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    • Why should I not mention that my wife was driving? Excel already know this, AND that I still have the ticket, from my original letter to appeal to the fine from two years ago. They still rejected it, just saying it was not clearly displayed. The court don't know any of this, so surely they'll throw it out once they know all the facts?   I'd just like this to go away, I don't want to drag it out any further and appeal against them, I could just do without the hassle.
    • Particulars of claim please :   Frustration of Contract and Unfair terms in relation to a request of the refund monies paid when no service provided for wedding event on 23/05/2020 as agreed or at any later date up to date of claim or thereafter. 1.       On 01/04/2019 we confirmed our booking for 23/05/2020 for 350 guests. Please refer to document titled “Wedding Reception Contract”.  There were no terms and conditions attached nor were they provided to us.  2.       We were pressured into make a full payment of £7,700 to secure the date for 23/05/2020, as the dates would not be guaranteed without a full payment.  Full payment was made on 02/04/2019. 3.       On 15/12/2019 we contacted the Events Manager who informed us that she was no longer employed by Goosedale Limited. 4.       We made a number of calls but none of these were returned.  We finally made contact with Mrs F on 13/01/2020 to explain that we understand our Events Manager has left and who would be the new Events Manager.  5.       An on-site appointment was made on 20/01/2020 at Goosedale, together with our wedding catering provider but this was double booked and we were seen by the admin officer who had limited information as our wedding plans. 6.       On 20/01/2020 after the on-site appointment the new Events Manager, Mr xxxx contacted us he would be the duty manager on the wedding day.  7.       On 21/01/2020 Mr xxxxx sent us the catering pack. 8.       On 29/02/2020 we had an on-site meeting with Mr Nick Singh at 10am. 9.       On 05/03/2020 Mr xxxxx sent us a summary of the on-site discussion. 10.   On 20/03/2020 we emailed Goosedale Limited requesting an update for alternative dates or refunds following Government Guidelines regarding COVID-19.  Mr xxxx responded that Goosedale Limited would be postponing events booked for April and May 2020.  Alternative dates were the only option and no refunds were available. 11.   We provided alternative dates none of which were available for Goosedale Limited. They confirmed they had no availability for July 2020 and August 2020 in any of their rooms within their venue.    12.   On 23/03/2020 we requested a full refund as the original wedding date for 23/05/2020 could not go ahead. Mr xxxx confirmed that Goosedale Limited would not be issuing full refunds and attached the Terms and Conditions.  This was the first time we had seen this document. Following his refusal to return the full refund, we offered Goosedale Limited to hold onto out deposit and return the rest of our money until the matter was resolved. 13.   In the absence of a response from Mr xxxx, we further emailed him on 26/03/2020 and requested an update. On 27/03/2020, Mr Nick Singh offered us 18/07/2020 for 350 guests which we agreed and received another booking confirmation on 30/03/2020. 14.   Due to rise in COVID-19 and the uncertainty with events going ahead in July 2020, on 17/04/2020 we secured an alternative date for 350 guests to take place on 08/10/2020 in line with the original booking. Unfortunately, we have not received a booking confirmation for this event. 15.   Wedding venues remained closed until 15/08/2020 and now allow for 30 sit-down guests only. 16.   Goosedale Limited have advised us that weekend bookings require a higher payment, however despite 08/10/2020 falling on a weekday, we were not offered a price reduction. 17.   No further communication was received from 17/04/2020 until an email on 03/09/2020, with a letter attached requested a further “£250 security bond for the event on 08/10/2020”. 18.   On 04/09/2020, we wrote to Goosedale Limited requesting a full refund.  A Letter before court action was issued giving Goosedale Limited 14 days to refund the money. 19.   They received the Letter before Court action on 6/09/2020 in which the request for a refund in full was made, this was sent by recorded delivery which was logged as Received by them and documented the facts to claim a full refund. 20.   We have received no communication to the Letter before Court action and have incurred costs up to that date, in trying to resolve the matter.  Goosedale Limited have remained silent on the matter and have no disregard about how this has affected us financially 21.   We have been subject to unfair practices under the Consumer Rights Act 2015 as Goosedale Ltd have refused a refund “stating no refunds available under any circumstances”. 22.   The CMA issues guidelines on 28 August 2020 (attached) which confirmed that the Contract has become frustrated, and the Terms No Refund are not legal terms to be imposed on customers, who have to cancel due to the COVID. 23.   We have tried to be reasonable under the Circumstances including working with the Venue to rearrange dates right up to August 2020 however it has become clear that, the venue can not provide the service we have paid for since 23 May 2020, and they have unreasonably held on to our funds, without providing any service under the Contract. 24.   We have no additional contracts with the Venue and they have imposed terms which deny a refund, despite informing them in the Letter before action that we  request a refund of the full amount, this now includes interest from the day the Service was not provided up to the date of Trial, as we have been reasonable throughout the conduct of this matter. 25.   We have now had to face additional charges and costs which we will ask the Court to award at the Hearing, we can confirm that we have attempted to resolve this matter amicably since March 2020, but have been met with a blank excuse to deny a refund. 26.   The current Government guidelines highlight that wedding ceremonies allows for up to 30 guests at a sit-down wedding reception which came into effect from 15/08/2020. As detailed above, our current contract and payment has been for 350 people. Goosedale Limited are not in a position to provide this service. Legislation : We have made Goosdale aware of the legislation we will be relying on below, again we have waited for a response and this has not been forthcoming. GOV.UK – Competition & Markets Authority Guidance – Statement on coronavirus (COVID-19), consumer contracts, cancellations and refunds dated 28/08/2020. https://www.gov.uk/government/publications/cma-to-investigate-concerns-about-cancellation-policies-during-the-coronavirus-covid-19-pandemic/the-coronavirus-covid-19-pandemic-consumer-contracts-cancellation-and-refunds The Consumer Rights Act 2015 Unfair Terms https://www.legislation.gov.uk/uksi/1999/2083/contents/made The Consumer Contracts Regulations 2014 https://www.legislation.gov.uk/uksi/2013/3134/made
    • can you pop all those into one multipage PDF please so we can Zoom and not have to take all day to download single page files. read upload carefully  
    • Includes eligibility, appeals, tax credits and Universal Credit View the full article
    • POC   1.The Claimant ('C') claims the whole of the outstanding balance due and payable under an agreement referenced “ref number” and opened effective from 27/08/2016. The agreement is regulated by the Consumer Credit Act 1974, was signed by the Defendant ('D') and from which credit was extended to the Defendant.   2' The Defendant failed to comply with a default notice served pursuant to s87, . CCA and by 05/08/2019  a default was recorded.   3.As at -/-09/2019 the Defendant owed “Bank of SCOTLAND” the sum of 3897281.   4.By an agreement in writing the benefit of the debt has been legally assigned to the Claimant effective -/09/2019 and made regular upon the Claimant serving a Notice of Assignment the Defendant shortly thereafter.   5.And the Claimant claims- 1. 397281 2. Interest pursuant to Section 69 County Court Act (1984) at a rate of 8 % per Annum from -/09/2019 to -/08/2020 of 26171 And thereafter at a daily rate of 82 to date of judgment or sooner payment. Date 28/08/2010   Try this: from my files...   Defence  1. 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.   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. Paragraphs 1 & 3 are denied .The Claimant claims £3897281 is owed under a regulated agreement with HBOS on 27/08/2016. I do not recall the precise details or agreement.    3. On receipt of the claim form, the Defendant sent on date XXXXXX a request by way of a section 78 pursuant to the Consumer Credit Act 1974, for a copy of the agreement to the Claimant and on date XXXXX a CPR 31:14 request to their solicitors. To Date both remain in default of my requests and have failed to reply.   4. Paragraph 2 is Denied. I have never received a Section 87 Default Notice form either the Original Creditor nor the Claimant dated 05/08/2019    5. It is therefore denied 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 and evidence any cause of action and service of a Default Notice  (c) 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. As per Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.    7. 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 82 A of the consumer credit Act 1974.    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.
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CARFLOW ANPR PCN - overstay - The Oaks Car Park, Acton, London


