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    • it a minimum of 10 mins NO max.   shame you appealed..why didn't you read cag FIRST. shot yourself in the foot now as you've I'D the driver.   pointless using Popla now.    
    • So you saying dx100uk that they have the right to fine me (my driver) for stopping Meyer in front of zebra crossing for like 30sec just because it’s they land ? 
    • yes you can: https://www.gov.uk/universal-credit/other-financial-support
    • thats the point of a LBL!!…. they DONT need any court approvement to enforce it..   as long as the bill of sale has been correctly registered  there is quite frankly stuff and all you can do to prevent losing your car. http://www.consumeractiongroup.co.uk/forum/showthread.php?452164-Log-Book-Loan-Guidance&p=4791345#post4791345 from my notes. [prob same as above! >>>>>>>>>>>>>>>>>> logbook loan repossessions are not always legal,  . if linked to a CCA agreement or if the BOS has not been registered with the high court. . If BOS registered then yes they can reposses,  but have to show registration and debt details. Registration  A bill of sale can only be enforced if it was properly registered.  Since this is an expensive and difficult process,  it is rare that this actually happens.  However, failure to register the bill of sale renders it void,  and so renders any security on goods void. .  Consequently, before allowing any creditor to gain possession of your goods,  ask to see a registered copy of the bill showing the supreme courts seal. .  You can also call the national debt line, and ask them how to search the registry yourself. .  Also a valid DN must be issued. . If linked to a CCA then can not reposses if on private property without a court order  ( but can if on public road and under a third has only been paid ). . Over a third, they need a court order wherever it is. . check for...[BOS] . Not Registered With The High Court In 7 Days not registered AT ALL!  . Credit Agreement Details Not On The Bill Of Sale You should also check that the name on the registration documents  matches the name of the person who signed the BOS On occasions these cars get sold on several times . how to check: . email:QBEnforcement@hmcts.gsi.g ov.uk.[no spaces] . ring:020 7947 7772  . write: QB Enforcement Section,  Room E15-E17,  Royal Courts of Justice,  Strand, London, WC2A ... . ideally you need the BOS number . however they can search by the Reg Number . ...............  also see: http://www.fca.org.uk/firms/firm-types/consumer-credit/consumer-credit-research/logbook-loans ..... Do you have a problem with a Logbook Loan?  With Citizens advice estimating that over 60,000 of these loans were taken out in 2014 alone  an increasing number a causing severe difficulty and distress for borrowers. .  In this guide we explain what a logbook loan is, and how they work.   What you can do if you have a repayment problem,  and what you can do if you have unknowingly bought a car with a logbook loan attached. .  Three golden rules for Logbbok Loans .  1)No matter how desperate you are to purchase a car, or raise cash,  NEVER consider this type of Finance  These loans are designed purely for the benefit of the lenders.  With APRs of 400+%, little consumer protection, and aggressive debt collectionicon practices  they should be avoided at all costs. .  2)When purchasing a used car from whatever source,private or trade,  ALWAYS do a FULL GENUINE HPI CHECK costing around £20,  these come with a guarantee against any form of existing finance, including lbl's .  3)If you have any problem with a Logbook Loan,  your first step is ALWAYS to check that the Bill Of Sale has been registered  with the High Court. You can do this here- .  to check if registered .  Contact Details .  QB Enforcement Section  Room E15-17  Royal Courts of Justice  Strand  London  WC2A 2LL  DX 44450 Strand .  Telephone: 020 7947 7772  Fax: 0870 324 0024  Email: QBEnforcement@hmcts.gsi.g ov.uk .  You may read on the internet that your BOSicon will be void if witnessed by your lbl lender .  Since the OFT( as was) lost the attestation case on appeal by 2 to1 this is NOT the case .  full details here http://www.bailii.org/cgi-bin/markup...method=boolean .  Logbook loans are a form of credit dating back to the Victorian era,  derived from the 1878/1882 Bills Of Sale Acts, with terms and conditions to match in many cases. .  Problems are many fold from extortionate charges by lenders for calling a customer,  to repossessions where owners have been left at the side of a busy road,  unable to get to work, and even sexual harassment via debt collection. .  Poor practices abound, unsurprising when there is no incentive for lenders  to ensure their customers understand the terms or can afford the repayments.  In fact the very nature of this form of finance could be seen to encourage bad behaviour  – why carry out affordability checks if a single missed payments means you get to keep   the money and takeaway the car? . .  How does it work? .  When you take out a logbook loan you will be asked to hand over your vehicle’s logbook  or vehicle registration document, which proves you are the registered keeper of the vehicle. .  You’ll also have to sign a credit agreement and a form called a ‘bill of sale’.  