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    • Hi all, just to close this one, please see the photos below....before and after    Thank you, all, for some great advice (as per usual!)
    • Thanks BankFodder.   I wasn't intending on making bones about it with them but I was irked at being dismissed with the phrase 'it's store policy'.  I returned it because I was returning an air hockey game which wasn't functioning properly.  I would have assumed that if it were designed as a toy for an audience that may be prone to dropping it, it would be made to be suitably durable.  I was expecting that a year would have been reasonable and by it not lasting it was, as you mentioned, not of satisfactory quality. Alas, it's not something I wish to pursue to find out for sure.   I do appreciate your feedback, as always on here, I like to know where I stand with these things.  Thanks also for the heads-up on the Youtube video, I had not thought of that.
    • I've also being doing some reading over the weekend. It appears the law of properties act 1925 does not apply in Scotland (only England and Wales).   "In Scotland an assignation need not be in writing, and intimation is all that is needed to give the assignee a right effective against all parties. Apart from the terminology, the principal differences in England are as follows. Under the Law of Property Act 1925 the assignment must be in writing, the entire benefit must be assigned, and notice must be given to the other contracting party. If any of these elements are missing there may still be an equitable assignment – under which an assignee would typically need to join the assignor as a party to any action under the contract."   So I think the NOA defence is not going to hold up, as Nolans are probably right in what they are saying that their letter (intimation) is sufficient.   So my sole defence is going to be lack of default notice under section 87/88.   Any advice at this stage? I assume costs are still capped at £150 if lose?
    • Hi bankfodder. I do have the invoice in my email, so would it be the cost of the turbo and labour for fitting
    • as i said unsure of what this 15% is about.   the FOS/FCA clearly describe how refund calcs show have been made the their relevant sites.   p'haps at this juncture it might be better to scan up to ONE multipage PDF their refund letters  another set of eyes is always belter.   please read our upload guide carefully      
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    • I came across this discussion recently and just wanted to give my experience of A Shade Greener that may help others regarding their boiler finance agreement.
       
      We had a 10yr  finance contract for a boiler fitted July 2015.
       
      After a summer of discontent with ASG I discovered that if you have paid HALF the agreement or more you can legally return the boiler to them at no cost to yourself. I've just returned mine the feeling is liberating.
       
      It all started mid summer during lockdown when they refused to service our boiler because we didn't have a loft ladder or flooring installed despite the fact AS installed the boiler. and had previosuly serviced it without issue for 4yrs. After consulting with an independent installer I was informed that if this was the case then ASG had breached building regulations,  this was duly reported to Gas Safe to investigate and even then ASG refused to accept blame and repeatedly said it was my problem. Anyway Gas Safe found them in breach of building regs and a compromise was reached.
       
      A month later and ASG attended to service our boiler but in the process left the boiler unusuable as it kept losing pressure not to mention they had damaged the filling loop in the process which they said was my responsibilty not theres and would charge me to repair, so generous of them! Soon after reporting the fault I got a letter stating it was time we arranged a powerflush on our heating system which they make you do after 5 years even though there's nothing in the contract that states this. Coincidence?
       
      After a few heated exchanges with ASG (pardon the pun) I decided to pull the plug and cancel our agreement.
       
      The boiler was removed and replaced by a reputable installer,  and the old boiler was returned to ASG thus ending our contract with them. What's mad is I saved in excess of £1000 in the long run and got a new boiler with a brand new 12yr warranty. 
       
      You only have to look at TrustPilot to get an idea of what this company is like.
       
        • Thanks
      • 3 replies
    • Dazza a few months ago I discovered a good friend of mine who had ten debts with cards and catalogues which he was slavishly paying off at detriment to his own family quality of life, and I mean hardship, not just absence of second holidays or flat screen TV's.
       
      I wrote to all his creditors asking for supporting documents and not one could provide any material that would allow them to enforce the debt.
       
      As a result he stopped paying and they have been unable to do anything, one even admitted it was unenforceable.
       
      If circumstances have got to the point where you are finding it unmanageable you must ask yourself why you feel the need to pay.  I guarantee you that these companies have built bad debt into their business model and no one over there is losing any sleep over your debt to them!  They will see you as a victim and cash cow and they will be reluctant to discuss final offers, only ways to keep you paying with threats of court action or seizing your assets if you have any.
       
      They are not your friends and you owe them no loyalty or moral duty, that must remain only for yourself and your family.
       
      If it was me I would send them all a CCA request.   I would bet that not one will provide the correct response and you can quite legally stop paying them until such time as they do provide a response.   Even when they do you should check back here as they mostly send dodgy photo copies or generic rubbish that has no connection with your supposed debt.
       
      The money you are paying them should, as far as you are able, be put to a savings account for yourself and as a means of paying of one of these fleecers should they ever manage to get to to the point of a successful court judgement.  After six years they will not be able to start court action and that money will then become yours.
       
