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    • My ex Landlords and I have been come to a settlement agreement to avoid going to is a big weight off my shoulders. It was less than I initially asked for but am happy to leave the stress behind. I’ve also made a small donation towards the running of this platform.  Thanks to envy/everyone who gave me some help and advice on this matter.  
    • Ok, this is what i have typed out so far. I just to refer to the evidences i have and put it in a good order. Just another point to clarify in my write-up, the address i was living in was different to my address on my driving license as it was only short term so i never changed it, so all the NTK's were sent to my Licence's address yet i never actually received the intent to claim at that address (it is my parents) i have mentioned this in my write up. please have a look and let me know what you guys think.   Claim from: County Court Business Centre Claim No. XXXX Judgment Date: 02/01/2019 Claimant: UK Parking Control Ltd Defendant:  XXXX   Witness Statement 1.       I lived at the address, XXXX from 06/12/2014 to 05/06/2015. 2.       Between 20/12/2014 and 10/01/2015 I received 7 parking charge notices from UKPC. 3.       I contested the charges and corresponded with the claimant by post and email on several occasions, an example of both can be seen in the attached supporting evidence. 4.       My appeal was upheld for the first two charges and these were cancelled by email as can be seen in the supporting evidence, yet they were included in the claim. 5.       I wrote a letter to UKPC on 25/02/2015 informing them that I received 7 charges yet I received no notice to driver on the vehicle and that I spoke with an employee on 06/02/2015 who advised me that I request they be revoked which UKPC refused to comply with. 6.       I wrote a final letter of correspondence to UKPC on 31/03/2015 requesting that before the matter escalates any further, I would like UKPC to send me any and all relevant evidence regarding the alleged breaches of and if I did not hear from them within 14 days ( by 14/04/2015) I would consider the matter closed. I received no such evidence from UKPC on request, only a letter dated 15/04/2015 stating that they had made their final decision. 7.       I received no further correspondence from UKPC and assumed the other 5 charges had been cancelled. 8.       I moved to my new address on 05/06/2015 which was 66 days after my final letter of correspondence and I still had received no evidence for the accused breaches. 9.       I am unaware of UKPC having sent further correspondence to my former address, but if they had, I was not aware of this. I had always corresponded with them in a timely fashion previously. In the absence of a response, they should have had reason to doubt that the address was still my place of residence. 10.    UKPC sent all Notice to Keepers to the address XXXX, yet when it came to sending the claim documents and court documents, there was no receipt of these which leads me to believe UKPC had sent it to the where I lived previously XXXX. Therefore, if UKPC knew my address from my registered keeper details, I fail to understand how they did not manage to send me all the correct documentation to the same address as the notice to keeper.   Defense Below are the key points which constitute my defence regarding the alleged breaches of contract. Supremacy of contract, due to being a tenant on the property (as seen in evidence referenced page 3). At the time of the claimant issuing the tickets, I was a tenant on the property which provides me with supremacy of contract. The tenancy agreement has precedence over the contractual agreement that UKPC issued the charge under. 1.       Signage. The signage at the entrance and inside the car park reads “no unauthorized parking” and “Permit holders only”.  As I was a tenant at the address and was provided with a permit and a fob to open the shutter to gain access to the car park, I was authorized to park at the address and I was a permit holder, which can be seen in the evidence provided. 2.       Contract. I deny that I ever entered any contract with UKPC. A contract is an agreement between 2 or more parties where terms and conditions are discussed and agreed upon and signed into, which I deny ever doing. Furthermore I was in a contract with my landlord held by my tenancy agreement allowing me to park at the address in the allotted bay. 3.       The practice direction on pre-action conduct was not followed - No intent to claim was ever received at the address that UKPC had where they sent the Notices to keeper. Furthermore, I was not provided with any documentation regarding the alleged breaches, despite requesting it (as seen in evidence referenced page 1). 4.       UKPC had previously sent Notices to Keeper to my correct address but had not attempted to contact me at my correct address regarding the claim which UKPC was in possession as seen in all the notices to keeper. Furthermore they could have tracked my address via the electoral roll. 5.       Two of the parking tickets (pcn ref. XXXXand pcn ref. XXXX), which form part of the claim, had in fact been cancelled by UKPC on 11 March 2015 (as seen in evidence referenced pages 4, 5 and 6), therefore the claim made against me was not valid as 2 of the pcn’s have been cancelled and are no longer valid. 6.       No Notice to Driver was placed on the windscreen of the vehicle with the exception of 10/01/2015 where I appealed the charge. Therefore under POFA 2012 schedule 4, the time by which the Notices to Keeper should have been received were overdue. 7.       No notice to keeper was ever received for two of the charges (1255650100601 on 10/01/2015 and 1255650050516 on 05/01/2015 which is a violation of POFA 2012 schedule 4. 8.       Lack of Evidence. There was no evidence provided to myself showing the alleged breach with the number plate of my vehicle in view and any signage in view. There are only the images of the back of the vehicle showing the bay number and the vehicle registration printed on the notices to keeper that were provided.       Below is the chronological order of events as they took place.   I lived at the address XXXX between 6 December 2014 and 5 June 2015 (as seen in evidence referenced page 3), where there was private underground parking which was Managed by UKPC. The parking provided was closed off by an automatic shutter gate which required a remote to open. This is where i received a total of 7 parking charges in the space of 1 month - despite displaying a valid residents parking permit which was provided to me by the letting agency as part of my tenancy lease agreement ( as seen in evidence referenced page 3). The charges were received by me as Notices to Keeper at the address XXXX. After a lengthy and unnecessarily difficult appeals process, the first 2 that were issued (pcn ref. XXXXand pcn ref. XXXX) were cancelled by UKPC (as seen in evidence referenced pages 4, 5 and 6). I then received yet another 5 charges and after numerous correspondence back and forth where they became uncooperative and failed to provide me with the evidence requested (as seen in evidence referenced page 1), at this stage the cost escalated from £15 to £160 for the 5 tickets and they stated that they felt the tickets were issued correctly then refused any more correspondence regarding all tickets. I responded with a final letter in reply (as seen in evidence referenced page 1), stating that if they did not provide me with any and all evidence for each ticket within 14 days (from 31st March 2015) I would consider it an admission of incorrectly issued tickets and the matter concluded. I did not receive any further correspondence from UKPC and assumed the matter was closed. In February 2019 during a routine check of my credit report, I found that I have a default CCJ had been issued against me due to court action taken by UKPC without my knowledge, for all 7 tickets totaling £1,270 including fees. No intent of claim was received at the address XXXX yet this is the address where the notices to keeper were originally sent.   I believe the claimant has behaved unreasonably by not agreeing to the the appeals when a permit was provided, Not providing Notices to keeper either in time or at all, not using the correct address which they had used to send the notices to keeper. According to publicly available information my circumstances are far from being unique. UKPC’s persistent failure to use correct and current addresses results in an unnecessary burden for individuals and the justice system. Statement of Truth: I believe that the facts stated in this Witness Statement are true.
    • Sorry to be a bother but is there something I am forgetting to do.   Sent sar request but no response yet from shop direct.   Do I need to resend or not?   Just worried as this will soon be in court apparently thanks pete
    • @dx100uk thanks! Took absolutely ages on my phone to edit them. Apparently I can do at least one thing right lol      
  • Our picks

