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    • Just to clear it up, sorry I don't make sense sometimes. I have paid £4000 £1200 of that was suppose to clear the £1200 debt.   Meaning I have sent a extra £2800 on top of my normal mainternance money.   Thank you
    • Try CPR 31.15 Possibly but a party is not compelled to disclose any documents pre allocation
    • Hi, I shown my key worker a letter that was sent to me saying that I owe £1200, she setup a standing order around 2021, this was to pay back money I owed, with my mental health status I have had complex issues to deal with and I just simply forgot about this standing order so it has been running for about 3.5 years acording to my key worker, anyway I'm not worried about the money that was sent that I call a overpayment, it went towards supporting my child's household so I am just happy with that, I am a little sad that I am being told I still owe this £1200, I have sent bank statements over 3 years worth but they have not taken away this £1200 bill and still say I owe it   Thank you
    • She did try contacting EON in the early days of the debt but they refused to speak to her because she could not pass the security checks. She didn't know the answers on an account she hadn't opened?   I also saw this article recently which could be what has happended here: Debt collection agencies in the UK are using fair means or foul to link people to an address where an unpaid debt has been run up, sometimes years after they have moved out The Guardian Anna Tims Mon 22 Apr 2024 The letter from the debt collection agency arrived out of the blue, and it was intimidating. It informed Joshua Simpson* that he owed £2,212 to Octopus Energy, and accused him of ignoring previous requests to settle the bill. If he did not stump up within 14 days, he was told, further action would be taken to recover the money. Simpson checked his Octopus account – it was in credit. Then he noticed the address where the debt had been accrued between 2022 and 2023. It was his childhood home – which his family had sold 18 years previously. "Since I was only 16 when we left the property, I was astonished that they'd linked my name [to it]," he says. "The debt collection agency insisted I provide a tenancy agreement to prove how long I've lived at my current address. I couldn't, since we bought our home. "They are now actively pursuing me for this debt, causing me a huge amount of stress. We are about to remortgage, and if this debt prevents us switching to a better deal, we will face real financial hardship." Simpson had been sucked into the shadowy world of "identity tracing", whereby investigators recruited by creditors seek to locate individuals who have moved home without paying their bills. It is an unregulated sector where anyone can set up as an agent in a back room without a licence, or scrutiny, and use fair means or foul to identify debtors. Reputable companies join a trade association that operates a code of practice, but membership is not mandatory, and mistakes are common. Last year, a teenage boy was chased for a debt of more than £900 by debt collectors acting for the energy company Ovo. A "trace agent" had somehow linked him to the debt because his parents had previously rented the property in question. An investigation by the Observer established that the debt had been run up by a subsequent tenant. The consequences of mistaken identity can be catastrophic. Individuals who are erroneously linked to a debt face, at worst, court action, bailiffs and a ruined credit rating. At best, they can endure weeks of stress and paperwork in order to prove they are not the debtor. It is estimated that 20m identity traces are made in the UK every year, many on behalf of companies that are owed money. Personal data is often obtained from credit reference agencies, which record applications for credit, and details are supposed to be verified with several different sources before being used for debt enforcement. In practice, however, this does not always happen. Simpson's details had been passed along a chain of intermediaries before the demand was issued. Octopus had given the unpaid account to a debt collection agent, which had contracted a tracing service, GBG, to find the debtor................ Full Article: https://www.theguardian.com/money/2023/oct/04/a-cry-for-help-energy-providers-play-the-villain-in-dramas-to-chill-the-blood ..............The Financial Ombudsman Service, which investigates complaints about financial firms, states that debt collection agents have to produce convincing evidence to link an individual to a debt, rather than rely on names, addresses and birth dates. According to the trade association, the Institute of Professional Investigators, an unknown number of investigators and trace agents are operating below the radar. Many more are merely inept, as data protection compliance training is not mandatory. "We have been campaigning for many, many years to try to get all private investigators regulated," says secretary general Glyn Evans.
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LPS/Gladstones Windscreen claimform - walked off site - Regent retail park, Loughborough, LE11 5PF


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Thank you 

 

I am the registered keeper of vehicle

Xxxxx and deny liability for the entirety of the claim.

The particulars of the Claim disclose no cause of action on the following grounds:

 

1.    It is denied that the driver of vehicle XXXXXX parked in breach of the terms of parking stipulated on the signage at Regents Retail Park on 16thSeptember 2018. 

 

2.    No contract was formed or agreed between the driver and Local Parking Security Limited. 

 

3.    This claim has no course of action against the defendant or anyone else. 

 
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Course of action, a clause is something in a contract.

