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    • Monika the first four pages of the Private parking section have at least 12 of our members who have also been caught out on this scam site. That's around one quarter of all our current complaints. Usually we might expect two current complaints for the same park within 4 pages.  So you are in good company and have done well in appealing to McDonalds in an effort to resolve the matter without having  paid such a bunch of rogues. Most people blindly pay up. Met . Starbucks and McDonalds  are well aware of the situation and seem unwilling to make it easier for motorists to avoid getting caught. For instance, instead of photographing you, if they were honest and wanted you  to continue using their services again, they would have said "Excuse me but if you are going to go to Mc donalds from here, it will cost you £100." But no they kett quiet and are now pursuing you for probably a lot more than £100 now. They also know thst  they cannot charge anything over the amount stated on the car park signs. Their claims for £160 or £170 are unlawful yet so many pay that to avoid going to Court. When the truth is that Met are unlikely to take them to Court since they know they will lose. The PCNs are issued on airport land which is covered by Byelaws so only the driver can be pursued, not the keeper. But they keep writing to you as they do not know who was driving unless you gave it away when you appealed. Even if they know you were driving they should still lose in Court for several reasons. The reason we ask you to fill out our questionnaire is to help you if MET do decide to take you to Court in the end. Each member who visited the park may well have different experiences while there which can help when filling out a Witness statement [we will help you with that if it comes to it.] if you have thrown away the original PCN  and other paperwork you obviously haven't got a jerbil or a guinea pig as their paper makes great litter boxes for them.🙂 You can send an SAR to them to get all the information Met have on you to date. Though if you have been to several sites already, you may have done that by now. In the meantime, you will be being bombarded by illiterate debt collectors and sixth rate solicitors all threatening you with ever increasing amounts as well as being hung drawn and quartered. Their letters can all be safely ignored. On the odd chance that you may get a Letter of Claim from them just come back to us and we will get you to send a snotty letter back to them so that they know you are not happy, don't care a fig for their threats and will see them off in Court if they finally have the guts to carry on. If you do have the original PCN could you please post it up, carefully removing your name. address and car registration number but including dates and times. If not just click on the SAR to take you to the form to send to Met.
    • In order for us to help you we require the following information:- [if there are more than one defendant listed - tell us] 1 defendant   Which Court have you received the claim from ? County Court Business Centre, Northampton   Name of the Claimant ? LC Asset 2 S.A R.L   Date of issue – . 28/04/23   Particulars of Claim   What is the claim for –    (1) The Claimant ('C') claims the whole of the outstanding balance due and payable under an agreement referenced xxxxxxxxxxxxxxxx and opened effective from xx/xx/2017. The agreement is regulated by the Consumer Credit Act 1974 ('CCA'), was signed by the Defendant ('D') and from which credit was extended to D.   (2) D failed to comply with a Default Notice served pursuant to s87 (1) CCA and by xx/xx/2022 a default was recorded.   (3) As at xx/xx/2022 the Defendant owed MBNA LTD the sum of 12,xxx.xx. By an agreement in writing the benefit of the debt has been legally assigned to C effective xx/xx/2022 and made regular upon C serving a Notice of Assignment upon D shortly thereafter.   (4) And C claims- 1. 12,xxx.xx 2. Interest pursuant to Section 69 County Courts Act 1984 at a rate of 8% per annum from xx/01/2023 to xx/04/2023 of 2xx.xx and thereafter at a daily rate of 2.52 to date of judgement or sooner payment. Date xx/xx/2023   What is the total value of the claim? 12k   Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ? Yes   Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? No   Did you inform the claimant of your change of address? N/A Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? Credit Card   When did you enter into the original agreement before or after April 2007 ? After   Do you recall how you entered into the agreement...On line /In branch/By post ? Online   Is the debt showing on your credit reference files (Experian/Equifax /Etc...) ? Yes, but amount differs slightly   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. DP issued claim   Were you aware the account had been assigned – did you receive a Notice of Assignment? Not that I recall...   Did you receive a Default Notice from the original creditor? Not that I recall...   Have you been receiving statutory notices headed “Notice of Sums in Arrears”  or " Notice of Arrears "– at least once a year ? Yes   Why did you cease payments? Loss of employment main cause   What was the date of your last payment? Early 2021   Was there a dispute with the original creditor that remains unresolved? No   Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? No   -----------------------------------
    • Hello CAG Team, I'm adding the contents of the claim to this thread, but wanted to open the thread with an urgent question: Do I have to supply a WS for a claim with a court date that states " at the hearing the court will consider allocation and, time permitting, give an early neutral evaluation of the case" ? letter is an N24 General Form of Judgement or Order, if so, then I've messed up again. Court date 25 May 2024 The letter from court does not state (like the other claims I have) that I must provide WS within 28 days.. BUT I have recently received a WS from Link for it! making me think I do need to!??
    • Massive issues from Scottish Power I wonder if someone could advise next steps. Tennant moved out I changed the electric into my name I was out the country at the time so I hadn't been to the flat. During sign up process they tried to hijack my gas supply as well which I made it clear I didn't want duel fuel from them but they still went ahead with it. Phoned them up again. a few days later telling them to make sure they stopped it but they said too late ? had to get my current supplier to cancel it. Paid £50 online to ensure there was money covering standing charges etc eventually got to the flat no power. Phoned Scottish Power 40 minutes to get through they state I have a pay as you go meter and that they had set me up on a credit account so they need to send an engineer out which they will pass my details onto. Phone called from engineer asking questions , found out the float is vacant so not an emergency so I have to speak to Scottish Power again. Spoke with the original person from Scottish Power who admitted a mistake (I had told her it was vacant) and now states that it will take 4 weeks to get an appointment but if I want to raise a complaint they will contact me in 48 hours and it will be looked at quicker. Raised a complaint , complaints emailed me within 24 hours to say it will take 7 days till he speaks with me. All I want is power in the property would I be better switching over to EON who supply the gas surely they could sort it out quicker? One thing is for sure I will never bother with Scottish Power ever again.    
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Declared Sorn on unadopted Road


