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    • Thanks DX,   I've already admitted that a default notice was served in 2010 by MBNA, so it seems I might be left hoping that they're unable to produce the original CCA.   I've never acknowledged Arrrow as the creditor and continue to pay MBNA.  Is that in my favour?   Cheers,   Richard.
    • or PCN's received through the post [ANPR camera capture]       please answer the following questions.       1 Date of the infringement  10/07/2019       2 Date on the NTK [this must have been received within 14 days from the 'offence' date]  12/07/19      3 Date received  13/07/19      4 Does the NTK mention schedule 4 of The Protections of Freedoms Act 2012? [Y/N?/    Yes      5 Is there any photographic evidence of the event?  yes      6 Have you appealed? [Y/N?] post up your appeal]  yes  Have you had a response? [Y/N?] post it up  yes      7 Who is the parking company?  Civil enforcement      8. Where exactly [carpark name and town]    10B QUEENS ROAD, CONSETT, DH8 0BH        For either option, does it say which appeals body they operate under. Yes      This is what I sent to CE appeal in my own words   Reason For Appeal: Firstly I had an appointment at that time with the dentist. My last visit 2 years ago the car park was free and was not aware of the new parking system. The sign at the front is very obscure especially turning right into the car park. Where I did park, the sign opposite was turned 90 degrees making it hard to see. The door at the surgery was wedged open when I entered not realizing there was a sign relating to the new system. I cannot remember if there was any signs inside the surgery but once in I always pick up a magazine to read until the dentist is ready to see me.    Below is CE  evidence to POPLA and  2 photos of my evidence. I have omitted other CE evidence as it includes personal and private details. I will upload POPLAS decision soon    CE to POPLA   ce to popla.pdf ce to popla 2.pdf ce to popla 3.pdf ce to popla 4.pdf ce to popla 5.pdf view approaching car park.pdf view from my parking bay.pdf   My statement and evidence to POPLA. in response to CE evidence highlighting main arguments.   18. We refer to the Appellant’s submissions that the signage was turned and difficult to see, however, we have attached an image plan dated 27/03/2019 which demonstrates there are many signs on the site which are readable and easy to see. The image submitted from the Appellant of a sign slightly turned is still readable and is not obscured. Furthermore, it highlights that the Appellant was aware of the signage on the site and failed to comply with the terms and conditions regardless.    19. The grace period was taken into consideration before issuing the Notice, and we have deemed this incident to have exceeded the allowed grace period.  Please note that whilst we do not advertise the grace period on signage, it is compliant with the guidance provided by the British Parking Association in their Code of Practice, which states that motorists should be allowed 10 minutes in which to decide if they are going to park or not.    20. Whilst we appreciate the Appellant’s submissions, we are unable to take into account mitigating circumstances; the terms and conditions of parking were clear. Furthermore, the Appellant failed to utilise the operator’s helpline phone number (displayed at the bottom of signage) to report the occurrence, or to request advice on what further action could be taken.    21. We refer you to paragraph 3-8 of our response (above) as well as the following statement made by the British Parking Association, which advises all motorists:    “Regardless of whether they park in private car parks, Council car parks or on-street, motorists should always park properly and always check any signage displayed to make sure they know and understand the rules that apply. This is especially so if they are visiting for the first time - in order to acquaint themselves with the prevailing Terms & Conditions for parking.”    Drivers have an obligation to check for signage when parking on private land – the signs do not need to be placed directly in the position where they parked, they      Horton House, Exchange Flags, Liverpool L2 3PF Tel: 0115 822 5020  Registered Office as above. Company Registered in England. Company Registration Number 05645677  Pa ge 7  simply must be placed throughout the site so that drivers are given the chance to read them (BPA Code of Practice, 18.3).    22. This Parking Charge Notice was issued under Schedule 4 of the Protection of Freedoms Act 2012.    23. The Appellant’s details were obtained from the DVLA on 10/07/2019 and the PCN was sent on 12/07/2019.  Par 18 . The image submitted from the Appellant of a sign slightly turned is still readable and is not obscured...….. Me Not from where I was parked. A photo from the bay shows a pole with the sign facing away.  Par 18 . Furthermore, it highlights that the Appellant was aware of the signage on the site and failed to comply with the terms and conditions regardless.......  Me I treat this paragraph with contempt. There is nothing to "highlight" here as I maintain I did not see any signage; Regardless ? I could have legally parked right outside the Surgery as there were spaces at the time but having "regard" for disabled and elderly, parked further away having to cross a busy road to the Surgery. Par 20....,. Furthermore, the Appellant failed to utilise the operator’s helpline phone number,,, (displayed at the bottom of signage) to report the occurrence, or to request advice on what further action could be taken.... Me How could I have done this ? I only realized there were signs there when the PCN arrived. Summary. I stand by statements and maintain that I did not see any signage entering or leaving the car park. The main sign at the entrance is too small and easily missed when you have to turn right though busy traffic and once through carefully avoid pedestrians, some walking their dogs. The main sign is blank at the back. When you leave the car park I would have noticed the private parking rules if the writing was on both sides. Roadworks signs close to the parking sign at the time did not help either. [see photo] CE evidence is flawed, illegal and contemptuous. Photos submitted are from months ago, Today I have driven into the car park and noticed the same signs turned 90 degrees including the one opposite my bay. CE have done nothing to rectify this disregarding my evidence and the maintenance of the car park. Showing number plates is a total disregard to patients privacy and I object to these photos being allowed as evidence on the grounds that they may be illegal.            