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    • Thanks. I often use this free site  https://www.sejda.com/compress-pdf  for work to compress PDFs. If it's no good, as you say, split it, and we'll do the biz at this end tomorrow. Knackered here - more in the morrow.
    • This is the covering email response (all personal details removed) - the pdf with all the info is 8mb - too big to upload - I'll need to split it and redact it tomorrow. Dear, We write further to your recent correspondence. We note from this that you have submitted a Request for Access pursuant to Article 15 of the UK General Data Protection Regulation (UK GDPR). We wish to confirm that the response provided below, and via the enclosed documents, concerns the Parking Charge referenced above. This data is provided on the basis that we note that you have already been identified as the registered keeper of the vehicle in question in relation to the dates of 22nd August 2023 and 11th September 2023 and therefore we can be satisfied, to the standard required, that the data collected and processed in respect of that vehicle on that date is personal data pertaining to you. We can confirm that your name and address were provided by the DVLA on 26th August 2023. This data was provided as you were identified as the registered keeper of vehicle in respect of a breach of the parking terms and conditions that took place within Mary Street, Carlisle on 22nd August 2023 Parkingeye can confirm that we issued a total of 5 items of correspondence to yourself to date prior to any further recovery or legal action. The address used was the address as held by the DVLA for the Registered Keeper of the vehicle. As no response was received to any of the correspondence sent, Parkingeye contacted a tracing agent to obtain any potential alternative address. To which end, an alternative address for yourself was provided and further items of correspondence were sent. Please note, whilst Experian are a credit referencing agency, no credit check has been undertaken in relation to this Parking Charge. We only utilise their tracing service in order to obtain alternative contact details. For clarity, personal data sent to our tracing agent is done so via an encrypted transmission route, therefore we do not hold physical copies of the same. The categories of personal data we send to them is your name, address and vehicle details. As Parkingeye did not receive any response to the correspondence sent, we entered into legal proceedings on 8th January 2024 in order to recover the outstanding sum owed for the Parking Charge and further costs were incurred. We can confirm that your name and address were provided by the DVLA on 15th September 2023. This data was provided as you were identified as the registered keeper of vehicle in respect of a breach of the parking terms and conditions that took place within Mary Street, Carlisle on 11th September 2023 . Parkingeye can confirm that we issued a total of 5 items of correspondence to yourself to date prior to any further recovery or legal action. The address used was the address as held by the DVLA for the Registered Keeper of the vehicle. As no response was received to any of the correspondence sent, Parkingeye contacted a tracing agent to obtain any potential alternative address. To which end, an alternative address for yourself was provided and further items of correspondence were sent. Please note, whilst Experian are a credit referencing agency, no credit check has been undertaken in relation to this Parking Charge. We only utilise their tracing service in order to obtain alternative contact details. For clarity, personal data sent to our tracing agent is done so via an encrypted transmission route, therefore we do not hold physical copies of the same. The categories of personal data we send to them is your name, address and vehicle details. As Parkingeye did not receive any response to the correspondence sent, we contacted our recovery agent in order to recover the outstanding sum owed against the Parking Charge. For clarity, personal data sent to our recovery agent is done so via an encrypted transmission route, therefore we do not hold physical copies of the same. The categories of personal data we send to them is your name, address and vehicle details. We can confirm, in line with s.(1)(h) of Article 15, that no automated decision-making or profiling, referred to in Article 22(1) and (4), has been undertaken in relation to personal data in this case. We note that Article 22 states as follows, “The data subject shall have the right not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects concerning him or her or similarly significantly affects him or her”. We can confirm that you have not been subject to such a decision and that the processing falls outside the scope of Article 22. Any automated checks undertaken by Parkingeye in relation to ANPR data will only result in a decision not to issue a Parking Charge. Should the ANPR data we process indicate that a breach of the parking terms and conditions has taken place, any subsequent decision to issue a Parking Charge will require that data to pass through a substantial checking process that includes human intervention. Please note that the UK General Data Protection Regulation provides the following further rights:   •             The right to request from Parkingeye access, rectification or erasure of your personal data; •             The right to request from Parkingeye restriction of processing of your personal data; •             The right to object to the processing of your personal data.   