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    • Thanks for letting us know about this. I'm afraid that this website is mainly bad news about companies so it's very refreshing and very decent for someone to come along and to give praise where praise is due. How about a link to their website?
    • Having a little additional think about this, I think that your interests are best protected in the following way: You inform the seller that you are obtaining the quotes which I have referred to above. Having received the quotes, you then inform them that you are proposing to have the work carried out at XXX garage and that you will expect that the seller will reimburse you for the costs and associated expenses. You can tell them though that you understand that they may want to control the work being done to the car and so you are willing to allow them to do it but as the fault has manifested itself at this point and that it is clear that the problem is their responsibility, if they wish to carry the work out themselves then they will have to organise the collection vehicle and the delivery of it to you once the work is completed. Of course this will be very expensive for them and they will either fail to respond or they will refuse. Whatever their reaction, you would then go on to say that as they have failed to respond/declined the invitation to carry out the repairs themselves, that you are now going to your preferred garage – one of the two quotations which you have supplied – and you will have the vehicle repaired there. You are giving them an opportunity to comment. I think that if you use this approach, then you will be able to demonstrate very clearly that they had a choice and therefore they will be unable to disassociate themselves from the repairs which are eventually carried out at your chosen repairer. Even though this exchange of correspondence may mean that it will take a week or so longer to have your repairs carried out, I think you should do this in order to protect yourself in the best way possible
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    • What information do DVLA need for a provisional licence ?   Think the ID issue needs to be looked at a bit more. Surely you have birth certificate, school information, Doctors records. School and Doctors should provide a letter to help with ID.                
    • Amex as with any creditor must help you the FOS should go with you and make them remove all interest charged from the very 1st time of asking for help. the FCA regulations actually almost dictate it, they most certainly clearly state that if the are FCA registered they must help.   it's very telling they have no marked your credit file....almost as if they know they are wrong. it's also telling that an irresponsible lending complaint might well be in order hear too, they can just keep upping the credit limit without checking you can pay. and ofcourse covid plays its part here and they've already admitted as they allowed payments holidays until october in line with the rest of the industry and they should be continuing that. you problem is you keep using the phone, no paperwork no record of things discussed. i'd get an SAR off to them. and get the comms/account log and all the statements from day one and go nail them.
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Bank Park ANPR PCN Claimform - Blue Car Park 2 Merry Hill Brierley DY5 1QX - *** Claim Dismissed ***


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Hello All

 

I will outline the my case here but I emphasise that it has reached the hearing stage etc... and a date has been set

 

Unfortunately, I had asked the advice of a private company , which may be known to many, who deals with parking appeals, pay them £20 for them to disappear and thats why Ive reached this stage. They did write a template defense for me after so many emails but am unable to contact them so have to deal with this myself.

 

 

Case:

 

I had parked on a multicar park at a large shopping  ( i dont want to name it  as dont want to be identified)  almost 2 years ago.

 

The parking company (XXXXXk) , using ANRP sent me  the usual NTK asking for the fee of £90. I did not appeal at the time. I contacted the appealing company who apparently , just for £20 would be willing to assist me. They said if it does to court then they will need another fee which I agreed to.

 

Reason for alleged contravention- overstaying more than 4 hours ( they allege it was a few hours more) with an entry and exit time on the ANPR photos 

 

The case went to one of the debt recovery firms. who added another 50 to the 'alleged fine' .etc. 

 

The parking company did all the usual, and eventually I received a Claim form from the CCBC. This was acknowledged.

 

I replied with a 35 paragraph defense drafted by the ' appealing parking company' .

 

This was emailed to the court email address [email protected]

 

The parking company decided to proceed with small claims court ( 100 'fine', 50 damages, + court fees/interest/legal fees). 

 

 

Their legal team has now emailed me the bundle they have sent to the hearing court in  my city.

 

Within the bundle, is included a copy of the notice of allocation to small claims track ( hearing). The date of this was before Christmas. The notice gives a date and time of the hearing

 

I never received this by post. I have only found out because the bundle that the claimant has sent me has a copy of it.

