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    • Please also take photos of the sign at the entrance as well as any signs inside the car park especially any that are different. Please take them from a distance where we can read them and if there is a payment machine, the sign on the machine or very close to it that explains their T&Cs for the machine.
    • Thanks for getting the signage posted up so quickly. The sign on entry should explain their T&Cs. As they don't it means that  what they have given you is  an offer to treat, not a contract. For there to be a contract they would have had to put their offer at the entrance.  You cannot put a notice saying that their T&Cs are inside the car park and expect motorists to be subject to those T&Cs when they are unaware what the terms are.. They have to be able to read them and understand them before they can accept them. My feeling is that the sign that includes the charge of £100 is too small to be acceptable On top of that the sign at the entrance is for Parking Control Solutions while the signs inside are from HX Management-a completely different animal. To strengthen your case for not paying them is the fact that their PCN is not compliant.  Under the Protection of Freedoms Act 2012 there are certain wordings in  the NTK  that by Law must comply with the Act. They don't  have to quote that part of the Act in their PCN but the relevant wording has to be included. PoFA Schedule 4 paragraph 9 [2]   the notice must  [f]   warn the keeper that if, after the period of 28 days beginning with the day after that on which the notice is given— (i)the amount of the unpaid parking charges specified under paragraph (d) has not been paid in full, and (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  NTK does not include  [if all the applicable conditions  under the Schedule have been met ]thus rendering the NTK non compliant.  
    • I agree its about time but why has it taken for the National Crime Agency to flag this up for then to take action and not Ofcom.   Yet again a Government Agency that is meant to deal with this hasn't Ofcom but flagged by another Agency NCA.   If the telephone companies have this facility in place already to do this then why hasn't Ofcom been pushing them to stop all these scam calls and giving them massive fines for not doing so.    
    • Hi   Send this to them:   Dear Sir/Madam   Formal Complaint   Reference:            (insert their complaint reference number here)   Thank you for your response letter dated XX/XX/2021 which I received by email on XX/XX/2021 that contained your Original Email sent that showed due to your Maladministration that you had sent the Original Email containing my Personal Data to an incorrect email address due to spelling errors in the email address.   a)      Due to this Maladministration of this email being sent to the incorrect email address this email contained my Personal Data which is a Data Protection Breach therefore I require clarification from yourselves that this Breach has been reported to your Data Protection Officer and what action is being taken to ensure that my Personal Data contained in that Original Email has not been read by the recipient that you sent that email to with the incorrect email address.   As the email was sent by yourselves to my correct email address containing the original email showing the incorrect email address was due to spelling errors (maladministration) your IT Department will be able to obtain those emails sent.   If I do not get a satisfactory response that this has been dealt with by your Data Protection Officer, I will report this Data Breach to the Information Commissioners Office (ICO) https://ico.org.uk/make-a-complaint/   b)      Due to this Maladministration I failed to receive your Stage 1 complaint response within the allocated time limit for a Stage 1 response therefore this complaint should be dealt with as a Stage 2 Complaint and if you refuse to treat this as a Stage 2 Complaint, I require Full Clarification for your refusal.   I was placed in this Tenancy via the Rough Sleepers Initiative and I find your response about damaged/destroyed items that you would not be able to look into this as this happened 2 years ago but all tenants regardless of private or social housing are responsible for arranging their own contents insurance totally unacceptable as again, I was never notified nor informed of this requirement on taking up this tenancy.   I require clarification from yourself that when a New Tenant takes up a Tenancy Agreement with yourselves why are the not informed of this requirement of Contents Insurance which you should be duty bound to inform all tenants on taking up a tenancy agreement if such a requirement and it should also be noted within that tenants Housing File which you have full access to as dealing with complaint so I require clarification as well if this is noted in my Housing File.   You state multiple properties throughout the area were affected by sewage flood on the same day and the issue will have stemmed from the mains which is not your responsibility.   a)      You have failed to take into that the above statement from yourself blaming the Mains is without any actual evidence from yourselves to back up this claim therefore I require clarification as to what actual evidence you have and to be provided with copies.   b)      You also failed to take into account that in my initial complaint letter that on 12th July 2021 basement flats 1 & 2 were flooded by sewage exacerbated by blockage in the property’s drainage. The blockage has been confirmed by two contractors after the flooding including CCR who were subcontracted by Pyramid Plus that it was the properties drainage that was blocked. Also, while I was decanted from this property, I was contacted by CCR who confirmed that the drain was blocked but they could not access manhole as it was inaccessible as it is located in a utility cupboard underneath carpet, floorboards so how could this be the Main and not your responsibility when it is within the properties boundaries.   