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    • Thanks DX - I wondered about the blacked out bits. That's their doing not mine obviously.   Attached is the exhibits part of the bundle. Sorry about this, no matter what I compressed the whole thing down to I got the oversize message, even if the filesize on my computer was showing as well under 4.8mb   The_exhibits-compressed.pdf
    • Thanks Bankfodder!   Hello again everyone.    I received my SAR back from Elderbridge and what and absolute load of **** it is!   1.  They did not send any transcripts or recordings of any phones calls  - both myself and my husband spoke to them in Aug 2016 (noted in their diary notes) and I called them in Dec 2018 (again noted in their diary notes) it was the same day they sent the reply even though they have mentioned me calling in their notes on that day, so not sure I should let that go or not!   I also spoke to them in July 2016 (again in the notes) and I spoke to them in Dec 2012 (again in the notes)    2.  Going through the diary notes in the beginning notes were sporadic mainly because we were making payment and everything was ok, then later as things changed there were notes almost once a month, then in NOV 2012 and Dec 2012 frequency of notes increase as this is when they began court proceedings.  and throughout 2013 again lots of notes made - mostly their in house stuff about court dealings and so on - so that's fine. then in NOV 2013 hey made a not re the court date in OCT - saying that they were ordered to treat the loan as having a fixed rate from inception and sent off etc.  BUT from 21 Nov 2013 to 17th June 2014 there are no notes at all!  Now the hearing was on the 10th Jan 2014!   17/06/2014 14:43 *****Substantial EVS costs to be added to any SF ****** 17/06/2014 14:43 EVS Defended + At the hearing on 10/01/2014 an SPO for 500 on 26/01/2014 and then CMI + £60 wef 26/02/2014 plus MJ for £103,331.03 suspended on the same terms. It was also held that we could add our costs - Defended costs on this case are £33,879.80. 17/06/2014 00:00 Reviewed Reviewed 17/06/2014 00:00 ***Defended Costs*****:To be added to any SF ***Defended Costs*****:To be added to any SF 21/11/2013 04:13 ADHOC Statement Printed From 03/10/13 To 13/11/13 Batch 2015 Sequence 28 Printed 13/11/2013 00:00:00   Above you can cleary see the gap then suddenly the first notes talk about the court case and costs etc, at the trial in OCT the judge reserved cost till the next hearing (also stated on the documentation from the court)  but then at that hearing in Jan 2014 we did not discuss costs - the 6 month gap I feel is very suspicious.    The final court document  dated 13th Jan 2014 says to pay the claimant £103,331.03 which is the amount outstanding under the mortgage and goes on to says order were not to be enforced as long as we pay etc.  no mention of costs at all - so they seem to just be adding them   3.   They sent a field agent to me in Jan 2018, I only knew this as on the 9th Jan 2018 I was working at home and heard the letterbox, thought it was the postman, went to the door to find an envelope shoved through the door with a letter in it saying they had been requested to visit me and that they called today but I was not in! and gave a number for me to call ( I saw the woman walking down the driveway - but she did not ring the bell! and I wasn't about to run after her!)   But in the notes they have written this utter lie!   30/01/2018 12:44 Field Agent Report Received The field agent visited the security address on three occasions. The customer was spoken to through the window. They refused to discuss and refused to answer the door. The contact number on file is not recognised. RFA - Not known Reasons for items not verified:N/A Details of variances of items outside of expenditure guidelines and reasons N/A Property is a detached house in good condation valued at £406,000. Equity not known. I actually cannot believe what I have read here! Can I ask them for some kind of proof of this, because I don't know who they are talking about but it certainly wasn't me!   4.  the documents they had sent me a joke, they have sent 77 documents in total, none of these are copies of letter from Elderbridge (which is who I sent the SAR to) all from First Plus and certainly not ALL of them, they have been bulked out by sending me copies of documents that I sent TO THEM for my court defence and there are strange Black boxes over some of the text!? which I don't understand!     After receiving this info from Elderbridge I decided to send a SAR to Barclays and I got a small package with a couple of letters, some diary notes and screen shot of the account, as well as a short statement of account. This was for our ORIGINAL loan from Feb 2006,  (we topped it up in June 2006) and the first one was closed.  The second one is the one that has been transferred to Elderbridge but Barclays seem to know be denying ALL knowledge of it! and I know that they still hold the beneficial interest of these loans and that Elderbridge regularly contact Barclays for help and advise - I have contact with other account holders who have diary notes from Elderbridge showing contact to Barclays!..   This week I also had a reply from the FOS (only from an adjudicator not an ombudsman) and his initial opion is that it's ok for Elderbridge to claim the costs as we defaulted, he seems to be ignoring my argument that the relationship is unfair etc but I will be sending this back and asking for it to be looked at by an ombudsman.   But was hoping that someone here could give me any advise re all of this - sorry I know it's a lot!!
    • why all the blanked out stuff in the parking contract? and no proof its paid this year either?  
    • pop the exhibits as a sep file i'll merge them for you
    • Thanks.   I've managed to reduce the file size and deleted from this copy all of the pages of photos and copies of the signs. Just their witness statement and the photos of the car parked up remain.   They say "My company relies on Parking Eye v Beavis (2015) in which it was accepted as an established principle that a valid contract can be made by an offer in the form of the terms and conditions set out on the sign and accepted by the driver's actions as prescribed therein"   Is there a refutation to this case anywhere? Or do I not argue that  and just refer back to EB's earlier post and focus on the signs?   "What you are writing is roughly your side of events and referring to the evidence you can provide so that will include their signage, any evidence or lack of authority for them to offer anything, their paperwork if that doesn't create a liability, the POFA where the vital phrases have been missed by the parking co or the timescales missed.   then you pick holes in the wording and substance fo their claim, for example, contractual sum or breach of contract - they are different. are they claiming from you as driver or keeper, cant assume they are one and the same.   What about the amount claimed? it will invariably include unicorn food tax so if they are saying keeper ia liable they are limited to asking for the amount shown on the NTK and you should make this clear as it helps damage their assertion that driver and keeper liability are the same thing   As they havent responded to your CPR request for documents you can start off with that but it isnt a golden bullet, "   thanks Bundle_the_approved,_signed_statement_with_the_exhibits-_Reduced.pdf
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Grease monkey 1234

