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    • Ahh, discussion thread. Thank whoever. Forgotten what the points were  now, I will read and get back later.
    • I have completed answers as noted above.   Name of the Claimant ?  IDEM Capital Securities Limited Date of issue – 12 Nov 2019   What is the claim for – the reason they have issued the claim? a)      A credit card agreement made between MBNA Europe Bank Limited and the cardholder b)     Claimant purchased the balance on the account on xx/2016 c)      Cardholder accrued balance £5500 d)     Cardholder defaulted on payments e)      Claimant issued formal demand requesting payment on xx/2019 f)       Amount now due £ 5500 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 What is the total value of the claim? £6000 (now including fees) Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account?  Credit Card Do you recall how you entered into the agreement...On line /In branch/By post ? By post When did you enter into the original agreement before or after April 2007 ? July 1995 Is the debt showing on your credit reference files (Experian/ Equifax /Etc...) ? Yes 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.  Debt Purchaser Were you aware the account had been assigned – did you receive a Notice of Assignment?  Yes Did you receive a Default Notice from the original creditor?  Yes -though I am unable to find a copy Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ?  Unsure Why did you cease payments? Advised to as there was no enforceable CCA What was the date of your last payment? Feb 2019 Was there a dispute with the original creditor that remains unresolved?  Unsure Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan?  Originally informed MBNA that we were in difficulty and arranged a payment plan with them, they later sold the debt to Britannia Sarl (?) and we continued with the same payments, this was then sold to Moorcroft and we again continued the same payments. At some point later we contacted Moorcroft to advise our circumstances had changed and we offered a lower payment.  We were asked for income and expenses which we didn’t provide as we had contacted a debt help organisation who helped us work out what we could afford, however we did receive a letter on another debt at the same time accepting a lower payment (the circumstances were exactly the same – MBNA debt, sold to Britannia, sold onto Moorcroft) We continued with the lower payments.  In the last year we discovered that all our other debts were no longer showing on our credit files but this one was showing as continual defaults month on month. We contacted IDEM to ask why and they said the previous DCA hadn’t agreed to the lower payment and therefore we were continuing to default. At this point I sought advice from CAG and they advised me to ask for the CCA. I received a photocopy of the original application form and a page of Terms and Conditions that I was advised by CAG were not a CCA and I should stop paying.   I further received a pre-action protocol which I completed and returned and in response I received a notice of assignment, account statement and default notice  as I had requested, but they ignored the fact that I said they had provided an unenforceable CCA.
    • Just to update no reply from Marston regarding letter no further visit as yet.    
    • said that many times already.   time to move on me thinks   dx
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FiatPanda

VCS windscreen PCN PAPLOC Now Claimform - Canley Railway Station, Coventry.CV5 6BH

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A few years ago on this forum I took the advice of ignoring a PCN which as predicted eventually went away.

 

In May this year I received a windscreen notice form myparkingcharges and I decided to do nothing and see what happened.

It seems that there is a more tenacious follow up these days.

 

(Briefly: A small full car park for the local railway station. 

My tiny SMART car will fit into a small space which is too small for most cars but is not marked with white lines in the way other spaces are.

I have parked there before without incident and actually thought I was doing a good turn by saving the big spaces for more average sized cars).


Today I have received a Letter Before Claim and am now not sure what to do.

My instinct is to pay the initial £60 charge but it seems that may not end the matter.

I have read about an SAR which I need to submit - would it mean a letter something like this?:

 

Thank you for your letter dated **/08/2019. 

Please can you let me have a copy of all photos taken

Please provide me with a copy of all letters on this subject.
Please send me a PDT machine record from that day including payments made 

A copy of all data held, all evidence you will rely on, and a full copy of the PCN and NTK
A  list of all PCNs you consider are outstanding against me and/or this VRN, 

 

Is this correct?

I would rather just get rid of this and pay the initial £60 but as the bill is now £160 it is a lot of money to lose.

 I have tried to read through all relevant threads but would really appreciate some easy to follow advice.

If I can get away with £60 I would be OK but obviously would rather not pay at all.

 

Thanks in advance.

 

 

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Hi, welcome back.

