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    • Thanks for your response.    Is there a way for me to find out if he has assets?    I looked at small claims court and dividing the issues, but I read somewhere (maybe citizens advice or GOV. website?!) that you cannot claim against the same person twice for matters arising from the same incident so I'm not sure that it would work out as surely it would be seen that these issues have all arisen from the same incident (his original work)? 
    • Hi,   So the company is capital recoveries,sending in my wife's name and yes for a short fall. They don't seem to have sent mine yet..lol.. As insaid it is a long story which I did post at the time on here when going through the repossession,basically Kensington claiming they only had fax and not email etc and just making things difficult so when we moved away I made things awkward for them explaining I won't be able to forward anything as I don't have fax..yes I know I should have but they put us through a difficult  time and didn't make things easy.   Why would it have been removed from the credit reports within 5 years though,this is what I don't understand.And to collect on it now would they need to re-apply for anything. I don't deny I must owe something....    
    • On the basis of what you say, you will have no difficulty bringing a successful claim against him. The problem is that first of all, bringing a claim of this size – even if you win will incur costs for yourself and it seems to me that you may have problems enforcing the judgement. It is never worth beginning a claim unless you know that you can identify assets belonging to the defendant so that you can enforce the judgement. If you can't enforce judgement then bring any claim is simply a waste of money. The second problem here is that your claim exceeds the £10,000 small claims limit and this means that costs will be even greater. Also, in the event that he starts to cause problem and resists the claim, you could find that your costs are escalating and once again even if you win, you will not be able to enforce the judgement and you will lose everything. If you happen to lose, then it would be catastrophic because you would have to pay a substantial part of his cost as well. If you want to proceed with this at all then I think that you are going to have to look at away of dividing the claim up into smaller parts so that you can identify a particular aspect of it which is less than £10,000 to deal with. A claim of £2000 or £3000 would be much easier and much cheaper and then if you won that, you could attempt the enforcement and see where that got you. On the basis of that, you could decide to proceed with further claims – attempting each time to keep the value of the claim to less than £10,000. At least if you had a successful claim for £2000 and you are unable to enforce it, you would have kept your costs to a minimum. Also, it would have the effect of impacting on his credit file which he might find rather difficult to deal with. You can even bring a number of smaller claims if you simply wanted to hit is credit file and causing a great deal of difficulty over a long period of time. That might persuade him to start dealing with you. He says that he is insured – but you aren't able to get hold of his insurance details. If you got a judgement against him then you might find some way of persuading him/forcing him to supply you with his insurance details – if they exist. However, I can imagine that his insurance will not cover him for bad work. It will only cover him for accidents.  
    • whos the fleecers thats trying to scam you? i will gather you mean there was a shortfall debt?  
    • We believe this firm has been providing financial services or products in the UK without our authorisation. Find out why to be especially wary of dealing with this unauthorised firm and how to protect yourself from scammers. View the full article
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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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UKPC ANPR PCN - 13mins stay - Friern Barnet Retail Park N11 3PW


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Recently visited the site.

 

Driver browsed in one store and purchased food items to consume inside another store. Walked to green space attached to site. Returned to site cleaned vehicle of waste and left site.  A few days later NTK has arrived in post with requests stating overstaying of 13 minutes . . images clocked show 16 minutes. . company has history of "doctoring timestamps" - will upload as soon as scanner is accessible and image can be "cleared".

 

any assistance will be greatly appreciated.

 

TowedgeornottoWedge

 

1 Date of the infringement

07/10/2020
 

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

13/10/2020 (Having trouble with the scanner at the moment and will upload images as soon as is possible)
 

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

 

3 Date received

17/10/2020
 

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

Yes
 

5 Is there any photographic evidence of the event?

Image of entry and exit provided
 

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

Not yet seeking further suggestion and support
 

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

N/A
 

7 Who is the parking company?

UKPC LTD (UK PARKING CONTROL LTD)

 

8. Where exactly [carpark name and town]

Friern Barnet Retail Park N11 3PW
 

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

POPLA

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You have a minimum of 10 minutes' grace period to find a parking space, read the signs, walk to the stores, later walk back, etc.  There is no maximum.  I think in COVID times when you had to wash your hands thoroughly after consuming food and there was a queue to do so 😉 13 minutes is not excessive and the fleecers' claim can be easily batted off.