    • Future Comms issues. Read more at https://www.consumeractiongroup.co.uk/topic/416504-future-comms-issues/
      • 3 replies
    • This is a bit of a lengthy one but I’ll summerise best as possible.
      I was contacted by future comms by phone, they stated that they could beat any phone contract I have , (I am a limited company but just myself that needs a business phone and I am the only worker) 
      I told future comms my deal, £110 per month with a phone and a virtual landline, they confirmed that they could beat that, £90 per month with a phone , virtual landline  they also confirmed they would pay Vodafone (previous provider) the termination fee. As I am in business, naturally I was open to making a deal. So we proceeded. 
      Future comms then revealed that the contract would be with PLAN.COM and the airtime would be provided by 02, I instantly told them that this would break the deal as I have poor 02 signal in the house where I live as my partner is on 02 and constantly complaining about bad signal
      the salesman assured me he would send a signal booster box out with the phone so I would have perfect signal.
      so far so good.....
      i then explained this is the only mobile phone I use for business and pleasure, so therefore I didn’t want any disconnection time in the slightest between the switchover from Vodafone to 02
      the salesman then confirmed that the existing phone would only be disconnected once the new phone was switched on.
      so far so good....
      • 14 replies
    • A shocking story of domestic and economic abuse compounded by @BarclaysUKHelp ‏ bank complicity – coming soon @A_Gentle_Woman. Read more at https://www.consumeractiongroup.co.uk/topic/415737-a-shocking-story-of-domestic-and-economic-abuse-compounded-by-barclaysukhelp-%E2%80%8F-bank-complicity-%E2%80%93-coming-soon-a_gentle_woman/
      • 0 replies
    • The FSA has announced large fines against DB UK Bank Limited (trading as DB Mortgages) - DeutscheBank and also against Redstone for their unfair treatment of their customers.
      Please see the links below for summaries and full details from the FSA website.
      It is now completely clear that any arrears charges which exceed actual administrative costs are unfair and therefore unlawful.
      Furthemore, irresponsible lending practices are also unfair and unlawful.
      Additionally there are other unfair practices including unarranged counsellor visits - even if they have been attempted.
      You are entitled to refuse counsellor visits and not incur any charges.
      Any charges for counsellor visits must not seek to make profits. The cost of the visits must be passed on to you at cost price.
      We are hearing stories of people being charged for counsellor visits for which there is no evidence that they were even attempted.
      It is clear that some mortgage lenders are trying to cheat you out of your money.
      You should ascertain how much has been taken from you and claim it back. The chances of winning are better than 90%. It is highly likely that the lender will attempt to avoid court action and offer you back your money.
      However, you should ensure that you receive a proper rate of interest and this means that you should be seeking at least restitutionary damages - which would be much higher than the statutory 8%.
      Furthermore, you should assess whether the paying of demands for unlawful excessive charges has also out you further into arrears and if this has caused you further penalties in terms of extra interest or any other prejudice. This should be claimed as well.
      If excessive unlawful charges have resulted in your credit file being affected, then you should take this into account also when working out exactly what you want by way of remedy from the lender.
      You should consult others on these forums when considering any offer.
      You must not make any complaint through the Ombudsman. your time will be wasted, you will wait up to 2 yrs and there will be a minimal 8% award of interest and no account will be taken of any other damage you have suffered.
      You must make your complaint through the County Court for a rapid and effective remedy.

      Do you have a mortage arears claim to make? Then post your story on the forum here
        • Like
      • 0 replies
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Pensions: Tougher jail terms for mismanaging funds

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Pensions Secretary Amber Rudd says "wilfully or recklessly" mismanaging funds could mean seven years in jail.




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