POPLAS assessment and decision....unsuccessful   Assessor summary of operator case The operator states that the appellant’s vehicle was parked on site without a permit. It has issued a parking charge notice (PCN) for £100 as a result. Assessor summary of your case The appellant states that he parked on site to attend a dental appointment. He states that the terms of the site had changed since the last time he parked two years ago. He states that signage at the entrance to and throughout the site did not make the terms clear. The appellant has provided various photographs taken on and around the site. Assessor supporting rational for decision The appellant accepts that he was the driver of the vehicle on the date in question. I will therefore consider his liability for the charge as the driver. The operator has provided photographs of the appellant’s vehicle taken by its automatic number plate recognition (ANPR) cameras. These photographs show the vehicle entering the site at 14:17 and leaving the site at 15:13. It is clear that the vehicle remained on site for a period of 56 minutes. Both the appellant and operator have provided photographs of the signs installed on the site. The operator has also provided a site map showing where on site each sign is located. Having reviewed all of the evidence, I am satisfied that signage at the entrance to the site clearly states: “Permit Holders Only … See car park signs for terms and conditions”. Signs within the site itself clearly state: “DENTAL PRACTICE PERMIT HOLDERS ONLY … ALL PATIENTS AND VISITORS MUST REGISTER FOR A PERMIT AT THE PRACTICE RECEPTION ... IF YOU BREACH ANY OF THESE TERMS YOU WILL BE CHARGED £100.” The signs make the terms of parking on the site clear, are placed in such a way that a motorist would see the signs when parking and are in line with the British Parking Association (BPA) Code of Practice. The operator has provided evidence to show that a search for the appellant’s vehicle has been carried out against the list of vehicles for which a valid permit was held on the date in question. The appellant’s vehicle does not appear on this list. The appellant states that he parked on site to attend a dental appointment. I accept that this may have been the case, however I do not accept that this entitled the appellant to park on site outside of the terms. The appellant states that the terms of the site had changed since the last time he parked two years ago. The operator’s photographs of the signage on site are dated 27 March 2019. It is clear based on these photographs that the terms had been in place for at least three months by the time the appellant parked, which I am satisfied was a reasonable period for any regular user of the site to adapt to any change to the terms. The appellant states that signage at the entrance to and throughout the site did not make the terms clear. He has provided various photographs taken on and around the site. As detailed above, I am satisfied based on the evidence as a whole that signage made the terms sufficiently clear. I am satisfied from the evidence that the terms of the site were made clear and that the appellant breached the terms by parking without registering for a permit. I am therefore satisfied that the PCN was issued correctly and I must refuse this appeal.  
    • Hi MIE   I have prepared for the fact that I might not win, although I would very much like to but has been factored into my plans to deal with my current debt and helping to reduce it.    In in regards to documentation....I have been asking for specific information, which they have refused to provide me with since 2013 and not just since I received the claim.    I’ve not received any documents or a response to my SAR.    Particulars of claim in #5.    Defence below (I know it’s not the best, but it’s all I could come up with).   DEFENCE   1. The Defendant received the claim xxxxxxxx from the Northampton County Court Business Centre on 10/08/2019.   2. Each and every allegation in the Claimants statement of case is denied unless specifically admitted in this Defence.   3. This claim relates to an alleged salary overpayment.   4. It is admitted that the Defendant was employed by the Claimant from 02/02/2009 until 31/08/2011.   5. It is admitted that the Defendant has made a payment of £465 to the Claimant.   6. It is denied that the Defendant owes this whole amount as the Claimant has not provided the information and documents requested.   8. The Defendant is unable identify through financial records that amounts were received as alleged.   9. The Claimant has failed to provide bank account details of where payments were made despite being requested to provide this information.   7. The Claimants particulars of the claim fails to give adequate information to enable me to properly assess my position with regards the claim.   8. The Defendant contends that the Claimant is a public body that is requesting interest on a debt that is alleged to have been incurred as a result of a salary overpayment and not a credit agreement.   9. The Defendant contends that the Claimant is requesting interest from a date that is Statute Barred.   10. On the 12/08/2019 the Defendant sent a request for inspection of documents mentioned in the claimant’s statement of case under Civil Procedure Rule 31.14 to Claimant’s Solicitor].   11. Claimant’s Solicitor has not sent any of these documents to the Defendant.   12. The Defendant has asked the Claimant Solicitor if we may agree to extend the time period allowed for filing of the defence pending receipt of documents (as allowed under CPR 15.5), but no response has been received.   13. Under Civil Procedure Rule 16.5 (4) Where the claim includes a money claim, a defendant shall be taken to require that any allegation relating to the amount of money claimed be proved unless he expressly admits the allegation. Therefore, it is expected that the Claimant be required to prove the allegation that the money is owed as claimed.   14. The Defendant respectfully requests the court orders the Claimants to provide the necessary documentation in order for The Defendant to fully plead her case else the Claim should stand struck out.   15. In the event that the relevant documents are received from the Claimant, the Defendant will then be in a position to amend her defence, and would ask that the Claimants bear the costs of the amendment.   16. It is denied that the Claimant is entitled to the relief as claimed or at all.   Statement of Truth The Defendant believes that the facts stated in this Defence are true.
    • Thread moved to Debt Collection Agencies Forum.   Andy
    • We will also need a copy of the defence you submitted.I would advocate sending a CCA Request also...unless you legally request it they cant be in default.   Andy
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Skydiver2711