Please note that some of these rights are not absolute and will only apply in certain circumstances. We will review each request we receive in respect of these rights. We do not have to agree with a request but if we refuse, we will still contact the data subject within one month to explain why. You also have the right to lodge a complaint with the Information Commissioner’s Office (ICO). For further information, please refer to the ICO website, www.ico.org.uk. You may also seek a judicial remedy. For further information about your rights as a data subject, plus information about the categories of data we process, data transfers, the legal basis for our processing, and the purposes of processing, please visit: https://www.Parkingeye.co.uk/privacy-policy/   Yours sincerely,   Parkingeye Privacy Team
    • Thanks to you both.  I'd guessed it was CCTV, but the creeps who sneak up and take photos of the vehicles also use time stamps. BTW TT98, what you have received is not a fine, you can never be clobbered for the statutory consequences of not paying a fine - because it isn't one.  It's an invoice, and they have the same right to sue you as you have the right to sue anyone as a layperson who doesn't pay you for an invoice.  It's just a simple civil matter about a "debt".  Nothing worse.
    • As Dave has already said there are Consideration periods and Grace periods to be taken into account when private parking is involved. Before looking at that the first thing is to check whether your PCN complies with the Protection of Freedoms Act 2012 Schedule 4 which regulates the private parking rogues. They were very good at twice quoting from the Act but they missed Section 9[2][e] (e)state that the creditor does not know both the name of the driver and a current address for service for the driver and invite the keeper— (i)to pay the unpaid parking charges; They didn't do that so they have not complied with the Act which means they cannot pursue you as the keeper only as the driver which they said themselves when quoting Section 9 [2][f] . In addition they are supposed to quote the period of parking but instead given the times of arrival and departure of your vegicle which is not the same thing.Obviously their times  include the driving times to the parking place plus later from the parking place to the exit. So removing those times from your 15 minute overtime and that doesn't include extra minutes when your car was held up by stopping for pedestrians or other cars passing in front of you as well as returning the shopping trolley and possibly  queueing to get out of the car park. And that doesn't include children and or disabled people causing greater differences betwen their times and the actual parking period which is what is specified in the Act. It is perfectly possible that as much as fifteen minutes longer  could be taken in a larger busy car park compared to their spurious ANPR times. You may have noticed sating well done to you in his post. that was for two reasons. The first for giving us all the necessary details surrounding the alleged breach. the second well done was for not appealing a possibly giving away who was driving. As you the keeper is not responsible now for paying the PCN and Highview do not know who was driving they will have difficulty if the take you to Court since Courts do not accept that the keeper and the driver are the same person which is quite right considering that quite often family members often drive as opposed to the keeper as can loads of other people drive your  who have valid insurance motor policies. So don't worry even if you have to go to Court as the odds are in your favour and that's before we see the contract and Witness Statement which often give more ammunition against them.
    • Thanks. The way the court system works, with fixed costs included in the claim, means you have nothing to lose by fighting on. Give in now and you pay them their claim. Lose in court and you pay them their claim.  So why not fight? In fact were you to lose in court it's highly likely that the judge would increase the amount by their £25 hearing fee but then decrease it by disallowing the £70 Unicorn Food Tax they have just made up and added to the claim. It was however a mistake not to park in the far bay. But what about their negligence in allowing a disgracefully-parked vehicle to stay where it was and prevent your BB access? In any case, there is a long, long way to go before court.  A lot of these companies start a court claim in the hope that the motorist will wet themself and give in.  If a case is robustly defended and a decent Witness Statement produced, a good 20% of the time they drop the cases.  We'll support you all the way.
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Azzurro/Restons claimform - old Kensington secured loan (no longer secured as old home they repo'd). ** *Claim Discontinued***


