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    • Now some at this stage might think I'm leading to doggerland as the site of Atlantis   https://www.winterwatch.net/2019/01/did-the-inspiration-for-atlantis-flood-and-ark-legends-stem-from-paleo-doggerland/           but for a number of reasons, I'm not ... although I think it is a part of the larger story,   Its a little late. I believe the final inundation of doggerland is part of the later Biblical flood and related myths. (Black Sea, Arabian Gulf, West coast of India etc) ... but worthy of mention is that it could effectively make up one of three 'larger' islands as detailed in the legends far better than the Azores does. ... and mammoths/elephants crossed that bridge - although carefully check the dates of those mammoth/elephant migration evidence. They seem to end 11000bp.           http://www.bbc.co.uk/earth/story/20150722-lost-beasts-of-the-ice-age   http://www.canada.com/technology/Massive+Canadian+melt+have+triggered+flood+biblical+proportions/3954124/story.html   https://en.wikipedia.org/wiki/Outburst_flood   http://www.talkorigins.org/faqs/flood-myths.html#Sproul    
    • Hi.   Someone reported that your pg1 still had the reg number showing, so I've removed it and left pg2.   HB
    • Yes because you have not entered into an agreement with the claimant...nor do they state you ever did.   2.The loan was funded by Ferratum Uk Ltd.
    • Hi DX   Thank you for that.   No house move    Doh ... I know what a PAP LOC is now (apologies for being slow !)   I have had a tinker and found another defence example which I have taken account of.    How does the following now look ?  (bit lengthy apologies in advance !) **********************************                                                                           Particulars Of Claim 1.The claimant claims this amount in respect of an unpaid loan, regulated by the Consumer Credit Act 1974. The loan was funded by Ferratum UK Ltd.   2.The Defendant has failed to make payments in accordance with the terms of the credit agreement. The credit agreement was assigned to the Claimant upon which a Notice of Assignment was sent to the Defendant.    3.The Defendant has either failed to respond to the Claimant or has failed to maintain regular payments.   4.The Claimant has issued a Letter of Claim, providing the Defendant with a further opportunity to arrange repayment of the outstanding balance to no avail.    5.The Claimant claims interest under section 69 of the County Courts Act 1984 at the rate of 8% a year from 11/02/2019 to 23/07/2019 on  £417.00 and also interest at the same rate up to the date of judgement or earlier payment at a daily rate of £0.09."    " Defence    1.            The Defendant contends that the particulars of claim vague and are generic in nature. The Defendant accordingly sets out its case below and relies on CPR r 16.5(3) in relation to any particular allegation to which a specific response has not been made.   The Claimant has not complied with paragraph 3 of the PAPDC ( Pre Action Protocol) Failed to serve a letter of claim pre claim pursuant to PAPDC changes of the 1st October 2017.It is respectfully requested that the court take this into consideration pursuant to 7.1 PAPDC   2.           Paragraph 2 is denied. I am unaware of what alleged debt the claimant refers to having failed to adequately particularise its claim.  And it is denied the claimant has served any Notice of Assignment pursuant to the Law & Property Act 1925    3    Paragraph 3 of the particulars is not admitted with regards to the Defendant entering into an Agreement referred to in the Particulars of Claim for an amount of £431.81. It is denied the defendant failed to abide by the terms of contract.   4.       Paragraph 4 is noted although I have no record of ever receiving a Default Notice or Notice of intention to serve a Default Notice in this matter.    5. It is therefore denied with regards to the Defendant owing any monies to the Claimant, the Claimant has failed to provide any evidence of assignment/balance/breach requested by CPR 31. 14, therefore the Claimant is put to strict proof to:   6. On receipt of this claim I requested by way of a CPR 31.14 request and a section 77/78 for copies of any documents referred to within the Claimants particulars to establish what the claim is for. To date they have failed to comply to my section 77/78 request and remain in default and with regards to my CPR 31.14 request.   (a) show how the Defendant has entered into an agreement ; and (b) show and evidence the nature and service of a default notice pursuant to sec87.1CCA1974 © show how the Defendant has reached the amount claimed for; and (d) show how the Claimant has the legal right, either under statute or equity to issue a claim;   7 .As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.   8. On the alternative, as the Claimant is an assignee of a debt, it is denied that the Claimant has the right to lay a claim due to contraventions of Section 136 of the Law of Property Act and Section 82A of the consumer credit Act 1974.   9.By reasons of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any   ******************** end of defence ************
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DDWales

TPS now BWLegal from 2014!

