Jump to content



  • Tweets

  • Posts

    • So 2 days following the warrant issue.. Hermes finally contacted me to arrange payment and said they had not received my prior claim letters hence the lack of response? But they received this one though didn’t they before the bailiffs are in!   Am incredibly pleased and thankful to CAG! I didn’t know this great  community would be what I find back in Dec from a quick search! Really appreciate the time taken to help me on this and I wouldn’t have a clue without it! I have just donated. Its forums like these that really makes a difference to society, so we need to keep it going!   Key points to note: Hermes Parcelnet Limited (UK entity and HQ in Leeds - address to this) Don’t use packlink for high value items (it links ebay details to the courier selected) Never use Hermes for high value items EVER!
    • ???   you ignore them until they comply and we confirm the filing cabinet copy and paste bogroll they send IS enforceable. cause i bet you 100% it won't have come from them awaiting the OC to send it....their raiding their filing cabinets now i bet..
    • Still waiting for these diagrams. We've been dealing with this story for nearly 48 hours now and we are only starting to understand exactly what happened and we still haven't got information that we've asked for.  
    • Dx100uk well not really, considering he pulled out on me from the side of the road. He should have gave way. Why do you think he has told a different story to his insurance ?   Because he knows if he has said he pulled out on me he would be held liable.   He pulled away from my left hand side then braked- leaving his van in an angled position, it literally happened within the space of a split second  
    • Update: the lawyer friend sent a very good legal letter last week  The third letter will be sent over the next few days - here is the proposed text - your comments welcome as ever: Dear Will & John Letter Reference:xxxx I write with reference to your recent letter in relation to PCN numberxxxxx You threaten Court proceeding on behalf of your client yet your client’s rationale for charging me has no legal substance. An alleged parking offence as a breach of an alleged contract.  I have no contract or terms and conditions with your client.   Furthermore, the sum you are requesting is fictitious. I have no intention of paying any monies to your client. You had no legitimate reason to access my personal details so are already in breach of GDPR by texting me several times on my personal number which I have not given permission for you to use.  Coupled with the several letters you have sent your persistence amounts to nothing short of harassment. Should this continue I will have no hesitation in contacting the ICO to report the breach. The letters I have received will be useful as tinder for the open fire in my living room now the weather has turned cold again. Should you wish to take me to court, I will be seeking full costs through a recovery order under CPR 27:14 which will come in handy now I find myself in the unenviable position of redundancy as a result of Covid. Yours Sincerely   Copied to PCM UK "you don't want to be Gladstoned"   Thanks AJJM
  • Our picks

    • I sent in the bailiffs to the BBC. They collected £350. It made me smile.
        • Haha
        • Like
    • Hi @BankFodder
      Sorry for only updating you now, but after your guidance with submitting the claim it was pretty straight forward and I didn't want to unnecessarily waste your time. Especially with this guide you wrote here, so many thanks for that
      So I issued the claim on day 15 and they requested more time to respond.
      They took until the last day to respond and denied the claim, unsurprisingly saying my contract was with Packlink and not with them.
       
      I opted for mediation, and it played out very similarly to other people's experiences.
       
      In the first call I outlined my case, and I referred to the Contracts (Rights of Third Parties) Act 1999 as the reason to why I do in fact have a contract with them. 
       
      In the second call the mediator came back with an offer of the full amount of the phone and postage £146.93, but not the court costs. I said I was not willing to accept this and the mediator came across as a bit irritated that I would not accept this and said I should be flexible. I insisted that the law was on my side and I was willing to take them to court. The mediator went back to Hermes with what I said.
       
      In the third call the mediator said that they would offer the full amount. However, he said that Hermes still thought that I should have taken the case against Packlink instead, and that they would try to recover the court costs themselves from Packlink.
       
      To be fair to them, if Packlink wasn't based in Spain I would've made the claim against them instead. But since they are overseas and the law lets me take action against Hermes directly, it's the best way of trying to recover the money.
       
      So this is a great win. Thank you so much for your help and all of the resources available on this site. It has helped me so much especially as someone who does not know anything about making money claims.
       
      Many thanks, stay safe and have a good Christmas!
       
       
        • Thanks
    • Hermes and mediation hints. https://www.consumeractiongroup.co.uk/topic/428981-hermes-and-mediation-hints/&do=findComment&comment=5080003
      • 1 reply
    • Natwest Bank Transfer Fraud Call HMRC Please help. https://www.consumeractiongroup.co.uk/topic/428951-natwest-bank-transfer-fraud-call-hmrc-please-help/&do=findComment&comment=5079786
      • 33 replies
  • Recommended Topics

Parking Eye ANPR PCN Claimform - campanile liverpool queens dock, l3 4aj,


Please note that this topic has not had any new posts for the last 726 days.

