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    • On the first point, yes, but I now know that the "traffic building up beyond my control after I entered the box" is not an acceptable defence due to the rules.   Re second point, well I *did* have to break suddenly, otherwise I'd have hit the black car in front of me. I understand now that this is not "defence enough" on the contravention.   Re loophole on pics/video: I read in another post somewhere (not sure it was here or someplace else) that your reg must be clearly seen in the pics/videos at the *time* it's committing the offence ("captured live" I think it was the expression used) and that it's not permitted for someone to go over the footage in order to zoom in your number plate. So, what I'm saying is: from the pics/video (except the really dark pic that's zooming on my reg only), you *cannot* see the reg of my car. Hence why the pic zoomed on my reg doesn't show the full car *actually commiting* the offence. They're trying to *infer* that it's my car. (*I* know it is, but don't they have to prove the offence actually being committed by *my* car with pics that show the full car/position *and* reg? aka, not just a random zoomed in pic that could've been anywhere, hence the argument about "not being allowed to go over footage in order to capture offence/details").   Thanks for your time in answering btw ☺
    • Hi   Robinson Way are still chasing on this saying its not statute barred, but another issue has come to light since submitting a mortgage application.   CL Finance have a second charge on the property for this from ~2012, which the mortgage lender want removed before making an offer. CL Finance Limited (Company no. 01108021) was dissolved in October.   Does anyone have any advice on how i can have the charge removed and how we can stop Robinson Way chasing.   Many thanks   Dean
    • Yes - always best not to bury your head in the sand
    • Don't worry about the hearing fee date....concentrate on complying with the courts directions by date.   Andy
    • Hi @slick132 apologies for the delay responding.   Letter to the gym (1Life):   "Dear 1Life   RE: Cancellation of memberships ********* & **********   I refer to the aforementioned memberships at 1Life ******* Leisure Centre. We have cancelled our Direct Debit mandates and now realise that we did not provide 30 days’ notice needed. I therefore offer to pay the outstanding £49.98 for the notice period, consisting of £24.99 for ********** and £24.99 for *********.   I will pay no administration or cancellation fees and no further membership amounts. I consider the third parties attempt to charge unlawful penalty unacceptable and unfair to me as a customer. Hence the contract is terminated and we will ignore any further demands. If you confirm in writing that you will accept the amount of £49.98 in full settlement of all that I owe, I will pay you promptly. If you fail to accept my offer within 14 days or you demand any higher amount, I will pay you nothing and my offer will be withdrawn.   Yours Sincerely,"   Letter to DCA (DFC):   "Dear Debit Finance Collections Plc   RE: Notification of Unpaid Direct Debit Payment - Ref No ******** & *********   Further to receipt of emails from yourselves regarding missed payment and late payment charges, I confirm that I will pay no administration or cancellation fees and no further membership amounts. I consider these attempts to charge unlawful penalty unacceptable and unfair to me as a customer. Hence the contracts are terminated and we will ignore any further demands.     Yours Sincerely,"   Interestingly (and more than likely irrelevant) the email response from DFC stated that they wouldn't deal with me regarding my partners membership due to data protection, but then they also named her in the email! Surely a breach of data protection in itself!   Thanks Buddy2015  
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SoggyMoggy

Gladstones Letter Before Clain - SCOTLAND Home Bargains, Bathgate EH48 2RA

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I have received a Letter Before Claim from Gladstones. This is in relation to a windscreen Parking Charge Notice from Euro Parking Services.

 

 

1 The date of infringement? 22/4/16

 

2 Have you yet appealed to the parking company yet? [Y/N?] NO, I HAVE TOTALLY IGNORED SO FAR.

 

if you have then please post up whatever you sent and how you sent it and the date you sent it,

suitably redacted. [as a PDF- follow the upload guide

 

has there been a response?

please post it up as well, suitably redacted. [as a PDF- follow the upload guide]

If you haven't appealed yet - ,.........

have you received a Notice To Keeper? (NTK) [must be received by you between 29-56 days] YES

what date is on it 10/6/16 REC'D 13/6/16

Did the NTK provide photographic evidence? YES

 

3 Did the NTK mention Schedule 4 of the Protection of Freedoms Act 2012 (PoFA) [Y/N?] NO

4 If you appealed after receiving the NTK,

did the parking company give you any information regarding the further appeals process?

