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    • Hi and Welcome to CAG     I have moved your topic to our Scotland Financial Legal Issues Forum.....please continue to post here to your thread.   Have  a read of the locked sticky  threads above yours on the process of defending a Scottish claim.   Andy
    • Sorry about making  a post too early. I should read other consumers forum threads before.  I am doing it now, because they are a lot of similar ones;
    • It already is epidemic. perhaps he meant the next stage ... pandemic.   https://www.cdc.gov/csels/dsepd/ss1978/lesson1/section11.html   media existing to sell newspapers / advertising space / looking to get viewer numbers ... who’d have thought it.   The media has a responsibility to give decent advice : appropriate concern rather than generating panic.
    • Latest update:   He managed to get through to BC before they closed earlier this evening. Last payment of £175.00 was 03/02/2014. Issue date for the claim 30th Jan 2020   Is he skewered? No supporting paperwork?   CCA and CPR waiting to go.   What next?   Thanks   stephenXL
    • Hi,   I'm looking for advice regarding a court claim being made against me by Erudio regarding an old student loan. I've received a claim through the Scottish Simple Procedure process for almost £4000 regarding a loan taken out in 1999. The original loan would have been for approximately £1800 to my best recollection.   I can't say for certain at the moment (will need to call SLC to verify) when the last time I deferred was - it was a long time ago and I've no recollection of sending anything at all to Erudio at any point, nor was I aware that they required a deferment form as well. I had been paying off my other student loans taken out a few years after this one (04, 05 and 06) through my earnings to the SLC even though I was under the repayment threshold at the time, and I've only earned over the repayment threshold for just over the past 2 years. I was happy enough for paying them off in this manner so I had never felt the need to continue to defer with the SLC, and never really paid much attention to the statements sent by Erudio as I'd incorrectly assumed that they would be paid through this manner as well. At this point, I have recently received a letter from the SLC stating that my loan repayments are coming to an end very soon, but it would appear that this hasn't made any payments towards the loan that Erudio have taken over.   I've been reading through the topics posted over the past couple of weeks for and reading about others in similar situations to try and ascertain the best plan of action.   Particulars of claim: (copied directly from the claim, account numbers and monetary values redacted)   Name the issuing court: Edinburgh Sheriff Court   Who Is The Claimant: Erudio Student Loans   Who Are the Solicitors: Shoosmiths LLC   What type of action? (Simple/Ordinary): Simple   Section D1: The claimants are a finance company which inter alia operates the business of debt purchasing. By virtue of a debt purchase agreement ("the Agreement") between claimants and Student Loans Company ("the Original Owner") dated 22/11/13, the claimant acquired title to and was assigned the right to payment in respect of all debts and other monetary claims of any nature due at the date of agreement, and in particular in relation to the the contract hereinafter condescended upon. The said assignation was intimated to the defendant by way of written notice on or around 22/11/2013. The agreement between the respondent and the original owner upon which this action is based was regulated under the Consumer Credit Act 1974. Further information in relation to that agreement is contained in section D$, where we set out the sums due and the basis upon which they fell due. As at the date thereof, the sum due in terms if the said agreement amounts to £xxxx.xx.   Section D4: The said contract agreement between the Original Owner and the respondent is a regulated credit agreement in terms of section 189 of the Consumer Credit Act 1974. It is also regulated by the relevant Education (Student Loans) Acts and related regulations. It is dated 26/10/1999, and relates to a Student Loan Agreement with the account number xxxxxxxxxxxxxxxx. The said agreement required the respondent, following completion of their course of study, and upon meeting certain conditions relating inter alia to their income , to make payment of the sums due by the way of consecutive monthly installments. The said installments were required to commence in the April following the respondent meeting certain income criteria and were to be based upon a percentage of the respondent's income over the said threshold amount. It was a term of said agreement that a failure to meet any installment on a due date would render the account in default and would entitle the claimant to serve a notice of default on the respondent requiring the respondent to remedy the breach within 14 days which failing the claimant would be entitled to demand repayment of the loan in full. On or around 22/04/2019 the respondent failed to make payment of the sum which had fallen due and the said account thereby entered into default. A default notice was issued to the Respndent on 22/04/19. The Respondent failed to remedy the default following upon service of the said notice and the account was terminated in accordance with that notice. The account remains in default. The sum due in thereunder is due and payable now. As at the date hereof, the sum due in the terms of said agreement amounts to £xxxx.xx. In terms of the Agreement, and the written notice hereinbefore condescendedupon, the right to receive payment of the sums due in terms of the said account vests in the Claimant.   Date of raised claim [or court stamp date from writ] :- 23rd Jan 2020   Last Date Of Service [or from form 07]:- 17/02/2020 - this was delivered before then.   Last Date For Response [or from form 07]:- 09/03/2020   What Documents are listed in Box E2:[or in your form requesting the same?] A copy of the credit agreement, statements of account and notice of assignation will be produced in any defended process to follow hereon.   Is the claim for ......an Overdraft, credit card, loan account, HP Agreement, Catalogue or mobile phone debt? :- Student Loan     BOX D5 what has the claimant stated: IN FULL or [Pleas in law from the writ] I want the court to order the respondent to pay me the sum of £xxxx.xx …..   from your knowledge: answer the following:   When did you enter into the original agreement before or after 2007? After 2007, started the course approx 1998, loan taken out 26/10/1999 as per the info they gave me   Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim.:- Debt purchaser (Erudio), Shoosmiths LLP   Were you aware the account had been assigned – did you receive a Notice of Assignment? Not to my recollection although I was aware that Erudio had been sending statements regarding a student loan   Did you receive a Default Notice from the original creditor? Possibly but not to my knowledge   Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? Possibly but not to my knowledge   When was you last payment:- Uncertain, will need to confirm with SLC if payments made towards this loan, no payments ever made to Erudio to the best of my recollection   Why did you cease payments:- Was paying off student loans through earnings, never realised that this one was being treated seperately   Was there a dispute with the original creditor that remains unresolved? Not to my knowledge, SLC had taken payment through my earnings even though I was below the threshold as I hadn't deferred but I was happy to proceed with this.   Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? No     From the previous advice given, I'll get the CCA request done and also the CPR 34.14. The amount claimed seems very high and I've got no breakdown of how they have come to this figure. I've also been reading through the threads about how to set out the defence - the PercyPercy thread is of particular interest as there are similarities between the two, as I never gave any paperwork sent to me due attention and have ended up in this situation as a result.   Thanks in advance, and I'll supply additional info as quickly as possible if required.    
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Nick