      They will of course pursue you for the funds and pass your file around various departments of their business and out to third parties.
       
      Your response is that you should treat it as a hobby.  I have numerous files of correspondence each faithfully organised showing the various letters from different DCA;s , solicitors etc with a mix of threats, inducements and offers.   It is like my stamp collection and I show it to anyone who is interested!
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Brittania ANPR PCN - Costa Lydiards Field Swindon SN5 8UY


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Hi,

 

I've received a DRP letter yesterday.

This was for a visit at a Costa from two months ago so I was very surprised, and annoyed.

 

I contacted Brittania directly (see my correspondence below) before I had found this forum.

I can't understand how DRP can successfuly send me a letter while Brittania can't.

Is there grounds there for ignoring them?

They have sent me timestamped photos of my car with an overstay of 13 minutes.

 

I've read many similar threads with the general advice being to ignore the debt collection and parking agencies.

Given that I have contacted them via email, have I compromised my situation?

I have not yet formally appealed - I think.

 

Please find more relevant info below.

 

I look forward to hearing your thoughts on this.

 

Many thanks

 

1 Date of the infringement 01/06/2018

 

2 Date on the NTK [this must have been received within 14 days from the 'offence' date] I have never received an NTK - only a DRP letter

3 Date received As above

 

4 Does the NTK mention schedule 4 of The Protections of Freedoms Act 2012? [y/n?] As above

 

5 Is there any photographic evidence of the event? Brittania have sent me timestamped photos. I exceeded the allowed parking time by 13 minutes.

 

6 Have you appealed? {y/n?] post up your appeal] Y

 

To my great surprise I've received a Debt Recovery Plus ltd letter saying you have sent me a letter for a parking charge which was not answered which is completely untrue.

I have never received a letter from yourselves and therefore wasn't able to contact you and appeal it.

 

I was meeting clients at the Costa immediately next to where I had parked my car.

I was with the clients for no more than 90 minutes.

Is this worth noting we all were paying customers at the Costa.

I find it completely unacceptable to have to pay the £160 fees for staying at a cafe for a mere 90 minutes.

 

I was conducting my business and using the parking facilities reasonably.

As such I hope this parking charge will get cancelled without me having to escalate this matter further with the owners of the Costa I frequently visit.

 

Kind regards,

 

Have you had a response? [Y/N?] post it up Y

 

Thank you for your email.

 

Please be aware that we have a record of sending correspondence relating to this Parking Charge Notice on 7th June 2018, with a subsequence letter sent on 26th June 2018 to make you aware of the outstanding contravention. Britannia Parking cannot be held responsible for postal correspondence remaining unread having arrived at the address provided to them by the DVLA.

 

The terms and conditions of the car park detail that your information may be requested and shared with the BPA, DVLA , debt recovery agents and solicitors.

 

The Final reminder that was sent to you also advises, “If this notice is ignored, further action may be taken including instruction of debt collection agencies, solicitors and or court proceedings, all of which will incur further costs. To avoid further unnecessary costs or actions please pay the Parking Charge within the aforementioned time period.”

 

Britannia Parking laid clear the terms and details of our appeals process and payment to resolve this Parking Charge Notice, and cannot be held responsible for postal correspondence remaining unread.

 

As this PCN has been passed to Debt Recovery, a separate company from our own, Britannia Parking have no further comments to add regarding this PCN and consider this matter to be out of our hands.

 

Please refer all future correspondence to Debt Recovery.

 

7 Who is the parking company? Brittania

 

8. Where exactly [carpark name and town] Costa car park Lydiards Field Swindon SN5 8UY

 

I've also attached the timestamped photos they have sent me.

 

I look forward to your thoughts on this.

10075589.jpg

10075583.jpg

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You have +10 mins grace period

Plus if yo look at the planning perm on the council site I bet the org time is 3 hrs and no powerless ppc or dca can change that

please don't hit Quote...just type we know what we said earlier..

 

DCA's view debtors as suckers, marks and mugs

 

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

 

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

 

 

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I knew about the 10 minutes grace period. I wasn't aware of the 15 mins one.

 

I'm searching on the planning website it's ridiculous I can't find the planning perm. I'll contact the council.

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Well its +10mins

 

There's no max so a least 10 mins

please don't hit Quote...just type we know what we said earlier..

 

DCA's view debtors as suckers, marks and mugs

 

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

 

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

 

 

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Ok.

 

I've spend some time reading the planning application for the Costa and related facilities. I can't see any mention of parking cameras or any sort of enforcement. Has anyone looked at this?

On the Wiltshire council planning portal...

Capture.PNG

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Look at the org planning application for the whole area

please don't hit Quote...just type we know what we said earlier..