If you are trying to post a different story then you should start your own new thread. Posting on this thread is likely to mean that you won't get the help and advice that you need.

If you are trying to post information which is relevant to the story in this thread then please flag it up to the site team and they will allow you to post.

Thank you

Recommended Posts

Name of the Claimant Parking Eye

claimants Solicitors: rosanna breaks

 

Date of issue – 03/09/18

 

Date to submit defence = 05/10

 

What is the claim for –

 

1.monies outstanding from the defendant, as registered keeper, in relation to a parking charge, issued 31/05/18, for parking on private land in breach of the terms and conditions (the contract).

 

2.Parkingeye's automated number plate recognition system, monitoring campanile liverpool queens dock, l3 4aj, captured vehicle entering and leaving the car park, parking without authorisation.

 

3.The signage, clearly displayed at the entrance to and throughout the car park, states that this is private land, is managed by parking eye and authorisation is required to park, along with other T+C's by which those who park on site agree to be bound.

 

In accorance with the T+C's set out in the signage, the parking charge became payable.

Notice under the protection of freedoms act 2012 has been given under sch 4 making the keeper liable.

 

This is in reference to parking charge ####

 

 

What is the value of the claim? £175

 

Has the claim been issued by the Private parking Company or was the PCN assigned and it is the Debt purchaser who has issued the claim ? PPC

 

Were you aware the account had been assigned – did you receive a Notice of Assignment? No

 

I havnt done anything yet, I am in the process of sending the CPR 31:14 off

 

Do i need to acknowledge the CC forms

 

Any help will be appreciated

 

Link to post
Share on other sites
  • Replies 77
  • Created
  • Last Reply

Top Posters In This Topic

Go on on the MCOL website detailed on the claimformlink3.gif.

 

 

register as an individual

note the long gateway number given

then log in

 

select respond to a claim and select the start AOS box.

 

then using the details required from the claimform

 

defend all

leave jurisdiction unticked.

click through to the end

confirm and exit MCOL

 

 

The team will be along with more advice soon.

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!

Link to post
Share on other sites

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... 

Link to post
Share on other sites

1 Date of the infringement 31/05/2018

2 Date on the NTK, dont know this as I ignored them and binned the letters

3 Date received dont know

 

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

 

5 Is there any photographic evidence of the event? yes

 

6 Have you appealed? no i have ignored everything up until the court letter from today

 

7 Who is the parking company? parking eye

 

8. Where exactly, campanile liverpool docks

 

official body BPA

 

ok a little bit of info I have found out digging around online

Address:

Campanile Hotel

Chaloner Street

Liverpool

L3 4AJ

Tenure:Leasehold

campanile dont actually own the land, they just lease it so if I have read it right, I dont think they will have the land owner permission to do this kind of stuff.

 

Parkingeye havnt applied for any planning permissions at all throughout the whole of liverpool for anpr or signage/displays accoring to the local councils website which tells you of every planning application made for liverpool

 

Am I barking up the correct tree here in making a defence

Edited by dx100uk
merge/format
Link to post
Share on other sites

on the right lines

is this port authority land?

if so bet there are byelaws?

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... 

Link to post
Share on other sites

Regarding the lease, if the landlord gives the leaseholder the right to do want they want then there may well be a chain of authority and it will be an absolute sod to actually find out whether this applies or not as you cant force anyone to hand over the contract without spending a lot of money.

 

However, that isnt to say you shouldnt raise the matter in your defence because if you also use the lack of planning argument you may well tip the balance in your favour as it will be 2 things that are going to be questionable.

 

Now, what about the signage at the place?

what terms were offered and does it create a contract with you?

That may depend on why you were there so you will have to tell us the purpose of your visit.

 

If you stopped in the hotel then they have a duty to tell you that they are forcing you to agree to a contract with a third party as part of the conditions for staying with them

 

I fear that by leaving it this late you have missed that particular boat but worth considering along with the above. If you werent stopping then it will boil down to the offer to park made by the signs.

Edited by dx100uk
Spacing
Link to post
Share on other sites

I will get some pictures of the signs asap because I didn’t actually see any when i entered the carpark and its a place i used to always park without any hassle. I was the driver as well but this has all come to my partner as the registerd keeper

Link to post
Share on other sites

Hi

I have had a look on Google and although the images were from last year, the only sign I could see was for the casino next door. There was nothing at the entrance to the hotel site so we do need up to date pictures

If you are asked to deal with any matter via private message, PLEASE report it.