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We live in a cul de sac where the road is tarmac. However, a section comes off the tarmac and is unadopted concrete. 

The road has 5 houses built on it and opposite is a parking area which is unadopted. The area is for our 5 houses as the road outside our house is narrow so we are unable to park outside. 

When I purchased the house the deed stated the parking area was the responsibility of the 5 House owners.

Now one of our neighbors who lives on a public road has declared his vehicle Sorn and parked it in our parking area. We have asked them politely to remove it. However, they refused. So my question, is there any way we can get it moved legally? 

Thanks

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No, unless the deeds state that this is your property, "your" meaning the 5 houses on a shared basis.

 

But if the road is just your responsibility without being your property (it is possible), for future reference, after he moves the car you could sneakily fit a barrier and give keys to the 5 homeowners only.

 

This would be a grey area nobody would be willing to get involved with and you'll be fine. 

 

My brother was in a similar situation when he moved to a maisonette in a cul de sac: barrier is still there 20 years later.

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drag the car out onto the pubic road

stuff all he can do if you all own the land

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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don't think the op will be doing anything wrong by doing that.

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Is this neighbour’s house one of the 5 with responsibilities for the unadopted parking area?

If not, have any of the 5’s owners given them permission?

Has he parked there before for a substantial period without (permission, secrecy, or force)?

 

that is more relevant than if their house abuts the road and/or the parking area.

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1 hour ago, BazzaS said:

Is this neighbour’s house one of the 5 with responsibilities for the unadopted parking area?

If not, have any of the 5’s owners given them permission?

Has he parked there before for a substantial period without (permission, secrecy, or force)?

 

that is more relevant than if their house abuts the road and/or the parking area.

No one has given permission. He has parked there before on and off. However, this is the first time he has declared sorn

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How long has he been parking there without permission (and without force or secrecy)

”(nec vi, nec clam, nec precario)”

https://www.gov.uk/government/publications/easements-claimed-by-prescription/practice-guide-52-easements-claimed-by-prescription

 

If his previous use has established an easement by prescription you are S.O.L

If not and he  has no permission : he is a trespasser. Tell your neighbours who have rights over the space that you are asking him to move, and if none disagree: tell him to move the car, or you will.

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Strictly speaking it isnt SORN as he doesnt have the necessary permission to park it there and no doubt it is uninsured as well.

Now you can remove the vehicle but you cant leave it on a public highway.

You might want to let the DVLA know about the not being SORN and the police know that the vehicle is in use as it cant stay on your land so therefore it has to be in use. I suspect that theywill find this too complicated and say "it is a civil matter sir" rather than seize the vehicle.

 

A practical solution is to slap a notice on it and if he doesnt move it in a fortnight have it towed away as abandoned. You will need to look up the relevant bit of the abandoned and nuisance vehicle regs to get the wording of the notice right. the council can do this and fine the bloke as well if you can get them bothered

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14 minutes ago, ericsbrother said:

Strictly speaking it isnt SORN as he doesnt have the necessary permission to park it there and no doubt it is uninsured as well.

 

For vehicle licensing purposes a SORN is valid as long as the vehicle is not used or kept on a public road within the meaning of the Vehicles Excise & Registration Act 1994 (nothing about permission).

For insurance purposes a SORN is valid as long as the vehicle is not used on a road or other public place within the meaning of the Road Traffic Act 1988 (again, nothing about permission).

So you can have the situation that a vehicle subject of a SORN, that is exempt from licensing  but not for insurance.

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