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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      
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    • Future Comms issues. Read more at https://www.consumeractiongroup.co.uk/topic/416504-future-comms-issues/
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      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) 
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    • 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/
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    • 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.

      http://www.fsa.gov.uk/pages/Library/Communication/PR/2010/120.shtml
      http://www.fsa.gov.uk/pubs/final/redstone.pdf
      http://www.fsa.gov.uk/pubs/final/db_uk.pdf
       
      http://www.fsa.gov.uk/pages/consumerinformation/firmnews/2011/db_mortgages.shtml
      Do you have a mortage arears claim to make? Then post your story on the forum here
        • Like
      • 0 replies
ref600

Problem with Enterprise rent a car, legal advice needed

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This is my first post and I hope the last, so hello everybody!

 

 

I have rented a car from them since end of August,

2 days ago they entered my house private drivaway and through the open gates (fully detached house with driveway for 12 cars and clearly visible cameras everywhere) and the took the car back, without any warning, any issues and NO outstanding debt !

 

Last conversation I had with them, was a day before the incident and I asked them to change my car with another one and also asked them to forward to me an invoice, as they never issue one and breakdown of charges.

 

I send a letter to their head office, fca, bvrla , I enclose copy of the letter, do I need to report and involve the police as they entered my property ?

What are my legal options against them please.

Many thanks and forgive the length of the post.

 

letter enclosed.

Dear Sirs,

 

My name is Xxxxxxxxxxx, I would like to complain about Enterprise Car Rental Company, especially the St. Johns Wood Branch in London.

I had a horrific experience with this company, I am not a new customer to them, as I hire a car from this company since end of August 2018.

During this period, I paid more than UK5500 to them for rental and service charges. as I hired a mid Executive car from them.

 

Until October everything was nice and smoothly, since then they started to take unauthorised payments without my knowledge from my credit card for silly reasons (administrative charges without explanation, handling ticket charges and so on),

 

I had to cancel my Amex credit card and replace it as I wasn’t confident leaving a card with a very high limit on their system,

I gave them a debit card to use and when they need to take payments,

I asked them to call me, issue an invoice to me and then charge the card after my authorisation.

 

Since that day I was receiving threats and warnings on a daily basis,

that they will report the car as stolen to the Police (many SMS messages for evidence)

and to avoid this to happen,

they asked me to prepay the rental period in advance (one month in advance),

they also requested from me to pay higher monthly rental fare than the agreed amount, and a higher deposit.

 

As I am using the car on a daily basis, in order to go to work and to pick up the kids from school,

I paid them the money requested, however it didn’t end ,

 

they requested the car back in December stating that BMW recalled all cars for security checks (again they told me that if I will not comply they will report the car as stolen !) and they replaced the car with a much inferior Hyundai ! I accepted as I didn’t have other options.

 

Until yesterday and after many messages they never replaced the car with the BMW that I had since September,

instead and without ANY notice or warning they came to my house at 7.35 in the morning (with cameras evidence),

took the car and left me WITHOUT a car,

with an overcharged card and a set of Hyundai keys !

 

I would like to add that one day before I was reassured by the Branch Manager (with SMS text evidence) that the car will be replaced with the BMW and that there are no outstanding payments.

 

Since day one, I NEVER received any invoice or account statement from them so I don’t know how much money they have taken in total and for what reason and rental period.

They NEVER refunded any of the deposits back to my card and they always came with excuses that the accountant is sick, fired, etc

 

I have contacted my bank and credit card providers and asked them to investigate the matter and if needed to dispute all payments until the issues are resolved.

 

I also instructed my Solicitor to be in contact with the regulating body and their executive team and instructed him to go ahead with court proceedings and seek FULL compensation.

If you need additional information please do not hesitate to contact me.

Edited by dx100uk
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send them an sar get all the details

then you'll be able to workout what has gone on.

 

your story is rather garbled and difficult to follow, but I gather there was a safety recall by BMW?,

they as the owner are quite entitled to repossess their property esp if by continuing to let it be driven, you or your children could have been injured or worse.

 

however I would suspect that the repo guys were in-fact simply a recovery firm , not bailiffs , and without any powers to enter private property, regardless to if the gates were open or not. that is something you might have recourse upon, but it does really count for much.

 

and ofcourse they might not of had any other BMW's cars to replace it if they were all under the same recall.

and replaced it with what they could to keep you mobile.

