Jump to content


  • Tweets

  • Posts

    • Hi Thanks for your reply. I have discussed this with citizens advice and they have taken details of the builder and reported them to trading standards who will take appropriate action. The builders claim that as the draft contract was sent over by email and I had time to think it over before deciding there is no cooling off period in this case.   When sending the draft contract they do not cover any details relating to cancellation rights or any of the details required in the legislation above as they are claiming it should be treated as 'on premises' and therefore my consumer rights do not exist.   I prefer not to give their name on a public forum at the moment but they are certainly not making my life easy at the moment. They are threatening to sue me for breach of contract if i do not pay up in 14 days.
    • Hi all, was a bit busy with my friends witness statement. It is my understanding that none of Assets ppl will attend the hearing pursuant to CPR 27.9 (1)(a). I'm not sure do my mate will be ready to go as he fall in deep depression, lost his interest in life and do not communicate at all now. Ok, there is the WS attached. Thanks DX for advice, I found some good ones here. No names stated in case someone from claimants side reading this. Will be appreciated for any advises and corrections. Thank you in advance.       WS.docx
    • Ok thanks DX, so i reclaim these charges and default sum fee's Then I guess once/if this is settled and they hopefully refund these charges then I need to make a repayment plan arrangement with them.   I think i need to move quickly as they have mentioned legal action which they said would involve property repossesion (so they stated anyway!)
    • Wrongly. I suggest that you post the drafts of the documents you are preparing to send or to file here before you actually do so. You've waited this long, another 24 hours won't make a big difference. You may as well get it right
    • Please will you tell us the name of the builders.  http://www.legislation.gov.uk/uksi/2013/3134/regulation/29/made lays out the circumstances in which you lose your right to cancel and off premises contract. I don't see anything here which says that you are not entitled to use the 14 day cooling off period. I suggest that you email the building immediately and ask him on what basis he says that you are not entitled to a cooling off period. Tell him that if he will not explain this to you then you will not engage in any further communication with him. In any event, and off premises contract must contain at least the following information – meaning that the supplier of the services must provide you with the following information http://www.legislation.gov.uk/uksi/2013/3134/schedule/2/made     Please check your contract and any other messages you have received on paper or by email and see whether together it can be said that you are provided all of this information. If you were not provided with this information then the cooling period doesn't even begin to run. To all intents and purposes the contract is not complete yet. On the basis of the dates that you have provided to us it would appear that you have exercise your right to cancel just within the 14 day period and so therefore your cancellation is good. It seems to me on the basis of what you have told us that you are being bullied and browbeaten by these people. If it is correct that they haven't given you any details about the right to cancel then they are potentially committing an offence and once they have explain to you why you don't have the benefit of a cooling off period, you could then reply to them and warn them that by failing to include all of the information in schedule two – but particularly information as to the right to cancel, they are committing an offence. http://www.legislation.gov.uk/uksi/2013/3134/regulation/19/made   Once you are satisfied that you are on secure ground, I would suggest that you write and tell them to do the other thing and that you will be happy to see them in court where you are sure that the judge will be very interested also to see the way they have behaved against you. Please let us know the name of the builders and also once you are sure of your ground I suggest that you start putting reviews up on trust pilot and Google and elsewhere.
  • Our picks

Tony08

CCJ - parking at Aintree NHS Hospital/ Trethowans.

style="text-align:center;"> Please note that this topic has not had any new posts for the last 377 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

On 19th October 2017, my wife (only legally) parked at Aintree Hospital car park. According to the solicitors who have chased me for money a breach of contract notice was placed on the windscreen of the car. They state that this provided 14 days to pay or appeal. They have told me that because they had no registered vehicle details that they requested this from the DVLA.

 

The solicitors have refused to provide the date that they sent this letter to the DVLA or provide a copy of the letter or DVLA response. On 28th November the solicitors state that a pre-action letter was sent and provided 30 days to appeal or pay £60. They state that a further pre-action letter was sent on 19th January 2018. They then say that on 2nd March 2018 Court proceedings were issued. A claim form was said to have been posted on 6th March giving until 22nd March for a defence to be filed. A defence was not filed by me nor were any court directions complied with (e.g. directions questionnaire).

