Jump to content


  • Tweets

  • Posts

    • I came back home on Monday and found this Claim form in my letter box. In the light of what I have explained earlier in regards to this debt claim, can anyone tell if I have any chance fighting it in th Court. SW in the last conversation request the proof of me living somewhere else, which I can't provide. They have info from the landlord of property being rented to me, I was there on electoral register, had bank account opened on this address, Driving licence had this address etc., but I wasn't living there.      Name of the Claimant -  Southern Water services   Date of issue – 12/06/2019     Particulars of Claim   The Claimant is statutory...etc The Claimant claims the sum £969 for unpaid water and or sewerage charges payable under s. 142-144 of the act and the Claimant Charges Scheme. The unpaid sum of £969 is for period 01/04/2014 - 08/07/2015. The claimant claims interest under section 69 of the County Courts Act 1984 at the rate of 8% a year  from 08/07/2015 to 11/06/2019 and also interest at the same rate up to the date of the judgment or earlier payment at daily rate of £0.21   What is the total value of the claim? £1423   Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC ( Pre Action Protocol) ? yes Letter before Action   Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred?  Yes, COA address.   Did you inform the claimant of your change of address? No Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account?    No, water charges   When did you enter into the original agreement before or after April 2007 ? Allegedly after - April 2012   Do you recall how you entered into the agreement...On line /In branch/By post ? No   Is the debt showing on your credit reference files (Experian/ Equifax /Etc...) ? No, no anymore   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. Southern Water - original creditor   Were you aware the account had been assigned – did you receive a Notice of Assignment?   Did you receive a Default Notice from the original creditor? No.   Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? No   Why did you cease payments? Never. I wasn't aware of bills.   What was the date of your last payment? Never   Was there a dispute with the original creditor that remains unresolved? Yes, creditor did not take my notice of bills being wrongly issued in my name.   Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? No  
    • If the case was brought before a UK civil court would UK rules apply or foreign rules?   I wonder if the original contract would strate what jurisdiction it's terms would be decided by?   I note that UK contracts frequently have a clause that says in so many words that any disputes  will be interpreted under UK law.
    • http://www.hadefpartners.com/News/333/Limitation-periods-in-the-United-Arab-Emirates   One of the key limitation periods to be aware of is the limitation period for a claim for breach of contract. We have been approached by many clients (including in-house counsel at large multinational and local companies, and even international law firms) who believe that the limitation period for a breach of contract (including a commercial contract) in the UAE is 15 years. What they are often not aware of is that the limitation period for commercial contracts (as set out in Federal Law 18 of 1993 (the “Commercial Code”)) is usually 10 years. Therefore, multi-million dollar claims dating back over more than 10 years may now be time-barred.   https://www.jstor.org/stable/3381662?seq=1#page_scan_tab_contents
    • how long did you sign up for ? if they claimed DD after that period …….
    • If this thread was started about your friend, please don't ask Q's about your dad or anyone else.   Keep this thread on track and use a new thread to discuss issues about YD, thanks.   Keeps thread simple and focused.
  • Our picks

    • Future Comms is a Big Con. How to get out of it. Read more at https://www.consumeractiongroup.co.uk/topic/417058-future-comms-is-a-big-con-how-to-get-out-of-it/
      • 4 replies
    • Future Comms issues. Read more at https://www.consumeractiongroup.co.uk/topic/416504-future-comms-issues/
      • 5 replies
    • This is a bit of a lengthy one but I’ll summerise best as possible.
       
      THIS IS HOW THE PHONECALL WENT 
       
      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
annoyedyep

NCP ANPR PCN - paid - no dispensed ticket - Cheltenham Portland St East

Recommended Posts

1 Date of the infringement: 03/01/2019

 

2 Date on the NTK [this must have been received within 14 days from the 'offence' date] 24/01/2019

 

3 Date received: 25/01/2019

 

4 Does the NTK mention schedule 4 of The Protections of Freedoms Act 2012? [Y/N?] No

 

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? NCP

 

8. Where exactly [carpark name and town] Portland St East, Cheltenham

For either option, does it say which appeals body they operate under? BPA

 

 

I paid for parking at this car park, stupidly when asked, I input 'No' to a receipt. After my cash was taken, the machine didn't print out a windscreen ticket.

I also checked to see if my coins were returned, but they were not. So I have no evidence to show that I paid for parking.

