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    • Ok, thank you for the responses. I have just finished my letter now and hopefully it's good enough.   Dear Gladstones Solicitors,   Much appreciated in providing me with a letter before claim, it’s helped me understand how to fight against these types of con artists for the future.   Just to be clear, I have no interest what so ever in paying the £155 since it is a made-up ridiculous fee with no explanation behind the justification of this ludicrous sum of money you are trying to rob from me.   Photographs of the poorly maintained site with the poorly placed written signs have been taken by the driver and will be confidently provided for evidence in court. The driver did obey the best a person could to your client’s badly written signs. There seems to be no planning permission by the council either for the ANPR cameras to be installed in this area.   First it is a criminal offence, which means your client has failed at the first hurdle of their Code of Conduct- that they must comply with all laws relating to the running of the car park. It also calls into question their ability to be able to collect data from the DVLA.   They are in breach of the Town and Country [advertisements] Regulations 2007 by not having the necessary permission despite the fact that it is illegal not to have permission and a contract cannot be formed from an illegal act. However the offence is also covered by The Consumer Protection from Unfair Trading Regulations 2008 - Section 5 Misleading Actions [3] ]b]     Always give crooks long enough rope to hang themselves with. I look forward in seeing how your clown scam tactics play out in court.   (only include reference number and full name here?)   I can only respond through Gladstone online Reply Form unless I request a paper version of the Reply Form instead. Should I get the paper version so I can use Royal Mail to send the letter that way?
    • So I had my mediation with Hermes and it was not successful i.e. we couldn't come to an agreement to settle out of court.   This was my mediation process:   First call from the mediator was received at 1:03pm which was close enough to the start of my alotted time of 1pm-4:30pm. The mediator introduced themselves, confirmed the intention of the mediation and asked if I could provide a short summary of my claim and any points I would like to raise with Hermes. I mentioned the claim amount and raised the argument that Hermes inherit the liability under the Contracts (Rights of Third Parties) Act even though I booked through Packlink and that there is a systemic problem with Hermes and their business model. The mediator said they will take this to them and call back after discussing with Hermes. Call ended 1:09pm (lasted 6 minutes).   Second call from the mediator was received at 1:15pm and they said that Hermes' stance is that my contract was with Packlink and not with them. Hermes mentioned they had investigated with Packlink and that I did not pay for insurance for my item but they were willing to offer me the standard claim amount of £25 plus £2.86 postage = £27.86. Of course I did not entertain that offer and I said that the whole point of having to pay extra to insure my item against their own negligence is absurd. Hermes also stated that this item was on Packlink's prohibited list. I replied that this so called list was not made clear to me when listing my item on ebay or purchasing the label through Packlink (which is ebay's affiliated choice for purchasing postage) and I would bring up the whole question of prohibited items for consideration by the judge if it goes to court. The mediator asked what I would be willing to settle at. I said I am not willing to budge from my claim amount of £357.84 which includes court costs. They reminded me that they don't see Hermes willing to accept that and that the whole point of mediation is to be willing to be flexible. I stood firm and said I am not budging from this amount and that I am being flexible by not taking Hermes to court and willing to settle now. The mediator said they will discuss with Hermes and call back. Call ended 1:27pm (lasted 12 minutes).   The third call from the mediator was received at 1:32pm and they mentioned that Hermes were willing to offer £300 as a goodwill gesture plus the £2.86 postage costs = £302.86. They said £300 is the maximum they can offer to settle for this process. I stayed resolute and asserted I am not willing to go any lower than my claim amount. I said it's not so much about the money and reiterated that the routine denial of liability and having to pay extra for insurance is a systemic issue with Hermes and that I have evidence that many other customers face the same problem when using Hermes which I am willing to present to the presiding judge if this goes to court. Only if they were willing to pay me back the full claim amount then I would drop the case. The mediator did mention that taking this to court I may also lose which would mean losing further court fees (£55 I believe they mentioned as the fee) as well as time and effort in preparing for the case. I repeated that paying the extra costs and risking the money is not so much of an issue to me. I also added in there that a national newspaper are sniffing around at this story and if a judgement goes against them then I won't hesitate to share with them and across social media a copy of the transcript. The mediator asked if they were happy to share this detail to Hermes which I agreed. They said they will discuss with Hermes and call me back. Call ended 1:36pm (lasted 4 minutes).    Received the fourth and final call from the mediator at 1:39pm and they said that Hermes were not willing to improve on the offer, reiterating they would argue to the judge that my contract is not with them and is with Hermes so this case cannot be settled through the mediation process and I would receive further details on the next steps. Call ended 1:40pm (last 1 minute).   I am somewhat surprised that Hermes were willing to offer up to £300 plus postage costs given their arguments but would not settle by offering my full claim costs.   In terms of the mediator's attitude, they did add a bit of pressure in trying to get me to be flexible i.e. settle for a lower amount. I suppose it is their job to get this settled out of court. They did also mention on a couple of occasions that it may be months before this case is looked at, with the covid situation it may not be in person and that I would have to go through the motions and prepare which would take time and effort on my behalf. However as noted above in this thread I wasn't willing to settle for a lower amount so let's see how it plays in court.   Any advice on the next steps BankFodder?  
    • all uploaded images merged and vastly reduced in size full DQ above.   you should have room now to upload the rest of the required docs but not all single pages please!   dx  
    • woe slow down put them ALL in ONE multipage PDf please   use pdfreducer and merge pdf if you have too.   cant be here all day downloading single pages. read upload carefully   claim no in 1st page removed. dx  
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      After a summer of discontent with ASG I discovered that if you have paid HALF the agreement or more you can legally return the boiler to them at no cost to yourself. I've just returned mine the feeling is liberating.
       
