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    • get the FOS done and see. i have a feeling you might not need to do the latter.    
    • Noted, thanks re-draft it is then 🙄    If it does go to FOS and its upheld can I also go for the throat and apply to set aside the suspended judgement (consent order) based  CCA  sections 86E not providing default sum notices 86(5) not entitled to enforce agreement  87(1) and 88(2) leading to unlawful repudiation of the credit agreement. Just an idea. 
    • CB ....this conclusion is true.   as for PB, i can assure you that user most probably ( well i know but shouldn't say} holds the record here for the most reported posts by users as well as from those of the site team concerning his posts. if you hold on someones username further info can be seen.   however , a bit like say vodaphone or virgin media , very large companies with millions of customers will get the most complaints made against them...and that equates to posting levels here too. as for 'royalties account holder' that again merely points, by a default label in the software package we use, to the number of posts made.   one could further this by noting were we to agree with all their posts they would be on the siteteam... i will leave you to understand why not .....       don't think anyone did?    regards  DX
    • Is it just that? Oh I thought it was because of all the effort he and others made to rightly bring DCBL to court. But he just got lucky there I suppose. Lucky he didn't bring his complaint to this forum first because if he had of done, he'd be £10K poorer right now. And for something that Peterbard describes as benefitting from being newsworthy, I am struggling to find all the news reports that refer to it.       Confucius  say "he who backpedals, falls off bike."    I'm not surprised in the least that you, a gold account holder on this forum, would adopt a dismissive attitude to this well deserved victory in court against DCBL, however I'm curious as to why you opted to reduce the issues at stake to being 'simply' about ' the EA fell foul of the regulation which defines "relevant premises".   That certainly wasn't any argument that Iain Gould furthered and he's a civil actions lawyer whom, dare I say it, know a hell of a lot more about trespass and misuse of private information than you do.   The judge never mentioned "relevant premises" either. Not during the hearing or in his judgement. And you never mentioned it either prior to know. In fact, in the original  in the original 2018 thread you even went so far as to suggest that whatever address was on the writ was irrelevant because, "interestingly, if the address is not  a requirement it would not be possible to sue the bailiff for wrong attendance under section 66."   Not that your wrongfully held opinion that non debtors are also subject to the Tribunals Courts and Enforcement Act 2007 matters, because as I had already pointed out in the first video because the claimant wasn't suing for wrong attendance under section 66.   He sued for trespass. Part 66 never applied to him because he was not the debtor and never had been. You and the likes of DCBL can disregard that obvious point as much as you like, but bailiffs do not have a blanket immunity from trespass.   Have a look at the article Iain Gould has written on his blog about the case. It might help you understand the tort of trespass in some small way, and might help you adopt a more balanced approach to those poor sods who owed no debt and have had their homes raided and their privacy breached by EAs, and then - to add insult to injury - they come to you looking for help.   What makes it worse is that your defective understanding of when an Enforcement Agents action can give rise to trespass is backed up by your site team members who think it's their job to echo your mistakes not by justifying what you say - because they can't - but by making defamatory remarks at the expense of those who give the 'correct advice'.   Unlike you and your team members I don't hide behind the protection of anonymity. Nobody can hold you to account if you get it wrong, or heaven forbid, if it turns out you  have been working for a firm of debt collectors all along. To add to this, you don't seem to care much about removing libellous remarks from your forum when a legitimate complaint is raised.   To respond to Bank Fodders comment that "At some point in the video it has screenshots of this forum and the narrative suggests that some people agree that an enforcement agent has the power to enter into a property to check on identity. I think that it is intended that the CAG is associated with this belief."   Seriously? I have to point it out to you.   Maybe it has something to do with key members of this forum smearing me on the original thread by saying how wrong my narrative was and then implying I was a Freeman of the Land.   Maybe it had something to do with Gold Member Peter Bard leaving this comment on the same thread that stated:   "The point I was trying to make is that the EA will not be as interested in paperwork as in physical proof that the debtor does or does not live there.   As said there is no requirement for an address on a warrant, in fact the debtor may live at several addresses and the bailiff may attend to serve at any of them. The warrant is against the debtor, not the debtor at an address. It requires only enough info to identify the person.( see CPR wherever it is).   The bailiff will be much more interested in getting in and checking for clothes in wardrobes, sleeping accommodation, letters etc."   I'm sorry if that wasn't enough for you to justify me bringing that point up in the video. I did consider coming here before I completed it and asking those members if they intended to maintain their position that the Enforcement Agent had acted within the law but strangely the forum account I had used to make my first and only posting on this forum in 2018 - to counter the smears - would not allow me to sign in.   Far be it from me to draw any conclusions about my input not being welcome here, I figured Peterbard and some of the key members here would use their creative skills at providing a blanket immunity from civil liability for all EAs by misinterpreting key legislation in their behalf.    It looks like I was right about that also. Unfortunately I have given in to temptation, and am choosing to respond, even though I know how utterly futile it is.
    • There was another poster (Hammy1962) who understood (#3) the distance selling point you were trying to make, but you may have inadvertantly put him off in your subsequent post.  He may still be following this thread.  Wonder if he has any ideas that could possibly help you?    I'm concerned about how you continue if the TS route is not helpful...
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OPS 2017 Windscreen PCN - Outside lines - Vantage point , brighton - Now Dcb legal letter of claim - i have moved too


