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    • I've had another look at their WS and as it definitely states that they are pursuing you as the keeper in point 19 they must lose their case because their PCN is not compliant with PoFA on two counts.  First is the fact that they must have a parking period and it is quite clear that entering and leaving the car park does not constitute a parking period since some of the time the motorist is either driving around looking for a parking spot then leaving the spot and driving to the exit. All that takes time so that is one fail. The other fail is in their wording when they are trying to transfer the liability of the alleged debt from the driver to the keeper. They are supposed to include at Schedule 4 s9 [2][f] this "(if all the applicable conditions under this Schedule are met)". That in itself makes it non compliant but the fact that they haven't got a parking period means they haven't met the applicable conditions.   Looking at their contract, the names of the signatories and their positions in their respective  companys have been redacted. You do need strict proof of who actually signed. There is no specific authorisation from the Client to allow Court action in pursuit of non payers. In section 11 which is like an addendum it states" the Company shall provide parking control" but doesn't state if that includes legal pursuit as well and it does not appear to be signed.   The entrance sign does not include the T&Cs so it is only an offer to treat  not  an offer of a contract. Their only appears to be one type of sign inside the car park which is unusual and a lot of the signage is in too small a print to be acceptable in Law as capable of forming a contract. The signage also includes unlawful demands for extra charges which makes the whole contract invalid.  PoFA 2012 made it quite clear that the maximum  amount claimed was the amount on the sign. This has been reinforced by the Private Parking Code of Practice which states that no extra charges can be made over the signage figure. Indeed a Government Minister is quoted as saying that the extra charges demanded by parking companies are "a rip off" yet they still include them. They are an abuse of process and should be subject to adding exemplary costs payable to the motorist to act as a deterrent to rogue car parking companies.   They have no planning permission for their signs and ANPR cameras which means that in addition to them being unlawful because of the extra charges they are also illegal because they have not been given permission to be there under  the Town and Country [Advertisements} Regulations  1969. They are supposed to comply with the Law and the IPC code of Conduct and they have done neither. The new Private Parking Code of Practice  draws attention to it as well  s14.1 [g]  "g) responsibility for obtaining relevant consents e.g. planning or advertising consents relating to signs."   So it is not as if this is a secret-since it has been out since February 7th 2022 . You would have thought that as this Code was designed to root out the rogues in the industry that the parking industry would already have made adjustments to their activities in order to align themselves with the will of Parliament as proposed by Minister Neil O'Brien  who said   "The publication of this Code therefore marks the start of an adjustment period in which parking companies will be expected to follow as many of these new rules as possible."   Ignorance of the Law is no excuse but even Gladstones are surely aware that the extra charges are unlawful  it beggars belief that they can aver that they have told the truth on their WS.
    • Evening all,   I am looking for a little bit of advice, any would be appreciated. I am a bit hesitant in giving all the in's and out's as I am not sure of the forums procedures and I do not want to compromise my situation.   Basically as a result of a few issues in my life inflicted/self inflicted I ended up in a bad situation financially. A company brought a debt off a lender I had used and took me to court, I really mis-managed this and although I attended court with a case the verdict went against me. I accepted this but never heard anything back from them and admittedly as I was struggling didn't pro actively seek them out to make payment. So, on my Credit report I had a CCJ due to expire Sept. 2022, which I associated to that particular incident. Anyhow, I have recently received a Notice of Application for Attachment of earnings order, however, this is regarding a completely different debt/Court procedure to the one I participated in. The creditor, to my knowledge has never contacted me and until this week I have never received any correspondence to this case from the creditor or county court.    Basically, I was just after a bit of advice, on how to go about this. I am worried that if my employer is advised of the CCJ, it makes my position uncomfortable, maybe untenable which will only be negative to my situation.    So can I still contest this and possibly get it removed via the courts, can I delay it for 3 months to get it statue barred, do I pay the whole amount (to a company whom brought it at a pittance) or do pay it off and if so, can the figure be negotiated and how long would it affect me credit score?   I apologise for the number of questions, and appreciate any advice. My concern is the application ruining a very good job for me.   Thanks in advance
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New to this and nervous as hell!


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Well, I've lurked and read tons of threads plus as many of the FAQs as I could before my brain collapsed under the weight of them and decided it's finally time to get moving on this.

 

My story goes like this: May 04 everything seemed ok, then things started going wrong at work (new boss) and in Sept I had a bit of a breakdown, was signed off work sick and ended up seeing both a shrink and a therapist.

 

March 05 I was made redundant on health grounds and that's when things really fell apart. I was deeply depressed and just lost all focus on everything. Money stopped coming in but I kept on spending, payments stopped, letters arrived and went in a box unopened. I got more and more scared because the longer it went on the worse it seemed. Jan 05 I finally got a new job and started to sort things out.