 

Could you post up the questions from the forum sticky together with your answers so we can advise you please? It's best to wait until the guys have looked at your information before you start writing as it could end up as pointless letter tennis.

 

 

HB


Illegitimi non carborundum

 

 

 

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Thanks for the swift reply.

These are the answers to the questions on the sticky:

It was a windscreen 'Red Square': ATTENTION DOCUMENT ENCLOSED.

It was followed up 9 days later with a Parking Charge Notice/Notice to Keeper

 

1 The date of infringement? 20/05/19

 

2 Have you yet appealed to the parking company yet? No

 

  If you haven't appealed yet - ,.........have you received a Notice To Keeper? (NTK) [must be received by you between 29-56 days]

what date is on it.   RECEIVED on 01/06/2019

 

Did the NTK provide photographic evidence? Only of the car registration plate. Not of the parking bays

 

3 Did the NTK mention Schedule 4 of the Protection of Freedoms Act 2012 (PoFA) NO

 

4 If you appealed after receiving the NTK, Not applicable

 

5 Who is the parking company? myparkingcharge

 

6. where exactly [Carpark name and town] did you park?  Canley Railway Station,Network West Midlands,Canley Station,Canley Road.Coventry.CV5 6BH

 

The car was only parked for minutes as I was being dropped off at the Station by a neighbour who was using my car. She just walked with me to the station to help with my luggage. The car park is free. My tiny SMART car was in a small space that would not accommodate bigger cars. The car park was full and we were only a few minutes as I was catching a train. 

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really they think they can over rule railway byelaws now too..!!

 

 


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scan up your NTK to one PDF please

read upload

bet you were there<10mins anyway.

 

in all effect it matters not as I expect [you need to check on planning portal of council]

the car park land is owned by the railway co. so byelaws rule.

 

dx

 


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Can you confirm the car park? They are saying a business park on the ntk. Need to establish if it's railway land covered by byelaws or not.

 

Have a look on the website and see what photos they have. Have they given you observation times?

 

Get your own photos of the site. Entrance, overall plan (inc sign locations) where you parked. We could do with a close-up of the signs. Need to read the "naughty list" and small print. 

 

The parking charge was £100, discounted to £60 for early payment. VCS aren't likely to be offering the discount again any day soon. The extra £60 that's gone on top of the £100 can only be claimed from the driver, not the keeper. Don't tell them who was driving and the most they can claim is £100. As it's VCS they will keep at this like a dog with a bone, but you should be able to swat it away with the right response at the right time - which isn't yet. For now, gather the info, let us have it, but otherwise sit tight.

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That is very helpful Mrs O'Frog. We will collect all the relevant information and post it tomorrow or Thursday. Thx.

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You said there was a notice attached to your car on the day-did you keep it or can you at least post up the gist of it.

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I have loaded the photos from the car park and the various notices.

To answer Mrs O Frog's questions:

The sign at the entrance to the car park indicates it is Canley Station Car Park provided for rail users only. It is under the 'banner' West Midlands Network and refers to West Midlands combined authority. I am not sure whether it comes under railway land byelaws. There is a road between the station and this car park so it is not right next to it. About a 30 second walk.

 

The driver/ vehicle does not come under the full terms and conditions for 10 minutes. I do not know what evidence there is that the car was there for longer than 10 minutes. I was reluctant to follow the links on their initial windscreen notice to their website for fear of incriminating myself. Is this where there might be more evidence/photos and if so am I 'safe' to take a look?

 

The signage does clearly say parking only in marked bays- we chose to park for a short time in a small space next to the bays thereby freeing up space for other cars. My car is so small it easily fitted in the space - my bonnet facing the wall and the rear end lined up with the other cars. It did not block anything including the Park and Ride sign on the wall.

 

it is obvious taking a closer look that there are cameras trained on that area no doubt to catch people out when the car park is full and there is no other choice but to take a risk and park where they shouldn't. There are no other alternative car parks nearby so not being able to park means missing the train. 

 

As this is a free car park for users of the station presumably catching people out is the only source of income and why cameras are positioned where they are.

 

The Privacy notice is also clear.


I look forward to hearing your advice. Thanks so much.

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Hi lookinforinfo,

 This is a pdf scan of the windscreen notices. It is as clear as I can get it. 