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      I wrote to all his creditors asking for supporting documents and not one could provide any material that would allow them to enforce the debt.
       
      As a result he stopped paying and they have been unable to do anything, one even admitted it was unenforceable.
       
      If circumstances have got to the point where you are finding it unmanageable you must ask yourself why you feel the need to pay.  I guarantee you that these companies have built bad debt into their business model and no one over there is losing any sleep over your debt to them!  They will see you as a victim and cash cow and they will be reluctant to discuss final offers, only ways to keep you paying with threats of court action or seizing your assets if you have any.
       
      They are not your friends and you owe them no loyalty or moral duty, that must remain only for yourself and your family.
       
      If it was me I would send them all a CCA request.   I would bet that not one will provide the correct response and you can quite legally stop paying them until such time as they do provide a response.   Even when they do you should check back here as they mostly send dodgy photo copies or generic rubbish that has no connection with your supposed debt.
       
      The money you are paying them should, as far as you are able, be put to a savings account for yourself and as a means of paying of one of these fleecers should they ever manage to get to to the point of a successful court judgement.  After six years they will not be able to start court action and that money will then become yours.
       
      They will of course pursue you for the funds and pass your file around various departments of their business and out to third parties.
       
      Your response is that you should treat it as a hobby.  I have numerous files of correspondence each faithfully organised showing the various letters from different DCA;s , solicitors etc with a mix of threats, inducements and offers.   It is like my stamp collection and I show it to anyone who is interested!
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Highview ANPR PCN - livingston parkway - scotland


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Hi can I ask about these letters received from this company...

I have received information from friends who ignore them 

 

I am worried I just received a letter after parking in Livingston centre one week night (31/8).

I did not notice any sign stating limited time. 

 

They are looking for £50.

I don't want any hassles but does this legally stand in Scotland and also its took 21 days for the letter to arrive (22/9)

Any advice would be appreciated 

Thanks in advance 

 

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(Moved to the Private Land Parking Enforcement forum).

 

The fact you're in Scotland definitely helps.  In England due to the POFA 2012 they can, under certain circumstances, peruse the keeper of the vehicle.  In Scotland they can only go after the driver - and they don't know who that is! 

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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Yes, don't respond until my site team colleague @dx100uk comes along. I expect that he will tell you not to appeal. Do nothing to disclose who the driver is and maybe as you are in Scotland, make no contact at all – although normally we would not recommend ignoring.

