Jump to content


  • Tweets

  • Posts

    • I've inserted their poc re:your.. 1 ..they did send 2 paploc's  3. neither the agreement nor default is mentioned in their 2.        
    • Hi Guys, i read a fair few threads and saw a lot of similar templates being used. i liked this one below and although i could elaborate on certain things (they ignored my CCA and sent 2 PAPs etc etc) , am i right in that at this stage keep it short? If thats the case i cant see what i need to add/change about this one   1)   the defendant entered into a consumer credit act 1974 regulated agreements vanquis under account reference xxxxxxx 2)   The defendant failed to maintain the required payment, arrears began to accrue 3)   The agreement was later assigned to the claimant on 29 September 2017 and notice given to the defendant 4)   Despite repeated requests for payment, the sum of 2247.91 remains due outstanding And the claimant claims a)The said sum of £2247.91 b)The interest pursuant to S 69 county courts act 1984 at the rate of 8% per annum from the date of issue, accruing at a daily rate of £xxxx, but limited to one year,  being £xxxx c)Costs   Defence:   The Defendant contends that the particulars of claim vague and are 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. The Claimant has not complied with paragraph 3 of the PAPDC ( Pre Action Protocol) Failed to serve a letter of claim pre claim pursuant to PAPDC changes of the 1st October 2017.It is respectfully requested that the court take this into consideration pursuant to 7.1 PAPDC.   2. The Claimant claims £2247.91 is owed under a regulated consumer credit account under reference xxxxxxx. I do not recall the precise details or agreement and have sought verification from the claimant and the claimants solicitor by way of a CPR 31.14 and section 78 request who are yet to fully comply.   3. Paragraph 2 is denied. I am unable to recall the precise details of the alleged agreement or any default notice served in breach of any defaulted payments. 4. Paragraph 3 is denied.The Defendant contends that no notice of assignment pursuant to s.136 of the Law of Property Act & s.82 A of the CCA1974 has ever been served by the Claimant as alleged or at all.   5. It is therefore denied with regards to the Defendant owing any monies to the Claimant, the Claimant has failed to provide any evidence of assignment/balance/breach requested by CPR 31. 14, therefore the Claimant is put to strict proof to:   (a) show how the Defendant has entered into an agreement; and (b) show and evidence any cause of action and service of a Default Notice or termination notice; and © show how the Defendant has reached the amount claimed for; and (d) show how the Claimant has the legal right, either under statute or equity to issue a claim;   6. After receiving this claim I requested by way of a CPR 31.14 request and a section 78 request for copies of any documents referred to within the Claimants' particulars to establish what the claim is for. To date they have failed to comply to my CPR 31.14 request and also my section 78 request and remain in default with regards to this request.   7. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.   8. On the alternative, as the Claimant is an assignee of a debt, it is denied that the Claimant has the right to lay a claim due to contraventions of Section 136 of the Law of Property Act and Section 82A of the consumer credit Act 1974.   9. 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 understand. Just be aware I am prepared to take some risks 😉
    • Thanks Tnook,   Bear with us while we discuss this behind the scenes - we want you to win just as much as you do but we want to find the right balance between maximising your claim without risking too much in court fees, and in possible court costs awarded to the defendant bank.
    • Tell your son and think on this. He can pay the £160  and have no further worries from them. If he read POFA  Scedule 4 he would find out that if he went to Court and lost which is unlikely on two counts at least [1] they don't do Court and 2] they know they would lose in Court] the most he would be liable to pay them is £100 or whatever the amount on the sign says. He is not liable for the admin charges as that only applies to the driver-perhaps.If he kept his nerve, he would find out that he does not owe them a penny and that applies to the driver as well.   But we do need to see the signage at the entrance to the car park and around the car park as well as any T&Cs on the payment meter if there is one. He alone has to work out whether it is worth taking a few photographs to help avoid paying a single penny to these crooks as well as receiving letters threatening him with Court , bailiffs  etc trying to scare him into paying money he does not owe. They know they cannot take him to Court. They know he does not owe them a penny. But they are hoping he does not know so he pays them.   If he does decide to pay, tell him to wait as eventually as a last throw of the dice they play Mister Nice Guy and offer a reduction.   Great. Whatever he pays them it will be far more than he owes as their original PCN is worthless. Read other threads where our members have been ticketed for not having a permit. [We know so little about the situation that we do not know if he has a permit and forgot to display it. ]
  • Our picks

Jason MS

Southend Airport No Stopping

Recommended Posts

Hi there,

 

I just wanted to seek some advice

 

I've been sent a "Parking Charge Notice" for temporarily stopping outside the arrivals terminal at Southend Airport to pick up my disabled father, and now they want £60 off of me.

 

I've appealed, which, as I expected, did nothing. 

 

Should I just let the case go to court, as i feel I have a good defence.