Received TfL letter for using sister's travel pass

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I have been contacted by TFL for using my sisters card.

How do I start a new thread to get help.

 

I had apologised to TFL for using my sisters travel pass with my photo card.

They have wrote me another letter saying it can’t be an error.

 

I rang them up to see if there were any chances to settle this out of court.

To which they replied they do not settle out of court.

I really don’t want a criminal record for my mistake.

I am looking forward to this forum to help me.

 

I said to TFL, that I picked it up while hurrying for work.

It was a staff discount card.

It is not age related.

 

I wrote a letter apologising and will to pay fines and administrative costs.

Edited by dx100uk
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Thank you for the extra information. My reply to you seems to have gone walkabout but you've answered my questions.

 

TfL don't like this sort of thing, they don't understand [and I don't really] how you can pick up a card that doesn't look like your own, if you have one, and then use it with the wrong photo ID.

 

Have you had a court summons so far?

 

We have a couple of other similar threads here but I don't think they've been resolved yet. It's worth having a read around the forum.

 

HB


Illegitimi non carborundum

 

 

 

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I do not have a court summons yet.

They have written to me that they are still deciding.

 

My sisters monthly pass was left on the table ( it did not have her picture but just a small photo ID number).

I mistakenly took it thinking it’s mine only looking until when it was valid.

 

How do I explain this to TFL?

I regret not being more aware.

Edited by dx100uk
spacing

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I don't know how to explain it, maybe someone else will. We see this story all the time and it's amazing the coincidences that happen when there's a full-priced card and a discount card. From what TfL have said to you, it seems they've heard the same thing a lot.

 

You can keep talking to them up to and including any court day to try to resolve this.

 

HB


Illegitimi non carborundum

 

 

 

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Thanks for your advice. Are there any chances of settling this out of court?

 

what other form of apology would they accept? Should I write to them again?

