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    • I have not looked much at your WS though it is looking good. I would have mentioned that as they failed to comply with  Town and Country Planning (Control of Advertisements) (England) Regulations 2007. that they are in breach of their agreement CoP with BPA to keep to all the legal requirements in running their parking  operations. It calls into question their right to apply for motorists data from the DVLA. I would wait for their WS to arrive so that you can pick holes in that too. howver watch that if they are late that you send your off just within the Court guidelines. What you are tying to do with your WS is to put your side of the case plus put CEL in as bad a light as possible for them to  decide that they don't really want to go to Court after all.
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    • I am bound to say that their alleged contract is probably the weirdest I have seen. Considering it is supposed to be a serious legal contract to set out the conditions under which CEL manage the parking on land that does not belong to them it leaves a lot to be desired. For a start it does not comply with the BPA Code of Practice which is   7.3 a the definition of the land on which you may operate, so that the boundaries of the land can be clearly defined b any conditions or restrictions on parking control and enforcement operations, including any restrictions on hours of operation c any conditions or restrictions on the types of vehicles that may, or may not, be subject to parking control and enforcement d who has the responsibility for putting up and maintaining signs e the definition of the services provided by each party to the agreement.   Sono  mention of hours: no mention of types of vehicle restrictions: no mention of who is responsible for the erection and maintenance of signage and much more serious -no mention that CEL have to comply with the BPA Code of conduct-that one is listed on 7.1.  All it states is that the operator can pursue outstanding PCs in accordance with the COP but that is not the same as saying that CEL will abide by the CoP which it must say. Also AFAIK the only entity that can pursue for trespass is the land owner regardless of what this quasi agreement says. There is also no mention of the financial aspect of the arrangement nor how the long it lasts and what notice is required for either side to terminate.     It might be worth writing [not emailing ]to Medburn Estates asking them to confirm if this is the only agreement with CEL and whether they think it right that CEL have not received planning permission for their signs from the Council rendering their signs illegal which is more serious than unlawful and therefore all PCNs issued are worthless and should not have been issued as it is impossible to form a contract with motorists when the signs are illegal. Also that as CEL are their agents Medburn Estates LTD are responsible for the actions of their agents. You could also ask them to cofirm that the signature on the paper is that of their Director, Anthony Brown and whether their copy has a counter signature of a CEL representative. Carry on that CEL are taking you to Court and as another Judge has asked a Landowner to appear in front of him to explain their contract, whether it might be in the best interest of Medway to have a serious conversation with CEL to avoid any possible  embarrassments in your  [ie Laluna] Court appearance.        
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meg&mog

OPS/QDR ANPR PCN Claimform - no ticket - GS Car park Leicester LE1 3DL - but a bought one!!

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Hi Guys

 

I am looking for help for my daughter who has received court papers from a solicitors on behalf of this company 

 

the story is

she visited the hairdressers one Saturday morning and used the car park behind the salon run by this company this was in Dec 2018 

 

The lady doing her hair told her this company were known for ripping people off and accusing them of not having a ticket or not parking wholly on the bay etc etc in order to fine them so she advised my daughter to keep her ticket 

Amazingly my daughter did in her glove box

 

she received these court papers dated 7.2.2020 on Saturday morning

they accuse her of not having a ticket

 

the problem is the ticket is very faded barely anything is readable but there is a clearly visible number at the bottom

I wondered can they trace her car through this number?

 

is there anyway I can fight this

I intend to fill in a defence in these papers and enclose a photocopy of the ticket

but I wondered if anyone had any other advice or should we just pay it?

 

many Thanks guys 🙂

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1st its not a fine.....………..

2nd don't ever think of using the paperwork sent

you use MCOL website.

 

however DO nothing till we get all the correct info please

 

please complete this:

 

 


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.

 

 

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Scan the ticked and try enhancing it in a photo editor, it might pull some of the detail out


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Name of the Claimant ? One Parking solution ltd

 

claimants Solicitors:QDR Solicitors ltd 

 

Date of issue – 07 FEB 2020

 

What is the claim for – 

 

1.The claimants claim is for an outstanding parking charge issued to vehicle XXXXXXX when parked at GS Car park Leicester LE1 3DL. The site is managed by the claimant.

 

2.The defendant is the keeper of or the driver named in accordance with schedule 4 of protection of freedom act 2012 of the vehicle.

 

3.Vehicles parking at the site are subject to the parking restrictions and terms and conditions which are set out on signs at the site and form part of a contract between the driver of the vehicle and the claimant.

 

4.On 15.12.2018,the vehicle was parked at the site in breach of the contract the contravention being No Payment Ticket.

