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    • Ahh, discussion thread. Thank whoever. Forgotten what the points were  now, I will read and get back later.
    • I have completed answers as noted above.   Name of the Claimant ?  IDEM Capital Securities Limited Date of issue – 12 Nov 2019   What is the claim for – the reason they have issued the claim? a)      A credit card agreement made between MBNA Europe Bank Limited and the cardholder b)     Claimant purchased the balance on the account on xx/2016 c)      Cardholder accrued balance £5500 d)     Cardholder defaulted on payments e)      Claimant issued formal demand requesting payment on xx/2019 f)       Amount now due £ 5500 Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC ( Pre Action Protocol) ?  Yes Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? No Did you inform the claimant of your change of address? n/a What is the total value of the claim? £6000 (now including fees) Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account?  Credit Card Do you recall how you entered into the agreement...On line /In branch/By post ? By post When did you enter into the original agreement before or after April 2007 ? July 1995 Is the debt showing on your credit reference files (Experian/ Equifax /Etc...) ? Yes 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 Were you aware the account had been assigned – did you receive a Notice of Assignment?  Yes Did you receive a Default Notice from the original creditor?  Yes -though I am unable to find a copy Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ?  Unsure Why did you cease payments? Advised to as there was no enforceable CCA What was the date of your last payment? Feb 2019 Was there a dispute with the original creditor that remains unresolved?  Unsure Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan?  Originally informed MBNA that we were in difficulty and arranged a payment plan with them, they later sold the debt to Britannia Sarl (?) and we continued with the same payments, this was then sold to Moorcroft and we again continued the same payments. At some point later we contacted Moorcroft to advise our circumstances had changed and we offered a lower payment.  We were asked for income and expenses which we didn’t provide as we had contacted a debt help organisation who helped us work out what we could afford, however we did receive a letter on another debt at the same time accepting a lower payment (the circumstances were exactly the same – MBNA debt, sold to Britannia, sold onto Moorcroft) We continued with the lower payments.  In the last year we discovered that all our other debts were no longer showing on our credit files but this one was showing as continual defaults month on month. We contacted IDEM to ask why and they said the previous DCA hadn’t agreed to the lower payment and therefore we were continuing to default. At this point I sought advice from CAG and they advised me to ask for the CCA. I received a photocopy of the original application form and a page of Terms and Conditions that I was advised by CAG were not a CCA and I should stop paying.   I further received a pre-action protocol which I completed and returned and in response I received a notice of assignment, account statement and default notice  as I had requested, but they ignored the fact that I said they had provided an unenforceable CCA.
    • Just to update no reply from Marston regarding letter no further visit as yet.    
    • said that many times already.   time to move on me thinks   dx
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robod

UKCPS ANPR PCN - Bristol Abbeywood

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Hi this is myfirst post

This is a verysimilar situation to another on this site from mechsman on 4/10/17 so I assume a lot ofthe advice there will apply to me.

 

I have not received a Notice to Keeper and this notification letter(attached) is the first I have heard of it.

Details in redas per other posts:

 

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

please answerthe following questions.

 

1 Date of theinfringement >Allegedly22 December 2018

 

2 Date on theNTK [this must have been received within 14 days from the 'offence' date] > No NTK received; this is thenotification letter and dated 28 January 2019

 

3 Date received >29January 2019

 

4 Does the NTKmention schedule 4 of The Protections of Freedoms Act 2012? [y/n?] >Yes

 

5 Is there any photographic evidence of the event? >None provided or mentioned, butI'm assuming they must have entry/exit pictures from ANPR?

 

6 Have youappealed? {y/n?] post up you appeal] >No

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

 

7 Who is theparking company? >UKCPS

 

8. Where exactly[carpark name and town] Bristol Abbeywood

 

For eitheroption, does it say which appeals body they operate under. >

It says there is no chance toappeal as it is beyond the 21 day period.

I never received the NTK they claimwas sent. It mentions the IPC under complaints section.

 

There are twoofficial bodies, the BPA and the IAS. If you are unsure, >please check HERE

If you havereceived any other correspondence, please mention it here: None

 

I am minded towrite and complain that I have not had the original NTK so:

 

  • hadno chance to pay at a reduced amount.
  • Donot know the time of entry so unsure if/how long the time period was exceeded
  • Wasnot the driver (my wife was)

 

They are sayingpayment is due 14 days of this notice, so 11 February which doesn't give memuch time to talk to them (no email address so only phone or letter).

The previousexample with this company advice was do not respond and they will give up. Thisseems to have been the case and he had stopped getting letters 7 months lateralthough no further updates since to know whether this is still the case.

I would appreciate advice on what to do please.

Many thanks.

 

Apologises for the font/spacing. I tried posting a couple of times and it got rejected so I copied a post in from Word rather than type all again and the formatting has gone astray.