 

In the notice of allocation it states that by 18th January defendant must send to the court and claimant copies of all documents he intends to rely on.

 

By 1st Feb, claimant and defendant must send to  the court and each other their witness statement that they will rely on in the final hearing .

 

 

 

Before going into the actual substance of the defense, I have some questions about this forms

 

1. I havent received a copy of the notice of allocation by the post. My post is redirected to a relative and they assure me they havent received it. I only found out today about it,  as part of the bundle that the claimant emailed me. This leaves me with really no realistic chance of responding by the deadline of 18th Jan. Any advice. Again I reiterate that because of covid and mail redirection, that is very likely to be the cause of my relative yet not receiving this document by post.

 

Furthermore , in the  defense that had been submitted previously, it was made clear that according to the CPR PD6, I give no consent to being served by electronic means yet the legal team of the claimant has emailed me the documents. 

 

 

2. I had already filed a defense  previously as drafted  by the appealing private company , so Im not sure whether i need to file another witness statement again, albeit this would be to the local court to which the hearing has been allocated to. Would the initial defense submitted at an earlier not be the same ? or do I now have a chance of writing a new one because the claimant has now filed their witness statement and all their evidence so I can be more specific in tis defense.

 

Before really divulging in the details can I please have some constructive comments/advice as to whether I need to submit a new defense , and whether the one summitted earlier to the Northampton courts would have now reached the local court where the hearing woill occur. Also, where do I stand with the deadline of next Monday which i wont meet given that I wasnt aware of this at all neither by electronic mail notification or redirected post.

 

Thankyou

 

 

 

 

 

 

 

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One thing to bear in mind is that despite the amendment, it does mean that the original WS that the director had certified his statement as being true was not in fact true. Furthermore he made another

No need to feel guilty we are here to give you the best chance of beating the crooks. So to continue 21] it's a bit ironic of claiming the defendant is using the internet when they themselves are

Thanks FTM   Did a search on dudley council site for the postcode of the shopping centre. Didnt find anything but Im not really sure if i did everything correctly.    I called the

Right ... you can't file a new defence, what is done is done.

 

I don't really understand the difference between the  18 January deadline and the 1 February one.  In any case there is still time to respect the 18 January deadline and as a LiP you will be given some leeway.

 

All this secrecy though is nonsense.  No-one can help you if you don't give any information.  Forget about all the "identifying" rubbish, these horrible companies have hundreds of cases going on and can't monitor each one.  "Someone is suing me about something I did somewhere" will get you nowhere.

 

It's highly likely we know the company and we know the car park and can immediately help you to fight back, but straight away please fill in 

 

https://www.consumeractiongroup.co.uk/topic/393251-received-a-court-claim-from-a-private-parking-speculative-invoice-how-to-deal-with-it-hereupdated-aug-2016/

 

It's your own daft fault if mail regarding a legal dispute is arriving at an address which isn't yours. 

 

Please post up - redacted - the correspondence with the PPC including their WS (if that is what is was).

We could do with some help from you.

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Thankyou FTM

 

What I had sent in was a DEFENCE whoch was prepared/drafted by one of the appealing companies.

 

Since the defence they have vanished. Their email is now returning ' undeliverable'

 

 

The bundle I received today from the PPC has everything in it, including the claim form, my DEFENCE and their WS.

 

 

I am happy to redact and post the whole bundle and then you have everything.

 

 

Am I able to post the whole bundle here redacted? 

 

the 18th January is deadline to send all documents to Claimant and court , that the DEFENDANT wish to rely upon in the final hearing . These must be in a bundle and DEFENDANT must bring the originals to the final hearing

 

The 1st February the C and D must send to the court and to each other copies of their own witness statements and those WSs they intend to reply upon in the final hearing. The WSs must comply......etc..

 

 

so I think the January one is for documents/bundles and the February one for the WS. 

 

What I filed previously was a DEFENCE which was a bit general in some points rather than specific to which the claimant WS has referred to

 

 

 

 

 

 

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bundle and WS are the same thing.

all you need to do is do a witness statement 

you have an advantage here don't lose it 

you have their WS so can we can rip it apart.