 

My debt situation is this:

 

Sainsbury's Bank (Personal Loan) Original Amount £8106.39, being repaid via Logic Group, Current Balance £6851.39

 

Egg plc (Credit Card) Original Amount £3335.02, being repaid via Arc (Europe) Ltd, Current Balance £2545.02

 

Royal Bank of Scotland - Tesco Visa (Credit Card) Original Amount £995.99, being repaid via Moorcroft Group, Current Balance £635.99

 

Nationwide Visa (Credit Card) Original Amount £956.46, being repaid via Moorcroft Group, Current Balance £465.49

 

Great Universal (Mail Order) Original Amount £263.00, being repaid via Red Castle Recoveries, Current Balance £18.00

 

Royal Bank of Scotland - Mastercard (Credit Card) Original Amount £213.98, repaid via Moorcroft Group, Current Balance ZERO

 

O2 UK Ltd (Mobile Phone) Original Amount £160.61, repaid via O2 UK Ltd, Current Balance ZERO

 

Simply Be (Mail Order) Original Amount £154.02, repaid via Scotcall DCS, Current Balance ZERO

 

La Redoute (Mail Order) Original Amount £129.67, repaid via Call Serve Ltd, Current Balance ZERO

 

After reading some of the brilliant advice on here I want to try to reclaim some of the horrendous penalty charges that were applied to some of the above, namely the RBS, Egg and Nationwide Credit Cards. As it stands, I'm not sure if there were penalty charges applied to the Sainsbury's Loan account and I'm sure that none were applied to the rest.

 

My question is this - do I send my letters to the original bank or to the debt agency that I am repaying to and do I need to send individual requests for each account I want to reclaim charges on (if, say for instance it's RBS where there are 2 cards or Moorcroft where there are 3 accounts)

 

Any help/advice from any of you will be gratefully received.

 

Thanks

 

A.

[COLOR=magenta][COLOR=purple]Moorcroft DCA - CCA Requests (x2) sent 06/01/2007, 1 x CCA supplied and payments being made, one account passed back to Royal Bank of Scotland. Regal Credit demanded immediate payment in Nov 07, sent away with a flea in their ear as RBS is in breach of CCA.[/COLOR][/COLOR] [COLOR=magenta][COLOR=seagreen]Anonymous postcard from FCM Jan 08 can only be connected to this RBS farce![/COLOR] [/COLOR][COLOR=magenta]Meritforce reported to TS, ICO, FOS and Ofcom April 07 for harassment and breaches of Data Protection Act over a debt that was paid more than a year ago! dec 07 ICO finally agree that DPA was breached but say that the law does not allow them to take any action![/COLOR] [COLOR=royalblue]Roxburghe DCA - CCA Request sent 06/01/2007, Unable to comply letter received 14/01/07.[/COLOR]

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Hello

 

Just read your post. You can claim back your charges, but first of all you need 6 years worth of statements. To do this send an S.A.R. (Subject Access Request) letter to the bank in question,not the collection agency. Even if the account is closed you can still claim them all back. There are letters in the Bank Templates library to get you started. The S.A.R. request costs £10 for all of the data they hold on you, not £10 per copy as some banks try to scare you away with that initial cost.There are links below to assist you.

 

Before you start please have a thorough read of the FAQs (there’s a Step by Step guide here too). You should print both of these out to refer to, so as to avoid having to ask basic questions later.

 

Then look at other threads in your bank’s forum, so as you know what you can expect to happen. You can claim back your charges, and a few are trying for the payback of Early Redemption Charges on loans and Mortgages.

You need to spend 2 or 3 days gradually getting your head round everything. If you find a forum/thread/post of interest, save it in your Favourites, so as you can always find it easily.

 

There’s a lot to take in, but it’s time well spent and will ensure that you succeed in your claim without problems. Remember it’s not a race, don’t rush, just follow the guidelines one step at a time.

 

This is a self-help forum and you must be prepared to put in time and effort. It is your claim, your money and you cannot expect others to do all the work for you.

 

When you feel confident that you understand the process and the various stages involved, start a new thread in your bank’s forum and post your progress and any questions there and you’ll get plenty of help.

 

All the info to get you started is here:

http://www.consumeractiongroup.co.uk...se-read-these/

There are more links below to assist you get around the site.

 

Good luck

Ukaviator

 

WARNING TO ALL

Please be aware of acting on advice given by PM .Anyone can make mistakes and if advice is given on the main forum people can see it to correct it ,if given privately then no one can see it to correct it. Please also be aware of giving your personal details to strangers

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