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    • I've inserted their poc re:your.. 1 ..they did send 2 paploc's  3. neither the agreement nor default is mentioned in their 2.        
    • Hi Guys, i read a fair few threads and saw a lot of similar templates being used. i liked this one below and although i could elaborate on certain things (they ignored my CCA and sent 2 PAPs etc etc) , am i right in that at this stage keep it short? If thats the case i cant see what i need to add/change about this one   1)   the defendant entered into a consumer credit act 1974 regulated agreements vanquis under account reference xxxxxxx 2)   The defendant failed to maintain the required payment, arrears began to accrue 3)   The agreement was later assigned to the claimant on 29 September 2017 and notice given to the defendant 4)   Despite repeated requests for payment, the sum of 2247.91 remains due outstanding And the claimant claims a)The said sum of £2247.91 b)The interest pursuant to S 69 county courts act 1984 at the rate of 8% per annum from the date of issue, accruing at a daily rate of £xxxx, but limited to one year,  being £xxxx c)Costs   Defence:   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.   1. 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. The Claimant claims £2247.91 is owed under a regulated consumer credit account under reference xxxxxxx. I do not recall the precise details or agreement and have sought verification from the claimant and the claimants solicitor by way of a CPR 31.14 and section 78 request who are yet to fully comply.   3. Paragraph 2 is denied. I am unable to recall the precise details of the alleged agreement or any default notice served in breach of any defaulted payments. 4. Paragraph 3 is denied.The Defendant contends that no notice of assignment pursuant to s.136 of the Law of Property Act & s.82 A of the CCA1974 has ever been served by the Claimant as alleged or at all.   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:   (a) show how the Defendant has entered into an agreement; and (b) show and evidence any cause of action and service of a Default Notice or termination notice; and © 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;   6. After receiving this claim I requested by way of a CPR 31.14 request and a section 78 request 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 CPR 31.14 request and also my section 78 request and remain in default with regards to this request.   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 relief.  
    • i understand. Just be aware I am prepared to take some risks 😉
    • Thanks Tnook,   Bear with us while we discuss this behind the scenes - we want you to win just as much as you do but we want to find the right balance between maximising your claim without risking too much in court fees, and in possible court costs awarded to the defendant bank.
    • Tell your son and think on this. He can pay the £160  and have no further worries from them. If he read POFA  Scedule 4 he would find out that if he went to Court and lost which is unlikely on two counts at least [1] they don't do Court and 2] they know they would lose in Court] the most he would be liable to pay them is £100 or whatever the amount on the sign says. He is not liable for the admin charges as that only applies to the driver-perhaps.If he kept his nerve, he would find out that he does not owe them a penny and that applies to the driver as well. But we do need to see the signage at the entrance to the car park and around the car park as well as any T&Cs on the payment meter if there is one. He alone has to work out whether it is worth taking a few photographs to help avoid paying a single penny to these crooks as well as receiving letters threatening him with Court , bailiffs  etc trying to scare him into paying money he does not owe. They know they cannot take him to Court. They know he does not owe them a penny. But they are hoping he does not know so he pays them. If he does decide to pay, tell him to wait as eventually as a last throw of the dice they play Mister Nice Guy and offer a reduction. Great. Whatever he pays them it will be far more than he owes as their original PCN is worthless. Read other threads where our members have been ticketed for not having a permit. [We know so little about the situation that we do not know if he has a permit and forgot to display it. ]
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endgame19

Care Parking ANPR PCN - Festival Leisure Park, Blackpool

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Hi

im after a bit of advice concerning a parking charge i received,

im on the second letter at the moment after politely declining their offer of payment within 30 days,

 

this happened after parking at festival leisure park and going to the pictures,

there are NO parking signs on the entrance and i had no idea there was a time limit in place.

 

This happened on the 1st of april and any advice would be appreciated.

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Hello and welcome to CAG.

 

Could you let us have the information requested in the forum sticky please? It will help us to advise you. The guys may have other questions, but this short questionnaire will be a good start.

 

 

Best, HB

 


Illegitimi non carborundum

 

 

 

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For PCN's received through the post [ANPR camera capture] 

 

please answer the following questions.

 

1 Date of the infringement   24/3/19

 

2 Date on the NTK [this must have been received within 14 days from the 'offence' date]   01/04/19

 

3 Date received   04/04/19

 

4 Does the NTK mention schedule 4 of The Protections of Freedoms Act 2012? [Y/N?] Y

 

5 Is there any photographic evidence of the event?   Y

 

6 Have you appealed? [Y/N?] post up your appeal]   N

Have you had a response? [Y/N?] post it up   n/a

 

7 Who is the parking company?  Care Parking

 

8. Where exactly [carpark name and town]   Festival Leisure Park, Blackpool

 

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

 

There are two official bodies, the BPA and the IAS. If you are unsure,

please check HERE

 

If you have received any other correspondence, please mention it here

 

 

copy the windscreen or ANPR section to your thread and answer the questions...


Illegitimi non carborundum

 

 

 

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Thank you for the information. I've copied and pasted the questions and added your answers in post #4 above and hidden your reply so as not to duplicated information.

 

HB


Illegitimi non carborundum

 

 

 

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can you scan up the NTK both side to one multipage PDF please

read upload


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read the Backpool Gazette dec 5th and 6th.

thye dont have planning permission for their equipment so they are breaking the law despite their assertions that they dont need it..

however there is a scheme where the cinema and restaurants sign off your visit to allow yo to stay beyond 3 hours so i would be getting in touch with the Odeon first and asking them fairly strongly to get this charge cancelled and remind them of the newspaper  interest in this and the lack of prominence within the cinema of how to use the pre-authorisation system.