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  • dx100uk changed the title to Highview parking - scotland

pofa does not apply in scotland

there is no such thing as trespass in scotland.

 

safe to ignore until or unless you get a letter of claim under the pre action protocol (which also doesn't apply to scotland!!)

but ofcourse highview and their powerless dca's will try and make you think otherwise..

 

so we have the info for others too

can you complete the relevant section of this link.

 

and also scan to ONE multipage PDF ONLY

all the letters to date BOTHSIDES TOO>

 

 

 

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 still don't know what's the best plan with this situation.... I'm torn to pay as don't want hassles 

Sent copy letter in email but not heard back 

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what letters are you sending via email and to whom?

we never said do that ever esp in scotland

did you not read my last post?

 

 

 

 

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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that was for you to post said info back here by answering the questions that the link wanted?
so you sent that to whom?

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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copy and paste those questions in a reply here

 

add the answers to the end of each question

 

hit reply bottom right

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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54 minutes ago, Hijacked said:

Hi still don't know what's the best plan with this situation.... I'm torn to pay as don't want hassles

These conmen have got your address from the DVLA and over the months will send letters threatening you with being hung, drawn & quartered (and then get DCAs to threaten that your family members will be sold into slavery).  Up to you, but unless they take you to court it's all hot air from paper tigers. 

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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For PCN's received through the post [ANPR camera capture]

(must be received within 14 days from the Incident)

 

please answer the following questions.

 

1 Date of the infringement

Give answer here 31/8/20
 

 

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

Give answer here 14/9/20
 

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

 

3 Date received

Give answer here. 22.9.30
 

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

Give answer here no don't think so 
 

5 Is there any photographic evidence of the event?

Give answer here yes
 

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

Give answer here no
 

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

Give answer here
 

7 Who is the parking company?

Give answer here highview parking 

 

8. Where exactly [carpark name and town]

Give answer here livingston parkway 
 

For either option, does it say which appeals body they operate under.

Give answer here BPA
 

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

 

copy the windscreen or ANPR section to your thread and answer the questions...

……....

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

 

NOTES FOR TICKETS ISSUED IN SCOTLAND

 

if the Private PCN is issued for a car park within Scotland

 

you are safe to totally ignore ..but not everything!!

do not respond and tell them who the driver is

better to not respond at all...

 

NEVER EVER ignore a court claim or a letter entitled letter of/before claim/action

 

you are very safe to ignore anything from a DCA or a fake/tame solicitor simply mentioning court 

 

 

 

 
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  • dx100uk changed the title to Highview ANPR PCN - livingston parkway - scotland

so as post 5 then.

 

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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Sorry what 

So you are saying its save to ignore it will go away as in Scotland they will not take it further???? 

 

1 hour ago, FTMDave said:

These conmen have got your address from the DVLA and over the months will send letters threatening you with being hung, drawn & quartered (and then get DCAs to threaten that your family members will be sold into slavery).  Up to you, but unless they take you to court it's all hot air from paper tigers. 

So what if they do take it to court 

 

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there is no evidence they ever do unless someone makes the big mistake of appealing and shoots themselves in the foot by identifying themselves as the driver, 

 

there is no POFA in scotland..it can't apply under scottish law.

there is no such thing as trespass either - as scotland has a right to roam law,

 

plenty here to read

use our search top right

 

pcn scotland

 

 

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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On 22/09/2020 at 13:02, dx100uk said:

safe to ignore until or unless you get a letter of claim under the pre action protocol (which also doesn't apply to scotland!!)

but ofcourse highview and their powerless dca's will try and make you think otherwise..

 

 

as i said Back to post 5 which i've repeated above in the quote...

 

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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Thanks read a view posts they can't look at camera and see who was in car???? .... Letter says they contacted dvla sent to me as registered keeper and if I wasn't driving am to pass to who was so they have no way to find out who it was and I don't have to disclose 

Many thanks in advance 

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how do they ever know what you look like anyway...

regardless to where you live...

 

AN ANPR camera is a number plate reader 

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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