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    • Hi everyone, I am new to this forum. I am HOPING you can give me some advice that can help me. I am 68 years old and I currently own a leasehold property for which I have to pay (extortionate) monthly fees for Ground rent and Maintenance to a management company. During 2020, I managed to pay only for 6 months and then ended up in financial difficulty due to Covid. I was barely able to make ends meet. I stopped paying the maintenance fees around June 2020. My plan was to pay them a lump sum at the end of the year, when things go back to normal and my financial situation improved. Government advised things would go back to normal but unfortunately this didn't happen and I ended up in a lot of debt. I even had to sell my car to pay back money I had borrowed from family members. I live alone and this whole pandemic situation has really affected me mentally. To make matters worse, because I wasn't able to pay the lump sum as I originally had planned, the management company consulted a solicitor (Realty Law) to help them recover this outstanding debt. The initial debt was £596.00 + £36.15 for interest (no idea where this interest came from). The solicitors have now added on legal fees of £721.50 increasing the total debt to £1353.65. I contacted them via email and offered to pay £50 a month for the time being until I can improve my financial situation, at which point I would pay them more. Their response was the following: 'Our client has advised that they cannot honour a payment plan for that duration and therefore we have been instructed to continue our recovery process and request judgment if payment has not been made by 2pm on 29th October 2021. As such, we request that you please make full payment of £1353.65 as per the attached arrears schedule by 2pm on 29th October 2021. If payment or correspondence has not been received by then, then we shall be continuing with further recovery action and issuing a county court judgement (CCJ) which will incur additional fees. You are entitled to seek your own legal advice.'   The whole idea of court proceedings and CCJs and ADDITIONAL FEES has really elevated my anxiety levels to the point I am struggling to get to sleep at night. I borrowed money from family members and used some money that I had saved to pay off the initial £596.00, but its not possible for me to come up with the £700+ for the solicitor fees by 29th October. How is it even acceptable to charge someone £700+ in legal fees for a few letters?    Can someone please give me some advise on what on earth to do or who on earth I can speak to. I am desperate here.  Any advice would be greatly appreciated. Thank you in advance  
    • 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.
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PCM/Trace/Gladstone 2*PCN's - ignored everything - Residential Parking - now gladstones letter


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no just a snotty letter not compliant to anything

 

just get free proof of posting.

 

post your idea up here 1st 

 

the best way to search CAG is to use our enhanced google search box

snotty letter

 

if you use the search in the top red toolbar you need to add a + sign between each word so you would type

 

snotty+letter

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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How about something like this?

 

 

Dear Will and John,

 

Re: PCN no.XXXXX and no.XXXXX

 

cheers for your Letter Before Claim.  I had a good laugh at the idea you actually really thought I'd take such tripe seriously and cough up!

 

As usual you'll have been too bone idle to do any due diligence before sending out your bilge otherwise you'd have seen this is a residential parking case.  You know and I know and now you know that I know why your client isn't entitled to a red cent in such cases.

 

Your client has also scored a big own goal by adding a whopping £120 in Unicorn Food Tax.  Oh dear oh dear oh dear.  Judges don't like these made-up sums, do they?

 

Your client can either drop this hopeless case or get a good kicking in court where I will go for an unreasonable costs order under CPR 27.14(2)(g) and spend it all on a foreign holiday now that we can all travel again, while all the time laughing at your client's expense.

 

I look forward to your deafening silence.

 

COPIED TO PARKING CONTROL MANAGEMENT (UK) LTD

 

 

Wait and see what the other regulars think today, then if there is no retweaking send off copies both to Gladstones and to PCM tomorrow by 2nd class post, and make sure you get two free Certificates of Posting from the post office.

 

Any competent company would see "residential parking" and give up as they know full well it is very difficult for them to win such cases.  However, they may be blinded by £££££ as there are two tickets.  I've tried to hint that you know the law but at the same time tried not to play our cards too early.

Edited by FTMDave
Typo

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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Tha 

17 minutes ago, FTMDave said:

How about something like this?

 

 

Dear Will and John,

 

Re: PCN no.XXXXX and no.XXXXX

 

cheers for your Letter Before Claim.  I had a good laugh at the idea you actually really thought I'd take such tripe seriously and cough up!