 

do the link FTM says please

get their WS up totally

read our upload guide carefully inc use of PDF reducer /merge sites.

 

we dont need the cover sheet to each exhibit but everything else we need INC the name of the creator of their WS.

 

forget everything else you think you need to do or might have been wrong in process.

 

all you need to do is get a WS done and file it to the claimants sols and the court.

pref by 1st.

 

lastly did you send a CPR request?

 

 

 

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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Thankyou dx

 

I have now redacted the claimants first WS

I have also redacted the bundle which contains the claim form and my defence

I will upload but just one last check please

 

The date of the alleged contravention and the times are all visible.

Also, on the photographic ANPR the times are also visible.

 

The various hearing dates are also visible except the exact time of the day.

 

Is that OK or do i need to remove some of this info?

 

Sorry I know CPR stand for civil procedure rules but the last thing i sent was the DQ to the court and the defence.

 

I will admit one thing but please please please, its not time to start blaming me, but it was covid peak I had my sister unwell, and initially did try mediation. That was part of it. the other reason was that the private parking appeals company who had written my defence and had a letter of authority just vanished and were uncontactable. s

 

when I received the DQ, I was panicking and worried about covid and sister that I decided without admission of any guilt or that i owe them anything to go for mediation. However, that was unsuccessful.

 

Please Please its not time to start blaming me because I am a lay person and not familiar. However, I do ant to get this in time.

 

Finally, I will visit the site tomorrow and see if I can get any photographic evidence of the signages.

 

I have got a copy of the leasehold of the land from the registry.

 

I have also emailed Dudley council to see when the PPC applied for permission for  putting up the signs as well as permission for the ANRP. I sent it today so wont be ready for 18th January. 

 

Not sure if we can get a bit extra time though because none of the two documents that I will be uploading  have reached me by post. they have been emailed to me by their legal team 

 

Thankyou for all your comments.

 

 

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Please would you give us the name of the appeals company which you went with.

I'm curious but also there may be others who have been let down by them and I think that it would be helpful to know.

Thanks

 

I see also that you have been asked to post up certain information/documents and you haven't done so yet

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please put their WS up leave all times/dates etc... can't hurt you

but simply omit your reg/any ref numbers etc.

 

the quicker you do that the quicker your WS gets done.

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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Goodmorning 

 

Im ready to post the PDF readcted but can I have just this clarified as mentined in erlier post

 

'' The date of the alleged contravention and the times are all visible.

Also, on the photographic ANPR the times are also visible.

 

The various hearing dates are also visible except the exact time of the day.

 

Is that OK or do i need to remove some of this info?''

 

Thanks

 

15 hours ago, dx100uk said:

please put their WS up leave all times/dates etc... can't hurt you

but simply omit your reg/any ref numbers etc.

 

the quicker you do that the quicker your WS gets done.

@dx100ukThanks for the reply 

 

I think you just beat me to it. Im posting now

 

Claim form and my defence which I sent to the curt in August

 

Claimant first witness statement 

 

 

Claimant first Witness Statement.pdf

Claim form and my defence (1).pdf

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Thanks for posting everything up.  There is a lot to read through, but we have the whole weekend to do so, so you will get your Witness Statement to the court by the 18th.

 

From a first skim through, their signs seem to be pathetically small and they have invented extra charges, so that's already two sticks to beat them with.

 

As for Planning Permission, you may be able to do the search yourself, see if the local council has a portal where you can do so.

 

Look in our PPC Successes thread at the top of the page, start on the last page, and look for threads with "Discontinued" or "Dismissed" in the title.  These threads will have Witness Statements in them, you can use them already to start drafting your own.

Edited by FTMDave
Changed advice after rereading thread

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The firm I used to assist me with the initial defense was private parking appeals. Their site is no longer reachable. Perhaps they have stopped trading or closed the company. 