This means the lender now owns your vehicle on a temporary basis  but you are still able to use it so long as you meet all loan repayments.  . These documents are recognised by law in England, Wales and Northern Ireland  but are not used in Scotland. .  The law only recognises a bill of sale if the lender registers it with the High Court.  If it’s not registered, the lender must get a court’s approval to repossess your vehicle.  . You should check if the bill of sale is registered. .  What you should do if you have a repayment problem .  1) check your Bill Of Sale is registered as above .  2) the lender must send you a default notice which complies with the requirements of s87(1)cca1974 .  allowing you fourteen clear days to remedy any default (which can be after one missed payment) .  You should , if your lender will not negotiate a reduced payment, straight away on receipt of the dn .  look to take out a time order. This gains you the protection of the court, which can look into the overall loan-- https://www.nationaldebtline.org/EW/...t/Default.aspx .  What you can do if you have purchased a car with an existing logbook loan .  If you receive a letter threatening to repossess the car or an enforcement officer  turns up at your home to take it, you may not be able to stop them.  . •ask to see proof of their identity and their authorisation to take the car •ask to see the bill of sale document – they have to show you this if you ask for it •if you feel threatened by how an enforcement officer is behaving, call the polic •ask for written confirmation of what has been taken •get the contact details for the logbook loan company. . If the lender has taken your car, you can try to get it back  and reclaim your money from the seller.  However, this can be a costly and time-consuming process and is not guaranteed to succeed. .  If you want to get the car back, you could pay off the outstanding loan  and then take the person who sold you the car to court, to try to get your money back.  .  If you just want to get your money back, you can take the person who sold you the car to court.   Always get independent advice before you decide to take someone to court. .  Some lenders are members of the consumer credit Trade Association (CCTA),  which has a code of practice covering logbook loans.  The code of practice says the lender must register the logbook loan on a register,  so it will show up when you carry out a history check on the car.  It also says they must obey certain rules when they repossess a car. .  If you are unhappy with the way a logbook loan lender or its enforcement officers have behaved,  find out whether they are a member. If so, you can complain directly to the CCTA. However this code is regularly ignored . http://www.ccta.co.uk/content/our-code.aspx .  Finally both the Financial Conduct Authority and the Law Commission are investigating  Logbook Lending  and the associated legislation,  full details here-- . http://www.fca.org.uk/firms/firm-typ.../logbook-loans . http://lawcommission.justice.gov.uk/...ls-of-sale.htm . for anyones info, you must act immediately on receipt of a default notice . What you should do if you have a repayment problem .  1) check your Bill Of Sale is registered as above .  2) the lender must send you a default notice which complies with the requirements of s87(1)cca1974  allowing you fourteen clear days to remedy any default (which can be after one missed payment) .  You should , if your lender will not negotiate a reduced payment, straight away on receipt of the default notice look to take out a time order. This gains you the protection of the court, which can look into the overall loan-- . https://www.nationaldebtline.org/EW/...t/Default.aspx Bills of Sale Act does not apply in Scotland, just to reassure you from the Money Advice Service *Taking out a logbook loan in Scotland*   In Scotland, ‘bills of sale’ cannot be used as security and are not legally binding.   Lenders in Scotland are therefore likely to be operating under different credit arrangements.   If the logbook loan is a ‘hire-purchase agreement’ or a ‘conditional  sale’, your consumer rights and protection under the Consumer Credit Act  1974 will apply. . worth a read http://www.consumeractiongroup.co.uk/forum/showthread.php?472038-ACF-THe-funding-Corp-illegal-repo-now-DCA-Chasing-loan&p=4972172#post4972172 . dx  
    • Can someone please help. I received a money claim and the trial is coming very soon. The claimants are the landlord, sent out a late payment warning letter in 2016, no warning letter has been received since.  I received a money claim against me in December 2018 without a letter before action.  The claimant is claiming breach of contract and they have submitted an agreement with their claim form that I think is invalid because it was created in 2015. We have a newer agreement that was signed in 2016 but the claimants have always denied this.  Today on their witness statement, they have attached this agreement date 2016. Would this make the 1st agreement invalid and would this be enough to get the claim thrown out of court? Any help would be greatly appreciated. Thank you! 
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CofiwchDryweryn