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hi everyone, 

 

I hope you're well and thank you for reading! 

 

I got a fine from one parking solution in 2017. I had apparently parked in an marked bay , but at the time the car park was a dumping ground with fridges,  washing machines everywhere and the lines on the floor not really visible so I didn't even realise it wasn't a bay. Just looked like a messy car park. 

Anyway I got a fine. I contacted them with photos to appeal and got no response.  

A year later a letter from a debt collectors,  i followed advise online which  was to send two letters one with an offer to pay the original fine as a goodwillgesture and not accept liability and the other to again to appeal. I got no response. 

2019 I got a letter from DCB but not legal. I ignored it. 

Fast forward to now with a letter with this letter of claim asking for a response within 30 days .

 

I have unfortunately mislaid all the photos and the proof of sending them letters. 

 

Is there anything I can do? 

Thanks!

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Posted (edited)

First of all, it is NOT a FINE. Only a court has power to issue fines, the Police can issue Fixed Penalty Notices, a Council can issue Penalty Charge Notices, none of these is a fine. 

 

What you have received is a Parking Charge Notice - also known as a Speculative Invoice. Designed to mimic official penalties and referring to it as a FINE will not only give a specious piece of paper an appearance of legitimacy that it does not warrant, but will also give Site Team DX100uk apoplexy as it is his pet hate!

 

Before you do anything, read other threads in this forum, you will then understand the processes and the way that these underlife pretend to have powers that they do not. Forget Channel 4's Can't pay we'll take it away', they are not acting as bailiffs merely Debt Collection Agents with no power.

 

 

Edited by Gick
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My time as a Police Officer and subsequently time working within the Motor Trade gives me certain insights into the problems that consumers may encounter.

I have no legal qualifications.

If you have found my post helpful, please enhance my reputation by clicking on the Heart. Thank you

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As Gick indicates not a FINE, if it is a genuine Letter Before Claim could you post it up as a PDF, with personal details and any reference number/barcodes hidden please

 

Also if you could answer the questions in this sticky, we can see where you are at.  If a LBA probably a snotty letter, but the Team can advise best response once we have full picture what PPC originally sent the Invoice?

 

 

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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Post up the letter redacted of your address etc; it may not be a Letter Before Claim but just another begging letter.

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Posted (edited)

Thank you so much for the replies already!

 

Just to add to the original post , I no longer live at the address that they've send the letter to (have changed my address with DvLa) not sure if it makes a difference 

 

For a windscreen ticket 

1 The date of infringement?

11th February 2017
 

2 Have you yet appealed to the parking company yet? Yes. I dont have any evidence of it as it was from 3 years ago. I sent photos of the car park and my parking ticket . I still have the paid parking ticket 

 

has there been a response?

No. 
 

 

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

I can't recall this. But I believe I may have 

 

When I received debt collectors letters , I then sent the offer to pay letters and the PDA

 

5 Who is the parking company?

One parking solution 

 

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

Vantage point , brighton 

08-13-2020-11.24.33.pdf

Edited by FTMDave
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Posted (edited)

I've had to remove two of the letters as your personal details were showing.  Please redact your details and repost.

 

You need to reply, and you need to give them your new address as they might well issue a county court claim at your old address which you would then lose as you wouldn't know about it!

 

Well done on hanging on to the ticket to show you paid.

 

Is there no way of getting your hands on photos to show the lack of marked bays?

Edited by FTMDave
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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

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  • dx100uk changed the title to OPS 2017 Windscreen PCN - Outside lines - Vantage point , brighton - Now Dcb legal letter of claim - i have moved too

I very much doubt that OPS will dare take you to Court having added on an unlawful  £60 to the PCN.