CEL 2xANPR PCNs -ambourne house , bridge cross road Burntwood ws7 2bx

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Hi , 

i have been reading on your site about other people’s pcn been given out and been cancelled. 

 

Im new to all this and never had a one before but from reading on this site the car park is poorly signed . 

 

I got a ticket the other day and was two minutes over my free 20 mins

 

I used the car park again the next week and got another one 4 mins over my free 20 mins

got both pcns at the same time through post . 

 

Is there any leeway on being over a couple of minutes late ? 

 

Any info would be useful as I haven’t replied to these letters yet 

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as you have read some of the threads perhaps you have come across the term "grace period".

 

This allows you a minimum of 10 minutes to park up, read the signs put money in the meter etc

plus if you are stuck queuing to get out after parking then that time doesnt count as the contract is for parking, not waiting.

 

Now dont be in a hurry in wanting to appeal, Star parking is run my a couple of people whose name doesnt appear on the list of directors at Companies House and are well known to us and judges ocross the land.

 

Can you post up scans of the letters you have received and tell us the exact dates and times of the events and the exact dates you got the NTK's (charge notices)?

 

If the place is local to you then pictures of the entrance to the land from the public highway and any signs at the entrance plus any different signs in the car park itself will be telling.

 

these people do have a habit of suing motorists, adding extraordinary imaginary additional charges and then dropping the claim when you dont wet yourself and pay up.

 

again this is known by the courts system so you can end up having a chat with a judge in chambers about what they think of it all as you work out your expenses for their no show.

 

However, we dont want it to go that far normally so the above info will help us help you knock this on the head.

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Please complete this for each pcn

 

 


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

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 a quick streetview look at the entrance, there is a sign on the wall that says pay at machine , see signs for details.

 

that is what is known as an "invitation to treat". If it was a contract them they are stuffed because there is no mention on that sign about nay of the core terms they wish to rely on so they dont exist. now the good things about invitations to treat is they dont bind you to the offered contract so you can park and decide to reject the con5tract on the signs, you have already been invited in.

 

The standard explanation of an invitation to treat is as follows. I run a clothes shop and outside have a big sign saying "50% off most items". Now you come in and try on a pair of trousers and ask how much? i say that they are not in the sale and you decide not to buy them. the offer of the signs outside merely invites you in to have a look, inspect the goods and make further enquiries botu the offer and then if you like what I am selling agree terms ( sale offer or no sale offer) and pay me and I give you the item. Neither of us are bound to the contract until the money is in the till, I dont ahve to sell you stuff at 50% off and you arent forced to buy a pair of trousers just ebcause you tried them on. I cant charge you for heat and light for them shop when you dont buy anything.

