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    • From #38 where you wrote the following, all in the 3rd person so we don't know which party is you. When you sy it was your family home, was that before or after? " A FH split to create 2 Leasehold adjoining houses (terrace) FH remains under original ownership and 1 Leasehold house sold on 100y+ lease. . Freeholder resides in the other Leasehold house. The property was originally resided in as one house by Freeholder"
    • The property was our family home.  A fixed low rate btl/ development loan was given (last century!). It was derelict. Did it up/ was rented out for a while.  Then moved in/out over the years (mostly around school)  It was a mix of rental and family home. The ad-hoc rents covered the loan amply.  Nowadays  banks don't allow such a mix.  (I have written this before.) Problems started when the lease was extended and needed to re-mortgage to cover the expense.  Wanted another btl.  Got a tenant in situ. Was located elsewhere (work). A broker found a btl lender, they reneged.  Broker didn't find another btl loan.  The tenant was paying enough to cover the proposed annual btl mortgage in 4 months. The broker gave up trying to find another.  I ended up on a bridge and this disastrous path.  (I have raised previous issues about the broker) Not sure what you mean by 'split'.  The property was always leasehold with a separate freeholder  The freeholder eventually sold the fh to another entity by private agreement (the trust) but it's always been separate.  That's quite normal.  One can't merge titles - unless lease runs out/ is forfeited and new one is not created/ granted. The bridge lender had a special condition in loan offer - their own lawyer had to check title first.  Check that lease wasn't onerous and there was nothing that would affect good saleability.  The lawyer (that got sacked for dishonesty) signed off the loan on the basis the lease and title was good and clean.  The same law firm then tried to complain the lease clauses were onerous and the lease too short, even though the loan was to cover a 90y lease extension!! 
    • Northmonk forget what I said about your Notice to Hirer being the best I have seen . Though it  still may be  it is not good enough to comply with PoFA. Before looking at the NTH, we can look at the original Notice to Keeper. That is not compliant. First the period of parking as sated on their PCN is not actually the period of parking but a misstatement  since it is only the arrival and departure times of your vehicle. The parking period  is exactly that -ie the time youwere actually parked in a parking spot.  If you have to drive around to find a place to park the act of driving means that you couldn't have been parked at the same time. Likewise when you left the parking place and drove to the exit that could not be describes as parking either. So the first fail is  failing to specify the parking period. Section9 [2][a] In S9[2][f] the Act states  (ii)the creditor does not know both the name of the driver and a current address for service for the driver, the creditor will (if all the applicable conditions under this Schedule are met) have the right to recover from the keeper so much of that amount as remains unpaid; Your PCN fails to mention the words in parentheses despite Section 9 [2]starting by saying "The notice must—..." As the Notice to Keeper fails to comply with the Act,  it follows that the Notice to Hirer cannot be pursued as they couldn't get the NTH compliant. Even if the the NTH was adjudged  as not  being affected by the non compliance of the NTK, the Notice to Hirer is itself not compliant with the Act. Once again the PCN fails to get the parking period correct. That alone is enough to have the claim dismissed as the PCN fails to comply with PoFA. Second S14 [5] states " (5)The notice to Hirer must— (a)inform the hirer that by virtue of this paragraph any unpaid parking charges (being parking charges specified in the notice to keeper) may be recovered from the hirer; ON their NTH , NPE claim "The driver of the above vehicle is liable ........" when the driver is not liable at all, only the hirer is liable. The driver and the hirer may be different people, but with a NTH, only the hirer is liable so to demand the driver pay the charge  fails to comply with PoFA and so the NPE claim must fail. I seem to remember that you have confirmed you received a copy of the original PCN sent to  the Hire company plus copies of the contract you have with the Hire company and the agreement that you are responsible for breaches of the Law etc. If not then you can add those fails too.
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Horizon PCN x2 - Wilko, Huddersfield, HD1 2UD


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Hi

 

I have a weird situation where I have received no prior contact at all, none and then suddenly out of the blue received a parking charge for February,

 

I do park here but always pay,

it is one of those machines that does not give a ticket,

it just charges you at the end and no receipt,

well you can request one but I always say no.

 

I was confused with the first letter,

as I with no prior contact and me always paying it baffled me,

 

then a few days later I get the same charge for the month after,

a completely different date and charge for the same place.

 

This now has to be impossible,

again no prior letters,

even though they say they have and I have ignored and again at somewhere I always pay.

 

I am wondering if something is wrong with the payment method or they are just trying it on.

They have sent no proof of these tickets just 2 letters for 2 different fines.

 

Any advice on what to do?

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dr+ are a dca they cant issue fines!

neither can a fleecing private parking company.

 

you should already be well ware of these things with the number of previous PPC threads you've had.

 

have you moved in recent times?
 

 

 

 

 

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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No, not moved recently.

 

I have posted about tickets before, one putting wrong reg details which was a separate issue and another where I believed they didn't take you to court and so ignored

 

Since then I heard some cases went to court on occasions so I started to pay, hence this is a big suprise as I have paid everytime I've been here. 