 

5.By entering this contract the defendant agreed that they would be liable for £100.00 parking charges plus additional contractual charges incurred by the claimant for the collection of the debt pursuant to the terms and conditions 

 

What is the value of the claim total claim £257.00 

 

Has the claim been issued by the Private parking Company or was the PCN assigned and it is the Debt purchaser who has issued the claim ? the claimant is One Parking Solution LTD 

 

Were you aware the account had been assigned – did you receive a Notice of Assignment? No 

 

I hope I’ve done all this properly guys 😬 so confused 😐 

 

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well don't be there are 1000's of the speculative invoice claimform threads here to read later

1st...

 

pop up on the MCOL website detailed on the claimform.
.
 register as an individual
 note the long gateway number given
 then log in
.
 select respond to a claim and select the start AOS box.
.
 then using the details required from the claimform
.
 defend all
 leave jurisdiction unticked.
 click thru to the end
 confirm and exit MCOL.

 get a CPR 31:14 request running to the solicitors [if one is not listed send to the claimant]

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]
 

please get and scan up all the paperwork she has bar the N1

and scan it to ONE multipage pdf

read upload

………...

 

she must of had quite a few letters to before it got this far so at somepoint 

read our UPLOAD guide carefully and scan them all up to ONE multipage PDF

 

was this a machine where you had to type in a reg number?

and did one of the letters mention ANPR with 2 photo's of in/out?


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.

 

 

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Hi 

 

Thanks so much for helping 

 

I will go on mcol in just a second and do as you have instructed 

 

after speaking with my daughter she said a friend told her it was a [problem] and to ignore the letters so she hasn’t kept them she said there was about 3 but hasn’t been any for a while 

 

she also said it wasn’t a machine she had to put her reg in and there was no mention of ANPR or pictures 

 

should I still go ahead with mcol given that information?

 

Thanks again 

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ofcourse still go ahead.

 

now reading what they have said in their POC...

it says a Parking charge notice was issued WHEN she parked

so this seems like this is an parking warden (or local person..another business owner/snoop? with a camera / phone? dubbing people into OPS for a backhander? - naughty they can't do that!)) , so there must have been a RCN attached to the windscreen when she came out?

or

this is a CCTV capture , but how does a CCTV operator know she doesn't have a ticket..urmm. interesting things to go work out? ask the hairdresser, they might know.

 

anyway get all of my last post done.

 

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.

 

 

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your daughters car? SHE must do this but you can help her.

 

What correspondence did she receive prior to the claim form?

 

Copy the ticket several times so even if it detiriorates further she will still have somehting to show

 

I already see problems with the particulars of claim but that is a technical matter so nothing to jump up and cheer about at the moment.

 

Does the lady still work in the hairdressers?

Would she be willing to sign a statement about the behaviour of the company and this event?

 

The ticket number is important but they will deny they are in the wrong so knowing what she received before this will be of greater use in the long run.

 

However,  she will be letting the solicitors know that she still has the ticket and that she will be seeking a costs order whether they continue with the claim or not for their unreasonable behaviour and also suing them for the unlawful processing of her personal data as per VCS v Phillip, Liverpool CC dec 2016.

 

It is just a matter of timing for this, I would wait until  a defence is submitted and then send the letter to the solicitors.

That way they will charge the parking co for telling them to drop the action

 

this is telling them that they have no claim and she has a big stick to beat them with. It has been known for a parking co to actually pay the £250 demanded for the breach of data law without a fight

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Hi Guys 

 

Thank all of you for all the help so far 

 

we are going to sit and do the mcol thing when my daughter finishes work later I know I can’t do it for her she came out of work last night to a flat tyre so she had to be towed home kind of took up most of the evening 

 

Anyway we will get it done today 

 

In reply to DX100uk there was nothing on her car when she came out of the hairdressers she has no idea how they come to conclusion she had no ticket 

 

The hairdresser told her they had done the same thing to a 92 year old man but he didn’t want to argue so he just paid the £80 they were demanding she actually asked my daughter where she had parked in order to warn her about this car park my daughter is going to message her on Facebook what should we ask her? 

 

It probably doesn’t make any difference but the car park isn’t actually there anymore there is no car park there at all 

 

I will update later when the mcol thing is done this is all a bit scary will we have to go court?

ive been on thier website they talk about High court bailiffs and all sorts 😬

 

Thank you all again for all your help I will keep this thread updated 

 

Thank you 

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the lack of a car park does make a difference because you cant get pictures of the signage etc to challenge their account.

You will need to gte pictures of thisng as they are now so if it gets to court you can show the lack of any evidence of her supposed breach but in the meanwhile please tell us the exact location s we can look it up on google noseyneighbour and use the archives images feature to go back in time.