Park Watch no waiting PCN - Ruby central shopping Center

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Hi there, it's been a while :(

 

I received a shiny PCN in the post today for NO WAITING after I pulled up at the side of a bank doing a favour for someone.

 

I'm a blue badge holder and didn't get out of the car any help would be gratefully received

 

For PCN's received through the post [ANPR camera capture]

 

please answer the following questions.

 

1 Date of the infringement 24th August 2018

 

2 Date on the NTK [this must have been received within 14 days from the 'offence' date] 05th September 2018

 

3 Date received 06th September 2018

4 Does the NTK mention schedule 4 of The Protections of Freedoms Act 2012? [yes]

 

5 Is there any photographic evidence of the event? yes

 

6 Have you appealed? {y/n?] post up your appeal] Waiting for advice from here

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

 

7 Who is the parking company? Park Watch

 

8. Where exactly [carpark name and town] Rugby Central Shopping Centre, Service area 3, Rugby

 

For either option, does it say which appeals body they operate under. BPA

pcn0009.pdf

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thread tidied


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

 

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ok well there is no such thing as no waiting on private land

as you have to 'wait' to read their signs that say 'no waiting' :lol:


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

 

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As the idiots have to give you a 10 minute grace period and also a sign saying no waiting or similar is not a contract to park they dont have a leg to stand on. However, being both stupid and greedy they will still try and chisel you for the money.

 

If you want to waste £25 of their money you can appeal to them and when they turn you down to POPLA (that costs them).

The simplest appeal will be that there was no contract offered as there was no such clause as NO WAITING on their signage,

that the phrase is prohibitive and not a genuine offer of terms to park

and in any case they have failed to allow a 10 minute grace period as demansded by the BPA Code of Practice.

All of the above points will beat a court claim and you can sue them for breach of the GDPR for ontaining and processing your personal data unlawfully but none of that will matter to POPLA as they have very limited terms of reference.

 

However, you can show that you have been through the motions and that the parking co have been made aware that their claim has no merit.

 

Normally I wouldnt bother with an appeal but in this case the adjudicator has straightforward matters to consider

- wording on signage and grace period.