They have been savaged by several Judges in Court claiming the extra charge is an abuse of process and are currently discontinuing all cases just before they go to Court hoping that the pressure on the motorist for a Court hearing  will force a payment  and avoid going to Court.

 

It is a shame that you offered to pay them the reduced amount under cover of "without prejudice" since that would have shown your willingness top pay for something that probably isn't really owed.

 

In the meantime I would write a letter to the SRA complaining about  DCBL adding an unlawful amount when they have had their cases thrown out of Court for adding that £60 or sometimes £70.

OPS were in trouble with Judge Harvey  at Lewes Court back in February for adding that £60.

 

As  it's OPS as opposed to any other car parking crooked company, I would be inclined to write to Judge Harvey asking for his comments.

 

I cannot find the case online but it was reported in this Forum a couple of months ago.

I am sure that one of the Site members will be able to find it for you.

 

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Make sure you write to OPS and inform them of your new address and let them know that you look forward to them continuing their pointless actions at your local county Court, which just happens to be Lewes (even if it isnt) You can tell them that they know how to get there by now.

No need to be polite, they have been called out as crooks by a judge so it is OK for you to remind them of this

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Posted (edited)

Reloaded those letters,  hopefully no personal data this time 🙈

 

I also found the photo I took of the bays , but i realise now they arent of my car in the carpark , just the car park with poor markings 

 

So points of action

- contact SRA 

- contact OPS rather than DCB with  my new address? So ignore DCb completely? 

-are there any example letters on here I can use ? 

 

Thanks so much , its SO appreciated!

 

pda (1).pdf

 

offer to pay - pcn (2).pdf

Edited by Rmg2020
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hi ya

can you please scan as jpg

redact using MSpaint and then convert to PDF?

 

we dont need it to be optically character recognised and converted to differing fonts sizes

 

read our upload guide carefully please

 

same with you picture

put everything in one multipage pdf

 

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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dont bother with the SRA yet, that should be after the case is either dropped or you have won.

 

Your contact OPS directly, they pay the solicitors to do what they want so will be told what to do.

if they do try to lodge a claim via your old addy it will be OPS that are in trouble unless they can prove they told DCB legal to only write to new addy.

 

Lawyers are like taxi drivers, they go where their clients want them to go except when it is illegal to do so and the they are liable for their own mistakes

 

we would like to see the piccies of the car park.

It doesn't matter you car isn't in the pictures when you are arguing about whether an offer of a contractual consideration was clear enough.

 

If i ran a car park in Brighton and had a term that says no parking on the moon and ticketed you claiming you were there would a court expect you to produce a picture of your car on the moon to prove it wasn't there?

better to show the impossibility of the offer than trying to jump through their hoops

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16 minutes ago, Rmg2020 said:

I think i have done this now. Sorry not very technical . Do you mean put everything i have attached in one document?

 

That seems to be what you've done. Clever. :)

 

HB

Illegitimi non carborundum

 

 

 

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Posted (edited)

Here is the case I talked about on an earlier post-

https://www.dropbox.com/s/ejv0ytejgnu4f57/One Parking Solution v Ms W 5 Feb 2020.pdf?dl=0

just ignore signing in  and read the whole case and then you will understand why OPS shouldn't take you to Court.

And why you shouldn't even think of paying them a penny.

Edited by lookinforinfo
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  • 3 weeks later...

I am sending this to them. Any feedback appreciated!

 

To whom it may concern, 

Your agent DCb  have been sending letter to my old address.  Please note my new address which has been changed with DVLA for at least two years is : xxxxxxx

I dispute the Parking charge notice that was issued originally and have contacted your agents previously of such and have not received any correspondence back. 
The car park is a disgrace and more like a dumping tip . 

Furthermore,  your agent has added on an unlawful fee to the PCN which several judges in court have said is an abuse of the process and have discontinued  the the cases. Your particular company have been called crooks by the judge at the local country Court in Lewes, so you're more than welcome to continue this unlawful case. 

I will be also writing to the SRA to advise them of your agents abuse of adding unlawful charges.  

Yours sincerely, 

ARRIENI

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I would just send the details about the address, don't  mention the other stuff it will only encourage them, just hang fire until a couple more CAGGER's have responded.

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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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yep simply ref their PCN NUMBER or their ref number

 

please note my new address.

 

thank you.

 

dx

 

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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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