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Thanks for your advice. Are there any chances of settling this out of court?

 

what other form of apology would they accept? Should I write to them again?

 

We have too little detail to be able to fully advise.

 

What really happened?

What colour wallets were the card (s) in?. If not their original wallets, why not?

 

Bear in mind CAG has heard all sorts of stories of how someone 'accidentally' used the wrong pass. Some seem more plausible than others.

TfL will have heard as many, and more. How do you intend to persuade them yours has the ring of truth (starting with the whole, unvarnished truth is a good starting point ....)

 

Do you think you might accidentally have used the wrong pass more than once?.

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I did not use the pass before.

I did ask my sister why her pass was lying on the table and not in her photocard holder.

She said that she had spilled coffee on her photocard holder and removed the travel pass and kept it on the table.

 

Is it worth explaining this to TFL or just saying that I used my sisters card?

Edited by dx100uk
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I did not use the pass before. I did ask my sister why her pass was lying on the table and not in her photocard holder. She said that she had spilled coffee on her photocard holder and removed the travel pass and kept it on the table.

 

If you picked up your sister's staff pass, not in a wallet:

a) why wasn't your pass in a wallet?

b) what colour is your pass? and hers?.

 

Was hers like:

http://i.imgur.com/aSReD.jpg

 

 

 

Was it really a mistake?. If it was, be prepared to explain it in detail, as TfL hear "it was a mistake" all the time.

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I did not have a valid pass for that month. Both mine and my sisters monthly passes would be similar.

 

They are not blue, but orange with an expiry date in bold in the centre.

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so you only used it once.

was this by design..you meant to do it, or just a mistake upon your behalf?

 

thread tidied too.


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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So you're saying that you only used your sister's pass once, but that you took it knowing that you didn't have your own pass that month? That doesn't look great.

 

Remember that TfL can check journeys on the card going back about 8 weeks.

 

HB


Illegitimi non carborundum

 

 

 

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This was my mistake. I did not realise I did not buy a pass for that month.

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This was my mistake. I did not realise I did not buy a pass for that month.

 

So, not only did you mistake your Sister’s staff pass for your pass, you forgot you hadn’t bought a pass that month.

 

I can’t see TfL being convinced this was an honest mistake.

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Will it be better if I say I did it on purpose? But if I did, it would mean that I lied in my first letter

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What did you say in your letter please?

 

HB


Illegitimi non carborundum

 

 

 

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Will it be better if I say I did it on purpose? But if I did, it would mean that I lied in my first letter

 

I don’t know, what is the truth??

The problem with lying is remembering who you have told what. The advantage of the truth : only one version to remember!

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I received a letter from TFL stating that I was reported for failing to provide a valid ticket, pass or photo-card on a TFL journey. I write this letter to explain my version of events.

 

I took my sisters monthly pass in a haste while leaving my house. When asked to show my valid ticket for the journey, I showed the pass and the inspector pointed out it was not my pass. I realised my mistake and he withdrew both and took my interview under caution.

 

I would like to apologise to the TFL team and I am willing to pay any fines, or the charges due to extra administration work TFL had to go thorough because of my mistake. Hoping that TFL would to solve the matter out of court.

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if that's all you sent IMHO its a bit bare and you seriously need to come clean, unless you honestly thought yours was still valid and picked hers up thinking it was your valid card?

 

but if you really knew yours was empty and took hers par chance you didn't get caught and did...

its sort of in a way going in your favour, as you knew you'd be caught and did...

 

pers I think you need to send another, more frank and honest begging letter like the ones we have here..

if yours was only what is above, it doesn't address their pondering that it wasn't a mistake.

 

might be better if you scan yup their reply to PDF please

read upload.


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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I agree with dx. To have any chance of TfL settling this, in addition to what dx says, you need to show genuine remorse and tell them what impact a conviction would have on your career or future career. And you need to promise you'll never, ever do this again.

 

HB


Illegitimi non carborundum

 

 

 

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I dont have the reply from me right now, but I will upload it here when I get it.

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Their reply basically said 'I should have had the photo ID if I was using the pass and they do not consider this a mistake'.

Edited by Skydiver2711

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Thank you. But the best way for us to advise it to see a pdf of the actual letter minus any of your personal details.

 

HB


Illegitimi non carborundum

 

 

 

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