 

If they reject your appeal then it will show they break their own rules

Edited by dx100uk
spacing

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I went today and took photos of the signs

41195659_465028440572487_7081156226372861952_n.jpg

41275734_1821216741326083_4253821702577848320_n.jpg

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are they the ONLY signs?

 

is there mention of no waiting or 10 mins grace period

are they the ONLY signs?


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

 

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it States No waiting at any time but there is no mention of a 10 minute grace period

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so brief letter as post 4


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

 

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You issued me with a parking ticket on 5th September 2018 but I believe it was illegally issued. I will not be paying your demand for payment for the following reasons:

 

 

 

 

• There was insufficient signage

The car park in question has no clear signage to explain what the relevant parking restrictions are. This means no contract can be formed with the landowner and all tickets are issued illegally. Please see attached evidence, no contract offered as there was no such clause as NO WAITING on their signage,

that the phrase is prohibitive and not a genuine offer of terms to park, I have gathered as proof.

 

• Mitigating circumstances

There are mitigating circumstances to explain why the vehicle was parked where it was and the charge should be waived for this reason. Please see attached evidence, I am a blue badge holder due to mobility issues, as proof of claim.

 

• The charge is disproportionate and not commercially justifiable

The amount you have charged is not based upon any commercially justifiable loss to your company or the landowner.

 

In my case, the £100 charge you are asking for far exceeds the cost to the landowner of the short period I was there. I therefore feel the charge you have asked for is excessive.

 

 

If you choose to pursue me please be aware that I will not enter into any correspondence and this will be the only letter you will receive from me until you answer the specific points raised in my letter.

 

Yours faithfully,

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not illegal unlawful

but that's not the point don't say anything

 

 

simply refer to the blue bit in post 4


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

 

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You issued me with a parking ticket on 5th September 2018 but I believe it was unlawfully issued. I will not be paying your demand for payment for the following reasons:

 

 

 

 

• There was insufficient signage

The car park in question has no clear signage to explain what the relevant parking restrictions are. This means no contract can be formed with the landowner and all tickets are issued unlawfully. No contract offered as there was no such clause as NO WAITING on their signage, that the phrase is prohibitive and not a genuine offer of terms to park.

 

• Mitigating circumstances

There are mitigating circumstances to explain why the vehicle was parked where it was and the charge should be waived for this reason. Please see attached evidence, I am a blue badge holder due to mobility issues, as proof of claim.

 

• The charge is disproportionate and not commercially justifiable

The amount you have charged is not based upon any commercially justifiable loss to your company or the landowner.

 

In my case, the £100 charge you are asking for far exceeds the cost to the landowner of the short period I was there. I therefore feel the charge you have asked for is excessive.

 

 

If you choose to pursue me please be aware that I will not enter into any correspondence and this will be the only letter you will receive from me until you answer the specific points raised in my letter.

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the blue bit in post 4 says nothing? about using the points in blue above?

 

the 1st bit well there is mention of no waiting.....


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

 

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I'm at a loss, it does state that is no waiting on the signs so should I appeal or just pay the £60?

 

I am also on benefits and it is a huge chunk out of my fortnightly payments.

 

Thank you for your advice so far

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no you don't need to pay it but you need to do a bit of self help

cant see you've read one other PPC thread at all???

 

there is a 10 mins grace period..


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

 

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right, the first sign is a prohibition so not a contract

, the second sign is not a contract but an invitation to treat so cant be binding and anyway carries no offer of terms so how can you accept them?

 

there is no illegality involved by either side in this matter, it is civil law, not criminal law.

 

No one gives a stuff as to why your car was where it was, it is completely irrelevant.

 

There is no such thing as mitigation in contract law so forget about it, you will get no sympathy and you will never win an appeal or a court case if that is what you think will help.

 

Now, read and understand a load of other posts, you have more than enough to destroy any legal claim these idiots may make.

Edited by dx100uk
Spacing

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These clowns would ticket a DPD/Yodel/Parcelforce/UPS van delivering at the location, no waiting is a prohibition, so as EB says no contract can be formed, as it is Private Land, there can be no criminal element.


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You issued me with a parking ticket on 5th September 2018 but I believe it was unlawfully issued. I will not be paying your demand for payment for the following reason:

 

 

The signs are a prohibition so not a contract, as it is private land there can be no criminal element.

 

 

If you choose to pursue me please be aware that I will not enter into any correspondence and this will be the only letter you will receive from me until you answer the specific points raised in my letter.

