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    • Hi, I bought a car from Citroen dealer 'Robins and Day' on 21/06/2019, it was C4 grand piccasso 2016 with only 4400 miles on the dashboard. The caar started giving trouble every morning showing "gearbox fault, repair needed'. Its only started happening in the morning when weather satrted getting cloder. When I switch on the engine in the morning it is fine but as soon as I start reversing the car  then gearrrbox gets stuck on reverse gear which locks everything, unable to switch on or push the car back to a parking position to keep the road clear. Last thuursday morrning gearbox got stuck while reversing infront of a school, it was verry stressful be causing one mile of traffic.   Got the car recovered by RAC and taken to the dealer, diagonosis was booked for Friday the 18th october 7:30 am but they were not giving me any update until today afternoon that actuator may be broken. They now want to get authorisation from the extended warranty department of their headoffice, said once parts is ordered it will take upto 3 to 4 days.   I am a cab driver and I have already lost 7 days and I assume they are going to take another 5 days, in total around 2 weeks. They are taking too long because I have compait to ther headoffifor ruude and unproffessional service.   Can I claim my loss of earnings against this dealer?   Should I start the process to reject the car now as it is still within 6 months from the date of purchase?   I have been to the same dealer twice for other fault like dashboard touch screen getting stuck , also front and rear window heater geting activated even if I  dont touch the buttons. 2nd issues was car was making noise, they told me it was a bracket broken at the front pannel of the car due to someone hit the car ( it was someone hit the car in the parking lot, and brrren the front ffog light's trim) which they charge 200 ponds for replaciing the bracket, but problems still there.   I will appreciate foryour kind advice. Thanks in advance.      
    • Go on holiday with it Dump the iva (it should be ended by now anyway max duration is 5yrs!!)   Whos it with?? Sounds like youve been had blind!!   Get a list of the debts up Send everyone a CCA request!   Bet 90% you dont even owe
    • Yes no problem remember to do a witness statement for your partner or anyone else that was there if you intend to rely on their evidence or wish them to be able to speak at a hearing  will be posted within the hour cheers
    • Hi DX100uk   Thanks for your message and also that you remembered my issues   I am still in iva but not paid them for 3 months.   After my redundancy in Mar I had to pay them 18.5k and thought I was close to ffs but they advised that due to redundancy payment treated as windfall (lol) they were changing the due amount from 81% to 100%   I did find another job after 6 weeks but am on probation for 6 months but its not going well as I am stressed from iva and new job.   The doctor has signed me off for 2 weeks with anxiety & referred me to a councillor, also written a letter for me to fwd to iva asking they allow me to settle early.   So far my original debts were 74k but proven debt was 61.5k    With my payments to date (including redundancy) I have paid in 54k and my girlfriends family are so worried about me they are offering 11k as gift for ffs   Payplan were going to terminate my iva and said it could well result in bankruptcy ( I have a flat with a mortgage) but equity of about 80k which I am worried they will go after   I spoke to pp today telling them how stressful this all was and it may well be that I don't pass my probation ( I am 59 btw so was lucky to find a job so quickly) Sorry to burden you with all this but I always respect your advice and knowledge, and PP have worried me by going for the 100% and bankruptcy warning   Thanks in advance 
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joannes

Britania/BW claimform ANPR PCN - Chelmsford, Essex, Army and Navy Car park CM2 7PU

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Morning All,

 

I wonder if you could offer me some help please.

 

As vehicle's registered keeper, I've received a letter of claim from BW Legal and understand from reading previous posts that this does need to be responded to.

I've ignored all previous correspondence from Brittania, DRP and Zenith because my understanding was that the NTK needed to arrives by the 15th day following the alleged contravention (it actually arrived on the 24th day!)

 

i have kept copies of all previous correspondence sent.

 

Any advice on how to respond to them would be really appreciated.

