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    • don't file yet not needed till/by 4pm tomorrow   let andyorch check things over 1st    
    • well the claim is stayed so don't panic for now.   is this the ONLY payment made and how did capquest get this out of you? by phone?   explain what caused you to make the payment and how you did it please   dx                
    • Lovely stuff.    1.The claim is for the sum of £882.53 due by the Defendant under the CCA 1974 for a Shop Direct account with the account ref of ********************    2.The Defendant failed to maintain contractual payments required by the agreement and a Default notice was served under s.87(1) of the CCA 1974 which has not been complied with.   3.The debt was legally assigned to the claimant on 08/01/18, notice of which has been given to the defendant.   4.The claim includes statutory interest under S.69 of the County Courts Act 1984 at a rate of 8% per annum from the date of assignment to the date of issue of these proceedings in the sum of £70.60 - The claimant claims the sum of £953.13   #####Defence######   The Defendant contends that the particulars of claim are vague and generic in nature. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made.   1. Paragraph 1 is denied. Whilst it is admitted I have held various catalogue agreements in the past, I have no recollection of ever entering into an agreement with Shop Direct and do not recognise the specific account number or recollect any outstanding debt and have therefore requested clarification by way of a CPR 31.14 and section 78 request pursuant to The Consumer Credit Act 1974.   2. Paragraph 2 is denied I have not been served with a Default Notice pursuant to sec87(1) the Consumer Credit Act 1974.   3. Paragraph 3 is denied. I am unaware of a legal assignment or Notice of Assignment pursuant to the Law and Property Act 1925 Section 136(1)   4. On receipt of this claim form I, the Defendant, sent a request by way of a section 78 pursuant to the Consumer Credit Act 1974, for a copy of the agreement, the Claimant has yet to comply and remains in default of the said request.   5. A further request made via CPR 31.14 to the claimant’s solicitor, requesting disclosure of documents on which the Claimant is basing their claim. The claimant has not complied.   6. It is therefore not accepted with regards to the Defendant owing any monies to the Claimant and the Claimant is put to strict proof to:   a) show how the Defendant has entered into an agreement and; b) show how the Defendant has reached the amount claimed for and; c) show the nature of the breach and evidence by way of a Default Notice pursuant to sec 87(1) of the Consumer Credit Act 1974 d) show how the Claimant has the legal right, either under statute or equity to issue a claim   7. As per Civil Procedure 16.5 it is expected that the claimants prove the allegation that the money is owed   8. By reasons of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.   I will get this put into the defence section. Thank you again.
    • just remove the 2nd part where you mention some reply.
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Chocoholic123

ParkingEye PCN - Holiday Inn Express Birmingham Oldbury - M5 J2 - ** *Claim Withdrawn***

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Hi all

- this doesn't seem to be a common problem, so any advice would be appreciated.

 

The first I knew of a parking notice (PCN) was a threatening letter from Debt Recovery Plus. 

It implies they are a debt collector, but they are simply used by Parking Eye to leverage muscle and try to frighten people.

 

I never got any letter from ParkingEye:

not the initial PCN,

nor a Keeper Liability Notice,

nor a Final reminder.

Nope!

Straight to DR+ nasty letter an astonishing 76 days after the reported event.

(ironically all their post arrives successfully).

 

This has meant

1) I am outside the appeal window (and ParkingEye have confirmed I can go jump)

 

2) I therefore have no verification number to go to POPLA appeal.

 

I would consider conceding as life is too short except I am an authorised user of this parking space.

 

It is simply that on that day, I forgot to log my registration at Hotel Reception.

 

Normally - a PCN is issued and my work collegues simply pop across to the hotel who cancel it with ParkingEye in the first few days after issue.

The Hotel in question won't action my DR+ letter as they say that their contract is with ParkingEye AND (wrongly) that it is at the court stage.

 

It is, of course, not at the court stage because these silly letters from these Debt Agencies are designed to mislead and obfuscate the facts.

 

Has anyone had a similar experience and success appealing through some route or other? 

I will be ever grateful they want to mug me unfairly for £170 because they failed to get me a timely PCN.

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Have you moved recently? 

That could be an explanation for PE's letters going missing.