 

Yours faithfully,

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No, dont send that, it will only cause them to know they are pursuing the right person for starters. At present they dont have a clue who was driving so why are you telling them it was you?

 

It was suggested that you read a bundle of other threads and this is evidence you havent. If you want to write something you need to be more strident so I suggest something like:

 

Dear sirs,

with regard to your claim that a contract was breached I suggest that you find someone who understands english as well as the law to explain to you why there can be no breach of a contract when a contract doesnt exist.

No waiting is a prohibiton, not an offer to park.

 

Consider yourself lucky I have no desire to sue you for breach of the GDPR over this matter but stop wasting my time with your begging letters, you arent getting any money because none is due so you will just have to resit your GCSE's and try it on with someone else.

 

You dont invite then to pursue you or even request further correspondence as they see that as a sign you will pay up if they apply a thick enough layer of bull****.

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thank you,

I did read quite a few posts but could not find one that was relevant to the information that I required.

 

I appreciate the times that you have taken to reply.

Appeal sent

 

Thank you for your email.

I can confirm that your appeal has been received and you will receive a response within 35 days.

 

Please provide any evidence you have to support your appeal, such as a valid disabled badge, evidence of purchases and proof of delivery.

 

Please note, you must include your parking charge notice reference number and vehicle registration mark in order for us to process your appeal.

 

Your PCN, and the associated charges will be placed on hold until a decision has been made and communicated to you.

 

*Important information*;

 

We endeavour to review and respond to appeals within 10 days.

Your appeal response will not be sent from this mailbox, it is the appellant's responsibility to ensure their mailbox/junk box is checked daily to ensure you have the opportunity to pay at the reduced rate within 14 days if your appeal is rejected. After 14 days the charge will revert back to the original amount.

 

Please note; POPLA verification codes are live for 28 days only.

 

Kind Regards,

 

Park Watch

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There are dozens that talk about signage that is prohibitive in nature, looking for one from your site mentioning no waiting isnt necessary as it is the applicable law that counts and there are plenty to choose from.

 

so now you have given them your email address so they can pass it on and get other rentathreats to harass you for free.

 

If you had read more threads you would have seen that we advise to use old fashioned letters so the parking co's are put to the maximum inconvenience and expense in chasing you.

 

A common theme for any alleged debt that is disputed is to NEVER phone them, text them or email them as these methods allow them access to you at no expense.

 

they are also noted fro breaching the data protection laws so expect a load of spam from claims co's and whatever as they sell on lists of contacts to supplement their income and you then get claims management companies on the phone as well as people from the Phillipines working for "Microsoft" telling you by name that your computer is compromised etc.

 

None of this will make any difference to the outcome though, they will still tell you to pay up because they say so and they are still wrong in law

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It's a throw away email address that I can change at the drop of a hat and as far as I know I don't have any rent a threats chasing me for money. I definitely haven't provided them with a contact number. But i do get the odd phone call telling me my internet provider has been stopped.

 

Thanks again for your advice

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Good Morning,

 

The Parking Charge Notice was issued due to the vehicle being on private land for over 36 minutes, where the terms and conditions are 'No Waiting' and 'No Parking'.

 

Please state your grounds for appeal, if you do not wish to make an appeal or make payment the Parking Charge Notice will continue to escalate.

 

Kind Regards.

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go get the original planning permission granted for the whole shopping complex to be built from the relevant councils planning area of their website

 

I bet it says atleast 2hrs even 3hrs free parking.

no PPC can change that


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

 

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ignore them,

they know they are wrong but will not admit they cant read or write properly.

 

As for the notice continuing to escalate,

there is nowhere for it to go other than in the parking worlds fantasy world.

 

they get away with all of this because people generally dont know any better so they worry, pay up and then moan afterwards.

 

We believe in making the parking co worry

- worry they are going out of business because their lies have been exposed and no-one will then pay them becuase the debt isnt real.

 

Sit tight, better to say nothing no as you have created a paper trail and their ignorance or greed wont create a contract that doesnt exist

 

Good Morning,

 

The Parking Charge Notice was issued due to the vehicle being on private land for over 36 minutes, where the terms and conditions are 'No Waiting' and 'No Parking'.

 

Please state your grounds for appeal, if you do not wish to make an appeal or make payment the Parking Charge Notice will continue to escalate.

 

Kind Regards.

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I've now received my demand for £100

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