 

 

I realise now that perhaps I shouldn't have, but in my appeal I stated that:

I was the driver, and that the machine was not printing on the day of my incident.

I asked NCP to provide evidence that the machine was working properly, and to provide parking records during the time/day of the incident.

 

My appeal was rejected, with them stating that they have checked that the machine was working and that they have no record of payment for my vehicle. However there was no evidence sent to me. They have asked for payment within 28 days again.

 

In this car park there is more than one machine, and I do know that the other payment machine was working on that day, as I saw another driver walk away with a printed windscreen ticket after paying. I did think at the time that it was a bit odd that I hadn't got one.

 

Since I have no proof that I paid, should I ignore or is there any hope to appeal to POPLA? Will they be able to help?

 

I feel like I shouldn't pay the charge just on principle because I know that I paid on the day.

 

Any help please!

 

 

 

 

 

 

 

 

 

Share this post


Link to post
Share on other sites

was this an ANPR capture?

 

dx


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

Share this post


Link to post
Share on other sites

Oh blast. Had you not I.D'd the driver the POFA fail (past 14 days) would have meant that they had no right to transfer liability for the charge to the keeper. As it is, you've made the job much harder for yourself. Never mind, what's done is done, let's move forward.

 

Can you post up the NTK and photos of the signs? Redact your personal info.

Share this post


Link to post
Share on other sites

thread title updated


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

Share this post


Link to post
Share on other sites

another person who has jumped the gun. Quite simply you paid and that is that so they have no reason to demand any further monies.

 

What does their NTK say you did wrong to breach their terms as quite often tthey say you owe them money for something that doesnt actually exist on their list of do's and dont's.

 

For the moment I would ignore them because you cant argue a negative and a court will be more likely to believe your version of events than POPLA will because they have a very limited remit of what they can consider and will probably trot out a "you didnt pay and display" despite the fact no ticket was spat out of the machine.

Edited by honeybee13
Paras, typos

Share this post


Link to post
Share on other sites

Here's the NTK

 

Signs on the entrance of car park

 

machine signs

 

Thanks for replies so far... The parking machine records the reg number, so that would prove that I had paid on the machine. So wouldn't they have to show the data to say I didn't?

entrancesign.jpg

machine1.jpg

machine2.jpg

Edited by dx100uk
merge

Share this post


Link to post
Share on other sites

had to take down your ntk pcn number showing

might be better to put those all up in one multipage PDF please

so we can zoom and read the text on the signs hopefully

 

if not you'll need closer photo

the T&C's small print on signs and machine and by machine are important.

 

dx


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

Share this post


Link to post
Share on other sites

Here's my NTK with pics in PDF

 

Think I might have to get a close up pic of the T&C wording for this one.

 

How do they expect drivers to read this properly on entry to the car park?

 

Thanks all

NTK-pics.pdf

TC.pdf

TC2.pdf

Edited by dx100uk
merge

Share this post


Link to post
Share on other sites

you paid and that menas no breach of the terms.

the fact their machine is junk doesnt alter this fact.

 

the only problem is that you will have to convince someone that your version of events is a reliable one.

as you didnt get a receipt you have the problem that if you put in the wrog reg details you wont know that but they will as their records will have a payment that doesnt match a vehicle reg captured on the ANPR system.

 

as you paid they know there has been no breach and the input of the wrong details isnt a breach of contract but they will rather hell freezes over than admit that they have a payment that doesnt match any vehicle there that day and probably is for a non-existent vehicle and they still want to chisel money out of you.

 

You can ask for evidence regarding all of the vehicles' reg numbers input at that time but they will be likely to refuse this as they know that it wil show up the input error and they will have to admit wasting time and money which they can then not recover from you or anyone else.

 

The point is you paid and that is that.

 

What I would do is tell them you know about this type of error and that it is not a breach of contract as there is no specific contractual term that covers such a mistake and that you will be demanding they produce the payment log for that day should the matter get as far as court.

 

what sort of machine is the ticket machine because there are well known problems with METRIC machines so you can beat them with that stick once you have checked it out but otherwise stick to the above and do not enter into further correspondence if they decide to reject or ignore this attempt to sort out their mess.

Edited by dx100uk
spell/space

Share this post


Link to post
Share on other sites

Here is a close up of the T&Cs.

In my appeal I stated:

'I ask you to investigate whether the machine was functioning correctly and provide the evidence. I also request that the parking payment records are provided during the time period that you are querying non-payment.'

