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    • Thankyou Dx100    Your awesome    'and all those are within that merry hill complex great no need for anything more then.'     My Reply:    All these transactions belong to retailers who trade at Merry  Hill. Hand on heart, the bank statement doesnt specify for every transaction if its the branch at Merry Hill or not. The Nandos transaction does specify Merry Hill on the bank statement, but MacDonalds, BM , Costa..etc transactions on my bank stateeent dont specifically show whether  it was at the branches located at merry Hill or not       'so i cant see anywhere on their signs that says max 4hrs, other than in their WS but we'll assume it must be'   My Reply:     The only signage with the 4 hour overstay period is on page 15 of Exhibit 2 of the claimant WS, so there is one out of the 8 signages showing that 4 hour limit       ' so... if you were to plot where each shop is using their signs map i bet several are no where near C3 so you must have driven around'     My Reply:    totally agree although need a magnifying glass to read their map lol         'might prove to the judge you have obviously now done your homework!! rather than following crap on the internet '   My Reply:    But I actually haven't followed anything on the internet. This was all written based on my logical deduction. For example, I think I am reasonable in stating in my WS that the Claimant has just supplied at least 8 signages and this appears more like a widely used template for this site that they use rather than specifically just supplying the signage in relation to the contravention ie the 4 hour maximum overstay. Is it not reasonable to state in the defence WS that the Defendant finds this confusing as he is not sure to which of the 8 signages the claimant is referring to, especially where some of them dont have a maximum time period on them    
    • and also please complete this we don't know any details other than CP+   Received a Court Claim From A Private parking Speculative invoice?? - How To Deal With It HERE***Updated Aug 2016*** - Private Land Parking Enforcement - Consumer Action Group
    • and BC are not aware you have now written proof of termination?
    • and all those are within that merry hill complex great no need for anything more then.   so i cant see anywhere on their signs that says max 4hrs, other than in their WS but we'll assume it must be.   so... if you were to plot where each shop is using their signs map i bet several are no where near C3 so you must have driven around.   classic double dipping    i would also put in what i have discovered (using the wrong machine contract) pointing to the fact that its the wrong car park, (poss WS admin mistake) but pointing too even if its not a case of double dipping, then you still didnt exceed 4hrs as its free after 4.30PM, + minimum 10mins to read sighs etc which is part of their Gov' bodies rules   it might also be wise to remove most of the kitchen sink your WS must be filled with, i don't like the idea of that 35 para defence and they keeping it all in a WS, a short to the point WS might prove to the judge you have obviously now done your homework!! rather than following crap on the internet 
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    • Hi @BankFodder
      Sorry for only updating you now, but after your guidance with submitting the claim it was pretty straight forward and I didn't want to unnecessarily waste your time. Especially with this guide you wrote here, so many thanks for that
      So I issued the claim on day 15 and they requested more time to respond.
      They took until the last day to respond and denied the claim, unsurprisingly saying my contract was with Packlink and not with them.
       
      I opted for mediation, and it played out very similarly to other people's experiences.
       
      In the first call I outlined my case, and I referred to the Contracts (Rights of Third Parties) Act 1999 as the reason to why I do in fact have a contract with them. 
       
      In the second call the mediator came back with an offer of the full amount of the phone and postage £146.93, but not the court costs. I said I was not willing to accept this and the mediator came across as a bit irritated that I would not accept this and said I should be flexible. I insisted that the law was on my side and I was willing to take them to court. The mediator went back to Hermes with what I said.
       
      In the third call the mediator said that they would offer the full amount. However, he said that Hermes still thought that I should have taken the case against Packlink instead, and that they would try to recover the court costs themselves from Packlink.
       
      To be fair to them, if Packlink wasn't based in Spain I would've made the claim against them instead. But since they are overseas and the law lets me take action against Hermes directly, it's the best way of trying to recover the money.
       
      So this is a great win. Thank you so much for your help and all of the resources available on this site. It has helped me so much especially as someone who does not know anything about making money claims.
       
      Many thanks, stay safe and have a good Christmas!
       
       
        • Thanks
    • Hermes and mediation hints. https://www.consumeractiongroup.co.uk/topic/428981-hermes-and-mediation-hints/&do=findComment&comment=5080003
      • 1 reply
    • Natwest Bank Transfer Fraud Call HMRC Please help. https://www.consumeractiongroup.co.uk/topic/428951-natwest-bank-transfer-fraud-call-hmrc-please-help/&do=findComment&comment=5079786
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    • Hermes lost parcel.. Read more at https://www.consumeractiongroup.co.uk/topic/422615-hermes-lost-parcel/
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APCOA ANPR PCNs - No permit - Bicester North railway station car park


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Hello,

 

I park on a daily basis at Bicester North station. I buy a monthly parking ticket every month.

 

In the month of July I completely forgot for some reason. At no point did I receive a ticket on my car to notify me that I did not have a valid Parking ticket. I received no parking fine notices on my car during this period.

The month of August I bought a monthly parking ticket again.

 

I have now just started to receive parking ticket notices in the post that I have been parking at the station without a valid ticket. It shows a photo of my car going in to the station and a photo of my car leaving the station.