 

As usual you'll have been too bone idle to do any due diligence before sending out your bilge otherwise you'd have seen this is a residential parking case.  You know and I know and now you know that I know why your client isn't entitled to a red cent in such cases.

 

Your client has also scored a big own goal by adding a whopping £120 in Unicorn Food Tax.  Oh dear oh dear oh dear.  Judges don't like these made-up sums, do they?

 

Your client can either drop this hopeless case or get a good kicking in court where I will go for an unreasonable costs order under CPR 27.14(2)(g) and spend it all on a foreign holiday now that we can all travel again, while all the time laughing at your client's expense.

 

I look forward to your deafening silence.

 

COPIED TO PARKING CONTROL MANAGEMENT (UK) LTD

 

 

Wait and see what the other regulars think today, then if there is no retweaking send off copies both to Gladstones and to PCM tomorrow by 2nd class post, and make sure you get two free Certificates of Posting from the post office.

 

Any competent company would see "residential parking" and give up as they know full well it is very difficult for them to win such cases.  However, they may be blinded by £££££ as there are two tickets.  I've tried to hint that you know the law but at the same time tried not to play our cards too early.

thank you so much I will await for confirmation from others and prepare and send the 2 copies. Thank you for your help as always 

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I've just gone back and looked at the PCN's you posted back in June.

 

They sent two NTK's for one of the "alleged" breaches presumably because the first one did not comply with PoFA.

 

They then sent you another version of the NTK which was also not compliant with PoFA. Total muppets. And of course the other PCN was also non compliant.

 

 I find it hard to believe that they are even threatening to go to Court with you. There is no way on God's earth that they can win if you bring their failures to the Court's attention.

 

As your PCNs were both windscreen tickets then when they follow up with their Notice to Keeper  comes under section 8 of PoFA and in s8 2] it states "must". As such the procedures and wording must be virtually identical to the procedures and words in the Act.

 

So in s8 2] [f] it states "

(f)warn the keeper that if, at the end of the period of 28 days beginning with the day after that on which the notice to keeper is given—

(i)the amount of the unpaid parking charges (as specified under paragraph (c) or (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;"

 

In their version they ignore most of those words and then say "This is inclusive of  recovery action and is in accordance with Schedule 4 of the Act. Which it isn't.

 

Edited by dx100uk
added A few blank lines only..dx
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22 minutes ago, lookinforinfo said:

I've just gone back and looked at the PCN's you posted back in June.

 

They sent two NTK's for one of the "alleged" breaches presumably because the first one did not comply with PoFA.

 

They then sent you another version of the NTK which was also not compliant with PoFA. Total muppets. And of course the other PCN was also non compliant.

 

 I find it hard to believe that they are even threatening to go to Court with you. There is no way on God's earth that they can win if you bring their failures to the Court's attention.

 

As your PCNs were both windscreen tickets then when they follow up with their Notice to Keeper  comes under section 8 of PoFA and in s8 2] it states "must". As such the procedures and wording must be virtually identical to the procedures and words in the Act.

 

So in s8 2] [f] it states "

(f)warn the keeper that if, at the end of the period of 28 days beginning with the day after that on which the notice to keeper is given—

(i)the amount of the unpaid parking charges (as specified under paragraph (c) or (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;"

 

In their version they ignore most of those words and then say "This is inclusive of  recovery action and is in accordance with Schedule 4 of the Act. Which it isn't.

 

Thank you for having a read through the thread. I shall prepare the letter and send the 2 copies or should I add anything else to it? Thank you

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Munksky just type

No need to keep hitting quote please

Makes the thread twice as long and diff to find your reply start on mobile/small screen s

 

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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FTM Dave's take on the snotty letter is a decent response to Gladstones, the solicitors most likely to lose their clients money for them in court

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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Send the letters as drafted tomorrow.  The aim at the moment is to convince them they would be on to hiding to nothing if they did do court, so best for them to leave you alone and concentrate on some other mug.

 

Don't play all your cards, otherwise the PPC will simply make up lies to counter your arguments.

 

LFI's excellent work will come in handy later on if they do do court, but hopefully it won't come to that.

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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