 

My Father is disabled due to the fact that he suffers from Peripheral Arterial Disease and Spinal Stenosis and can only walk short distances before his legs begin to seize up and turn to lead. This is why I had to temporarily stop for a short period outside the terminal. It was a cold, dark evening, pouring with rain, I didn't see any signs. My only concern was getting my Mother and Disabled Father out of the cold weather, into the car and off home.'

 

Any help appreciated,

Thanks

 

 

 

 

 

Share this post


Link to post
Share on other sites

Hello and welcome to CAG.

 

Could you copy and paste the questions from the forum sticky together with your answers onto this thread please, it will help us to advise you.

 

Best, HB

 


Illegitimi non carborundum

 

 

 

Share this post


Link to post
Share on other sites

Hi there,

 

Thanks for your response.

I've filled out the questions below:

 

1 Date of the infringement: 12/10/2019

 

2 Date on the NTK: 19/10/2019

 

3 Date received: 21/10/2019

 

4 Does the NTK mention schedule 4 of The Protections of Freedoms Act 2012? Yes

 

5 Is there any photographic evidence of the event? Yes

 

6 Have you appealed? Yes

 

The defence of my appeal: 

My Father is disabled due to the fact that he suffers from Peripheral Arterial Disease and Spinal Stenosis and can only walk short distances before his legs begin to seize up and turn to lead.

 

This is why I had to temporarily stop for a short period outside the terminal.

 

It was a cold, dark evening, pouring with rain, I didn't see any signs.

 

My only concern was getting my Mother and Disabled Father out of the cold weather, into the car and off home.'

 

Have you had a response? Yes

 

Their response was basically that they don't accept it.

 

7 Who is the parking company? Vehicle Control Services

 

8. Where exactly: Southend Airport Arrival Terminal

 

It says they're with the IPC.

 

 

Share this post


Link to post
Share on other sites

use our search top right

 

no stopping

 

there are over 150 threads here regarding these no stopping speculative invoices

the land is covered by byelaws which over rule any stupid junk tickets from these companies through the post.

 

scan up the ntk/pcn to one multipage PDF

read upload

 

shame you appealed as you've now identified you were the driver

never appeal!!

 

await/if they send a letter of claim now.

 

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 

 

Share this post


Link to post
Share on other sites

Unfortunately i don't have the means to upload the letter. 

I have read on another thread that the bylaws will not allow them to take me to court anyway?

I don't how true that is though?

Share this post


Link to post
Share on other sites

Have you read the upload guide, Jason? [Click on the word.] It should have instructions for phones if that's what you have.

 

HB


Illegitimi non carborundum

 

 

 

Share this post


Link to post
Share on other sites

I know how to do it, i just don't have a scanner handy unfortunately.

I just want to know whether to ignore them or not?

If the bylaws won't let it go to court then I should just ignore their empty threats, no?

Share this post


Link to post
Share on other sites

You don't need a scanner, the guide tells you how to use a phone to post up documents.

 

HB


Illegitimi non carborundum

 

 

 

Share this post


Link to post
Share on other sites

can't do it by phone either lol.

My phones on the blink at the moment, need a new one.

Share this post


Link to post
Share on other sites
15 minutes ago, Jason MS said:

I know how to do it, i just don't have a scanner handy unfortunately.

I just want to know whether to ignore them or not?

If the bylaws won't let it go to court then I should just ignore their empty threats, no?

 

OK, we'll give up on having an image. Ignore unless you receive a letter headed Letter Before Claim/Action.

 

HB


Illegitimi non carborundum

 

 

 

Share this post


Link to post
Share on other sites

but still read those threads 


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 

 

Share this post


Link to post
Share on other sites

Okay I'll keep flicking through them.

I've dealt with Private Parking Companies before, but only for those micky mouse charges you get for overstaying at Tesco's; never paid them a penny.

Although, this one I'm concerned about as it's an airport, but they still go by similar bs.

I don't know, I'll have to see how it plays out.

 

Thanks for the help so far anyways

Share this post


Link to post
Share on other sites

byelaws are in place

 

that means if it goes anywhere near a court it would be the gov't that gets any money and not a county court either

 

a private parking company cant issue a ticket under the byelaws as that would be a fine and they cant fine you

they hope mugs don't know this and get fleeced as do 1000's everyday.

nice little earner for simon Renshaw-smith.

 

if you beaten Tesco capark fleecers since 2012 then this will be easy...


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 

 

Share this post


Link to post
Share on other sites

good to know!

I'll let them play the empty threat game for a while and let you know how it goes 

Thanks

Share this post


Link to post
Share on other sites

When a lettter of Claim does come reply with an acidic letter mentioning that as Byelaes apply they VCS have no Locus Standi to ask for a bean, ericsbrother is the expert with those sort of letters so search CAG for some of his  replies.


We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

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!

Share this post


Link to post
Share on other sites

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now

  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...