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    • ok looks like that's what you need to do. but keep it bare bones for now as post 5  
    • stuff and all if there no signed agreement in the return   dx  
    • 1st again why do you keep changing things before you send them   you've added counterclaim in to our std CPR 31:14 you sent? why? this opens you up to additional costs and I hope you didnt tick counterclaim when you did AOS on mcol too?   also I notice you've  played with our std OD defence above too...   pers I would refrain from continuing to change things as they are written in the frain they are for specific reasons.   your defence is due by 4pm Monday [day 33]   here are 2 versions you will ofcourse need to adapt them to lowells para no's and remove the NOA stuff as your docs show Lowell have complied with those. but don't forget to mention other documents provided to date notably statements contain no proof they came from Lloyds but rather Lowells own internal data system    dx   1. It is admitted with regards to the Defendant entering into an Agreement referred to in the Particulars of Claim ('the Agreement') with the [insert original creditor] . .  2. The defendant denies that the account exceeded the agreed overdraft limit due to overdrawing of funds but is as a result of unfair and extortionate bank charges/penalties being applied to the account. .  3. I refute the claimants claim is owed or payable. The amount claimed is comprised of amongst others default penalties/charges levied on the account for alleged late, missed or over limit payments. The court will be aware that these charge types and the recoverability thereof have been judicially declared to be susceptible to assessments of fairness under the Unfair Terms in Consumer Contracts Regulations 1999 The Office of Fair Trading v Abbey National PLC and others (2009). I will contend at trial that such charges are unfair in their entirety. .  4. It is denied that the Claimant has the right to lay a claim due to contraventions of Section 136 of the Law of Property Act and Section 82A of the consumer crediticon Act 1974. The Claimant has yet to provide a copy of the Notice of Assignment its claim relies upon. .  5. The claimant is denied from added section 69 interest within the total claimed that as yet to be decided at the courts discretion. .  6. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed. .  The claimant is also put to strict proof to:-. .  (a) Provide a copy agreement/facility arrangement along with the Terms and conditions at inception, that this claim is based on.  (b) Provide a copy of the Notice served under 76(1) and 98(1) of the CCA1974 Demand /Recall Notice and Notice of Assignment.  (c) Provide a breakdown of their excessive charging/fees levied to the account with justification.  (d) Show how the Claimant has reached the amount claimed.  (e) Show how the Claimant has the legal right, either under statute or equity to issue a claim.  (f) Show how they have complied with sections III & IV of Practice Direction - Pre-action Conduct. .  7. On receipt of this claim I requested documentation by way of a CPR 31.14 request dated [xxxxxxx] namely the Agreement and Termination Demand Notice referred to in the claimants Particulars of Claim. The Claimant has failed to comply with this request. .  By reason of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief. .  .............. or  Particulars of Claim  1.The claim is for the sum of 2470.56 in respect of monies owing pursuant to an overdraft facility under account number XXXXXX XXXXXXXXXX.  2.The debt was legally assigned by Santander UK Plc to the claimant and notice has been served.   3.The Defendant has failed to repay overdrawn sums owing under the terms and conditions of the bank account.   The Claimant claims:  The sum of 2470.56 Interest pursuant to s69 of the county courticon Act 1984 at a rate of 8.00 percent from the 7/04/2015 to the date hereof 14 days is the sum of 7.58Daily interest at the rate of .54  Costs Defence  The Defendant contends that the particulars of the claim are vague and generic in nature. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made.   1. It is admitted with regards to the Defendant once having had banking facilities with the original creditor Santander Bank. It is denied that I am indebted for any alleged balance claimed.   2. Paragraph 2 is denied.I am not aware or ever receiving any Notice of Assignment pursuant to the Law and Property Act 1925. It is denied that the Claimant has the right to lay a claim due to contraventions of Section 136 of the Law of Property Act and Section 82A of the consumer crediticon Act 1974. The Claimant has yet to provide a copy of the Notice of Assignment its claim relies upon.   3. Paragraph 3 is denied. The Original Creditor has never served notice pursuant to 76(1) and 98(1) of the CCA1974  Any alleged amount claimed could only consist in the main of default penalties/charges levied on the account for alleged late, rejected or over limit payments. The court will be aware that these charge types and the recoverability thereof have been judicially declared to be susceptible to assessments of fairness under the Unfair Terms in Consumer Contracts Regulations 1999 The Office of Fair Trading v Abbeyicon National PLC and others (2009). I will contend at trial that such charges are unfair in their entirety.  4. As per Civil Procedureicon Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.  The claimant is also put to strict proof to:-.  (a) Provide a copy agreement/overdraft facility arrangement along with the Terms and conditions at inception that this claim is based on.  (b) Provide a copy of the Notice served under 76(1) and 98(1) of the CCA1974 Demand /Recall Notice and Notice of Assignment.  (c) Provide a breakdown of all excessive charging/fees and show how the Claimant has reached the amount claimed.   (d) Show how the Claimant has the legal right, either under statute or equity to issue a claim.  (e) Show how they have complied with sections III & IV of Practice Direction - Pre-action Conduct.  5. On receipt of this claim I requested documentation by way of a CPR 31.14 request dated April 2015 namely the Agreement and Termination Demand Notice referred to in the claimants Particulars of Claim. The Claimant has failed to comply with this request.   By reason of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.  Regards  Andy    
    • Hi   Just read your thread and looked at the Docs posted in your PDF.   1. from AST to rent a Car Parking space you need to have signed a Car Parking Agreement for a Space and for visitors you should have asked permission for another space in advance with a fee to pay. (i also assume renting a parking space would be at a cost)   2. You have no signed Car Parking Agreement nor visitor space agreement.   Did you not fully read that AST before you signed it and pick up what is stated about parking and ask them about this Car Parking Agreement and if you need one to park in the car park?   You could formally complain to them about what was verbally said to you but unless you have evidence of this it may be hard to prove.   You should also contact them and ask how you go about renting a Car Parking space/costs and about the Car Parking Agreement also what the process is for a visitor car parking space/costs.   You need to be aware that they could class you and your visitor as illegally parking in there car park without consent nor a signed car parking agreement which they could use as a Breach of your Tenancy Agreement so you need to be careful in how you are approaching this and where you are parking.   Just for info on checking Manchester Life website they have numerous buildings/apartments/car parks but you may be in a building where some of the apartments are leasehold and as part of there leasehold they may have purchased a car parking space in that building. (so how do you know you are not parking in a space that someone in the building has legally purchased?)
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jareka