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Hi all. 

 

My mother has just received the attached invoice request from BW as well as the notification from TPS. As you can see the alleged 'offence' was undertaken in 2014! A number of other online forums have indicated that TPS have just sent out a batch of these across the UK so look to be trying to clear their systems to make a quick buck.

 

This is the first correspondence she has had with them so surely this contravenes POFA in terms of notification timescales in the first instance.

In terms of next steps should she just ignore for the moment as it would seem that TPS/BW are chancing their arm?

 

Cheers!

 

DDW

 


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DDWales Vs Barclaycard-*Won* http://www.consumeractiongroup.co.uk/forum/barclaycard/174860-ddwales-barclaycard.html

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please complete this:

 

if you must put stuff up please use PDF not post img's to a post.

 

has she moved since parking there?

 


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Ok. Thanks dx. Have filled in and attached accordingly. DDW

 

For a windscreen ticket (Notice To Driver) please answer the following questions....

 

1 The date of infringement? 01/10/2014.

 

2 Have you yet appealed to the parking company yet? No as attached letter is first correspondence from TPS/BWLegal.

 

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

what date is on it No (As above. Attached letter is first contact from TPS/BWLegal)

Did the NTK provide photographic evidence? Have not received NTK or any other evidence apart from attached letter(s).

 

3 Did the NTK mention Schedule 4 of the Protection of Freedoms Act 2012 (PoFA) No as did not receive NTK.

 

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] N/A

 

5 Who is the parking company? Total Parking Solutions.

 

6. where exactly [Carpark name and town] did you park? B&Q, Neath, Neath Port-Talbot.   B&Q have subsequently moved out of this location. Unsure if TPS still manage site.

PCN.pdf

 

No, she still lives at the same address btw. Cheers, DDW


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DDWales Vs Barclaycard-*Won* http://www.consumeractiongroup.co.uk/forum/barclaycard/174860-ddwales-barclaycard.html

DDWales Vs Natwest-*Won*

http://www.consumeractiongroup.co.uk/forum/natwest-successes/210090-ddwales-natwest.html

 

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well no such rule as leaving the site.

they cant keep you there

pers i'd ignore this until/unless you get a letter of claim.

 

so she remembers getting a windscreen ticket?

I doubt it

they don't issue PCN windscreen tickets for that I don't think

will be CCTV capture I bet

 

 

dx


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Hi dx.  Thanks for your response- much appreciated.

 

Just as I thought...no such rule and cant keep you there!

 

She received nothing (no initial windscreen ticket, NTK or anything else) prior to these letters.

If she had received any threatograms or invoices I would have definitely raised on this great site at the time so am very sure of that.

 

I am unsure about CCTV but 100% sure that there was (and still is) no ANPR cameras on that particular site.

With that in mind, (and as this is her first notification) this must surely out of time in terms of POFA.

 

Wouldn't that alone be enough to beat TPS if they do gown down the claims route?

And of course will ignore in any case unless they do. 😀

 


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DDWales Vs Barclaycard-*Won* http://www.consumeractiongroup.co.uk/forum/barclaycard/174860-ddwales-barclaycard.html

DDWales Vs Natwest-*Won*

http://www.consumeractiongroup.co.uk/forum/natwest-successes/210090-ddwales-natwest.html

 

-Reclaim the Right-

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Just a quick question, as this was 2014, does your mother still own the  same car as  mentioned in the Invoice?   Did she buy it after that date.   Just checking that TPS havent done a recent DVLA check and  a possible previous keeper had the Invoice originally.  If so GDPR breach alert.


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Hi Brassnecked.

No, she sold the car in question approx 7 months ago.

