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    • Hi IFR Many people have been in your position so try not to let it play on your mind. It can be sorted in a variety of ways, dependant on the outcome you want.   An IVA is seldom in your best interests  especially if you own your own property   You 0% cards will eventually come out of their initial period and you will stuck with interest on them also. So now is the time to develop a plan   If you want the creditors to stop pestering you immediately you could start a debt management plan, we can help with that There are several downsides to this  and although I used to advise this whole heartedly,   recent developments now make the idea less attractive.   Chances are you will end up with a trashed credit rating for six years whatever you do.  Is this a big problem for you?            
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    • Hi @BankFodder
      Sorry for only updating you now, but after your guidance with submitting the claim it was pretty straight forward and I didn't want to unnecessarily waste your time. Especially with this guide you wrote here, so many thanks for that
      So I issued the claim on day 15 and they requested more time to respond.
      They took until the last day to respond and denied the claim, unsurprisingly saying my contract was with Packlink and not with them.
       
      I opted for mediation, and it played out very similarly to other people's experiences.
       
      In the first call I outlined my case, and I referred to the Contracts (Rights of Third Parties) Act 1999 as the reason to why I do in fact have a contract with them. 
       
      In the second call the mediator came back with an offer of the full amount of the phone and postage £146.93, but not the court costs. I said I was not willing to accept this and the mediator came across as a bit irritated that I would not accept this and said I should be flexible. I insisted that the law was on my side and I was willing to take them to court. The mediator went back to Hermes with what I said.
       
      In the third call the mediator said that they would offer the full amount. However, he said that Hermes still thought that I should have taken the case against Packlink instead, and that they would try to recover the court costs themselves from Packlink.
       
      To be fair to them, if Packlink wasn't based in Spain I would've made the claim against them instead. But since they are overseas and the law lets me take action against Hermes directly, it's the best way of trying to recover the money.
       
      So this is a great win. Thank you so much for your help and all of the resources available on this site. It has helped me so much especially as someone who does not know anything about making money claims.
       
      Many thanks, stay safe and have a good Christmas!
       
       
        • Thanks
    • Hermes and mediation hints. https://www.consumeractiongroup.co.uk/topic/428981-hermes-and-mediation-hints/&do=findComment&comment=5080003
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ParkingEye ANPR PCN - Overstay - Hallsville Quarter, London Basement and Surface


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Hi CGA,

 

Here for some help again please.. Been issued with PCN for overstaying in the gym by 44 minutes, total 2 hours 44 minutes. Usually get 2 hours for free, and longer if I punch in my car registration at the gym which I forgot to do.

 

Is there anything that I can do to fight this? I also stopped at Morrisons to get some groceries. The car park normally belongs to Morrisons customers too. 


Thanks

 

Scannable_Document_on_14_Oct_2020_at_08_34_20.pdf

 

 

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  • dx100uk changed the title to ParkingEye ANPR PCN - Overstay - Hallsville Quarter, London Basement and Surface

please complete this:

 

 

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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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

15/09/2020
 

 

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

22/09/2020
 

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

 

3 Date received

03/10/2020
 

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?

Yes - arrival/departure times. 
 

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

No
 

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

N/A
 

7 Who is the parking company?

Parking Eye

 

8. Where exactly [carpark name and town]

Hallsville Quarter, London - Basement and Surface 
 

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

POPLA

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I see you have received what appears to be an annual invoice from some parking company or other.🙂

There is quite a break between when they alleged they sent the letter and the date you received it. Was that because you have a leased car, a redirect from a previous address or something else.

 

As that means that you are not liable as the keeper you must be careful not to reveal if you were the driver or not. So do not risk appealing especially as it is the IPC involved- you will never get it cancelled by them.

 

If Morrisons is in the same park as the gym , it might be worth writing to them explaining that the driver [not you] did some shopping with them and say that they didn't expect their bill to have increased by £100 and ask if they could kindly cancel the PCN. 

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  • 2 weeks later...

Hi there,

 

There was no changes to my vehicle, I've had it for 5 years and my address is correct with DVLA.

 

I have done the following directly with the manager of Morrisons and the gym, however have had no response at all.


Should I be preparing for the worse, and if so what can I do?


Thanks

 

 

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you don't appeal.

 

bar getting photo's of all the signs and clear copy of the small print on them.

their positions on a diagram

what the view is BEFORE entering the car park

 

checking they have planning permission for their signs, ANPR camera's and poles for each

you do nothing.

 

await and see if they send a letter of claim.