Your response about how complaints have been made by residents in relation to this issue is that your system does not allow you to find that information is completely unacceptable as your Housing Association should be able to produce these as part of ongoing repairs and maintenance/procurement processes to present these to your Board for there yearly Budget meeting if not why not.   Then you state you are under no obligation to share that information; therefore, your organisation is not being Open and Accountable to your Service Users and under which Article of the General Data Protection Act (GDPR) are you using for this refusal.   You have also failed to mention that I can make that above request under the Freedom of Information Act (FOI) and what is your process for such a request again not being Open and Accountable.   I await your response.
    • RE: EC261 Compensation   It's normal they won't have asked you to contact them . Your initial rescheduling was obviously done by a bot - and there was no human to notice the mistake, as far as the bot knew your scheduling was perfectly normal so there was no need to ask you to contact them.   As long as that was done 2 weeks in advance the carrier's liability to notify you is fulfilled.   (You could have contacted them there and pointed out that the new schedule was impossible. Unfortunately you didn't. Claiming you didn't notice is not likely to work in your favor)   The bot who sent you the 24h confirmation didn't notice the mistake either, obviously.   At some point a human or another bot finally identified the problem and that's when they called you. As far as they are concerned neither you nor them had noticed the scheduling mistake and they took it on them to notify you so you don't have a bad surprise when you try and check in.   However as far as I know, neither flight was delayed or cancelled. You could have taken both flights, if you had the power to be in two places at the same time.   So I don't think there is any scope to claim for EC261. But claim forms are free so feel free to try.     Then, you can certainly make an old fashioned claim (directly to BA)   What could perhaps play in your favor:   It's the carrier's responsibility to ensure that they don't sell you a ticket where the flyer cannot meet the minimum connection time or MCT.   This situation mostly applies to situations where the flyer doesn't know and gets caught. For example say you connect at LHR and you are given 35 minutes to connect. This may look just fine to an unsuspecting tourist, but in reality there is practically zero chance to make the connection, therefore the airline is liable here for selling you this ticket resulting in you missing your connection   In your case though it could be argued that even an unsuspecting tourist should be able to tell that it is not possible for them to depart 5 minutes prior to disembarking and therefore that you should have checked your notification more carefully.   The fact that the bot allowed such a glaring mistake to happen is certainly an argument in your favour shall you decide to make a complaint.     What doesn't play in your favor:   The airline obviously did their best to get you to your destination as soon as they noticed their mistake. They offered you more than one alternative (the first alternative would have got you in time at your destination, but you declined) and you then accepted another alternative, and fully travelled the ticket. That is a very strong position for them.     What did you lose and what do you intend to claim for?   You took the overnight connection so obviously you had to stay at an airport hotel. Is that correct? Did you keep the receipt for your hotel and meals?   You certainly should have asked them on the phone when negotiating your re-route that they provide a hotel. Within 20hrs of the flight it's something they would most probably not have denied to you (but airlines will generally avoid offering off the bat. Why lose money when a customer is just going to roll with it and pay for their own stay anyway, right?). After the fact it's going to be a lot more difficult to claim.   I do certainly think it would be reasonable to try and write them a polite but firm letter to claim for that. Not 700 euros, not damages and hardship and all that jazz, just the extra expense you incurred following a scheduling mistake that they made (that should have never happened) and that they didn't notice until way too late in the day , with your categorical inability to leave 3 hours earlier (you had very important business meetings or something critical, it certainly wasn't just convenience) and the extra costs incurred, and asking that they kindly provide compensation for the hotel and meals, which you feel it was their duty to offer you and you are politely disappointed that they didn't, and thafully you happen to have kept all the receipts. Put Alex Cruz on copy for good measure.   No guarantee but I feel it has a fair chance of success. Most probably you will be offered a heap of Avios instead of cash. It's then up for you to decide whether you want to accept that. Personally I wouldn't bother going further, but that's just me. See if anyone here disagrees, and do let us know what you decide and keep in touch with how it went.            
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PCM/Trace/Gladstone 2*PCN's - ignored everything - Residential Parking - now gladstones letter