UKCPS Parked Outside Marked Bay KIRKBY main car park - free 3 hours max

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The keeper has received a letter to keeper about not parking in a marked bay by UKCPS.

 

How does the keeper fight this.

 

Managed to covert the letter and here it is ...

 

 

For completion this was manual NPR not ANPR so ...

 

 

please answer the following questions.

 

1 Date of the infringement 12/08/2019

 

2 Date on the NTK [this must have been received within 14 days from the 'offence' date] 14/08/2019

 

3 Date received 15/08/2019

 

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

 

5 Is there any photographic evidence of the event? Inconclusive

 

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

Have you had a response? [Y/N?] post it up No action taken yet

 

7 Who is the parking company? UKCPS

 

8. Where exactly [carpark name and town] KIRKBY main car park - free 3 hours max

 

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

 

UKCPS Parked in Unmarked Bay.pdf

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now how is anyone supposed to amke sense of what they are saying, they say parked outside of marked bay in Kirkby but as they didnt slap a ticket on the car i would say that they have failed to properly identify the land they manage as Kirkby with a population of 40,000. Does that mean they have signed a contract with everyone there or have they just screwed up? ( we know, we know)

 

The photographic evidence is garbage and that is another POFA fail.

The amount  outstanding on the invoice is stated as £60 but later on they say that they want £100 so that presumes that someone has already paid the difference of it can never be owed. Another POFA (and accounting) fail.

 

What would be useful is pictures of the entrance to the site from the public highway and of any signs there plus any different signs around the site. If thereis no sign at the entrance then we want a picture showing that as evidence you werent offered any contract and that is relevant because of where you parked.

 

As they are IPC members there is no point at all in appealing so get your pictures as soon as possible so you can bash them when the time comes. In the meanwhile ignore any letters they or their tame DCA's send other than a proper letter before action and that will be from Gladstones solicitors who coincidentally are also the IPC  so dont splutter in your cornflakes about this conflict of interest

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 we want pictures of the lack of signage as well as close ups of the signs. When I say close ups I need to be able to read the small print on the IPC  logo because there are 2 IPC's the International Parking Community and the Independent Parking Committee.

The latter is a spoof by someone who registered the name under the noses of Will and John of Gladstones who are also the IPC and forced them to change thier name to the former from the latter.

If the sign logo reads independent paking committee then the sign breaks the law and no contrcat can be formed and the parking co cant legaly apply for your keeper details.

This small point may be enough to get them to drop their claim later on as Will and John will be too embarrassed to continue when they have publicly stated they will sue any using the old name in relationship to their activity

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OK

piccies of site entrance in your own good time then

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Posted (edited)

Committee on sign, Community on letter

Edited by CofiwchDryweryn

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You keep this info and evidence tucked away somewhere secure it will be very useful much later on.

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MSE suggests the following response regardless of alleged contravention ..

 


Re PCN number: 

I dispute your 'parking charge', as the keeper of the vehicle. I deny any liability or contractual agreement and I will be making a formal complaint about your predatory conduct to your client landowner and to my MP.

There will be no admissions as to who was driving and no assumptions can be drawn. Since your PCN is a vague template, I require ALL photos taken and an explanation of the allegation and your evidence, i.e.:

- If the allegation concerns a PDT machine, the data supplied in response to this appeal must include the record of payments made - showing partial VRNs - and an explanation of the reason for the PCN, because your Notice does not explain it. 

- If the allegation involves an alleged overstay of minutes, your evidence must include the actual grace period agreed by the landowner. If you fail to evidence the actual grace period that applies at this site or suggest that only one period applies, this will be disregarded as an attempt to mislead. In the absence of evidence, it will be reasonably taken to be a minimum of twenty minutes (ten on arrival and ten after parking time) in accordance with the official BPA article by Kelvin Reynolds about 'observation periods' on arrival being additional and separate to a 'grace period' at the end.

- in all cases, you must include a close up actual photograph of the sign you contend was at the location on the material date.

Formal note:
Should you later pursue this charge by way of litigation, note that service of any legal documents by email is expressly disallowed and you are not entitled to assume that the data in this dispute/appeal remains the current address for service in the future.

Yours faithfully,

 

Photo on letter proves nothing

 

https://imgur.com/gallery/Ye8VTe1

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no we don't adhere to that advice neither the court defences they use.

 

 


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not really, just correct and incorrect way to address things

each to its own.

but its not a good idea to ever crack a walnut with a sledge hammer when you wantto actually eat the nut inside.

 

CAG and parking prankster are worthy reads esp prankster site

there you'll get the truth...


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Appealing usually ends up with the dirver being identified and the protection of POFA is lost.