 

1 Date of the infringement 5th April 2016

 

2 Date on the NTK [this must have been received within 14 days from the 'offence' date] 27th April 2016

 

3 Date received 29th April 2016

 

4 Does the NTK mention schedule 4 of The Protections of Freedoms Act 2012? [y/n?] NO

 

5 Is there any photographic evidence of the event? YES registration details with small date/ time stamp at top of image

 

6 Have you appealed? {y/n?] post up your appeal] No

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

 

7 Who is the parking company Brittania

 

8. Where exactly [carpark name and town] Chelmsford, Essex, Army and Navy Car park CM2 7PU

 

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

 

Thanks, Jo

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A simple but rude letter should be sent so somehting on the line of

" dear sirs, I am in receipt of your threatagram dated the xxth of dec and have laughed at its contents. As I was not the driver at the tiem and the original NTK arrived 10 days too late to create a keeper liability I ask that you tell your clients they can **** off and stop wasting my time. If they know who was driving at the time then you should be bothering them instead. Could you also remind them that thye are in breach of the KADOE contract with the DVLA and are thus breaching the GDPR and I am entitled to seek remedy for the misuse of my personal data. That will happen if they are dumb enough to employ the parking world's second worst solicitors to try their luck in court so tell them I dont expect to hear anything further".

 

Now that might not be the end of the matter so if you cna get soem pictures of the sigange at the place your car was parked including the actual entarnce to the land from the public highway whetehr there are signs or not that would be helpful. When a parking co gets one thing wrong they usually get others wrong as well

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was this anpr or windscreen ticket?


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it was an ANPR capture, with 4 images of vehicle on the rear of original PCN

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the send the letter suggested and see what happens. If they dont skulk off them you can use this letter as proof that you tried to deal with the matter before it went to court

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Just a quick question, as I'm about to send the letter off to BW Legal, shall i sign it ( i've read on a few posts the suggestion that you just print your name) and would you also send a copy to Brittania Parking as well?

 

Thanks for the great advice you give here, it's really appreciated.

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Not sure about the signature, wait for the experts to pop on.

 

Certainly send a copy to Britannia Parking - unscrupulous solicitors love to rip off not only the motorist but also their own clients by egging them on to court even when they'll lose.

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no just type your name


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

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One of the reasons for not signing any documents going to these lowlife bandits is that they are not above scanning and manipulating it onto other documents. Yes they are that bad.:-x


My time as a Police Officer and subsequently time working within the Motor Trade gives me certain insights into the problems that consumers may encounter.

I have no legal qualifications.

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I sent letters off as per post 3 to both Brittania and Law firm (loose definition i know!) and received a response from BW legal citing Combined Parking Solutions V AJH Films and from Brittania saying they are not in breach of Kadoe as they have not implied keeper liability on the original PCN and are relying on the implied contract with the driver prior to PFA 2012, which means they have until the 35th day to provide notice of this.

 

I have now received a County Court Form to complete.

 

I am now a bit confused on how to respond.

 

A couple of questions, I have photograph taken from the site 4 months after alleged contravention (Aug 16) showing signage detailing that a parking charge of £70 may be charged, whereas the original PCN / NTK says an £85 charge is due, is this an example of them unilaterally moving the gate posts again?

 

Any further advise would be greatly appreciated.

 

Thanks Jo

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

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

 

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Name of the Claimant BRITTANIA PARKING

claimants Solicitors: BW LEGAL

 

Date of issue – 13TH FEB 2019

 

Date to acknowledge) = 3RD MARCH

 

date to submit defence = 15TH MARCH

 

 

What is the claim for

 

1.THE CLAIMANTS CLAIM IS FOR THE SUM OF £85.00 BEING MONIES DUE FROM THE CLAIMANT IN RESPECT OF A PCN ISSUED 05/04/2016 AT 2124 AT CHELMSFORD ARMY AND NAVY ANPR. THE PCN RELATES TO vehicle details included.

 

2.THE TERMS OF THE PCN ALLOWED THE DEFENDANT 28 DAYS FROM THE ISSUE DATE TO PAY THE PCN BUT THE DEFENDANT HAS FAILED TO DO SO.

