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    • love the extra £1000 charge for confidentialy there BF   Also OP even if they don't offer OOC it doesn't mean your claim isn't good. I had 3 against EVRi that were heard over the last 3 weeks. They sent me emails asking me to discontinue as I wouldn't win. Went infront of a judge and won all 3.    Just remember the law is on your side. The judges will be aware of this.   Where you can its important to try to point out at the hearing the specific part of the contract they breached. I found this was very helpful and the Judge made reference to it when they gave their judgements and it seemed this was pretty important as once you have identified a specific breach the matter turns straight to liability. From there its a case of pointing out the unlawfullness of their insurance and then that should be it.
    • I know dx and thanks again for yours and others help. I was 99.999% certain last payment was over six years ago if not longer.  👍
    • Paragraph 23 – "standard industry practice" – put this in bold type. They are stupid to rely on this and we might as well carry on emphasising how stupid they are. I wonder why they could even have begun to think some kind of compelling argument – "the other boys do it so I do it as well…" Same with paragraph 26   Paragraph 45 – The Defendants have so far been unable to produce any judgements at any level which disagree with the three judgements…  …court, but I would respectfully request…   Just the few amendments above – and I think it's fine. I think you should stick to the format that you are using. This has been used lots of times and has even been applauded by judges for being meticulous and clear. You aren't a professional. Nobody is expecting professional standards and although it's important that you understand exactly what you are doing – you don't really want to come over to the judge that you have done this kind of thing before. As a litigant in person you get a certain licence/leeway from judges and that is helpful to you – especially if you are facing a professional advocate. The way this is laid out is far clearer than the mess that you will get from EVRi. Quite frankly they undermine their own credibility by trying to say that they should win simply because it is "standard industry practice". It wouldn't at all surprise me if EVRi make you a last moment offer of the entire value of your claim partly to avoid judgement and also partly to avoid the embarrassment of having this kind of rubbish exposed in court. If they do happen to do that, then you should make sure that they pay everything. If they suddenly make you an out-of-court offer and this means that they are worried that they are going to lose and so you must make sure that you get every penny – interest, costs – everything you claimed. Finally, if they do make you an out-of-court offer they will try to sign you up to a confidentiality agreement. The answer to that is absolutely – No. It's not part of the claim and if they want to settle then they settle the claim as it stands and don't try add anything on. If they want confidentiality then that will cost an extra £1000. If they don't like it then they can go do the other thing. Once you have made the amendments suggested above – it should be the final version. court,. I don't think we are going to make any more changes. Your next job good to make sure that you are completely familiar with it all. That you understand the arguments. Have you made a court familiarisation visit?
    • just type no need to keep hitting quote... as has already been said, they use their own criteria. if a person is not stated as linked to you on your file then no cant hurt you. not all creditors use every CRA provider, there are only 3 main credit file providers mind, the rest are just 3rd party data sharers. if you already have revolving credit on your file there is no need to apply for anything just 'because' you need to show you can handle money. if you have bank account(s) and a mortgage which you are servicing (paying) then nothing more can improve your score, despite what these 'scam' sites claiml  its all a CON!!  
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PE ANPR PCN PAPLOC - Morrisons Bognor Regis **Canc'd by Morrisons**


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Hi 

Looking for advice for a friend who ignored Parking Eye PCN which were issued on ANPR after her car was parked for 23 mins in a Morrisons Bognor Regis carpark whilst her 85 year old father use the disabled toilets.

 

She has a disabled badge but presumably the ANPR doesn't pick this up but apparently this car park requires everyone to pay.

 

Date of event 9/11/19,

first letter dated 13/11/19,

reminder dated 22/11/19,

next dated 17/12/19.

Letter dated 1/1/20  is a Letter Before County Court Claim.

 

I understand that at this point we need your help as to the next step! 

With the LBA is an annexe info sheet.

Thanks in advance

 

 

 

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Hi.

 

I know you've given us some of the information but the advice here works best if you can answer the forum template questions and copy and paste the questions and answers onto this thread.

 

If your friend or her father appealed, could you also post up what they said please.

 

HB

Illegitimi non carborundum

 

 

 

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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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 Thank you.

Here is the info in the correct format:

 

Date of the infringement 9/11/19

 

2 Date on the NTK [this must have been received within 14 days from the 'offence' date] 13/11/19

[scan up BOTHSIDES as ONE PDF- follow the upload guide]

 

3 Date received Not sure but will have been within 14 days

 

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

 

5 Is there any photographic evidence of the event? Y number plate

 

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

Have you had a response? [Y/N?] post it up

 

7 Who is the parking company? Parking Eye

 

8. Where exactly  Morrisons Bognor Regis

 

For either option, does it say which appeals body they operate under. It only seems to mention appealing to ParkingEye Ltd and then says if any appeal is unsuccessful they will provide POPLA's details. I can't see a reference to BPA or IAS on the letter.

 

There are two official bodies, the BPA and the IAS. If you are unsure,

please check HERE

 

If you have received any other correspondence, please mention it here; 

Dates issued: 1.13/11/19 .

2. Reminder 22/11/19,

3. 17/12/19.

4.Letter before county court claim dated 1/1/20.

 

Thanks as ever

……....

in either case scan up bothsides of any letters/tickets in or appeals made out to ONE MULTIPAGE PDF ONLY

 

docs1.pdf

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look at other PE PCN threads here..

 

sent them the ericsbrother snotty letter.