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8 minutes ago, brassnecked said:

Appealing usually ends up with the dirver being identified and the protection of POFA is lost.

 

The MSE template does not identify the driver.

 

The driver will never be identified.

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No that doesn't but often if someone does their own appeal, they do usually before they have looked anywhere for advice.


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9 minutes ago, brassnecked said:

No that doesn't but often if someone does their own appeal, they do usually before they have looked anywhere for advice.

 

The driver in this instance will not say a word.

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regarding report

location is fine.

not to worry.

 

dx

 


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This Seems better, even if ignored because it tries to address the issue ...


Re PCN number: 

I dispute your 'parking charge', as the keeper of the vehicle. I deny any liability or contractual agreement and I will be making a formal complaint about your predatory conduct to your client landowner and to my MP.

 

There will be no admissions as to who was driving and no assumptions can be drawn. Since your PCN is a vague template, I require ALL photos taken and an explanation of the allegation and your evidence, i.e.:

 

- As the allegation is regarding being parked outside of a marked bay i require proof, including all photographs taken. The picture in the letter does not show anything apart from the front of my vehicle and the shadow of the person taking the photo.

 

- photographs showing how long the vehicle was parked in alleged contravention as there is a grace period to read the signs and move if required.

 

- you must also include a close up actual photograph of the sign you contend was at the location on the material date.

 

- the driver denies the alleged contravention

 

Formal note:
Should you later pursue this charge by way of litigation, note that service of any legal documents by email is expressly disallowed and you are not entitled to assume that the data in this dispute/appeal remains the current address for service in the future.

Yours faithfully,

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Someone has been very friendly on facebook and provided the following ...

 

MY Name

My address
Xxxxxxxxxxx

Today’s date xxxxx

PCN number: xxxxxxx 


Dear Sir / Madam, 

I am in receipt of a Notice To Keeper in relation to vehicle registration number XXXXX

 

This debt is denied.

 

I am the keeper of the above vehicle but am under no obligation to identify the driver as you have failed to comply with a number of criteria outlined in  Schedule 4 of the Protection of Freedoms Act 2012 as outlined below. : 

 

1. No period of parking shown or provided. 


2. No evidence to support your claim that a breach of terms and conditions occured.


3.  " KIRKBY" is not "relevant land"  and could in fact be anywhere
( as paragraph 9, 2 (a)

 

Notice To Keeper states that this alleged debt remains unpaid. Please explain how it remains unpaid when this is the first and only corrospendence recived?

 

This wording suggests a NTD was affixed to the vehicle, if this was the case then the Notice To Keeper has been sent before 28 days so you have failed to comply with PoFa by obtaining keeper details before 28 days.  I will be sending DVLA a SAR to clarify this to find out when keeper details were requested. 

 

If this PCN is not cancelled then please be aware I will not enter into any further correspondence with yourselves or your appointed debt collection agency.  

 

Should you still pursue this matter then provide an unredacted copy of the contract between yourselves and the landowner showing proof of your jurisdiction to issue parking charges in this area.

 

Please cancel this and do not contact me again other than to confirm this has been cancelled. Any further correspondence from you will be considered harassment and will be reported to the appropriate authority. 


Yours faithfully, 


Registered keeper 
[Xxxxxx name]

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Date of infringement 12/08/19

 

They have 14 days to get a compliant NTK to you if no ticket attached to vehicle. Send that appeal now and they just correct their NTK (with a mental "thanks for the heads up") and send you a compliant one.

 

Less is usually more - keep your powder dry.

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nice friend...NOT!!


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

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Single Premium PPI Q&A Read Here

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The CAG Interest Tutorial Read Here

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Posted (edited)
1 hour ago, Mrs O'Frog said:

Date of infringement 12/08/19

 

They have 14 days to get a compliant NTK to you if no ticket attached to vehicle. Send that appeal now and they just correct their NTK (with a mental "thanks for the heads up") and send you a compliant one.

 

Less is usually more - keep your powder dry.

 

So when best to send it then?

 

surely they cannot reissue if they mess up?

Edited by CofiwchDryweryn

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30 minutes ago, dx100uk said:

nice friend...NOT!!

 

The points look good to me. Whats the problem?

 

Driver is not identified.

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Mrs 'O Frog has put it as plainly as possible. An appeal is useless they are members of the IPC, Gladstones in another frock, you willl lose your appeal. Again it's your choice but we would advise not appealing.


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Sending nothing in at all seems counter intuitive though.

 

Do I just keep the POFA breach for court?

 

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