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Hello, I have sent the SAR had no response as of yet. Just wanted to double check the reference I used was the car registration so hoping I got this right and also I put the dates in which I purchased the car and sold the car? Is this correct also? Quote below from letter.

 

"Please note that I require disclosure of any personal data which you hold on the above vehicle for the entire period between the dates 02/01/2017 to 31/05/2019"

 

As soon as I hear anything I will let you know. I sent direct to PCM LTD to address that was on their website.

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The fleecers have a month to answer, so it's not surprising you haven't had a reply yet.

 

I would have simply asked for all personal data without including dates,, as a lot of the threats they'll have sent you will have been after you sold the car and indeed continue up to the present day.  The data is on you, not the vehicle.

 

However, that's not fatal, what is most important is to find out how many of these tickets they've issued and if they respected the POFA time frame when they sent them out.

We could do with some help from you.

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The only document from them that requires attention is a Letter Before Action sometimes titled Letter Before Claim and that means you have to send a snotty letter in response to show these iditots that you won't be conned into paying their fake charges.

 

The fact that you have supremacy of contract means they don't stand a chance if they were stupid enough to go to court.

 

 

Just don't throw anything else out that they send you as it all provides information.

 

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  • 2 weeks later...

Please post up the PCNs (any follow-up threatening letters aren't really important).

 

We need to see how many PCNs there are, and the dates they were sent.

We could do with some help from you.

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How many PCNs are there in total?

 

Please redact and upload the ones issued on 05.04.19 & 22.04.19.

 

 

We could do with some help from you.

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Well that's good news they are only two.

 

If you click on upload a guide will pop up to explain everything.

We could do with some help from you.

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PCN issued on windscreen ..: 22/04/2019

Notice to Keeper: Date of posting of this notice: 23/05/2019

                                Date this notice is given: 28/05/2019

 

Keeper Liability Notice: Date of posting of this notice: 20/06/2019

                                          Date this notice is given: 24/06/2019

 

---------------------------------------------------------------------------------------------------------------------------------

 

PCN issued on windscreen ..: 05/04/2019

Notice to Keeper: Date of posting this notice: 09/05/2019

                                Date this notice is given: 13/05/2019

 

Keeper Liability Notice: Date of posting this notice: 06/06/2019

                                          Date this notice is given: 10/06/2019

 

Both I have been sent photographic evidence along with case report details which I presume is them putting my Car reg in to obtain my name and address.

 

Please let me know if you need any further info.

 

Thank you so much for all your help everyone. 

 

 

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we need to SEE them hence why we ask for things in one mass PDF file

read our upload <<Clickme guide carefully 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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done it for you

 

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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so i will guess the hanging plastic bag contains your parking permit?

the PCN's/NTK appear correctly timed.

not alot PCM can do here at all

 

just don't ignore a letter of claim

comeback here 

 

 

 

 

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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if I get a letter of claim from Gladstone as PCM said they are not dealing with it any more it’s been passed to Gladstone, if I get this I need to come back here ASAP!

Is there anything I need to be prepared for or prepare before hand? 

 

 

 

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Well done on the work you've put in, you've found out that there are only two PCNs and that the fleecers have respected the legal framework for once.

 

The fact remains you have Supremacy of Contract so you don't owe a bean.

 

BTW, being "passed to Gladstones" just means that every month or so PCM send a list of drivers who are still not paying and Gladstones send out a standard letter for a few quid.  Not exactly the height of legal wizardry.

 

Don't do anything now till a Letter Before Claim arrives.

 

There's nothing precise to do, but read a few residential parking threads and the articles on Supremacy of Contract on the Parking Prankster's blog, so you know how this all works.

We could do with some help from you.

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Thank you so much for your help I will have a look for these threads and read up. Thank you for taking the time to help me out and for your patience ☺️

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  • 2 months later...

The fleecers send these letters hoping the motorist will be terrified of the idea of court and will cough up or else won't reply and they can sneak through a default judgement.

 

You need to answer and show you would be big trouble for them if they did do court.

 

Use our search function to search for "snotty letter" on this part of the forum, and you'll soon get the idea.

 

There is an example in drew57's thread which is also a Gladstones one.

We could do with some help from you.

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So they are claiming they are fines?

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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They state they feel they have enough evidence to win? Has anyone got a link to the letter template or the thread that can help me as I’m searching but it’s only my showing threads with the word Letter on and only my thread when I search for drew57. Thank you for your quick responses 

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We could do with some help from you.

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Yes it come from Gladstone’s 

 

so I will amend details but must make sure it states the CPR 27.14(2)(g) part?

 

and do I do recorded or just free post office proof? 

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I'm tweaking the snotty letter as yours is a residential parking case and slightly different to drew57's.  Just one question first.  How much do Gladstones want?

 

Is it £100 + £100 + £60 invented costs = £260?

 

Or £100 + £100 + £60 + £60 = £320?  I suspect the latter.

We could do with some help from you.

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Residential Parking has other avenues to challenge, so a tweaked letter will be more effective.

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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