 

the same goes here, you didnt accept their offer and left. if you had fed the machine  them you become bound by the terms (usually the blurb on the parking meter)

 

These peopel are too thick and too greedy to care about the law, they hope to scare you into paying up. Bit like me following you home and threatening you through your letter box about not buying trousers so owe me money.

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Hi , details as follows :

 

date of infringement 30th may

 

date received 10th june

 

letter does mention schedule 4 protection of freedom act 2012

 

two photos sent of car entering and leaving carpark

 

i have not appealed 

 

sign says star park at bottom as company website

 

car park is called lambourne house , bridge cross road Burntwood ws7 2bx

 

body running site iS bpa , it says on bottom of sign 

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images removed

please don't post large images directly to posts

use PDF 

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

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notices not POFA compliant, they havent even bothered to try and get it right.

note that they say that CEL is the creditor but Star parking are the company that offers the contract.

There is no third party liability and I bet the landowner doesnt know that Star have shunted the liability to CEL.

 

If Star have obtained your keeper details they cant pass them on to CEL and  if CEL have obtained the details then as they dont have a contract they have obtained them without reasonable cause so in breach of the GDPR.

 

You need to write to the DVLA and ask who obtained your keeper details, when and what was the reason stated.

There is a particular office this enquiry should be addressed to and if you send the request elsewhre they will try and avoid giving you a straight answer.

 

DO NOT APPEAL, not now or ever with this company, let them spend their money on chasing you, they are dishonest so will ultimately get thrashed by you later but for the moment you keep quiet and get all of your info collected.

 

So we need to see the signage in close up.

As there is at least 3 differetn signs you will need to look for all different versions and make a note of how big the signs are and where they are located.

 

We also need pictures of the ticket machine and associated blurb

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Ok the last picture is the sign I saw on Goggleyes so that is either the contract and it is too vague to offer anything or it is an invitation to treat and all other signs can be ignored. First signs says CEL, the rest say starpark. 2 companies cant run the site  and I bet that the landowner hasnt given authority for one of them to act as an agent to the other

 

Now when it comes to payment there is no mention on the machine anything about paying anyone a heap of cash for anything so again it makes the other signs redundant.

 

The contract is formed when you feed the meter because that is the only time it can be proved you agree to the terms (or you wouldnt feed it).

 

CEL like to go as far as issuing court claims but then drop it if you dont wet yourself and pay up. they havent attended court for years and when they last did got absolutely chewed up over forgery and lies.

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Yes,  that can be used to hit them where it hurts later on or if you want to sue them for breach of the GDPR.

 

Now you might want to ask the DVLA who has accessed your keeper detaisl and why and also ask the council if Starpark have planning permission for their equipment and signage.

 

The BPA CoP state that their members MUST have all permissions even though POPLA doesnt recognise that PP is needed for anything. If they dot have the permissions then they are in breach of the code and that means they have lied to the DVLA to use the KADOE system, hence the breach of the GDPR.

 

If Starpark are garnering info for CEL that is a breach of the GDPR and KADOE contract as well, even if it may be allowable under the contract with landlord (unlikely)

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Hi , thank you for all the info so far , I will contact the Dvla next to find out where they obtained my details  from . I’m unsure now what to do as my 14days is due up and appeal against it or leave it ? I guess I will have more letters from them threatening court action? 

 

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post 8 by EB......

 

DO NOT APPEAL, not now or ever with this company, let them spend their money on chasing you, they are dishonest so will ultimately get thrashed by you later but for the moment you keep quiet and get all of your info collected.


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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And don't worry about losing the discount either -you won't be paying them a penny-just follow dx100 and EB's advice 

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Update , I have now received the next letter from CEL and uploaded for you . 

I am still waiting for reply off the council about the camera and permits . 

The bottom of the letter worries me about sending third party agents now . 

Please advise cheers . 

Saved Photo.pdf

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how much power has a DCA got in the uk?

 

 


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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as their claim to create a keeper liability when there isnt one is a lie why would you worry about a smaller lie about third party agents?

If your bird of prey you keep for fox hunting attacks them there is no liability on your part unlke your dog biting them. In NI you can keep a lion without a licence and cats being wild animals are again not your responsibility if they bite a doorstepper.

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