 

Consequently a CCJ was issued dated 24th May.

 

The only letter I had handed to me by my wife was the CCJ letter (24th May letter). I was not driving the vehicle on the day as I was working. I have made this clear to the solicitors but they say because no letters were returned that they are assured I received them. To make this more complex, I do not reside at the address were the letters were sent and I have not resided there for a period of time before the alleged parking infringement took place. The reason for this is that my marriage had broken down.

 

I have made it clear to the solicitors chasing the money that I am not doubting that an infringement took place, nor am I doubting that the letters were sent out, what I have stated is that I was not driving the vehicle and that I believe the communications that were sent out are likely to have been withheld from me by my wife. To add further complexity the solicitors have stated that a defence was made.

 

They have sent a copy of the defence to me which is not signed or dated. The defence has been put together as if it was written by me and states "it was not me (e.g my name driving) it was my wife (wife's name) driving. The defence was not written by me and I strongly believe it was my wife who wrote this. I have asked the solicitors to confirm the date the defence was received but they have refused to provide this information. My wife has admitted she was driving on the day and stated that she spoke to the parking attendant. Therefore the company have been aware from the outset that it was a female who was driving and not me (a male). I have raised this point with the solicitors but that have not provided a response to it.

 

I would be grateful for any guidance that can be provided. For many different reasons I'm slowly getting my life back on track. I do not believe I should have to pay this fine but from reading around it appears I would need to pay to even have the CCJ set aside.

 

Many thanks

T

Edited by Andyorch
Paras and fonts/size changed/Thread title updated

Share this post


Link to post
Share on other sites

let us take the last bit first, it is not a fine, it is a court judgement orering you to pay a certain sum within a certain time. All it means is you owe someone some money, fines are laid down by the MoJ for being naughty

 

You can challenge the whole thing by filling out a court form N244link3.gif and paying the prescribed fee, asking for a set-asidelink3.gif and it should get returned to court to be heard again if the parking co want to go through with it.

 

 

Now lets look at some of the detail, it was your car and under certain circumstances the parking co can create a keeper liability. As you appear to hve not infomed the DVLA about a change in keeper address (unless you moved out after the parking event and then they will be writing to the correct address hence the N244link3.gif) you have made a rod for your own back.

 

 

You wont need your wife's co-operation with this but it would help but without that you will have a lot of legwork to do so you need to decide if you want to fight this or not. the defence submitted wont be taken into account and the solicitors are just hoping thet you wont go with the set-asidelink3.gif via the N244 as they will lose a payday if you do.

 

 

It will cost you £255 for the court application but you may get this back if the parking co want to continue after the set aside has been granted. Chances are they wont and may well cahse your wife, who if she has any sense will also resist their deamnds but that is nowt to do with your case. if you are on benefits the court fee is waived or reduced and you will need to fill out another form for the subvention of fees and take this to court with your N244.

 

 

So, up to you, pay up and still have a black mark on your credit file or fight. You have a very good chance of getting the CCJ removed but it will take some effort to research what you need to say to get this right. quality of writing rather than quantity. as already said, bear in mind the parking co may well ahve got most things right for their part but that will depend on who it is so please tell us

Edited by honeybee13
Paras

Share this post


Link to post
Share on other sites

Thank you so far Ericsbro

The company chasing the fine is Trethowans.

The fine at present is £172. Is there a change of winning the £255 back if the parking co do not want to continue after the set aside?

The ownership of the car is not so straightforward in some respects and I'm unsure if that makes a difference. We jointly own the car but it is in my name for DVLA purposes. Same with the insurance only I'm the policyholder. Both are at the same address that I had moved from but the car remains there.

 

 

The wife cooperates with some aspects but not with others. Is there something I can at least ask her to do which may reduce my legwork?

Share this post


Link to post
Share on other sites

Trethowans appear to be solicitors who have pursuing motorists as one of their sidelines. They don't seem to be registered with either BPA or IPC and have some very friendly Judges.................

http://www.trethowans.com/site/business_services/debt_recovery/debt_recovery_case_studies/failing_to_adhere_to_the_terms_and_conditions.html

Share this post


Link to post
Share on other sites

it is not a fine

stop using that word

look at the paperwork

 

no where will you see anyone states it is a fine.