Everything I say is opinion only. If you are unsure on any comment made, you should see a qualified solicitor

Please help CAG. Order this ebook. Now available on Amazon. Please click HERE

Link to post
Share on other sites

as you are not the person being sued we will refer to YOU when we mean the defendant, even if that is your partner. It makes things so much easier.

You havent answered why you were there, it is important because other contracts with trump this one may be in place when you go there.

Link to post
Share on other sites

I was there to meet a friend for some lunch in the restaurant. I don’t remember seeing anywhere that you would have to give notice of your car being in the car park or you would be fined/charged

Link to post
Share on other sites

Ok,

the if the resaurant doesnt have notices in it saying by eating there you are agreeing to pay some bandit £100 then you may well not have entered a contract with said bandits.

 

The signs themselves are only part of the offer and consideration and finally acceptance.

If you cant see the signs and the occupier of ther land invites you to stay anyways then the parking contract is not fulfilled so you cant be said to have broken it.

 

these small bits will make or break this claim so get photographing and revisit the restaurant and see what notices they have about use of their car park being subject to conditions.

 

If there isnt anything dont be afraid to ask but try and avoid saying why you are aksing or they will become very defensive, the parking co's can be quite aggressive in demanding the right to chisel as much as they can from the hotel customers without having to cancel their charges when they are wrong.

 

often it is written into the contarct they will only have to cancel a certain number a month even if they are all issued incorrectly.

That menas the occupier is them bound to help the parking co gain money by deception but no-one will ever get their collar felt

Edited by dx100uk
spacing
Link to post
Share on other sites

IF there is any signs there, pictures are essential. Have you contacted the Campanile to see if they can help as you were a visitor there. It is the norm that when people visit certain hotels/restaurants that you would input your car reg into a computer at reception. If there was nothing to indicate this then that would also be unfair.

If you are asked to deal with any matter via private message, PLEASE report it.

Everything I say is opinion only. If you are unsure on any comment made, you should see a qualified solicitor

Please help CAG. Order this ebook. Now available on Amazon. Please click HERE

Link to post
Share on other sites

I called and emailed them. The email hasnt been replyed to and the call was answered by a foreign lady who said she would have someone call me back which never happened.

 

I am going down there over the weekend and hopefully get it sorted with them

Link to post
Share on other sites

you will need to get down there and take pictures.

You cannot rely on others to co-operate as their jobs may preclude them from being helpful as the authority is not there.

 

get pictures of

the entrance to the land from the public highway and any signs there (or if there are none make a note of that as it will be enormously helful)

pictures of the signs in the car aprk and make a note of their size, and placement, is how many and where are they

- stuck behind a wheelie bin doesnt allow you to consider them and if they are in awkward places

take pictures to show the obstacles as well, the worst light you can show them in the better.

 

The go into the hotel restaurant and note any signs in there regarding warnings about parking.

It may be possible to consider that if there are no restrictions shown inside then the contract doesnt apply but that is not a clear cut strategy but worth using in conjunction with poor visibility of signage elsewhere.

 

agree that unfair contracts terms can apply and that voids the contract if you dont want to be bound by it. Now the contract offered by buying tea and biccies that doesnt mention the £100 parking fee would be considered unfair if your decision to go there was based on what the hotel offers you so look at their website and see if when they wax lyrical about visiting their restaurant it mentions paying a fee to PE to get in. Basically damn them by their own words

Link to post
Share on other sites

Thanks for the advice. I have been over the website and it doesn’t mention once about paying to park. It actually advertises free parking. Which i have the screen shots of. I will be getting pictures and details of other signs over the weekend

Link to post
Share on other sites

good. The website free parking also helps your case as it doesnt mention any conditions or warnings about a third party trying to rob you blind. You can claim that the occupier has offered you these terms which trump the PE contract

Link to post
Share on other sites

Same way you did AOS

 

But not yet!!

 

Did you do all of post 2

Edited by dx100uk
merge

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... 

Link to post
Share on other sites

good

 

take you time weeks yet till day 33 deadline

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... 

Link to post
Share on other sites

read upload

one multipage PDF only please

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... 

Link to post
Share on other sites

see if that has worked

 

I think the pdf file with the pics of the "signs" in the hotel has worked and uploaded

 

I actually laughed when I went in the car park and seen them,

 

Some are hidden behind parks cars and trees and the rest are pointed in different directions actually facing the building, so unless you walked right up to them to see what they actually were you would have no clue what they are.

 

I went in the restaurant and again there are no signs anywhere telling you what to do, there is a small printed out piece of paper with the words "enter reg here" stuck to the wall by a computer on a stand

 

there is no other instructions what it is for or what to do

campenile pics.pdf

Edited by dx100uk
merge
Link to post
Share on other sites
  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...