UKCPS 28Jan2019 redacted_Redacted.pdf

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If thats the first letter and they havent sent the NTK to you ( providing you havent changed address etc) then theyre out of luck and cant touch you. Theyll rely on you naming the driver so you lose cover under pofa.

 

Also ukcps always mess up. As you can clearly see.


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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Thanks for that.

 

I guess it is possible the Royal Mail failed to deliver as it would have been in the Christmas buildup but I am certain we never received anything. You would think that they would send the NTK recorded delivery if they were serious about things.

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How much are they saying you overstayed by?


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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How much are they saying you overstayed by?

 

I don't know as the Notice only has the exit time. Presumably the NTK would have given the entry time and photos but of course I haven't had that.

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It's a bit of a dogs breakfast the notice.

 

In the Notice it states that they are using 7 [2]a, b c, etc which relates to a Notice to Driver which would have been placed on the windscreen.

They then go on to say that they are now writing to you after the 28 days are up so this should be the Notice to Keeper and not a Notification letter.

 

This would imply that they had already sent an NTK so now it is a ANPR capture.

But the timing is wrong.

 

22nd December plus 14 days would be at least the 5th January and that's being kind to them.

Then a further 28 days after that would be 3rd February at the earliest.

 

Totally ignore them.

Erics brother might suggest writing to the DVLA to ask about when UKPC asked for your info but otherwise sit on your hands knowing you are afe from whatever they throw at you.

Edited by dx100uk
spacing

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Now this is a new version of the IPC's "this isnt a parking ticket" slapped on a vehicle where they then send out an NTK approximately within the time frame for ANPR capture.

 

Now as the wording of the POFA is a bit fuzzy being solicitors the IPC have jumped on this as a way of not spending money and trying to confuse the motorist as to what liability is being claimed and from whom.

 

Now if you asked for clarification of what they mean I'm sure that wil be read as admitting liability of some sort but if the 14 days for s9 of the POFA counts then they have sent this 28 day letter out too soon

 

so

it is either

 

a badly drafted NTK

or

 

it is just a rubbish reminder of some other letter that doesnt exist.

 

What is certain though is that no keeper liability has been created by this and the use of the wording "beyond a stipulated time limit" is incomprehensible as far as a cause for action goes. they cant expect this statement to be taken seriously as either a contractual clause or a breach.

Also they use the standard blurb you would expect on a NTK.

 

Also a lack of photographic evidence meanss they must have at least claimed to send out a proper NTK back in Dec but as they are the most crooked parking co you cant depend on it

 

I would let this run and see what else they come up with for the moment but if possible ghet some pictures of the sigange at the site and any camera system there

Edited by dx100uk
spacing

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Thanks for the reply. It is reassuring to hear how dodgy they all are.

 

The signs on site are pretty small and you cannot read them from your car. There are plenty dotted around the site and luckily Google has Streetviewed the whole car park!

 

I went back and took a photo of one of the signs. They all seem to be the same, but I didn't get a picture of the cameras as I had not seen your post unfortunately.

 

 

I don't think I can use hyperlinks yet so will put together another post with all the positions of signs and cameras.

 

Thank you.

Abbeywood car park sign.jpg

Edited by dx100uk
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I was hoping to load photos inline so I could comment on each but it is not letting me so have had to upload as a PDF. I will reference my comments by page number.

 

Page 1 - This is the only camera I can see, mounted on a post on the nearside as you enter the car park (note comments on page 6 about previous camera/sign arrangement).

 

Page 2 - As you enter there is only one small sign on the offside of the main access road. Whilst it does have a blue "P" it doesn't really draw your attention to the fact that this is a time restricted/camera monitored car park

 

Page 3 - When you turn left into the car park, there are 3 signs on consecutive lamp columns. The fact that you never walk in front of them and cannot read them from your car may be a factor.

 

Page 4 - The aisle between the end of parking rows and the shops has 2 signs along it so it is entirely possible to walk from a parking space to the shops without passing a sign.

 

Page 5 - The other end only has one sign between the bays and the shops.

 

Page 6 - Going back in time on Google, they used to have different cameras and a nice sign highlighting that this was a time restricted car park, prominently pointing out that they had collected your number plate and telling you when you had to leave by. Presumably this either led to too many motorists complying and therefore a lack of income, or GDPR said that displaying the number plate was invading privacy(?!!)

Abbeywood Bristol - car park signs and camera.pdf

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now to me the bif clock telling you that your 4 hours free parking tells you waht you ned to know about aprking there. I doednt offer any method of paying for staying beyound that time and it doesnt say that you are subject to furhte conditions whe parking so that is the contract and the signage nothing or the clock offers an invitation to treat and you dont have to consider the other signs as they are up for negotiation ( read about invitation to treat)

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I have now received a 'Reminder Letter' and the cost has gone up to £130 (see attached).

 

The previous letter of 28/1/19 stated payment of £100 due within 14 days which would have been by 11/2/19.