Highview Parking overstay charge notice - Crownhill, Plymouth..

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Good evening,

 

My first post here ...

 

 

1 Date of the infringement 20/06/2018

 

2 Date on the NTK [this must have been received within 14 days from the 'offence' date] 16/07/2018 reminder - never received any previous notices

 

3 Date received 18/07/2018

 

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

 

5 Is there any photographic evidence of the event? Y

 

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

(...) 19/07/2018 09:35:22 There was a traffic light failure on the exit of car park and I was stuck in the car park for more than 90 minutes trying to leave the premises after some shopping at B&Q which lead to overstay. The letter dated 16/07/2018 is the first I have received regarding the case. (...)

 

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

(...) Thank you for your correspondence relating to your Parking Charge Notice (PCN). .......

 

The PCN was issued and the signage is displayed in compliance with The British Parking Association’s Approved Operator Scheme Code of Practice and all relevant laws and regulations.

 

Clear signs at the entrance of this site and throughout inform drivers of the 4 hours maximum stay at this site, and it is the driver’s responsibility to ensure that they allow enough time to remove their vehicle from the premises within this time limit. The fact that you were unaware of the restrictions that are in place is not considered a mitigating circumstance for appeal.

 

In light of this, on this occasion, your representations have been carefully considered and rejected.

 

We can confirm that we will hold the charge at the current rate of £100.00 for a further 14 days from the date of this correspondence.

 

----------

You have now reached the end of our internal appeals procedure.

 

Although we have now rejected your appeal, you may still have recourse to appeal to Parking On Private Land Appeals (POPLA), an independent appeals service. An appeal to POPLA must be made within 28 days of the date of this letter. POPLA will only consider cases on the grounds that the Parking Charge exceeded the appropriate amount, that the vehicle was not improperly parked or had been stolen, or that you were otherwise not liable for the Parking Charge. To appeal to POPLA, please go to their website and follow the instructions. If you would rather deal with this matter by post, please contact our Appeals Office and we will send you the necessary paperwork.

 

Your POPLA reference number is:xxxxx (...)

 

 

 

7 Who is the parking company? Highview Parking

 

8. Where exactly [carpark name and town] Crownhill Reatil Park - Plymouth

 

 

Is there any chance for a succesful appeal?

 

 

Thanks

Edited by dx100uk
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shame you've I'd yourself as the driver 'I' never put that say 'the driver'...

 

I would think they'll have a hard job if you prove [twitter?/facebook posts by others? or newspaper etc report] that the lights were faulty.


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Was it ANPR or a ticket on your windscreen? That point is crucial. Also highview have a reputation for claiming they have sent out a NTK, but dont.


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cant put a ticket on when you are in traffic

twill be ANPR capture at the exit point hence the 90mins delay getting out....


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Hi

I have just looked at the site. The signs I saw was for four hours parking. Has this changed? (the image was from 2017)

 

 

They should have allowed the appeal as there was mitigating circumstances that were out of your control and just shows how greedy this company is.

 

 

I wouldn't bother appealing to the BPA, just wait for court paper to turn up (which I doubt they will) then you can slay them in court


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Thanks for replies, really appreciated

@dx100uk

I was honest, never thought they reject without even reading ... As this is a minicab I'm the only driver allowed to use the vehicle under my license so I didn't want to complicate things any further ...

@renegadeimp

It was ANPR and notice in post

@silverfox1961

Never had to stay there longer than 1 hr before. I'll go back and check signage later

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they sent the NTK out too late so you would have been home and dry if you hadnt appealed to them. they dont know it is a minicab or what your insurance contracts say, I can drive your vehicle with your permission and any police officer or squaddie can do so whether you like it or not.

remeber this for the next time.

 

What the7y say is basically tosh and doesnt address your appeal anyways . What will be telling is seeing the unedit3ed images they captured that day with a laod of cars queueing to get out of their car park. The breach is not queueing but being PARKED and the law is clear on this point so they wont do themselves any good by going to court but they will try and cheat you and all of the other affected motorists out of money that they cant lawfully demand.

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