 

So maybe my wording was wrong, parking charge would be better. I just don't know if to engage and ask for proof or just ignore, it's just v odd this is the first communication I've had in 7 months and at a place I can guarantee I pay, I barely use it but always pay when I do.

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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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Hi, These are the answers to the questions, hopefully I have done as asked and answered everything 

 

1 Date of the infringement 07/09/2020 and 03/08/2019 

 

2 Date on the NTK [this must have been received within 14 days from the 'offence' date] 23/09/2020 and 31/09/2020

 

3 Date received 30/09/2020 and 02/10/2020
 

4 Does the NTK mention schedule 4 of The Protections of Freedoms Act 2012? [Y/N?] No
 

5 Is there any photographic evidence of the event? No
 

6 Have you appealed? [Y/N?] post up your appeal] No
 

Have you had a response? [Y/N?] post it up No
 

7 Who is the parking company? Horizon parking ltd 

 

8. Where exactly [carpark name and town]

Wilko Huddersfield
 

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

No

 

Thanks for any help

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  • FTMDave changed the title to Horizon PCN x2 - Wilko, Huddersfield

How did you pay?

 

Plus, I'm confused.  Originally you said you'd only received letters from DR+, now you are giving us the dates of Horizon's NTKs.  How come?

Edited by FTMDave

We could do with some help from you.

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On 12/10/2020 at 12:12, FTMDave said:

How did you pay?

 

Plus, I'm confused.  Originally you said you'd only received letters from DR+, now you are giving us the dates of Horizon's NTKs.  How come?

 

I paid at machine before leaving, no tickets are issued. No barriers or anything, just put your reg in machine and it tells you what you owe, put amount in, do you want receipt? Yes or no, I always go for no.

 

Not sure what you mean above, as I say this is my first correspondence from them,  I've not recieved any letters, date of offence 2019, first letter about these two fines September 2020, unless I filled something in wrong above, that's the situation.

 

 

On 12/10/2020 at 15:40, lookinforinfo said:

As they are not relying on PoFA it is important that you do not divulge who was driving as they cannot now take the keeper to Court without PoFA. That is why it is important not to appeal in case the driver's identity is revealed.

 

So what do I do next? Nothing? 

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where does anything state they are a fine please?

 

1 Date of the infringement 07/09/2020 and 03/08/2019 

 

2 Date on the NTK [this must have been received within 14 days from the 'offence' date] 23/09/2020 and 31/09/2020

 

how do you know the dates of the NTK's if you've not received them..so you said?

 

 

 

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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Can you please upload the two letters (redacted of your personal details) so we can get to the bottom of what they are?  This is important to see if the fleecers are out of time under POFA.

 

When I asked how you paid, I meant was it cash or card.  Again important in case you can prove payment.

We could do with some help from you.

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On 13/10/2020 at 21:38, dx100uk said:

where does anything state they are a fine please?

 

1 Date of the infringement 07/09/2020 and 03/08/2019 

 

2 Date on the NTK [this must have been received within 14 days from the 'offence' date] 23/09/2020 and 31/09/2020

 

how do you know the dates of the NTK's if you've not received them..so you said?

 

 

 

Charge I mean, if I say fine it's just a slip of the tounge.

 

The top date is date they put on the letter for infringement sorry the dates are right, both years are 2019, my mistake. The bottom date is date I recieved the letters so it looks like I have misunderstood that request.

On 13/10/2020 at 22:03, FTMDave said:

Can you please upload the two letters (redacted of your personal details) so we can get to the bottom of what they are?  This is important to see if the fleecers are out of time under POFA.

 

When I asked how you paid, I meant was it cash or card.  Again important in case you can prove payment.

I paid cash and yes I'll upload them if I can figure out how to, should be fine.

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but it's not just a slip of the tongue it's a VERY important thing to get right...

 

as for uploading

read upload carefully

use ONE multipage PDF only please

 

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 weeks later...
  • FTMDave changed the title to Horizon PCN x2 - Wilko, Huddersfield, HD1 2UD

Only one letter was there but as usual they have gone overboard and asked for way too much money. The most they can claim is  £100 but time after time these cases get thrown out of Court as an abuse of process. It is pretty close to fraudulent so that is good for you if they try it in Court. 

BUT DO NOT CONTACT THEM OR ANY OTHER DEBT COLLECTOR EVER.

Were both letters from DRP. If not you can photograph the other letter and upload it on to your computer.

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Lookinforinfo, these are two separate letters for two separate tickets, one 07.02.19 and one 03.08.19.

 

karel, I've added the post code to the thread title to identify the car park better.  It would be helpful if you could edit the sticky, you don't know when the NTKs arrived as you never received them.

 

The good news is that these debt collectors have no power so you can sit back, relax and ignore their drivel.

 

In the long term though you might want to consider sending a SAR to Horizon to find out what they originally sent and maybe work out why you never received it.

We could do with some help from you.

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  • 2 years later...

Any update here?  I ask as we have a new Cagger who is being hassled by the Horizon jokers.

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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

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