 

DCA's view debtors as suckers, marks and mugs

 

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

 

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

 

 

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complain to Costs for starters pouinting out that you havnt actually received any communication from the parking bandits and this is how they treat your customers etc.

 

Costs have come good before at this site so have a trawl through some of the older posts going back to last year.

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I'm still going through this at the moment, but here is a link to the Wiltshire Planning portal and the original planning application.

 

https://unidoc.wiltshire.gov.uk/UniDoc/Document/Search/DSA,737606

 

On the original plans, 51 car parking spaces were applied for and granted. No time limit was ever asked for and was never imposed as part of the permission! I can't find any application(s) or grant of permission(s) to vary that.

 

And this is without going in to any permissions that they probably haven't got for their signage and ANPR cameras.

 

 

Game, Set & Match I reckon :lol:

 

 

Best to keep this information under your hat for now, it'd be useful if these clowns ever decided to try and take you (or someone else) to court, but not a great deal of use as far as an appeal to Brittania and/or POPLOL.

 

But at least you now know that their claim for your vehicle overstaying their self imposed 2 hour time limit are completely groundless.

Please note that my posts are my opinion only and should not be taken as any kind of legal advice.
In fact, they're probably just waffling and can be quite safely and completely ignored as you wish.

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  • 4 months later...

Thank you so much for your replies!

It's good to know I have some recourse.

 

Since I last posted, they have sent me various letters every month.

 

Today, they say they have transferred my file to this legal firm and wanting payment within 16 days.

 

I'd love to heat what's your opinion on this, and what are my options?

 

Thanks!

20181207_113434.jpg

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you do nothing until or unless you get a letter of claim from their fake/tame paper only solicitor now.

please don't hit Quote...just type we know what we said earlier..

 

DCA's view debtors as suckers, marks and mugs

 

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

 

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

 

 

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no it has to be titled as such.

please don't hit Quote...just type we know what we said earlier..

 

DCA's view debtors as suckers, marks and mugs

 

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

 

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

 

 

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this is just another thretogram with added unicorn food tax.

You need to read things carefully so you understand exactly what it says rather then just forming an impression about its contents, which is exactly why it is written how it is.

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  • 2 weeks later...

You just need to send our sorry insult letter

 

Just look at like threads

please don't hit Quote...just type we know what we said earlier..

 

DCA's view debtors as suckers, marks and mugs

 

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

 

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

 

 

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Yes, a letter of claim from solicitors, NOT a letter from the court starting actual court action

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group

 

If you want advice on your thread please PM me a link to your thread

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One of EB's classics to BW Legal is post 2 at https://www.consumeractiongroup.co.uk/forum/showthread.php?481128-Excel-BW-Legal-Peel-Centre-(again)-ANPR-PCN although it obviously needs to be altered to fit your own situation.

 

BTW, did you ever get on to Costa? If not contact the area manager or the CEO. Even better if you paid by card and/or can remember the date and what you purchased.

  • Haha 1

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group

 

If you want advice on your thread please PM me a link to your thread

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Hey Dave. Cheers although I did (stupidly!) admit to overstaying by 10 minutes. I did get on Costa on a possible levels and they sadly aren't moving.

 

Is there a difference between the two types of letter?

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if you only ever over stayed by abour 10mis

then they don't have a leg to stand on as there is a MINIMUM of 10mins grace...

 

can you put everything you have placed as little pictures into ONE multipage PDF please

so we can zoom them.

just scan everything as it came to you

both sides of each letter please

 

REMEMBER to redact things properly INC barcode Qr'codes and PO codes

please don't hit Quote...just type we know what we said earlier..

 

DCA's view debtors as suckers, marks and mugs

 

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

 

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

 

 

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Share on other sites

A defended case will sink them, the quasi legal threats from the DCA are designed to scare people into paying something they don't oew, just like a CapitaTVL threatOgram sent to people who may not even need a TV Licence.

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

Have we helped you ...?         Please Donate button to the Consumer Action Group

 

If you want advice on your thread please PM me a link to your thread

 

The bailiff: A 12th Century solution re-branded as Enforcement Agents for the 21st Century to seize and sell debtors goods as before Oh so Dickensian!

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tidied the thread..

 

so snotty letter time as eb says use that link.

 

it puzzles me why you never received a NTK.

is the car not yours?

not registered to your address?

 

but your saving grace is as post 2

 

shame you used email and named yourself as the driver

 

dx

please don't hit Quote...just type we know what we said earlier..

 

DCA's view debtors as suckers, marks and mugs

 

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

 

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

 

 

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You need to write to Costa ( or whoever owns them) at their legal dept stating you are going to name them as co-defendants in this matter should it go to court. It is still withn theior powers to cancel but unless they think tyey are going to lose more money than it is worth they wont do a thing because they may have to compensate the parking co every time the parking co screw up. ( yes, that is how it works!)

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