Their appeal refused letter mentioned that they had checked payment records but there were none with my vehicle details. However they did not provide me with the data.

Should I continue to write to them again, appeal to POPLA or ignore now? 

 

T&Cs.pdf

Share this post


Link to post
Share on other sites

they gave you a half truth and you didnt make the right point anyway. Still, no more than expected but in the future you never appeal unless you receive advice before you do  as to what grounds and how to phrase the appeal. this goes for anyone reading these threads as well, the parking co's often get things so wr9ong they dont create a liability  but appealing then can.

Share this post


Link to post
Share on other sites

I got this 'Final Reminder' over the weekend...

I'm wondering if I should continue to ignore or how to respond?

Any thoughts would be much appreciated!

Thanks

Final-notice.pdf

Share this post


Link to post
Share on other sites

until/unless you receive a letter of claim from one of their favourite fake/tame solicitor id ignore.

also don't forget CAG is shelf help too.

 

dx

 

 


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

Share this post


Link to post
Share on other sites

this is all normal, read  a good few hundreds of threads so you get a feel for how they go about their money making.

Ignore is the way to go, you will likely get another shower writingto you but again that is par for the course. Yiou will also see that the amount when it gets to s dca leaps to £160. ask yourself when you sgned a credit agreement with this buch and then think about the lawfulness of the addition of unicorn food tax

Share this post


Link to post
Share on other sites

Latest letter - now moved on.

Should I continue to ignore?

Image (44).jpg

Share this post


Link to post
Share on other sites

Correct just ignore their drivel.

 

You never had a contract with Trace so they cannot charge you anything.

 

few weeks and they may well come back and offer you a lesser amount to pay.

 

Kind of them when you owe them nothing at all but all the World loves a tryer.

Share this post


Link to post
Share on other sites

 all this means is that the parking co have spent £15 to get someone to send you scary letters known here as threatograms.

 

let them waste their money.

the idea of making the bill shoot up to £160 or whatever is to make you think that if you dont pay this now then they may ask for £200 next time and so forth. well, you didnt sign a credit agreement with them so no extras.

 

Unfortunatey you admitted being the driver so the parking co can add their costs to your bill if they state the amount on the signage.

Share this post


Link to post
Share on other sites

It's my understanding that the 60 pound extra charge can be challenged. In the OFT Debt Guidance notice, one of their stipulations was under Unfair Practices 210.e  

Quote

. applying charges which are disproportionate to the main debt.

It won't be necessary for you to challenge that amount in Court since it probably won't get that far.

Share this post


Link to post
Share on other sites

the key thing here is that the first you heard about the unicorn food tax being added was from someone who has nothing to do with anything so even if there was small print about extra collection charges on the signage ( god knows which would be applicable out of the forest of signs they have) then it would be an unfair contract for more than one reason anyway.

by the way you owe me £999 for this advice, my terms were available to see on the website ww.imanhonestcrook.con, page 19 bottom paragraph section 16(b) subsection 4(f) so you definitely owe the money as I deemed that you read and understood the terms.

  • Like 1
  • Haha 2

Share this post


Link to post
Share on other sites

Got another letter today.

I'm getting concerned that I'm going to have to go to court if I don't pay up within 14 days?

Should I dispute or raise my points with BW Legal or someone else?

Any help would be much appreciated.

Thanks

 

 

 

 

 

 

 

 

Share this post


Link to post
Share on other sites

It reads like a threatogram to me and the mythical £160 is very familiar from other people's letters. I expect the guys will be along later with more advice for you.

 

HB


Illegitimi non carborundum

 

 

 

Share this post


Link to post
Share on other sites

Images removed pdf only please

 

as post 14

 

 


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

Share this post


Link to post
Share on other sites

Do nothing. Wait for the LBA as previously instructed.

 

"we will seek Our Client's instructions to commence legal proceedings against you in the County Court upon being served with a Letter of Claim pursuant to the Pre-action Protocol for Debt Claims as contained within the Civil Procedure Rules"

 

Ignoring the random capital letters, surely you can understand what they are saying here? They don't have instructions to commence legal proceedings (or they wouldn't be "seeking" them). If they are going to take you to court they will send you the "Letter of Claim" first as they are supposed to.

Share this post


Link to post
Share on other sites

it translates as "we hope that our client pays us some more money to turn nasty because you arent feeding the unicorns"

Share this post


Link to post
Share on other sites

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now

  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...