 

How long do UKPC reckon is the maximum you can stay?  I can't imagine a council would grant under three hours free parking for such a large retail park and suspect the con artists have reduced that with no respect for the original planning permission.

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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UKPCS can't argue you owe anything...

pers i'd ignore them until or unless you get a letter of claim.

 

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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You could try writing to the shops that you visited with a view to them cancelling the PCN.

FTMDave has outlined the reason why you don't owe the money but you will never get UKPCs to admit it.

 

Well done for not giving away who the driver was.

 

Could you please post up the PNC front and back and get clear photos of the signage at the car park EG the entrance, the ticket machine if there is one and other signs around the car park especially where they are different from the entrance sign and any other signs in the car park.

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oh god no...please don't tell me you sent that to the fleecers or their dogs...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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read our threads here please...

its called playing all your cards early and not waiting to see IF they ever issue a letter of claim then a court claim.

 

now they know what you'll be arguing against they are well prepared...

 

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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Nah, no preparing for court dates!

 

You made a mistake, but it isn't fatal, just learn for the future.

 

Ignore the tripe they will send you in the coming months.

 

When they finally send you a LBA (if they do) then it'll be time to give them both barrels.

  • Like 1

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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  • 4 weeks later...

images/posts removed
.
please do not post jpg picture images directly to a post
.
read upload and redact in jpg then convert using on of the listed websites there to convert to one multipage pdf only

.
that way only logged-in,registered and approved caggers are the only ones that can download and see them
.
else anyone can see them caggers or not.

dx

  • Like 1

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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It's a begging letter, sit back, relax & ignore.

 

But come back here if they ever send you a Letter Before Claim.

 

 

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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well you've already played your cards so it makes no odds really now if you do.

 

as for that letter, they accidently included NOT in the first line..:eek:

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
  • 3 weeks later...

A polite query prior to POPLA

 

How relevant to ANPR issued NTK's is the information below.

 

5.4 A penalty notice must not:

Mention POFA 2012 (as this is not relevant and will confuse the owner about the situation in which they find themselves)

Mention ParkingEye Vs Beavis (as this is not relevant and will confuse the owner about the situation in which they find themselves)

Use the words “parking charge”, “parking charge notice”, ‘’Penalty Charge Notice’’ or “PCN” (as this is not relevant and will confuse the owner about the situation in which they find themselves)

Refer to keeper or driver liability (as this is not relevant and will confuse the owner about the situation in which they find themselves)

 

 

NTK Letter back.pdf NTK Letter Front.pdf signage.pdf

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it's not a penalty notice...it's a speculative invoice.

 

pofa does not apply once (like you) they have appealed and stated they were the driver. pofa then becomes irrelevant.

 

bevis has a very narrow involvement in any speculative invoice issuance claims by any other private parking company bar PE, look at who the owner was of that particular vehicle and it's relevance toward the keeper being a member of joe pubic.

 

re PCN , the term or such words, must not be used..it must not be used to confuse people into thinking it is a FINE, a penalty chage notice,  issued by and enforceable by, any authority that can use a magistrates (criminal court) to enforce it.

 

there is a big difference between the actual driver at the time of the event and the registered keeper of the vehicle.

implying or trying to imply, they are the same entity is misleading.

 

................

 

and where did that come from and why is it important to your POPLA appeal you could initiate?

 

 

 

 

 

 

 

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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I ask as the document that had been sent (NTK) had all of the terms it says not to use.

 

The source www.britishparking.co.uk/AOS-Code-Changes-2018

 

scroll down the page to the section Re: amendments

 

The idea was basically that if they were not supposed to use these specific terms in a notice the POPLA would see that hey had indeed used all of them and . . . .

 

 

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read it properly..eh?:crazy:
your speculative invoice is nothing to do with any byelaw infringement

 

 

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
  • dx100uk changed the title to UKPC ANPR PCN - 13mins stay - Friern Barnet Retail Park N11 3PW

eh?

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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