 

To answer Mrs O Frog's questions:

The sign at the entrance to the car park indicates it is Canley Station Car Park provided for rail users only. It is under the 'banner' West Midlands Network and refers to West Midlands combined authority. I am not sure whether it comes under railway land byelaws. There is a road between the station and this car park so it is not right next to it. About a 30 second walk.

 

The driver/ vehicle does not come under the full terms and conditions for 10 minutes. I do not know what evidence there is that the car was there for longer than 10 minutes. I was reluctant to follow the links on their initial windscreen notice to their website for fear of incriminating myself. Is this where there might be more evidence/photos and if so am I 'safe' to take a look?

 

The signage does clearly say parking only in marked bays- we chose to park for a short time in a small space next to the bays thereby freeing up space for other cars. My car is so small it easily fitted in the space - my bonnet facing the wall and the rear end lined up with the other cars. It did not block anything including the Park and Ride sign on the wall.

 

it is obvious taking a closer look that there are cameras trained on that area no doubt to catch people out when the car park is full and there is no other choice but to take a risk and park where they shouldn't. There are no other alternative car parks nearby so not being able to park means missing the train. 

 

As this is a free car park for users of the station presumably catching people out is the only source of income and why cameras are positioned where they are.

 

The Privacy notice is also clear.


I look forward to hearing your advice.

 

Thanks so much

 

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The windscreen notice is a Notice to Driver. So they should wait for between 29 and 56 days before sending you the Notice to Keeper. By sending it within fourteen days they have lost any chance of being able to lawfully  claim any money from you.

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The windscreen notice I suspect is one of VCS's red "This is not a parking charge" sticky bits of confetti. It has been argued against and lost (on a few occasions) the courts and DVLA both say it's okay and isn't a ntd (despite the fact that it's a notice and is left for the driver) so they can still use the 14 day timings. A mockery of the system I know, but there we have it.

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urm..allowed to take photos of people to ID the driver

 

oh no they are NOT!!


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thread tidied

yes its a red notice too

FP can you attach the windscreen ticket scan pdf again please

it appear to have not stayed .


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

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I have been trying to find out who owns the Land. Without paying the Fee to the Land registry I can't ascertain but will do if this is essential. This is the free information they have provided.

Address:

Park and Ride Site
Coventry Business Park
Canley Road

 

Tenure:
Leasehold
 
Everything else I can find relates to West Midlands Combined Authority who offer 'Considerate Parking'.
 

 

 

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As you've received the NTK now, it's fine to go on the myparkingcharge site and see what other photos they have. Check the timings on the photos - we want to see how long they have as an observation period.

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I have checked the site and there are 6 photos. All but one are angles of the car parked and the  registration plate. The other is a photo of the Park and Ride notice already provided via my pdf upload. There is no evidence of the driver or of how long the car was parked there. 

It reads:

The Site Enforcer had reasonable belief that the above vehicle had committed the following contravention:

Contravention: 86) PARKED BEYOND THE BAY MARKINGS.

 Date and time of recorded contravention: 20th May, 2019 at 09:55:00

 

If the photos are useful I will pdf them but I dont think they really add anything to the initial photo on the NTK.

I cant see any evidence of how long the car was parked there. 

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Posted (edited)

Times on the photos?

 

Also, we can't read that sign in the NTK it's way too tiny. Can you put the sign photo up please?

Edited by Mrs O'Frog
Sign

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Posted (edited)

If there are no time stamps anywhere they cannot prove you were there for more than 10 minutes. That gave you time  to read the signs and decide you didn't want to abide by their T&Cs , so you left.  And you weren't parked there, just stopping to read the signs.

Edited by lookinforinfo

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Great advice-thats what I hoped I could say.

Next question - when do I do that?

Is this the sitting and waiting bit now having collected all the bits and pieces I need?

Is there anything else I need to do for now?

 

 

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I wondered if anyone has had chance over the weekend to look at my post ? I was asking if I need do anything at this stage or wait for VCS to contact me again? Thanks very much.

 

 

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as post 12

 

lets see if they are brave enough to send a letter of claim.

 

IMHO nothing for you to do yet bar get clear photos of the T&C's small print?


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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