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1 Date of the infringement= 08/11/2019

 

2 Date on the NTK [this must have been received within 14 days from the 'offence' date]= 16/12/2019

 

3 Date received= 18/12/2019

 

4 Does the NTK mention schedule 4 of The Protections of Freedoms Act 2012? [Y/N?]= Yes

 

5 Is there any photographic evidence of the event?= Unknown

 

6 Have you appealed? [Y/N?] post up your appeal]

Have you had a response? [Y/N?] post it up= Have not contacted Carflow so far

 

7 Who is the parking company?= Carflow

 

8. Where exactly [carpark name and town]= The Oaks Car Park, Acton, London

 

For either option, does it say which appeals body they operate under.= POPLA

 

There are two official bodies, the BPA and the IAS. = BPA according to the letter head.  BTW the link in the 'HERE' text doesn't work anymore and BPA register site is down right now.

 

Hi all,

 

I have received the attached letter through the post day before yesterday and this is the first correspondence I have seen of this parking charge so far. 

It seems to me quite aggressive to send 'Notice of Pending Legal Action', but I noted the language used indicates that there should have been previous letters, but this is the first letter I've found since getting back home and opening all my backdated mail.  

 

I've checked the advice for posting a thread on this so here goes:

To add to this, I was not the driver at the time and this letter first made me aware of the charge. 