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

spreadsheets 

 

Share this post


Link to post
Share on other sites

You are the keeper so it is your duty to keep records up to date so if the car is registerd at a particular address and you move out then the parking co have delivered the paperwork to the correct address if you are still connected to that address. It is about service of documents and I shall ignore the idea that your wife isnt that co-operative in forwarding your mail as that has nothing to do with the legalities. Stating that you no longer live there is enough as long as you have informed the DVLA that you have moved (if you havent you had better pull your finger out or you will not get a set aside and may get a proper fine for not doing so) and so have a record of the new address that documents may be served on.

 

 

As said, you have named the lawyers not the parking co. My first post made it clear this is not a fine so get your head around that fact and stop using the term inappropriately or you mey be undone if you do decide to go for a set-aside. A fine is what the DVLA will give you, this is a court debt judgement.

Share this post


Link to post
Share on other sites

Thank you Ericsbrother, and my apologies for the imprecise use of terminology.

 

 

With regards to the comment I made about my wife being (un)cooperative. This was not in relation to passing on mail. It was following on from the remark you made "You wont need your wife's co-operation with this but it would help". I was trying to ascertain how you thought it is possible that she could help.

 

 

Can you advise where I can find the name of the parking co? The only communications I have received are that I have received via email. These only refer to Trethowans and their client as being Aintree University Hospitals NHS Foundation Trust. No mention of any other parking co.

 

 

Thank you again

T

Share this post


Link to post
Share on other sites

PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

spreadsheets 

 

Share this post


Link to post
Share on other sites

a couple of hospitals have deals where they employ a parking co to do their work and get Tevs to issue the claims so the hospital will be the creditor.

 

This leads to another question you need an answer to and that is who accessed your keeper details as the use of the KADOE system is limited to approved entities who can show they follow a code of proactice and belong to one of the parking industry's trade bodies.

 

Now if a parking co has done the dirty work and passed on your details to the hospital trust then they have broken the agreement and thus the DPA and that means the hospital trust has no lawful authority to claim money from you using this illegally acquired data. that gives you another reason to get the set aside.

 

It will take tiem for the DVLA to send you the info though, they hate doing it as handing out personal data is a nice earner for them.

 

 

If the place is local to you just pop down there and photograph the signage etc, that will answer a number of questions that will be raied fi the set aside is to be grnated as you must show a reasonable prospect of overturning the judgement

Edited by dx100uk
Spacing

Share this post


Link to post
Share on other sites

When I emailed trethowns I requested that they send to me all photographs of the signage and all of the letters which had been sent out. Attached is an image of the signage that Trethowans state is the contract upon entering the car park.

 

 

In all of the communications I have had with Trethowans one of the pieces of information that they have refused to send is the letter to, and response from, the DVLA. I submitted a subject access request to Trethowans yesterday to hopefully obtain this information. Is there anything else you would advise I do? Should I still contact DVLA?

 

 

Also, my wife has agreed to state that she was driving and did discard of my post. Would this make a difference at all?

Contract Nov 14- 2016 -.doc

Share this post


Link to post
Share on other sites

use file save as pdf next time

it doesn't show pers details in the properties box


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

spreadsheets 

 

Share this post


Link to post
Share on other sites

you have wasted your time with the SAR, you get that from the DVLA by asking who obtained your keeper details and for what reason was it requested. You may wellhahve them for a breach of the DPA as was.

 

as for your wife admitting that she threw your post away, it may well help you get a set aside.

 

as for admitting bing the driver, well she would then get a bill for the parking event so I doubt if she will be that generous. better beating them by showing they got the protocols wrong and no contract or breach of contract so no-one gets further bother

 

" and its duly authorised agent.

Well that mean the agent has no poers to sue, just the hospital trust so were they employing trevs as solicitors or parking collection agents?

 

this is also not a sign but a piece of paper that no-one would ahve ever seen so in the scheme of things irrelevant and not a contract

Edited by dx100uk
merge

Share this post


Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...