So get the acknowledgement of service done and dont do anything else yet, get the CPR 31.14 request for documents sent off now so their clock runs down  before you ahve to sbmit a defence and you can then put their failure to produce any documentary evidence in your defence as well as the facts of the matter. That will help you later when showing their claim is rubbish and they are being  unreasonable

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that's why you don't read the crap on their website

everything is geared at every level

just like a DCA chasing consumer debt

to kid you into thinking they are superhuman and can gran things out your home, your gran, your budgie, your car

truth is THEY CAN'T!!

 

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.

 

 

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they can only make a living by  misrepresenting their position hance the additional lies on their website. if you are wavering over the legitimacy of their demand then the threat of having heavy footed blokes taking your telly will  make you jump in the right direction as far as they are concerned. they rely on your ignorance to make any of this work

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Hi 

 

Thanks again guys so grateful to you all

 

i can get pics I am sure the hairdresser will nip out and take some for us if not it is only in my local town centre my daughter is on her way I will get her to do it today 

 

I put the location of the car park in a earlier post 

 

I will report back later today Thank you again 

🙂

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You have scanned the ticket she bought  for the parking?  Might be able to enhance it digitally enough to make it readable.


We could do with some help from you.

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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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I have taken a pic on my phone of the ticket I obviously still have it we do have a printer with a scanner so I can do that if you put it in natural daylight you can really faintly see 15/12 which is the date they are accusing her of not having a ticket on but I don’t know if I want to see it if you know what I mean I’ve asked all my family they see it too but we want to so I don’t know 

 

I’m really hoping the number that is really clear is there for traceable reasons keep thinking why would it be on there otherwise 😬

 

but maybe that’s too easy the end of the day she had a ticket and I would have thought they would have photo evidence of no ticket displayed if as they say she hadn’t 

 

Thank you 

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Displaying a ticket doesn't deter these people they would take a picture in such a way as the ticket couldn't be seen. if you scan it and post it up here as a pdf, it will help ericsbrother and others to help you with best defence. we may be able to enhance it for you also. posting up as pdf means only other Registered and Logged In caggers can view it


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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Ok great Thank you I will get my husband to help me do that 

 

I’m so sorry I’m rubbish at that kind of stuff I can barely work my phone 😬

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Look,

they are going to lie through their teeth because they have spent about £70 on this so far for no result.

 

Now the car park is in Mansfield St yes?

There are 2 car parks there next to each other so mark detail needed. 

You put the postcode in your header but we like very specific responses when we ask for a location

 

as for example, in a case in Wales there were 3 car parks next to each other and all were run by different companies and the case hinged on whether the punter was confused by the placing and content of the signage.

 

Their use of the same scant detail can be to your advantage so get pictures of BOTH car parks so doubt as to what land they manage is created

 

In your case i have looked at google and the streetview images show signss at the entarance to the car park that offer parkig terms but make no mention of a £100 charge or any management being by these bandits. So that means the offer of a contract can be accepted by reading and obeying the first sign and there is no obligation to consider any other blurb and that means there was no agreement to pay the crooks a penny.

 

Do some screen shots of

the entrance and these signs,

the small signs scattered about are too small to read on screen and that is a blessing in itself,

how are you supposed to agree to something if you cant read it?

 

Also you need to change your mindset and forget about honesty and reasonableness when it comes to parking companies.

you now have to prove they are wrong

- you cant even call them dishonest because in a small claims court the judge will accept that people are telling things that are true from their perspective and if is the judges job the sort out the relevnat fcats and law and apply a judgement based on that.

 

if they prefer a particular version of events they will usualy say so. this can be code for saying the losing side ate out and out liars but that will never be recorded.

 

So you have a job to do, provide evidence that makes their claim unenforceable and make them look like unreliable witnesses. generaly that is quite easy but you have to put a bit of time and effort into it when the so and so's dont deserve the attention.

 

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ok Thank you I will get that done 

🙂

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Hi Guys

 

just an update the mcol thing has been done 

 

now I have to do this solicitor thing? Is it a letter I need to print off and send? Any special instructions?

 

Also my daughter went and took loads of pics of the place as it is now it is still being worked on it is becoming another car park different name company she’s taken pics of the signs that are there now and everything half of it is still a building site 

 

Thanks all

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CPR is in post 5

click it

add relevant pers details

print

and send to qdr

 

do NOT SIGN IT


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.

 

 

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Hi 

 

Ok great Thank you for that 

 

does it need to go recorded? Or just regular post? 

Thanks 

 

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Regular first class with free proof of posting from post office.


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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Thank you

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raed a large number of other private parking threads and all the answers to your questions will be there.we can help you but you and your daughter need to understand properly what is going on otherwise if it comes to a hearing you will be at a disadvantage and could well snatch defeat from the jaws of victory.

At this stage showing that you know the procedure andthat you are looking forward to the fight will make them think about their actiosn because they are in reality abusing the court process to cowerce you into paying rather than having a genuine claim

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