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Hi

 

I took out a £10k loan with Kensington in 2006, but after falling into arrears my property was repossessed in 2012 by kenny's.

 

Recently I have contacted them to reclaim the charges after getting a SAR from them. They have refuted my claims. Although they have offered £100 back from a total of £3,600. I'm not sure where to go from here. The charges were

 

Returned Cheque/DD

Monthly Arrears Management fee

First Solicitor's letter

Court fee

Field agent's fee

Solicitor's costs

Notice of default fee

Property insurance

Deeds release fee

 

Now they have a DCA working to reclaim the debt, which had risen to £15,000.

However they offered a discount on this to £11,000 if paid in full.

 

The property is long gone, but I can't afford that in full.

 

Advice welcome!

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when was the last time you paid kennys anything?

 

 

was this secured and now is not following the repo?

 

 

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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Hi

.

Just to let you know this bunch Kensington have been fined £1.225m by the financial regulator

for treating borrowers who were in arrears unfairly.

.

Claim those charges back plus the interest and tell them not to add any more to the account.

.

There are a few news stories here you can get the info for a letter to send to them.

.

http://news.bbc.co.uk/1/hi/business/8615870.stm

.

http://www.fsa.gov.uk/pubs/final/kensington.pdf

.

http://www.theguardian.com/money/2010/apr/12/fsa-kensington-mortgages-fine

.

http://www.moneymarketing.co.uk/news-and-analysis/mortgages/fca-orders-kensington-to-change-unfair-mortgage-terms/2005762.article

http://www.mortgageintroducer.com/mortgages/236498/5/Industry_in_depth/Thousands_of_homeowners_set_for_big_mortgage_refunds.htm

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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  • 3 weeks later...

Hi

 

They have replied that their final decision was a refund of £100, not the circa £4,000 I have noticed. They have invited me to complain to the ombudsman now.

 

I also threatened them with court but they have responded quite aggressively to that by saying that they would defend such action and would seek recovery of legal costs from me.

 

So where do I go from here?

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why only £100

what did you claim for to get £4k?

 

 

did you do a spreadsheet?

 

 

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... 

Link to post
Share on other sites

They've refunded 2 monthly arrears fees = £100. The other fees, as listed above in my first post, they say they believe to be a reasonable estimate of the costs they incur.

 

I did a breakdown of all the costs for them which came to around £4,000.

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well I think there enough in those links to quite obv counter that view....

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

  • 5 years later...

HI

 

I took out a 2nd mortgage with Kensington for £10,000 in early 2007.

In 2012 the house it was secured on was repossessed (had a terrible two years) and this was actioned by Kensington themselves as I was behind in payments.

 

I have been paying £25 a month up until recently, but the loan has been sold on to Azzurro.

My first indication of this was a return of my d/d which was re-credited to my account.

The letter states 1 July this year.

The balance is £11500.

 

What are my options here?

Shall I send an SAR to Kensington and see what fees they have charged me over the years?

I am not sure what to do.

I do not really want to pay £11000+ as I have paid a lot over the years already.

 

Advice most welcome. Thank you.

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Yes, send an SAR to begin with.

Secondly, the £25 a month that you were paying – was this an agreed instalment plan with Kensington?

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Ok. I recalled in writing this that I sent an SAR approx 2 years ago, but never received a reply. 

 

They asked me for income expenditure form, but I just said 'I can afford £25 a month' and that is what they accepted. Had no further contact from them over it.

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Well it's a shame that you didn't follow up on their breach of data protection rules by not providing you with an SAR. What's the point of sending an SAR if on non-compliance you do nothing. I wouldn't take you seriously and clearly they didn't either.

Do you have written evidence of the fact that they agreed the £25 per month? If you have been making the payments without any difficulty then I don't see any basis for them varying the agreement.

Send an SAR. It will be interesting to see what charges et cetera they have levied against you

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in respect of the installments, it is essential that you continue them. If they have cancelled the direct debit then you should send them a cheque. Make sure that you send a covering letter and that you take a copy of the letter and a copy of the cheque. Do it every month even though they don't appear to accept them or cash then.

 

in your covering letter make sure you refer to the direct debit which has been cancelled by them.

I take it that you have been informed in writing of the the purchase of the debt by the new company

 

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old and new threads merged.

 

a secured loan that was no longer secured they'd repo'd the home.

that was mostly charges

you never came back after wanting to reclaim

so why did you resume payments after not paying for soo many year prior to that?

 

they had no hold over you...

 

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

At the time I was in the midst of applying/training for a job that required very high standards of personal finance, so I was concerned about it from that point of view. So I thought if at least I'm paying that would demonstrate responsibility towards it.

 

Ok, what should be my plan from here? The debt does no longer appears on my credit file - don't know why - and I'm concerned it might make an appearance with this new company if I refuse to pay them.

 

(I can't believe it's been 5 years. Thanks for finding that old thread)

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the event or the default was more than 6yrs ago it wont show and can't comeback.

 

shame you blindly paid them without consulting here 1st

all you've done is run the Statute barred clock to infinity...

 

send azzurro and kenny's an sar each and stop payments.

 

kennys would have enforced this long ago if it ever was so.

why sell it for 10p=£1.

 

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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Yes it is a shame. Thank you.

 

I'm ashamed to say I have a similar issue with 'Ascent Legal' with a Welcome finance loan. The loan was secured on a property that I still own and still shows as Welcome finance as a 2nd charge. What should I do here? I am also paying them a monthly amount. 

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click your username and update your welcome thread

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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  • 2 months later...

pased it or sold it?

makes zero odds though...:pound:

who?

 

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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Begging to fund their xmas party

safe to ignore

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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