 

To be fair they did help me with my defence which I submitted but I dont know what happened. Maybe because of the pandemic they stopped trading

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Thank you. Are these the ones?

https://www.google.com/search?q=private+parking+appeals&oq=private+parking+appeals&aqs=chrome.0.69i59l2j0i22i30i395j0i395l2j69i60l3.454j1j7&sourceid=chrome&ie=UTF-8#lrd=0x487421803a0d13c3:0xc2ecf15cba295e14,1,,,

 

 

Quote
PRIVATE PARKING APPEALS LIMITED

Company number SC492116

 
Registered office address  272 Bath Street, Glasgow, G2 4JR
Company status Active
Company type Private limited Company
Incorporated on 26 November 2014

Accounts overdue

Next accounts made up to 31 December 2019 due by 31 December 2020

Last accounts made up to 31 December 2018

Confirmation statement

Next statement date 18 June 2021 due by 2 July 2021

Last statement dated 18 June 2020

 

Quote

WILKIE, John Paul James

Correspondence address The Incuhive Bulding, The Incuhive Bulding, 8 Church Street, Basingstoke, England, RG21 7QE

Role ACTIVE  Secretary
Appointed on 23 January 2016
 Correspondence address 272 Bath Street, Glasgow, Scotland, G2 4JR
Role ACTIVE Director
Date of birth May 1963
Appointed on 26 November 2014
Nationality British
Country of residence England
Occupation Company Director
Correspondence address 272 Bath Street, Glasgow, G2 4JR
Role ACTIVE Director
Date of birth December 1971
Appointed on 23 January 2016
Nationality British
Country of residence United Kingdom
Occupation Company Director

 

 

https://find-and-update.company-information.service.gov.uk/company/SC492116

 

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Thanks FTM

 

Did a search on dudley council site for the postcode of the shopping centre. Didnt find anything but Im not really sure if i did everything correctly. 

 

I called the council and spoke to someone who gave me an email address to write to. I have emailed Dudley council asking for permission planning for

 

 

1. signages

2. ANPR

 

Im not sure of which portal to search n but if you anyone has the link then I would be grateful for it

 

The shopping  Centre post code is DY5 1QX if anyone is interested. 

 

I will have a go at the portal now

 

 

 

Yes BankFodder

 

 

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I've had a read through their tripe of a WS.  Ironic that they accuse you of being repetitive (pot, kettle, black) and of using cut & paste (several of their paragraphs are identical, word for word, to those in WSs we've seen in the last few days from the VCS & Excel companies).  A photo of a P&D machine in a completely different car park is in there for some reason too!

 

Their point 10 (exhibit 2) refers to "prominently displaying signs" yet the only photo of a sign as seen by a motorist shows it as small, with small print and way above head height.  Nowhere on any of their signs can you read about a charge for overstaying ... well unless you have access to an electron microscope and point it at the last lines after a huge wall of instructions.  You can also state you don't believe they have PP for these signs or for their cameras.

 

Their point 9 (exhibit 1) is a letter, not a contract, and is nearly two years old.

 

Then in the claim they have included both legal costs (fine) and £60 Unicorn Food Tax (not fine, that is an attempt to get round the small claims limit on costs).

 

Start to draft a WS using the indicators in post 10.  There's ample time today & tomorrow for other opinions and for the WS to be tweaked.  You can then e-mail it to the court late tomorrow evening and send it by snail mail to the fleecers on Monday.

 

I think signage will be your winning card.

 

Two things.  What really happened when you parked?  Was it  a case of double dipping, or did you simply not see their carp signage?  Plus, can you remember when their NTK arrived?  I see it was dangerously near arriving after the 14 days specified in the pOFA which would be further ammo.

Edited by FTMDave
Usual typo!

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Thankyou FTM

 

Many more loopholes also

 

I was there probably longer than 4 hours but i wasnt in the blue car park all the time. The site has 13 car parks as per 

 

 

The "red" and "blue" car parks serve the upper and lower retail parks. Others serve M&S, Argos, Debenhams and the Odeon cinema.

A Merry Hill spokeswoman said: "Parking at Intu Merry Hill is completely free of charge for all shoppers. To ensure that there are enough spaces for our shoppers we have introduced a four-hour time restriction on just two of our thirteen car parks, at the upper and lower retail park.

