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    • once a debt is sb'd nothing not even a judge can unbar it no harm in talking to BC at all. they are nothing to do with the claim they sold the debt in .........see NOA letter    
    • Here are the Particulars of Claim   Name of the Claimant ? Hoist Finance UK Holdings Limited   date of claim - 30th January 2020   Date  to acknowledge) = 17/02/2020   date to submit defence = 02/03/2020    Particulars of Claim   1. The claim is for the sum of £7939.36 arising from the defendants breach of a regulated consumer credit agreement referenced Under no xxxx926xxxxxx03   2. The defendant has failed to remedy the breach in accordance with a Default Notice issued pursuant to ss.87(1) and 88 of the Consumer Credit Act 1974.   3.The Claimant claims the sums due from the Defendant following the legal assignment of the agreement from Hoist Portfolio Holding 2 Ltd(Ex Barclaycard) Written notice of the assignment has been given.   4.The Claimant claims 1. The sum of £7939.36 2. Costs   What is the total value of the claim? £8449.00   Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC ( Pre Action Protocol) ? Yes dated 02092019   Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? Not sure   Did you inform the claimant of your change of address?Not sure Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? Credit Card.   When did you enter into the original agreement before or after April 2007 ?  After April 2007 actually August 2007   Do you recall how you entered into the agreement...On line /In branch/By post ? Can't recall   Is the debt showing on your credit reference files (Experian/ Equifax /Etc...) ?No idea   Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim. Claim issued by Hoist, so assigned.   Were you aware the account had been assigned – did you receive a Notice of Assignment? Howard Cohen solicitors says yes. I say no   Did you receive a Default Notice from the original creditor? Not to my knowledge   Have you been receiving statutory notices headed “Notice of Sums in Arrears”  or " Notice of Arrears "– at least once a year ? No   Why did you cease payments? Costly divorce and failed small business   What was the date of your last payment? Over 6 yeras ago I believe   Was there a dispute with the original creditor that remains unresolved? No   Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? Spoke to them many years ago   Will get on with CCA and CPR tomorrow.   Is there a danger that if he attempts to call BC he could take it out of staute barred?  I will have to contact him Spain so need to advise him what not to say.
    • DX ,thanks for spacing post BankFodder,  sorry, point taken,   FS
    • defence due by 4pm Monday 2nd   has he...   .  get a CCA Request running to the claimant https://www.consumeractiongroup.co.uk/topic/332502-cca-request-consumer-credit-act-1974-updated-january-2015/  leave the £1PO blank and uncrossed . .  get a CPR 31:14 request running to the solicitors [if one is not listed send to the claimant] . . https://www.consumeractiongroup.co.uk/topic/332546-legal-cpr-3114-request-request-for-information-when-a-claim-has-been-issued/ . . type your name ONLY no need to sign anything . you DO NOT await the return of paperwork. you MUST file a defence regardless by day 33 from the date on the claimform [1 in the count]   get him to ring BC ask last payment date tomorrow.    
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ssm90

Link Parking Windscreen PCN - residetial Parking in Owned space - Appeal Failed..

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Hello,

Firstly,

I am a few steps into this whole process so unfortunately I have missed out on the advice which states what I should have done initially.

I am hoping I can still salvage my situation from this point.

Facts-
- I own the flat and the parking bay that comes with it.
- The management company have hired a separate company (LinkParking) to manage the parking.
- I have a permit for my car but my car was elsewhere which is why I couldn't give the permit to anyone else.
- My girlfriend parked her car in my bay without a valid permit, instead we had a photocopy of the original permit

- I realise this is where I went wrong but the original permit itself was printed on a piece of A4 paper AND when I bought the flat I was never told about requiring a permit and had issues with these guys before.

Unfortunately we appealed to LinkParking with a substandard appeal (I realise this was substandard after reading through everything else on these forums).

They of course denied it.

We then appealed to IAS directly based on guidance from other websites, copy of the appeal is below-

I was issued with a parking ticket on 20/12/2019 but I believe it was unfairly issued.

I have responded to this notice and 'LinkParking' have denied my appeal and have requested I contact the IAS.

I am writing to you as per Section 7.4.2 from the IPC Code of Practice and would therefore like appeal this notice on the following points

The car was parked in my own car parking bay which I OWN.