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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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Unless you remember exactly what the signs said it is difficult to go with anything specific

 

My suggestion is:

 

1.The defendant denies being the driver at the time and as the claimant has failed to create a keeper liabilty by way of a proper  notice sent out under the POFA 2012  there is no cause for action against the defendant.

 

 2.  The notice to keeper is deficient in key phrases as required by the POFA 2012 so it fails to create ANY liability for the charge.

 

3. IN ANY CASE  there was no breach of contract as the parking terms offered free customer parking for a specified time and the claim is for monies due as the driver failed to display a purchased ticket when no ticket is required. This means thers is no cause for action against the driver or anyone else.

 

4 As the claim is entirely without merit the defendant asks that he receives a full costs recovery order under CPR 27.14.2(g) as the claimant knows or should know that it is vex

 

that will do for the moment.

 

BW may well drop the hot potato now but to make sure I would send a copy of your reply to both them and their client as well as court.

 

Dont use the PO Box address, look up their registered address via their companies house  registration

 

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Thank you, I have uploaded photos of the signs.

It is a car park I have used frequently and has always had the same terms. 
 

I have found a picture of the actual ticket and sign on the day.

It does state the reason as not parking without displaying a valid ticket,

 

it looks like 'off-site' might be referring to the name of the car park?

Scanbot 12 Dec 2019 20.28.pdf

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there's no proof you haven't been there for more than 2 hrs though...how weird

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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well, if that is so then they have failed to identify the land as I have looked on google and streetview and can find no such place in Loughborough. that is all you need to know

 

if they are claiming that the driver went off site then 

(1) it is immaterial and (

2) they have failed to show evidence of this so cant claim now that they have incorrectly issued a ticket and court claim but want to correct it so they dont lose their money without an appearance.

 

The wording of the sigange is garbage anyway and so is that ticket if they want it to mean the driver breached the contract by going off site without paying.

 

Do not try to do their job for them, deal with what you have rather than trying to find reasons to justify their claim.

 

They arent honest or decent, their operative has issued a dud ticket but they still want paying because they have spent money collecting and processing your data without good reason and now wont drop it until you make them.

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just put in your short defence and let them worry as they would be hoping that you will have wet yourself and paid up or just hid under a blanket and thus give them a default judgement.

 

You are going to make them pay and pay again for their folly so stick with it and until you have to exchange witness statements you let them waste their time and money.

 

Next you send BWL a letter

asking for sight of their client's contract with the landowners that allows them to enter into contacts with the public and to make civil claims in their own name.

you also ask for sight of the planning permission for their sigangae and equipment.

 

BWL will either ignore or respond that as it is small claims they dont have to but the track hasnt been allocated yet and if you are rich you might feel like going fask track and hire a barrister for £1k and bill them when you whip them.

 

In the real world you will use this to state in your WS that you dont believe they have the necessary permissions because they havent produced them in a CPR 31.14 request

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I posted the CPR to the solicitor last week with a £1 postal order. They have responded today stating that they will not accept my offer of £1 for settlement!!!

They've not acknowledged that the CPR request and are saying that I offered a £1 settlement, which I didn't. 

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Where doesnt any of our instructions say send £1 with a cpr?

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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There has never been a requirement for a fee with a cpr request

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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consumer credit debt CCA request not CPR for a private parking claim

always best to read instructions posted in this thread rather than 'what I think I might have possibly done before'

don't slip back into your old habit of making simple schoolboy silly mistakes like you have before

else these sharks will avoid your harpoons.

 

did you file your defence on mcol website?

 

 

 

 

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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why?

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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the reasoning was put in my post #34, is that not clear as to why and what to expect?

Please read things carefully and stick to the absolutes rather than reading things quickly and deciding that you have the gist of things.

 

read a lot more threads on parking as well, not just those involving your mob but a couple of hundred so you can get a feeling for how things go

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  • 3 weeks later...

Hi

 

Should I have heard something by now?

Defence was due on 13th Dec, we have received confirmation that it has been sent to the claimant but nothing else.

I’m not sure how much the timelines are affected by Xmas.

 

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now go read the letter from the court again...carefully!

 

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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but courts are running late following the holidays. they always do.

 

but anyway, nothing for you to do unless you receive your N180/N149A

 

get reading up.

 

just about any PCN claimform threads will help.

 

CAG is self help too….

 

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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holidays dont count when it comes to timescales.

If you have 14 days to do somehting you have just that, not 16 days because there was a full moon that week or whatever.

 

Do your bit properly and you can then take them to task for not doing theirs right.

as they are a company that sues lots of people they wont be given much leeway by many judges

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