"Shoppers who are visiting us for longer than four hours are free to park on any of our other car parks for as long as they wish."

 

So i was with my ex partner and we went round many shops and pared at various car parks some which were free

 

There are 8 signages and on one of them it does state the 4 hour rule but i have seen other loopholes

 

Re the authority, yes the letter is two years old but the alleged contravention happened only 2 months after the letter. Agree not a contract but a letter but it being out of date may be irrelevant because the contravention was in June 2019 and the leter was in April 2019.

 

I just am not sure whether, them having been granted the ' permission' whether in two months form that permission from the management company, they would have had enought time to get planning permission from the council.

 

Im looking at the PPC thread and successes. Must say I am after a good template WS but am reading through loads of posts . is there any paricular ones with with a good WS. 

 

Finally, I think as in my attachments, the deadline is 1st of february for submitting my WS.

 

18Jan is for any documents that i wish to use as evidence, but the 1st of feb is the deadline for my WS

 

Lets say i get my WS sent to the court and claimant by the 18th deadline, wont that give them enough opportunity to get rid of many of their loopholes and come up with a more consistent and better second WS?

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It will be decided on ws's no second chances for them

Simply rip theirs apart in yours

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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Thax dx100uk

 

Can I just confirm one thing 

 

on the notice of allocation to SC court ( hearing), which i have uploaded also in the original uploads, it states

 

By the 18th jan 2021, the Claimant must send to the court and the defendant copies of all documents he intends to rely on upon the final hearing. These must be in a bundle.....

 

By the 18th jan, the defendant must send to the court and the claimant copies of all documents he intends to rely on upon the final hearing. these must be in a bundle...etc

 

By the 1st February 2021, the CLAIMANT and DEFENDANT  must send to the court and to each other , copies of their own witness statements and those witness statements of all the witnesses they intend to rely upon at the final hearing. The Witness statement must comply ....

 

1. can someone please explain to me these 2 different deadlines. My understanding is that the 18th January would be suitable for things like copies of a lease or any evidence and the 1st of February if for the witness statements. As I am only submitting a WS, have I not got until the 1st Feb deadline .

 

2. I specifically ask if they get a second chance because if we read through their first WS, under all the exhibits, it clearly says 1st WS. To me that implies that once i have submitted my WS, they may have an opportunity to respond before the 1st of Feb with a second WS ( otherwise, why would they mention in their exhibits, 1st WS-- I infer that there may be a second WS, if they choose to submit one...).

 

I am sorry to ask so much but I dont ant to send in a rushed one if i have till the 1st of Feb. Also, if the first of Feb is the deadline, I will leave it a few days only before i send t to the claimant just incase they have an opportunity to send in a second WS.

 

 

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Get your ws done and sent by 1st or close too

Post it up here 1st

 

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

Cant see any proof contract currently paid  or signed?

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 Dx not sure I understand  what you mean but are  you referring to exhibit one which is just a letter from the management company to the PPC? Contract between the PPC and the landwoner you mean??

 

The contravention was June 22019. If they had summitted a proper contract between PPC and landowner dated April 2019, then would that not be acceptable because it would have been formed 2 months before the contravention and would have been at the time deemed upto date ? 

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its not signed? and no proof of payment?

to me its just a blank template ?

 

just musing.

 

 

 

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 hours ago, Andy711351 said:
So i was with my ex partner and we went round many shops and pared at various car parks some which were free

Right, so it's a case of double dipping then.

 

Do you have proof of purchase of anything you bought when you moved the car to go to the areas with unlimited parking?

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

 

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  • dx100uk changed the title to Bank Park ANPR PCN Claimform - Blue Car Park Merry Hill Brierley DY5 1QX

did you get a letter of claim and reply pack about 1 month before the issuance of the claimform.?

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
  • Andyorch changed the title to Bank Park ANPR PCN Claimform - Blue Car Park 2 Merry Hill Brierley DY5 1QX - *** Claim Dismissed ***

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