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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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Mezzle

Euro Parking Services - NTK - No ANPR - "Ashted Lock, Dartmouth Middleway, Ashted Lock Way, Birmingham, B7 4AZ

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1 Date of the infringement: 23/10/2018

 

2 Date on the NTK [this must have been received within 14 days from the 'offence' date]: 25/10/2018

 

3 Date received : 26/10/2018

 

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

 

5 Is there any photographic evidence of the event?: yes - 2 photos on letter

 

6 Have you appealed? no - letter states I need to provide certain things to appeal, but not how or where to

 

7 Who is the parking company?: Euro Parking Services

 

8. Where exactly?: . The letter states "Birmingham Science Park, B7 4BB" - however, I was parked in "Ashted Lock, Dartmouth Middleway, Ashted Lock Way, Birmingham, B7 4AZ"

 

The simple story here is that on the second day of starting a new job, I didn't display a parking permit (not being used to doing so) - and then I received this.

 

I believe I've a case to appeal, due to the fact that the parking spots are reserved for our company, and I have a permit, just forgot to display it.

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Sorry about the poor quality scan, but have attached the redacted PCN

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They've already failed on a few things. Sit tight and the regulars will be around. There's no rush. Euro car parks / parking services always and without fail make glaring mistakes

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Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

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Also please take down your PDF. There are still personal identifiers on it.


Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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Taken it down - Think you were referring to the PCN serial?

If there was something else I missed, please message me and let me know, but for now, here's a re-redacted version

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did they leave a windscreen ticket?

this is operator pictures,

they've issues the NTK too soon.

you have a valid permit regardless to not displaying it.


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They didn't leave a window ticket (that I'm aware of)

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then ignore them.


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

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Brill, will file and ignore until I get anything further :)

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as the supposed breach is parked without displaying a valid permit I would bet on the sigange limiting parking to permit holders only.

 

That means there is no offer of a contract to non permit holders and the amount demanded is then designed to deter rather than an offer of terms.

 

that makes the demand an unlawful penalty and not a sum due as a contractual considerations.

 

In short, they lose

Edited by dx100uk
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Hi

I have looked at Ashstead Lock but I can't see any 'Way' on Google Streetview. Does this site include Birmingham City Council Licensing and CityServe? If so, I'm looking at the right place. There are signs at the entry at each entry and they state 'Pre authorised vehicles and permit holders only' I cannot clearly view the on site signs so it might help if you could supply us with pictures.

 

 

Euro Parking Services do take court action but there is no info on how many cases were won (by default or poor defence) and how many were lost They have issued around 7.5k tickets and taken court action on 56 occasions this year.

 

 

 

 

The facts are that Euro have stated the completely wrong place and you can state this as such if it went to court. As Euro is a member of the IPC, they don't follow PoFA and as such can't rely on keeper liability but they will try if it got that far. They assume the driver is also the keeper and sue on that basis except you have no obligation to tell them who was the driver. What I have seen these companies do is not use PoFA except when it suits them, usually at court.


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so POFA terminal fail as the poscode is a different address and the name Birmingham science park isnt a single place.

The poscode you quote ending 2AZ is not the same place so they have failed to identify the land in question.

 

Also the wording of the NTK isnt POFA compliant but they dont care as no-one will force them to change their ways.

Same goes with the abuse of the non ticketing system, it would be interesting to know who actually took the photographs as I would bet they arent an employee of Euro and thus should not process your personal data by passing it on to the parking bandits.

 

As alrady said, as the site is permit only they havent offerd you a contract to park so cnat claim for a breach of contract.

Stupidity and ignorance wont stop them chasing you though, greed trumps.

 

Ignore the parking co and please let us see some pictures of the signage in detail as I would bet there is more than 1 thinmg wrong with that as well.

Edited by dx100uk
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Had another letter yesterday - inviting me to pay a £100 fine as as the registered keeper I was now liable as I hadn't identified the driver.

 

Can upload if needed, but it's pretty similar to the other one - although it states the ticket was issued 2 days after.

 

Do you need an upload?

 

Hmm, only just seeing the response regsarding signage.

Let me get that for you.

Don't know why I didn't get an email

 

Does this site include Birmingham City Council Licensing and CityServe? If so, I'm looking at the right place.

 

Yes, definitely the correct place, we're above the licencing office!

 

 

There are signs at the entry at each entry and they state 'Pre authorised vehicles and permit holders only' I cannot clearly view the on site signs so it might help if you could supply us with pictures.

 

See above

IMG_20181029_122658.jpg

Edited by dx100uk
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where does it say FINE please

upload that letter.

 

dx


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Attached is the letter from yesterday.

 

Apologies for the wording of "Fine" that was my own comment - I don't believe that wording was used anywhere

 

Just as a note - realise I transposed a couple of lines in the address, it should be

 

Ashted Lock, Ashted Lock Way, Dartmouth Middleway, Birmingham, B7 4AZ"

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you don't believe. Why do you believe a speculative invoice by a private parking company can ever be a legal 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

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Because i didn't have the letter in front of me and I forgot the wording :)

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Interesting. On their reminder they say that there was a notice stuck on your windscreen.....................

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so operator pictures and vanishing windscreen ticket syndrome


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

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That letter has just shot themselves in the foot. As lookingforinfo has mentioned, the letter states that a notice to driver was affixed to the car. For that to be true, the NTK shouldn't have reached your doorstep until after 28 days have passed (29-56 days)

 

As the NTK arrived in a couple of days, the NTK is non compliant as is the fact that the keeper is unable to appeal as IPC members only accept appeals from drivers, not keepers.

 

Another thing to note and another string to your bow is that they breached your data by getting your details from the DVLA.

 

You couldn't make up just how bad that letter is!


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

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So, what should my action be from here? Continue to ignore?

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I would.

The only time to respond is if a Letter Before Action/Claim comes in the post


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

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Also, date of issue on the reminder is 2 days after the "offience" - is that yet another mistake?

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Letter Before Action

 

The link for this doesn't mention a Letter Before Action :(

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Yes ignore. Who knows their stupidity may give you more rope. Doubtless their unregulated debt collectors will write next threatening you with unwarranted demands for sums of money [£160 for example] which they just pluck out from the sky hoping that will scare you into paying something you never owed in the first place.

Later when they have heard nothing from you they will change their tune and send in their begging letters by reducing the amount they want. You've got to love them for their perseverance.

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