 

3.DESPITE DEMAND HAVING BEEN MADE THE DEFENDANT HAS FAILED TO SETTLE THEIR LIABILITY.

 

THE CLAIM INCLUDES STATUTORY INTEREST PURSUANT TO SECTION 69 OF THE COUNTY COURTS ACT 1984 AT A RATE OF 8% PER ANNUM A DAILY RATE OF 0.02 FROM 5/4/16 TO 12/02/19 BEING A TOTAL AMOUNT OF £20.88.

THE CLAIMANT ALSO CLAIMS £60.00 CONTRACTUAL COSTS PURSUANT TO PCN TERMS AND CONDITIONS.

 

What is the value of the claim? £240.88

 

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 ? PRIVATE PARKING COMPANY

 

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

 

------------------------------------------------------------------------------------------------------------------------------------------------

Edited by dx100uk
format

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pop up on the MCOL website detailed on the claimform.

.

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 thru to the end

confirm and exit MCOL.

.

 

get a CPR 31:14 request running to the solicitors [if one is not listed send to the claimant]

.https://www.consumeractiongroup.co.uk/forum/showthread.php?486334-CPR-31-14-Request-to-use-on-receipt-of-a-PPC-(-Private-Land-Parking-Court-Claim)(1-Viewing)-nbsp

 

type your name ONLY

 

no need to sign anything

.

you DO NOT await the return of paperwork.

you MUST file a defence regardless by day 33 from the date on the claimform [1 in the count]


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

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The court case they refer to is a commercial vehicle so not applicable law and they know it.

 

the change of signs may be because they have been told what maximum to charge by the landowner or it may be a new company has taken over the site. Doesnt change anything for you UNLESS you can show LL had instructed them beforehand to alter things

As for the contractual costs that only applies to the DRIVER and not the keeper so it looks as though they are not claiming any keeper liability via the POFA ( and hence the AJH Films twaddle). this menas that part of the claim is easy to knock back and they do themselves no good by saying it is part of the terms that were only notified to you via the PCN so not a contractual condition as far as the originasl contract goes. as we know it is just a made up unicorn food tax it is easy to see why they arent that clear on the true terms as they really want you to pay up without the matter going to court because they cnat make any money if it gets that far, even if they win as they will just about cover their costs and will have wasted a lot of money and time getting that far.

 

so what you need to do for now is acknowledge the claim within a fortnight of its issue and then you ahve another fortnight to put an outline of your defence in. you should also sned a CPR 31.14 request for documents to BWL to ask for sight of the contract between the landowner and Britannia that assigns the right to enter into contracts with the public and to make civil claims in their own name. Also ask for a copy of the original Notice to Driver ( as they refer to it for their £60 add-on), the Notice to Keeper and for proof of the planning permission granted that allows the siting of their signs and equipment. Give them 14 days to comply.

 

they wont do this so after that time has expired you can use that in your defence and say you dont believe they have the authority as they failed to produce it. this is one of the reasons you need to ack the service of the claim and get the CPR letter out now so you have time to include the rubbishing of them in your defence.

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best way of dealing with this is to use the moneyclaim online portal, easy to do and makes it a good way of watching the progress of the claim as deadlines ahve to be reached before they can continue on to the next bit and you can jump on them if they fail to do it nicely

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post 15 details what to do


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 

 

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as you know, there is no keeper liability and they dont claim to create one so that menas they should state why they are suing you as they dont say in what capacity.

Not at all surprising as BWL are the parking worlds second worst solicitors and tend to copy the shoddy output of the worst ones. now that will be enough to beat their claim if the judge is in a bad mood but best use other points as well but do use this adn try to get a CMO that forces them to say why they are going after you and also answer the questions about their rights to use the civil procedures in the first place ( hence the CPR 31.14 request) many cases crumble because they cnat show they ahve authority and would rather drop a claim than ahve it shown in court they are just crooks

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