I was still unfairly issued with parking tickets.


The lease agreement does not state that I require a permit to park in the bay as I own the property and the parking bay that comes with it as per the HM Land and Registry register. This lease has primacy of contract over any agreement the management company may have with LinkParking and therefore legally is invalid.


The large sum demanded amounts to a penalty and/or is not an accurate reflection of any loss suffered so it is not a reasonable charge.

The monetary claim is disproportionate, punitive and unjustifiable in total.

It may also be an unfair term and therefore in breach of Schedule 2 of the Consumer Contracts Regulations 1999.

The contractual breach can have caused no financial loss whatever to LinkParking or to the land owner.

 

Once again, the car was parked in my OWN bay and therefore did not cause damage to any third parties.
The Parking Charge Notice constitutes an invoice for payment.

 

Accordingly the invoiced charge must include an element of VAT.

However, the parking charge notice does not state either a VAT registration number or an invoice reference number and so cannot constitute a lawfully valid demand for payment.


Having examined the parking charge notice further I believe it is a non compliant demand for payment as the notice wrongly requires payment to be made “within” 28 days of issue which is contrary to statutory requirement that provides a period of 28 days from the date of receipt.
As a sign of good faith, I had purchased a permit anyway to avoid any unnecessary hassle for both parties but have been issued a notice anyway which is unacceptable.

 

I understand that LinkParking are appointed to monitor the car park to prevent trespassers and I agree with this but it seems it is the residents that are being 'ticketed' without good reason for parking in their own bay.

I look forward to hearing from you.

 



We have now received the following response today-

The operator made their prima facie case on 27/01/2020 14:10:48.

The operator reported that...

The appellant was the driver
The appellant was the keeper
The operator is seeking keeper liability in accordance with PoFA..
A manual ticket was placed on the vehicle
The ticket was issued on 29/12/2019
The charge is based in contract

The Operator made the following comments...

The appellant parked their vehicle on land we manage and incurred a charge as they were not displaying a valid permit.

Our signs clearly advertise the terms of parking and the charges which apply if they are met.

 

The appellant chose to display a very poor copy of one of our permits, it is a fraction of the size of a valid one.

We are unsure why they chose to do this and to date we have not received an explanation.

 

We do not have to prove any loss and invoice does not have to have a VAT number on it if the issuer is not VAT registered.

Our PCNs have passed audits by the IPC and DVLA.

 


In addition to this I have also looked through all my documentation with regards to any requirements to require displaying a permit in the contract and I can't find anything. I've owned the flat for almost 2 years now and I do not believe I was given any documentation which mentions this.

I have also looked at the HM Land Registry document which doesn't state I need a permit and I believe this ties in with the Primacy of Contract (my law understanding isn't the best).

I have also contacted the management company last week to request all information from them with regards to giving me copies of documentation which covers car parking, building services etc. so I have everything.

What really annoys me is that I didn't cause anyone any damage AND I WAS PARKED IN MY OWN BAY!!!

I really hope I haven't messed it up too much and this can be salved.

 

Any help for a response is greatly appreciated!

Thanks!

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please copy/complete the windscreen section of this q&A back here:

 

post up your ticket and their NTK bothsides too to one multipage pdf following our upload guide carefully.

 

you don't need to do anything further..

 

await/if they get one of the fake/tame paperwork only solicitors to send a letter of claim.

 

you are safe to totally ignore any DCA letters

a DCA is NOT A BAILIFF on ANY debt.

and have 

ZERO legal powers on any debt.

 

dx

 


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

 

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1 The date of infringement? 28/12/19 and 29/12/19 for same car parked in same car bay

 

2 Have you yet appealed to the parking company yet? [Y/N?] Yes

 

E-mail to Link.pdf  Unfortunately we used a photocopy of the original permit here but only because the original wasn't at hand. In addition, the original itself was posted to us printed on an A4 piece of paper.

 

if you have then please post up whatever you sent and how you sent it and the date you sent it,

suitably redacted. [as a PDF- follow the upload guide]

 

has there been a response?

please post it up as well, suitably redacted. [as a PDF- follow the upload guide]

E-mail from Link.pdf

If you haven't appealed yet - ,.........DONT ! seek advice on your topic

 

Unfortunately, I have already appealed to the IAS at this point.