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I was actually there 15mins over apparently and that was because the film over ran!

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my respnse still applies and doubly so

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There is a minimum 10 minute grace period, and as the film overran overstay was beyond your control, get on to Odeon as ericsbrother suggests, and also get on to gazette.


We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group

 

If you want advice on your thread please PM me a link to your thread

 

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you have a pop at anyone involved other than the parking co at this stage. Use social media to slag off the landlord and Odeon cinemas if they arent willing to help you

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You could also get on to the BPA in this instance.

They don't usually get involved but their own Director of Corporate Affairs has gone on record about this.

 

Don't mention the film running over as that gives them the option of saying you are asking for mitigating circumstances when you are not. You are just asking that BPA members observe BPA  guide lines since  that is partly why these parking companies are allowed data from the DVLA.

 

Remind BPA that by washing their hands on this incident it will lead to complaints to DVLA, ICO, MPs and the newspapers.

State that you fully expect them to observe their own rulings and cancel the PCN.

 

Do not say please or beg them to do it they have to stand by their own guide lines.

https://www.britishparking.co.uk/News/good-car-parking-practice-includes-grace-periods

 

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Hi thanks for the replys im going into the cinema this weekend and asking them to sort it out.

Is the best course of action still not to contact them directly about the ticket as they will then know i was the driver ?

As im also a type 1 diabetic with an insulin pump every time i go to drive i have to test my blood sugars are ok so i cant just hop in my car and drive off.

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why do you think we advise a course of action if we thought that doing anything BUT that was a better idea?

I would have got on to Odeon HO as soon as,

 

if you leave it to the weekend the chances are that you wont speak to the right person,

the person you do speak to will agree to help just to get you out of the building and it will all be forgotten about until it is too late.

 

get on to head Office and tell them that you have read all about the bandit parking co and what are they going to do about it before you go to the papers as they have failed to advertise things properly in their cinema ( that is within their realm even if the parking rules aren't)?

 

your last point is totally irrelevant, t

he BBC wont change the timings of the end of its programmes so you can quickly nip out and inject

so start to think about what this is,

a dispute over the ability of a company to offer you a contract.

 

It doesn't matter what that contract is for,

it could be for making you a suit or  delivering pizza,

 

the important thing is do they have the right to enter into a contract with you and set particular terms that are the binding on you?

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I will be phoning head office first thing in the morning to try and get this sorted out.

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Right just spoke to the odeon HQ and as i thought its nothing to do with them they cant get the ticket cancelled as they do not own the land and its not their car park,they say their are signs in the cinema(which there are,they tell you to speak to a member of staff if overstaying of which theyre werent any) and i would have to email the parking company and appeal!

He wasnt even aware they had been in the gazette before about this issue.

Onto the BPA now then.

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The BPA are unable to assist in individual parking ticket matters

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Does anybody think it worthwhile to contact the parking company and appeal this ticket now and see what they say?

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Don't appeal to the PPC at this stage, it would possibly be counterproductive and limit options down the road.


We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group

 

If you want advice on your thread please PM me a link to your thread

 

The bailiff: A 12th Century solution re-branded as Enforcement Agents for the 21st Century to seize and sell debtors goods as before Oh so Dickensian!

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Ive taken pictures of the car park in case this goes as far as they threaten and also the comments made by the counsellor in blackpool about the illegal cameras and also the guidelines by the BPA in march this year so we will have to wait and see where they would like to take this.

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Hi.

 

I think that's right, keep your powder dry and if they misguidedly decide to threaten court action we can advise you what to do next. Don't be tempted to get into letter tennis.

 

HB


Illegitimi non carborundum

 

 

 

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Thanks honeybee they've already threatened court in letter 2 😊

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Unless it was a letter of/before claim from one of the paperwork only fake/tame solicitors..it safe to ignore them all.


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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I take that you rang them up and the above was their reply? 

You have to understand that once a parking company has written demanding money from you they will not let go for months. They will use every trick and threat to try and force some money out of you even though they are well aware, as in your case, that no money is owed.

To try and stop them in their tracks I posted a directive from a Director of BPA about waiting times. Of course you are going to be fobbed off using the phone. You need to write to the Directors of the Company so that there is a paper trail and they are aware of the consequences of fobbing you off. Your letter should go something along these lines-

1] you have received a parking ticket from one of their members for leaving only  15 minutes over the allotted time. 

2] this is in complete contradiction to the time lines as advised by your own Director [and you should include the URL I entered on my earlier post.

3] as Care Parking have refused to cancel my ticket they are in breach of BPA guide lines which should mean that they are not permitted to have access to DVLA data according to your rules.

4] I would be grateful if you could kindly advise Care parking of their responsibility to adhere to your Regulations

5] you will appreciate that if your response to me is that you will take no action then a strong complaint will be put to  my MP, the DVLA, the ICO and the Press that if you are not prepared to stand by your own directives it calls into question your fitness to run such an organisation.

 

For extra weight you could copy in your local MP which means BPA would have to respond to them as well as you which might concentrate their minds a little more.

That has a much better chance than a phone call and could set a precedent for others in future. 

 

 

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social media regarding the ODEON as they have failed to warn their customers and it was their fault the film overran so they should either pay this bill for you or tell the landlord to tell the parking bandits to cancel.

If they dotn bite you let Odeon know that when you sue the parking co you will name them as co-defendants

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Thanks for all the advice and that sounds good lookinforinfo im going to write them a letter and see what happens,im not holding my breath though.

I did speak to head office on the phone and that was their reply.

Theres no way on gods earth they will be getting any money off me unless they take me to court and win which from the information available i think is highly unlikely but we will wait and see.

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