There are 20 tickets for the whole month of August @£50 per ticket going up to £85 per day if I do not pay within 14 days. OUCH!

 

Having walked around the station there are no signs or notices up anywhere that I can see that this is what is happening now. Forgetting to buy a ticket was a genuine mistake and I have copies of att the other 38 months I have bought a monthly ticket.

 

I appealed to APCOA in Sheffield. They sent me a standard letter for every single parking notice individually rejecting my appeal and to pay up. the fact that they sent me 20 letters back speaks volumes to reply to my one registered post letter.

 

Is this legal, don't they have to stick something on my car to alert me? APCOA also advices me that if I appeal the fine will automatically go up to £85 per ticket regardless of time frame.

Any advice please?

 

Many Thanks

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under the Protection of Freedoms Act the parking co have to issue a notice ofr each event and where they use ANPR capture as in your case they are obliged to end out the notices within a specific timeframe and the wording of the notice must contain key phrases.

 

As you have appealed if they got this wrong them you have lost the protection of the law.

 

As for the charge (never a fine) going up if you appeal, that is unlawful but what can happen is that the time taken to consider the appeal means that it overruns the discount period.

 

Now thet are supposed to consider each charge individually so again by lumping them together you have removed that protection in law but that is why they have written to you 20 times.

 

Now the good news is that it is likely to be railway land and that means the byelaws count, not what APCOA say.

 

Can you get us some pictures of :

the entrance to the car park and

any signs that are there and

note exactly what size they are and

where they are located inreference to the entrance,

height above ground level etc.

 

What is normal for them is a sign in print that needs an electron microscope to read placed at the back of the car park in a space where you cannot easily get to without climbing boots.

 

When you get the piccies post them up here along with a copy of their Notice to Keeper (redacted to remove personal details and any reference number, bar code etc) and their rejection letter

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one multipage PDF only please

read upload

 

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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  • dx100uk changed the title to APCOA ANPR PCNs - No permit - Bicester North railway station car park

FYI: they are NOT FINES.

 

 

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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Do as advised PDQ get those piccies of the car park, APCOA sniff a payday of over £1,000 here, and appealing did you no favours whatsoever. ericsbrother has given some good advice, so in the meantime read up on other CAG  Private Parking threads where bylaws apply.

We could do with some help from you.

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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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Well done

the letter is infact from zzps claiming to be QDR

Safe to ignore

Signs also say parking charge notice

So def not a fine.

 

Dx

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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Do you actually read the posts that experienced CAGGERS are taking their time to submit? DX100uk said in the post before your last one  Safe to ignore.

This is a self help site where those seeking assistance are expected to read other threads in order to not just blindly follow, but understand the subject. In doing so you are empowered and thus have no need to panic.

 

My time as a Police Officer and subsequently time working within the Motor Trade gives me certain insights into the problems that consumers may encounter.

I have no legal qualifications.

If you have found my post helpful, please enhance my reputation by clicking on the Heart. Thank you

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you need to read up on various aspects of contract law that surround parking. Once you have doen that you may then realise that as ZZPS arent the creditor they cant instruct a solicitor to act on their behalf to do anything, it is down to law on agency and locus standi- they have no right or interest in the matter.

 

So basically the letter is waht we call a threatogram, a letter designed to make you think that certain actions will be taken when that isnt actually what it really says.

 

Now for the signage, the sign saying T&C's apply- if this si the first sign you see then you havent been offered a contract but an invitation to treat and you cn take  or leave anything else offered.

 

Likewise the ringo sign is meaningless.

 

Now the other sign is a contract but  due to the invitation to treat you dont ahve to accept the terms. We neeed to be able to read this in detauil and your image isnt good enough. we need a decent close up so we can see every dot but ia can already see problem with the signage inasmuch as they say acceptance of the terms are a condition of ENTRY into the car park. Well, how are you supposed to read the sign without entering the place?

 

they also mention "authorised" bays but there is no indication who authorises any bays and what that comprises of in the way of who and for what> that gives you grounds to argue that the sigange is confusing and thus insufficient to form a contract and combined with the invitation to treat lack of contract APCOA will have trouble arguing they have clearly made you aware of the offer. the siting of the sign will also help your arguments.

 

Now add that to the fact it is covered by railway byelaws that create their own conditions that make this contract null and void it wont be wise of them to take the matter to the ultimate.

 

Now a better picture of the signage please and give us an idea of the layout as when we look on spysat we cant see the signs.

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As you have  a wodge of these charges it is worth fighting regardless. they have a lot to gain if they think that they are in with a chance of a payday.

Now we still havent seen your appeal, just their responses and we also need to know the dates of every letter you gota dn when they actually arrived. have asked for this but you seem to have misunderstood what we want and BTW we dont give a stuff about their replies, they are just generated automatically. We want to see if you have dropped yourself in it.

 

Consider this alternative scenario. your partner drops you off at the sation every day that month and collects you so no need for a permit. Their ANPR wont know that but tickets you based on entry/exit If your appeal says I parked there all of the time i was stupid not to buy a permit then you cant use that argument but if you worded your appeal in a manner that it refers to an individual event then they are stuffed when it comes to the other 19

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