 

Is the hotel part of a chain? 

If so I would be tempted to escalate to area manager level, say the hotel manager doesn't seem to know the basics of the law of the country he/she operates in, and you want PE's invoice cancelled.

 

If it's not part of a chain then a similar letter to the hotel itself - a letter, not an informal chat. 

 

It's time to stop being nice with people.

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First of all welcome to the Forum.

Do not worry about Drips+

-a dead sheep has more power so do not let them bother you and never contact them.

 

It is a pity that you wrote to PE  which would be perfectly normal, except with crooks like PE  as you may have revealed you were the driver.

 

You have lost the protection of POFA but it is not a fatal.

 

Please do not even think of paying a penny.

The amount may go higher in the short term but when the poor dears do not hear from you they get worried

( because they think to won't pay) do they start sending begging letters and reduce the amount owed.

 

 

One of the Site Team will be along shortly and give you a template to fill in which helps us to give you the best advice should they not give up.

 

Just complete the form and post up photos of the signs at the entrance to the hotel and others around the car park and the terms on their ticket machine if there is one.

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please complete this:

 

 


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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Hi - thanks for the speedy response!

I moved 1 months ago, but doubt that's the problem.

 

DR+ have had NO PROBLEM finding me.

 

It is the Holiday Inn Chain, so worth a letter to the area manager.  

 

Much appreciated

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Don't forget to complete the questions  on post 4 from dx100UK as it helps us no end to pick out where PE  have gone wrong . Then there is no contract between you and then so no need to pay them and to forget all about them and their stupid debt collectors.

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Dear lookfortheinfo & dx100uk.

 

Thanks for your advice

- it's very reassuring to know people are out there to help.

 

I've completed the template below and added further info.

I haven't actually posted my letter off to ParkingEye yet - it's ready to send (see attached).

 

My reason for sending it is for a GDPR Subject Access Request due their failure to comply.

I would also  copy in Holiday Inn Express, BPA and my MP,

but I'm happy to hold off and await your advice .

(and to be honest, it felt good to get it all down on paper!)  

 

PCN template details completed below:

  1. Date of the infringement: 29/05/2019
  2. Date on NTK: no NTK issued
  3. Date received: N/A none was ever received
  4. Does NTK mention schedule 4 of the PoT Act 2012?: unknown - none ever received despite request
  5. Is there photographic evidence?: Y - PE CCTV shot
  6. Have you appealed?: Y Have you had a response: Y
  1. Who is the parking company: ParkingEye
  1. Where exactly: Holiday Inn Express, Birmingham, Oldbury, M5 J2
  2. Appeal body: BPA

  

All attachments are redacted for privacy. They include:

- my draft letter to PE (not yet sent)

- copies of my 3 DR+ letters - the only notifications I have received

- the photo evidence from the car park camera

- the email "reply" I received to my PE appeal (albeit late because I was denied the appeal window). Simply tells me they are forwarding my personal details to DR+

- I can't seem to access my appeal notes to PE in their online portal, but it spelled out that I'm an authorised patron of that parking space

 

 

 

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Hang on with the letter till the experts come on, as bits that identify you as the driver definitely need to be changed and writing at all to Parking Lie might not be a good idea at this stage.

PE will have sent their letters (IF they sent them) to the address your vehicle is registered with at the DVLA.  With you moving, that could explain the missing correspondence.  Watch out with the DVLA, if you don't update your details and they find out, it's a grand's fine!

Yes, get on to the Holiday Inn area manager, and if they are useless, the CEO.  I reckon they will call their dogs off.

 

Edit - just reading PE's reply to you.  They are an utter disgrace (not a surprise I know).  They reckon you have broken some imaginary contract with them but refuse to give the details and say you have to contact a powerless third party.  Doubt a judge would be very impressed.

Edited by FTMDave
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he has moved since issuance

a reply at some point must be made else backdoor ccj time

have you to date informed PE of your correct address?

 

dx


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

spreadsheets 

 

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had to take down your uploads

you MUST redact all ref no's reg no's etc etc

anything that can ID YOU!.

 

dx

 


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

spreadsheets 

 

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DX is right, get a two-line letter (not e-mail) off ASAP to PE with your new address.  The rest can wait.  First class post, free proof of posting.