 

Cheers, DDW


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DDWales Vs Barclaycard-*Won* http://www.consumeractiongroup.co.uk/forum/barclaycard/174860-ddwales-barclaycard.html

DDWales Vs Natwest-*Won*

http://www.consumeractiongroup.co.uk/forum/natwest-successes/210090-ddwales-natwest.html

 

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I think that what brassnecked was asking in the above post, was your mother the registered owner of the vehicle at the time of the alleged offence in 2014. Not that it makes much difference to the recommendations to ignore until a letter before claim is received, it is asked to rationalize the fact that no previous correspondence has been received.


My time as a Police Officer and subsequently time working within the Motor Trade gives me certain insights into the problems that consumers may encounter.

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Hi Gick. 

Thank you for your response.

Yes, she was the RO of the car at the time in 2014 but definitely received no correspondence until now.

Cheers, DDW


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DDWales Vs Barclaycard-*Won* http://www.consumeractiongroup.co.uk/forum/barclaycard/174860-ddwales-barclaycard.html

DDWales Vs Natwest-*Won*

http://www.consumeractiongroup.co.uk/forum/natwest-successes/210090-ddwales-natwest.html

 

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Yes thanks Gick, that was the reasoning there, just to make sure there is no chance of any backdoor CCJ or that they have tried it on with a previous keeper's invoice being that the alleged infringement was 5 years ago.  PPC's and BW aren't exactly squeaky always.


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Thanks again.

 

No chance of a backdoor CCJ. I shall sit tight and wait for their next steps.

Appreciate all the responses. DDW 😀

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DDWales Vs Barclaycard-*Won* http://www.consumeractiongroup.co.uk/forum/barclaycard/174860-ddwales-barclaycard.html

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It really is time that BW legal got a real kicking. They are totally useless. You would think that they would know that the registered keeper and the driver can often be two different people. Therefore they cannot demand the extra 54 pounds since that would only be contractually due  [if indeed there was a contract anyway] by the driver as per POFA.

 

Further is it disingenuous to infer that even if she did lose in Court [highly unlikely with BW legal in charge] that as long as the debt is settled within 30 days a ccj will not be issued.

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Hopefully an acidic letter to BW legal will send them back under their rock if they did send a Letter bfeore claim, shame the courts don't check the numerous dodgy POC's that include the Unicorn Food tax in a claim that tries to  sue keeper..


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It is likely that they are hoping that you wet your pants upon the receipt of a threatogram from a company of solicitors.

I would be tempted to ignore this and see what they want to do next and if it is a LBA then you respond with a reminder that VCS v Ibbotson is the persuasive case here

 

it is unlikely that their clients have the authority of the ICO to go round spying on people's movements and put it to "strict proof" that they do have this authority from the landlord and the ICO

 

that anyone observed leaving the site was contractually obliged to remain there as it would only apply to the driver at the time if in a parallel universe such a clause was enforceable as the keeper wasnt the driver at the time so why are they wasting their time writing now?

 

your mother ought to get on to the DVLA to find out who accessed her keeper details and when.

The DVLA try and avoid telling people the answer because they collude in fraud but don't want to admit their own money grubbing allows other to break the law with impunity

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Thanks lookinforinfo.

BW seem to be quite active at the moment as are TPS sending many old invoices out across the UK. As you state above there are immediate discrepancies and issues...

It seems they (along with most others) try the extra 'legal fees' charge en masse.

 

Thanks again brassnecked.

 

Just waiting for the LBC. My mother has already had 2 text messages from BW wanted her to ring them to discuss a 'personal matter'. Suitably ignored of course.

 

Thanks ericsbrother.

 

Just playing the waiting game now....

In terms of getting in touch with the DVLA,  is this simply an SAR to them with £10 to cover costs?

 

Cheers, DDW


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DDWales Vs Barclaycard-*Won* http://www.consumeractiongroup.co.uk/forum/barclaycard/174860-ddwales-barclaycard.html

DDWales Vs Natwest-*Won*

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No just write.

no need to sar..ps which is free now anyway


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just a metter of finding the right department as the DVLA has a dozen differetn poscodes for the same building.