There is an attached parking receipt from that parking session (all old parking tickets live in the door bin lol)  and the car park apparently operates a 2hr free parking allowance for shoppers as I have recently discovered. 

 

the ticket covered the whole remaining period after that free period. 

However, I seem to be at a disadvantage now as the tone of the letter indicates the appeals period has passed even though I am just aware of this a couple of days ago. 

 

I'm pretty sure this will be sent to a debt collector which would be an annoyance. 

Any advice on how to combat this at this stage? 

Ignore or send an email/letter to Carflow?

 

Any advice would be greatly appreciated. 

Please let me know if any further info is needed and I apologise in advance if I have missed any etiquette in posting a new threat.

 

CarflowEdited.pdf Parking ticket.pdf

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  • dx100uk changed the title to CARFLOW ANPR PCN - overstay - The Oaks Car Park, Acton, London

well done just about everything we need

you should always create your own thread..

 

onething i'm not understanding after a quick read..

 

are you saying you purchased [paid] for a ticket that covers the period on their demand? 

please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, DCA;s -  would collapse overnight.

 

DCA's view debtors as suckers, marks and mugs - that's why they will never tell you they are not bailiffs and have absolutely zero legal powers on any debt.

 

 

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The person driving at the time informed me that they purchased the ticket which covers the period after the apparent free allowance of 2hrs.  However I'm not crystal clear on this so I'm driving up there tonight to figure this out for myself.  But quick maths on my part gave me the impression that after 2hrs free the £3 paid would more than cover the remaining time.

 

I'll be able to confirm this point when I get over there.  Thanks so much for the quick response :)

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check they put the right reg in the machine when buying the ticket - I bet not.

 

dx

 

please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, DCA;s -  would collapse overnight.

 

DCA's view debtors as suckers, marks and mugs - that's why they will never tell you they are not bailiffs and have absolutely zero legal powers on any debt.

 

 

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Yes the registration is 100% correct in the ticket, I removed it in the attached copy using Acrobat for the whole 'no identifying info' thingy :)

 

So in your experience, at this stage, is it suck it up and pay or ignore them and contend with the debt collectors?  I feel frustrated I now have this bill without a chance to contest or query it.

 

On a side note, I'm sure you (dx) were the one who helped me defeat Lloyds bank years ago on my old CAG account ;)

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oh yes

for the minute we need to gather info.

like when they entered the car park

when they purchased the ticket 

how long was the ticket for

exit time.

 

those at present don't easily appear to be clear

but no you don't ever consider paying nor appealing until/if by some remote chance they send a letter of claim.

 

others will help too.

 

please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, DCA;s -  would collapse overnight.

 

DCA's view debtors as suckers, marks and mugs - that's why they will never tell you they are not bailiffs and have absolutely zero legal powers on any debt.

 

 

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If this is the only correspondence the driver or keeper have received them it will be laughed out of court but lest get all of your info sorted before it gets that far.

can you gte back there and get some photos of the entrance to the land and any signs at the entrance? also any signs around the car aprk and lastly pictures of the ticket machine so we can read any blurb that you read when buyinga  ticket f it is different to the wording on the signage.

With a P&D the blurb on the machine is the contract, not the random signs so most important.no mention of paying them  a fortue for nothing on the machine? then you cant owe them.

 

You have to bear in mind that these companies only make money when someone does something wrong ( in their eyes) so they invent things that arent specifically intended or mentioned and are not arerse to just making stuff up as they know a large proportion will pay up anyway and moan afterwards

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  • 4 months later...

Hi Guys,

 

I had a similar problem recently. I parked in this car park and paid for the entire period after the first 90 minutes which was free.

 

The carpark company has contacted me claiming that if you stay over 90 minutes you have to pay for the entire stay. This was not made clear at the time and there was no signage that I could see stating this.

 

The company has subsequently put up additional signage to make this clear but they are still trying to recover the money from me.

 

I have some photographic evidence but it is a close up of the unclear signs and not a wide-shot of the payment machine area, where the new signs are now displayed.

 

Does anyone have any pictures of carpark from 2019/early 2020 that I could use to aid my case?

 

Or, any other advice?

 

I really dont want to pay this ticket as it is unfair but just need to make sure my evidence is watertight.

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you need to create your own topic please

you wont get seen here..

 

hit create in the top red banner

 

 

please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, DCA;s -  would collapse overnight.

 

DCA's view debtors as suckers, marks and mugs - that's why they will never tell you they are not bailiffs and have absolutely zero legal powers on any debt.

 

 

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Casshern could you please get back to me as I think we were both screwed over by this parking firm and I would like to mount a case against them

 

 

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Hi.

 

The OP may or may not reply to you.

 

As dx says, you need to start your a new thread of your own rather than use one that was started to advise someone else, please.

 

HB

Illegitimi non carborundum

 

 

 

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