 

This reminder has been issued on 12/2/19 and they are giving me another 14 days which takes it to 26/2/19. "Failure to pay this charge may result in enforcement action which could include County Court proceedings and which may incur additional costs'.

 

They also mention in Appeals, that a Notice to Keeper was sent (it wasn't) and my right of appeal has ended.

 

I assume it is best just to sit tight and see what happens next? No point in appealing or any other form of challenge?

 

Thanks

 

Rob.

UKCPS Reminder 12Feb2019_Redacted.pdf

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Correct. Just sit tight. They know they cant add anything on.

 

And for it to go to court involves a lengthy procedure which you can nip in the bud fast if they start 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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they know they are ij the wrong by not sending out the NTK in the first place and you have evidence that this is not an isolated case. let them do their worst regarding adding unicorn food tax to the imaginary bill and wasting money on getting a useless dca to bother you as it makes no difference to the final outcome.

 

now keep an eye on other threads about the same site and even the same parking co to look for similarities as they will apply to your case.

 

You cant appeal anyway and that is why they didnt send out the NTK so you cnat waste their time and money by appealing.

Edited by honeybee13
Paras, typos

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I have just received a letter from Debt Recovery Plus Ltd dated 28/2/19.

They have upped the parking charge to £160 and say that I am liable for it. As no NTK was issued and I have not responded to say who was driving can they do that?

They also quote a Supreme Court case that upheld private parking charges. www.supremecourt.uk/cases/uksc-2015-0116.html - I have had a look but it is very long and technical and I cannot spot any salient points that would indicate whether this was similar.

Copy of the letter here:

DRP - 280219 redact.pdf

They say I have until 14/3/19 to pay or they will 'recommend to our client that they take court action against you'.

Any advice appreciated.

Thanks.

 

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Hi.

Don't do anything until one of the experts replies please. DRP normally turn up at the end of the process and have no power over you at all. £160 is the standard amount that these people inflate the 'charge' to, they can't do that.

HB


Illegitimi non carborundum

 

 

 

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you NEVER engage with DR+ or any other debt collection agency. that is made clear on every post in the parking forum and in the debt advice ones as well. tyhe4y have no interest in this and can do diddly squat, either good or bad. tyhey get paid to write letters and hope you are dumb enoigh to think they are the same as bailiffs and then pay them. ak yourself when di you sign a credit agreement with them? Look at the list of licenced credit brokers and you wont find them so they cant handle money on anyone's behalf anyway and that meas if you pay them and they dont pay the parking co you still owe the money, not them.

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Next letter received. Another one from DRP (Debt Recovery Plus Ltd) threatening 'intended court action' and again referring to a Supreme Court ruling in November 2015.

 

Next deadline is 03/04/2019.

 

WIll wait and see what comes next! 

DRP 20Mar19_Redacted.pdf

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Ignore them.

The supreme ruling has absolutely nothing to do with your issue, and they know it doesnt.


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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take time to read up on how this curcus rolls on, you know by now that the dca has no locus or agency so they cant do anything other then write the letters they are paid to send out. The bill of £160 is ficticious as well, but all of the IPC members add this to the amount they demand because 85% of people pay it and out ofthose who dont the majority just bury their heads in the sand rather than doing as you have done and take advice on what is what so the cowboys make money by acting unlawfully.

Let us know when you get the next missive and file these away with all of your other stuff as you can use it to bite them back. The disappearing ticket/first letter will be produced but by showing every bit of correspondence you can convince a judge that you didnt receive it and  thsi company has previous form for behaving like this

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Latest letter from DRP just arrived. They are "kindly" offering me a discount if I pay up now before their client 'considers taking legal action'...

 

I have until 18/4/19 to consider, so await the next letter with interest!

 

 

DRP 04Apr19_Redacted.pdf

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well if they send you another letter then they are doing so out of the kindness of their own hearts as they only get paid to send 3. Note they still want some money for unicorn food, this is what gives it away that their demands are just made up rubbish.

I suspect the next step will be Gladstones or one of the other dead in the water solicitors will write and the bill will go back up to £160

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Not a bad guess!

 

This time it is Zenith Collections - with a deadline of 07 May to pay before they 'consider taking legal action'.

 

Zenith 23Apr19_Redacted.pdf

  • Haha 1

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a dca cant take legal action..they don't own the debt


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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they will recommend their friends take legal action.

I recommend you use DAZ because it washes whiter. Does this mean that I can charge you £60 for telling you this?

Poor sods are now about £40 down in chasing you for this, i wonder when they realise it is just money thrown away. Good thing they dont have to pay anyone for the right to demand free money from motorists who ar the paying customers at the places they lurk or they would never make any money and then they would all have to sit exams to become doormen instead

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Second letter from Zenith offering to settle out of court....an 'extra time to pay' and 'the chance to pay by instalments'....how generous of them!

 

I have until 22 May before they 'discuss starting legal action'.

 

 

Zenith 08May19_Redacted.pdf

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