 

have you received a Notice To Keeper? (NTK) [must be received by you between 29-56 days]

what date is on it

Did the NTK provide photographic evidence?

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

 

Haven't received this yet, only the PCN and the comments on IAS appeal page.

 

3 Did the NTK mention Schedule 4 of the Protection of Freedoms Act 2012 (PoFA) [Y/N?]

 

N/A

 

4 If you appealed after receiving the NTK,

did the parking company give you any information regarding the further appeals process?

[it is well known that parking companies will reject any appeal whatever the circumstances]

 

N/A

 

5 Who is the parking company?

 

Link Parking

 

6. where exactly [Carpark name and town] did you park?

 

Car parking in my OWN bay for the flat that I own in a block of flats. 

Cardiff, wales.

 

 

.............................

 

I haven't received a NTK yet, just the PCN.

 

PCN 29.12.19.pdf

 

 

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You own the space, if there is nothing in the deeds allowing anyone to put terms and conditions onyour property, and as you say you have primacy of Contract over the MA and their PPC, do as DX says ignore until a letter of Claim, then a ericsbrother style letter stating why they will fail if they persist in their madness would be a good move.


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7 hours ago, ssm90 said:

I have also looked at the HM Land Registry document which doesn't state I need a permit and I believe this ties in with the Primacy of Contract (my law understanding isn't the best).

 

On the contrary, your understanding is superb - well done on looking up and understanding Primacy of Contract.

 

Follow brassnecked & dx's advice.  You won't be paying these chancers a penny.


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Just a note that these appeal Trade Associations, are bodies these fleecers belong to so they are allowed to operate, appeals almost always fail, and by appealing important protections under POFA are lost as the appeal almost always identifies the driver.  Irrelevant in your case as you own the space, and the PPC have no rights in law over it.  POPLA appeal could also fail as POPLA wouldn't look at primacy of contract and the fact you own the space so can tell the PPC to Foxtrot Oscar. Whole Private Parking Industry is a money machine for unscrupulous ex cowboy clampers.


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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!

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As you say, you own the space so they have trespassed on your land to slap the ticket on the car in the first place.

You should not play their game but stick to the law. The management co cant force you to display a permit and they cant authorise the parking bandits to do anything on your land.

 

Is it in your lease that they get to choose who may visit your flat or how about what you have to eat ? No chance and the same goes here.

By giving them any credence and appealing you have just made it more likely they will continue with this stupidity but the result will aways be the same, they will lose.

Look up the case where a person in your position sued the parking co for trespass and won I'm sure it was UKPC who were the losers of that. Whe they send their next demand tell them that you are minded to sue them for the trespass and harassment and perhaps they should get a good solicitor to advise them on the law as Will and John at the IPC are incompetent and too self-interested to be any use.

Dont be polite

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It's Link here EB, not UKPS, but same precedent, I think this is one of the two we know about on Prankster's blog where they lost in very similar circumstances when they tries a County Court claim against a Resident who owned their space, they lost a further case against a guest permitted by the Resident  to park in their space they sued in the first case.

 

These would be very persuasive if Link are silly enough to ignore a snotty letter telling them to Foxtrot Oscar as they have no legal claim for Diddly Squat after  they stupidlya Letter before Claim.  Might also be GDPR implications later for unlawfully asking DVLA for your details and then unlawfully processing the data. Also Questions for the managing agents foryourself and other Residents as to their right to even bring in the PPC.  Is the development gated, or any retrictions on access?

 

http://parking-prankster.blogspot.com/2017/05/ukpc-lose-residential-case-will-vicim.html

 

https://parking-prankster.blogspot.com/2017/07/ukpc-lose-residential-case-tenant-can.html


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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!

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aware of that but my scribbles will hopefully make the court case easier to search.

 

The managing agents may or may not have the authority to offer and enter into contracs with third parties dependant upon ther contract with the freeholder but that still doesnt give them the right to tell anyone what to do in their own property hence the comment about having a say in what you have for tea.

judges often get tied up in the relationship between the freehold and the managing agents so clarity is key on this point as parking is sometimes allocated rather than part fo the lease. The drawings on the deeds will make that clear enough for even the greenest judge

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Great EB, you have provided the direction for ssm90 to look regarding kicking stink into touch


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 OTHERS

 

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!

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