 

the more important issue are the possibly unlawful fixed sum penalty charges, which are in most cases unlawful,

 

if I were to be frank they did ask you to return the car , you misunderstood the legal importance of you doing so at their request and they had little choice but to go get it.

 

dx


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Court proceedings for what tort? What breach of contract?

Saying that your solicitor will issue court proceedings without a letter before action setting out what loss / harm you believe they have caused you..... They’ll see that as just so much bluster. Did your solicitor really agree that?.

 

As for “ I accepted as I didn’t have other options.“

What about the option of returning the “inferior” car you weren’t happy with, apparently! (& asking them to issue you an invoice!) and then hiring through a different firm, to get a car and quality of service you’d be happier with.

 

Either you should have given the car back and hired through a different firm, or there is more to the story here than you have said so far.

Claiming “I had no other option” and “I’ll sue!” (what for??) just doesn’t add up.

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as you have engaged a solicitor you should let them advise you rather than looking for an alternative opinion here. if your solicitors advice is either very vague or doesn't agree with what you want then you should go to another solicitor as sometimes they will use wording that encourages you to spend money with very little prospect of getting anywhere.

Edited by Andyorch
Typos

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I would like to hear different opinions before I commence any action.

Points are :

There were no outstanding payments towards Enterprise.

I was overcharged on more than 3 occasions.

Car taken without notice or warnings, not a single phone call.

No invoices issued since day one.

Threats in more than 3 occasions that they will report the car as stolen (what for ), they forced me to renew contract every 28 days and make a new contract every time.

Charges without permission for parking tickets that they never submitted to me (I am not aware of any parking tickets issued).

Entered my private property without warning.

Inside the car were my bag, personal belongings, money ,phone chargers etc , they didn’t even contact me to deliver these items back to us.

I wonder, these are not enough for legal action ?

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Dx

the more important issue are the possibly unlawful fixed sum penalty charges, which are in most cases unlawful..

 

 

This is actually in the hire contract that the OP signed.

Any charges can be charged to the credit card and an admin fee ontop. So its a bit more in depth than a speculative invoice for private parking.

 

I'm surprised they allows you to leave a debit card number and not credit card...

 

As seen as you stated (OP) that you have instructed a solicitor to take the case in not going to comment any further to why they come to get the car..

I would of done the same.

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I would like to hear different opinions before I commence any action.

 

 

I thought you'd said you'd already instructed your solicitor to commence legal action

 

I also instructed my Solicitor to be in contact with the regulating body and their executive team and instructed him to go ahead with court proceedings and seek FULL compensation.

 

I have to ask again, given all you'd "suffered", why did you not just give the car back and rent elsewhere. You say you "had no option", but why did you not avail yourself of the option to go elsewhere if they were so awful?

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were the parking tickets Penalty charge notices or Private Speculative invoices NOT issued by council/police.?

if the former they are quite legally and duty bound to meet them and take the money from your payment source.

 

we don't know the full truthful history so we cant really comment on the rest

but its a hired car , its theirs, they can do what they like with it.

 

if I read things again in a slightly different way [as I said your info is rather garbled and unclear]

 

the BMW was returned ok by you, after many times of them asking mind..but they just came and took the Hyundai without notice?

 

cant really see what you are upset about

again even entering your private unlock property is really nothing you can wave your arms about, it possibly could only be a trespass charge, and they come to nothing anyway

the area was open and unlocked.

 

as for you personal belongings

go get them.


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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

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Posted (edited)

Quite common for many people to have problems with these rental companies. Heck, I am one of those people. I've tried many different rental car companies. Most of the time, the most problems I have come from the crappy staff they hire. The customer service is just horrid. Car rental agencies are a regular fixture at airports all around the world, each promising traveller's deals on automobiles to take them far and wide. However, many of those deals evaporate quickly when car agencies add on a number of hidden and blatant charges to a traveller’s invoice. Fees and deposits for damages, cleaning, road tolls, and more can blow a budget up without notice. So I ended up sticking with only one service that is way better than I expected after a bad history with rental companies, I'm talking about https://rental24h.com/usa/denver-airport/avis AVIS cars are edged with an AVIS cars are edged with an orange frame. Also, there are cars from other companies and from neighbouring locations that will help you to choose the most appropriate at a price and other parameters option. To rent one of their cars was more than fast. Usually, it takes so long with all the documents and what not. Really handy for when I am in a rush and have no time to dilly-dally. Maybe you will find better luck here? I know I did. 

Edited by ClaziszCars

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