 

ignore stupid DCA's

they are NOT BAILIFFS

and have 

ZERO legal powers on any debt, no matter it's type.

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 Dx,

 

Thanks. I have now received a letter of claim. I have got all the images of the signs and cameras and area.

 

Unfortunately I could not find planning permissions, or I do not know how to do so.

 

Can you please advise what my next course of action should be?

 

Thanks

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ericbrother snotty letter time.

 

PP should all be available from the planning portal on the relevant council website

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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Could you please post up your Letter of Claim as they usually take several months at least before they start going down that route , if at all.

 

Could you please post the postcode for the Hallsville quarter as there are two in London.

Most parking companies don't bother with planning permission since it takes too long and therefore interferes with their ability to rip off motorists. But not to have that permission is illegal and it follows that the signs are there illegally too. It also breaches their Code of Conduct. 

 

Well done for getting their signage done and if you post it up we can see if it complies with their Code of Conduct.

 

What we need to see is

the sign at the entrance and

the signs around the carpark, especially any that are different.

 

Its another situation that can go wrong for them and thus fail to  create a contract between PE and motorists.

You still have a week or so to respond to their Claim letter if that is what it is.

 

I expect if it is then we will suggest a snotty answer to show that you are confident about beating them.

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Hi,

 

Thank you so much.

 

This is the link to location - Bothwell Cl, London E16 1QT - https://goo.gl/maps/StJyo6KRw7bqfSSp7

 

Please also see attached images of signs/car park and letter before county court claim.


With the county court claim there is attachment of annex 1 information and some questionnaires. 


Thank you so much!

 

 

 

 

jpg2pdf_compressed.pdf

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thats a letter of claim not a court claimform.

you don't need to use any of it 

just a snotty letter ...have you not found one yet as advised 2 weeks ago?

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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re-read your thread then

and no need to keep hitting quote

just type.

 

 

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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Thank you for the postcode and photos.

 

I have looked at the Newham Council planning and there is no mention of any permissions being applied for.

Ergo there is no planning permission for their signs therefore the signs should not be there so they cannot form a contract with motorists.

 

There is a sign at the entrance which is facing in one way that motorist turning right into  the  car park wouldn't even see  it . And even those coming from the left would have difficulty reading it or understanding that they were entering a private car park.

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ericsbrother has written lots of 'snotty letters' to parking companies over the years, it's what we suggest sending when some has a Letter Before Claim.

 

Have a look in our Parking Successes forum, especially for threads where people won against Parking Eye, and see what they sent. The idea is that Parking Eye decide you could be trouble if they try court and let things drop.

 

HB

Illegitimi non carborundum

 

 

 

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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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Share on other sites

 

What do you guys think of below? Do I need to add anything else?

 

Thanks

 

 

Hello again, kids

 

Lesson time!

 

Thanks for wasting your pennies and sending me letter before claim. I understand you think I owe you something. Looking forward to playing this game. Guess who will win?

 

You can forget to think I have any interest to pay the imaginary sum of £100 for your poor explanation behind the ludicrous claim.

 

I hope you are aware that you do not even have planning permission for the poor signage on this site and the silly ANPR camera.

 

Looking forward to hearing from you no more.

 

Best wishes

 

Santa

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Well done on the snotty letter.  A bit different from the usual ones but a bit of innovation is welcome 😆

 

I tend to agree with lee19921992 that maybe mentioning planning permission is playing your cards too early, plus they know they never do PP.  How about this tweak to show you know the law but remaining suitably cryptic?

 

 

Hello again, kids

 

Lesson time!

 

Thanks for wasting your pennies and sending me a letter before claim. I understand you think I owe you something. Looking forward to playing this game. Guess who will win?

 

You can forget to think I have any interest to pay the imaginary sum of £100 for your poor explanation behind the ludicrous claim.

 

Know the legal term "de minimis"?  Thought not.  But the judge will.  Go and look it up thickos.

 

Ah, the thought of the vaccination roll out, then me relaxing on a beach in the Med knowing you've paid for it after an unreasonable costs order under CPR27.14(2)(g).  Bliss!

 

Looking forward to hearing from you no more.

 

Best wishes

 

Santa

 

 

I see the fleecers won't do anything before 10 December so there's some time yet.  See what others think tomorrow and then send the letter off on Wednesday with a free Certificate of Posting from the 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

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Looks OK with FTMDave revision  Have they added the Unicorn Feed tax in the sum demanded, aka the £60 that was found to be abuse of Process in the OPS judgment at Lewes CC?

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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May

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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