Have a look at Karalius' thread about CEL in east London, he got a response so it will have the details of the correct section to write to.

 

She needs to simply ask who accessed her datails, when and for what stated reason.

The last but may well give her ammunition for suing them for breach of the DPA cos they are likey to had told a lie to get the access ( ie they know that Ibbotson determination gives them no "reasonable cause")

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Thanks dx and eb- much appreciated. Have written to the DVLA so just waiting for a response. Hopefully they will have 'slipped up' here. Ibbotson certainly makes very interesting reading too!

 

In terms of an update, BW have text my mother 3 times and have now sent a lovely follow up threatogram (attached).

 

I've also undertaken some research on the former B&Q parking site in question.

 

The site is now run by G24 Parking, has new signage and ANPR installed also.

 

I'm going to dig around further in the meantime to determine if TPS had initial authority from the landowner and permission to erect their signage back in 2014.

 

Let's see what I can find! Cheers, DDW

 

PCN2.pdf


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DDWales Vs Barclaycard-*Won* http://www.consumeractiongroup.co.uk/forum/barclaycard/174860-ddwales-barclaycard.html

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the fact they were booted out may well be the reason they are chasing this at a late stage, nothing to lose as far as they are concerned.

WRONG.

 

you check with the council about planning consent for signage and equipment like cameras etc. 2 different laws so 2 permissions needed.

also get pictures of what is there now so you can challenge the veracity of what they say about signs etc as a new parking co with shiny new signs can indicate that they were doing it wrong, not enough or clear enough signs or whatever you want to push with this and they cant say that their sub,ission canbe proved.

 

CEL used to jusy use a computer mock up of sigsn and claim they were just like that in any car aprk when the real photographs showed anything but. throw doubt on one bit of thei claim or evidence and the judge will disregad the whole lot as unreliable. that m3eans you ahve to o the research though.

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Thanks eb! 

 

I have an update....

DVLA letter sent asking for data requests.

 

Have also been in touch with the council planning department and spoke to a lovely lady who totally sympathised as she had recently been caught up with something similar and was very happy to help!

 

I have a telephone call scheduled with her next Monday to confirm if permissions were actually needed by the council

(she couldn't confirm this when I spoke to her but would research for me in terms of private land ownership).

 

In the meantime I checked the planning app portal and can confirm that the council has received no planning for signage or cameras etc from TPS and/or B and Q themselves (there doesn't seem to be planning apps from they new PPC either!).

 

Have attached evidence of this dating back to the mid 1990's.

The only planning permission given has been for security fencing!

 

I have also attached Google Map shots of the site.

I could not go into the car park any further as Maps changes the view to 2016.

 

The photo evidence is from 2011 (none exists for 2014 unfortunately).

 

Looks like there are parking signs as such in those views but when you zoom in they are illegible

- the best I could get are also in the attached.

 

Regards, DDW

BandQsignage.pdf


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DDWales Vs Barclaycard-*Won* http://www.consumeractiongroup.co.uk/forum/barclaycard/174860-ddwales-barclaycard.html

DDWales Vs Natwest-*Won*

http://www.consumeractiongroup.co.uk/forum/natwest-successes/210090-ddwales-natwest.html

 

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you get pictures of the current lot and use these against them.

 

The whole point of this is to show that no-one can prove what they are claiming and you can prove that it isnt so now.

 

they will try and show a mock up and you can then challenge this by saying whwere is the real evidence that you had 22 signs all a mile high by showing actual photographs where the background is indisputably that site?

 

So for the second time of asking get the pictures of what is there

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Hello, 

 

I have just stumbled across this thread after receiving a PCN, from the same location and also from 2014!

 

I have received 1 letter which i ignored but today received a final warning letter before county court proceedings.

 

Do you have any updates on how the claim is going? any information you can share would be greatly appreciated. 

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best to create a topic of your own please

this one is for advising SSwales.

click create in the top red banner

 

dx

 


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Reclaim mis-sold PPI Read Here

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