 

Otherwise they could issue court papers to your old address, and win by default.  It's irrelevant that the powerless DCA has "found" you.

 

Plus fill in the DVLA's form, otherwise you risk £1000 fine (a real fine, not PE's nonsense).

 

Having done that - letter to the hotel area manager, and hopefully soon after you should be celebrating!

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Hi all

Realised I mistyped my move date.

I moved 12 months ago and informed DVLA immediately of my new address.

This is all done and dusted.

My details are up to date and have been for the past year.

In addition, I've had mail  redirection in place since then, so nothing is sitting at old address.

 

However - you did get me thinking.

I bought this car in March this year - 2 months before this incident.

I completed all the transfer paperwork and received the new log.

 

Could it be that ParkingEye were using old data and actually sent their original notices to the previous owner?

Just a thought. 

 

thought I'd done a thorough enough job, but I'll go back through it with a big black marker and fully redact everything

 

So question, once I've done that, do I repost the attachments?

 

Many thanks

Choc

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no marker pen can be remove by grey scale selection 

follow the guide scan as .jpg picture file

use mspaint or a photo to box out and fill redactions

yes pop back up

 

as for the car

PE would have got the dvla data just after the time of the incident.


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

spreadsheets 

 

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Ok - This shoud all be fully redacted:

- Draft letter to PE, not sent as yet, but looking to raise a GDPR issue

- 3 letters from DR+ the only letters I've received

- Reply to my appeal from PE

 

To confirm, my address has always been up to date with DVLA but the car was purchased March 2019. I  completed all transfer paperwork immediately and received new log book with correct address by return.

 

Parking Eye (redacted).pdf DR+ letters x 3 (redacted).pdf ParkingEye reply to my appeal (redacted).pdf

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Hi - Quick update. I've spoken to the Holiday Inn Express and they told me to write to them explaining what happened and they'll get the charge cancelled, even though it's a DR+ letter, they confirmed they will talk to PE. It'll take about 4 weeks to cancel. I've sent that off. Have I done enough (for now)? I won't assume this has worked until I get a formal confirmation back.

 

The other suggestion you had was to write a short 2-liner to PE to ensure they have my correct address as they have failed to get any correspondence to me to date. Should I still do that in parallel? Belt and braces.

 

Finally - I'm still sitting on my snot-letter to PE re GDPR request. Again - sit on that still for now? If nothing else it gives them work to do that they can't ignore and proves they have my correct address details (or not)

 

As you might be able to tell, I'm a fan of several lines of attack, but I'll be guided by experience....

 

Many thanks

Choco 

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I don't advise you sending your letter to PE.

You know why you received the PCN even though you have not received any Notices from PE.

 

It is not a breach of GDPR for PE to get DR+ on the case so they are unlikely to take you seriously.

As Holiday Inn say they will sort it out there is little reason for your letter.

 

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let the hotel peopel do their stuff or explain to you why they cant.

No contact with PE until this line of action is exhausted

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SUCCESS!!!!

Holiday Inn Express have managed to get this PCN cancelled with Parking Eye.

I've just had the email confirmation though.

 

Many thanks for your support and steering me in the right direction on this one and saving me from a ding-dong with PE.  

It paid dividends to find the right person to talk to at the hotel.

 

The previous guy had thought this was already at the court stage due to DR+ nasty letter.

When I was able to explain to the right person that this is not true and PE are still accountable, he got me to email my details in and got it cancelled.

 

Donation is on its way to you - this is a great service and you have helped

 

Thank you

Choco

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Well done to you and all the people who advised. I'll amend your thread title.

 

Thank you for the donation, it will help us to advise other people. :D

 

HB

 

 

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Illegitimi non carborundum

 

 

 

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well bone, going route one is always the best. many companies are starting to see sense when it comes to complaints about their agents.

Now I have to just get Sainsburys to understand this point rather than keep telling a mate of mine it is nothing to do with them.

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Well done on your success!  Seems that today is a good day for them!

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Well done for your perseverance. You would have won in Court  anyway as you would have been classed as a trespasser. But good to get it over now.

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