 

post it here 1st mind

 

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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It may be a bit late but try contacting Morrisons CS dept by phone and get them to give you an email address to follow this up.

All the Morrisons in the south are ex-safeways stores and the planning consent will undoubtedly cover parking. The local council planning people will know but it will take them time to dig out the applications as they wont be on the portal as they are too old.

Let Morrisons know that you ahve found that PE dont have planning permissioon and that a big fuss will be made to the local press if they stick to the line that they cant help or you have to speak to PE.

you should look up the Chief Exec's email addy if the customer service people wont help, they have a team of peopel who wil do things if it looks like they are about to be embarrassed in public

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Thanks to you both,

I cant find the ‘snotty letter’ suggested but rang the customer services who very helpfully gave me the email address ([email protected] for anyone else who needs it). I said it was regarding a parking ticket. Assume I should I ask my friend to contact Morrison’s before responding to the LBC?

Is it definite that PE don’t have planning permission? Any tips on the content of the letter?

thanks as ever

 

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Hi again,

Having done some research, I would be grateful if you could let me know if the following proposed email to customer services would be appropriate? I would of course add the reference details on the LBC. Should I mention details of reason for stopping in the carpark?

 

Dear Sir/Madam,

I recently stopped briefly (23 mins) in your carpark. I have a disabled badge. I have recently received a 'letter before county court claim' from Parking Eye. I understand that under the 1992 planning permission agreement for the Morrisons car park there was a Section 106 legal agreement that prevents charging for the car park and that this section has not been varied. I therefore request that you inform Parking Eye that they must desist with this action and cancel the parking charge. I have no wish to communicate with that company myself and request that you do not pass on my email address. I do hope this can be resolved without having to contact the local press. I look forward to hearing from you.

etc

 

Thanks as always for your assistance,

 

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Look up the ceo email address forWm Morrison and fire off a  short but consise letter requesting they instruct PE to cease their actions.

 

The person who get the LBA has to respond to PE so knowing what the original planning consent said about parking will help enormously.

 

You will need to do a lot of reading up on parking and planning law as it is quite difficult to find the right points to argue and PE will tell lies to court when they are caught out on this.

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I wouldn't miss a chance to bash PE on the head..

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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Haha.

Have got the Morrison’s  ceo email address and sent it and my draft email (in my post on Weds above) to my friend.

She’s going to try and find out more from the council re planning permission before sending it to CEO.

 

The info I got was from a local newspaper report.

 

Any other tips gratefully received.

 

Will let you know if she gets a response.

Assume she must reply to PE before 30 days are up (31 Jan) unless she gets a positive response from CEO before?

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use our custom google search box

 

the more you read in this very same forum the stronger we become.

 

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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Share on other sites

Thanks,

 

Here is the proposed email to the CEO. She has till end of Jan to respond to the LBA. If she doesn't hear from the CEO before that, she presumably needs to respond to the LBA. Any feedback on the email gratefully received.

 

Dear Mr Potts,

I regularly shop at Morrison’s in [local Morrisons to my friend] where it is free to park. This a superb store, good produce, well organised and very friendly and helpful staff.  In fact I have accrued nearly 5000 points on my Morrison’s points card - see attachment below.

I am the keeper of a car that stopped briefly (23 mins) in your carpark at Bognor Regis on November 9th.

I have a disabled badge.

On the day in question the machine to get a parking ticket was not fully working -it did not take debit /credit cards.

On January 1st I received a 'letter before county court claim' from Parking Eye. I am writing to request that you tell ParkingEye to cease their threatened court action and cancel the parking charge. 
They have stated that I have 30 days to pay the £85 charge. Thus by January 31st. I would very much appreciate your support in this before that.

As you can imagine being threatened with court action is stressful, and the fact I am being treated for advanced ovarian cancer is stressful enough without anything being added to it.

I understand that under the 1992 planning permission agreement for the Morrisons car park there was a Section 106 legal agreement that prevents charging for the car park and that this section has not been varied.

I ignored initial letters as I am aware that these private parking companies often send speculative invoices masquerading as PCNs.

I have no wish to communicate with that company myself and request that you do not pass on my email address.

I do hope this can be resolved without having to contact the local press. I look forward to hearing from you.

Many Thanks

 

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  • 2 weeks later...

An update!

My friend sent the letter above, after we decided to delete the sentence at the end about contacting the press.

 

She received the following today:

I am pleased to confirm that we have issued instructions for this Parking Charge Notice to be cancelled.

Unfortunately due to the abuse we have on these car parks we have to have these controls in place but we are happy to look at, and cancel where necessary.

Thank you once again for getting in touch and please come back and see us soon.

Kind regards
 
Understandably, she is incredibly grateful to everyone on this site for the advice and assistance you provided and will be giving me some cash to donate to the site. I will make the donation on her behalf as soon as i know how much she wishes to donate.
 
Many thanks as ever, she really has enough stress in her life (as you can see from her letter) and this is a huge relief to her. 
Keep up the good work!
 
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:cheer2:

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 PE ANPR PCN PAPLOC - Morrisons Bognor Regis **Canc'd by Morrisons**

:yo:

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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Brilliant, one line of attack for others is that as he is 85 and disabled, the lack ogf a Blue Badge is immaterial on Private Land, it would be a Reasonable Adjustment under Equalities Act 2010, and you could have had a pop at them both PPC and Morrisons for breach of that Act.

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