[it is well known that parking companies will reject any appeal whatever the circumstances]

 

5 Who is the parking company? EURO PARKING SERVICES

 

6. where exactly [Carpark name and town] did you park? HOME BARGAINS, BATHGATE, EH48 2RA

 

 

The PCN asks me to pay up or to provide them with the name and address of the driver, otherwise they "have the right to recover" from me.

I didn't reply, but I wasn't driving.

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they don't

POFA is not applicable to Scotland so they cant enforce it against the keeper.


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

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I would always respond to a lba, even a badly written one from Gladdys.

A simple "I was not the driver and there is no keeper liability in this matter so stop telling lies about having the right to recover". should suffice. I would keep it as short as that so you dotn say anything that may help them.

Having sent that if they do go further they will generate an unreasonable behaviour costs order if they decide to ask their client to waste more money on this.

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It wasn't Gladdys who said they have the right to recover. I will just send them "I was not the driver and there is no keeper liability".

 

They want me to fill out an online form if I believe I have a valid reason for non payment, I'm guessing I don't fill in anything online (giving them my email address).

 

I can request a paper version of this form by filling in a slip which consists of a checkbox and my signature, I'm also guessing that I don't I sign anything to them. Is my best course of action to just send them they letter as above without signing it???

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just send a letter as EB states make ref to the PCN number or their ref number

PC print your name only

 

can I just check..does their bumpf mention decree and not CCJ


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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Hi DX,

 

Their bumpf doesn't mention either CCJ or decree.

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then it cant be a letter of claim under the PAP rules.

no need to do anything.

 

scan it up 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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PAP doesn't apply in Scotland

looks like you've just got a std autogenerated PC spewed out one.

I believe they have to send the reply form too.

obviously they've found that costs too much money to print out 6 pages to the 10'000's of mugs they send these to

when most don't reply anyway other than blindly cough up.


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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should I reply as above to warm them that I will contest it or continue to ignore?

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reply exactly as EB advised using those words


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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Will do, I'll get it in the post tonight. Thanks for your help and thanks to EB too.

 

No doubt they'll reply with a scary letter.

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use the quoted words, no more and no less.

 

They will then know that you arent so dumb as to fall for their rubbish demands and hopefullly it will be the end of the matter, if you add more it will encourage them to think that you might pay up if they tell a different lie and keep up their harassment

Edited by honeybee13
Paras, typos

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use the quoted words, no more and no less.

 

They will then know that you arent so dumb as to fall for their rubbish demands and hopefullly it will be the end of the matter, if you add more it will encourage them to think that you might pay up if they tell a different lie and keep up their harassment

 

Thanks EB. It's in the post.

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Further to this, I was surprised to see another letter from Gladdys today (attached).  I was expecting a claim next, well I wasn't expecting anything but another threatogram was laughable.

 

Considering they are trying to frighten me with POFA and that doesn't apply in Scotland, will I be safe to ignore this and any other letters (except a claim)?

 

 

Gladds response redacted.pdf

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yes you've had a letter of claim

 


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 respond to  Gladdys and copy letter to parking co as they have to pay for Will and John's cock ups.

 

Dear sirs,

I am in receipt of your latter dated the 15th inst and note that despite being solicitors you do not seem to know that the POFA doesn't apply to Scotland. This surprises me  since you also run the IPC and  presumably are expected to have some knowledge of the law before you spout forth to your members on such matters.

 

just to make things clear, there is no liability to your client whatsoever and any claim will be robustly defended and a full costs recovery order sought as your conduct would palpably unreasonable by trying to exert a liability that you know  doesn't exist.

 

To save you wasting more ink, I deny being the driver at the time and  you  cannot make assumptions  or claims as to who was driving as you have fallen at that hurdle on many occasions before.

 

It may not stop them trying their luck but it will make it hard to persaude a judge they werent being unreasonable in trying to flog a dead horse and you the stand a good change of getting a decent amoutn for your time spent on this matter as costs.

 

The idea of sending a  copy to the parking co is so that they actually see it and can then decide whether this dog bites rather than just relying on Will and John's word that you wont

  • Haha 1

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