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    • Thanks. I did all that but I will try it again. Strange thing is that although the screen says it’s me, the user profile is my daughter. I will try again but reckon I will need to call them. 
    • Hi   It a bit late now as you have sent them a letter before action but I would have waited for their response to those questions especially number 1. and to clarify for you asking these question would not put you in the position of Mears implying that you agree the money is owed as this money for the Roof Repairs is in Dispute with yourself (Landlord).   I would wait and see what response you get from Mears.   Also have a good look at Mears website and see what other bodies they are registered with   In the mean time something else to consider sending Mears is a Subject Access Request (SAR) asking for 'ALL DATA' that simple phrase covers all data they hold whatever format they hold it in whether it be recorded calls, written, emails etc.   They then have 30 Calendar Days to respond to your SAR Request, this time limit only starts once they acknowledge your SAR Request.   If they completely ignore your SAR Request then you make a complaint to the Information Commissioners Office (ICO):   Your right of access ICO.ORG.UK     What to do if the organisation does not respond or you are dissatisfied with the outcome ICO.ORG.UK   Make sure and put it in writing and get Free Proof of Posting from Post Office   Note: a SAR is now Free there should be no cost involved due to the DPA 2018 & GDPR 2018   I know I have asked a couple of times now but is there any reason why you can't post up a Redacted copy of that Agreement with Mears (in PDF Format)?    
    • Sorry I can't edit the post now meant to change it so that the Claiment is (lowell portfolio LTD)   I have done everything you have said already.   registered online on the GOV site, I have my date set already to file for defence which is 2nd February, CCA request sent off along with CPR forms recorded with postal order.   I have had a reply back already from Overdales sending me the same CCA information as last time.   All that is left to do now is file my defence online. Overdales no longer wish to respond to me unless I make payments. I will file my defence online Thursday next week. (my DO work)   post #6 has the CCA information overdales sent me as per post #20 if you could cast your eyes on the PDF document again they don't seem to have sent much and it's what they appear to be using in court.   Would you say that is enough info for them to use should it go that far? my defence is that they haven't supplied all the paper work to make and informed decision about the debt and they haven't complied with any S78 request or offered any explanation as to the missing documentation I have asked for it has left me in a position regarding payments to any debts up in the air because there isn't enough information regarding the debts.   Thanks   Again
    • name of claimant is not overdales - a solicitor representing a client cannot be the claimant.   pop up on the MCOL website detailed on the claimform. [if mcol is not working return after the w/end or the next day if week time] .  register as an individual on the Gov't Gateway Site Go to HMRC's login page. Click the GREEN sign in button. Click “Create sign in details” Enter your email address where asked. You will now be emailed a confirmation code. ... You will now be issued with a User ID for your government gateway account.  note down your details inc the long gateway number given, you might need it later.  then log in to the MCOL Website .  select respond to a claim and select the start AOS box. .  then using the details required from the claimform .  defend all  leave jurisdiction unticked  you DO NOT file a defence at this time [BUT you MUST file a defence regardless by day 33 ] click thru to the end confirm and exit MCOL. .. get a CCA Request running to the claimant ...YOU MUST SEND A CCA REQUEST FOR EACH DEBT IN THEIR POC https://www.consumeractiongroup.co.uk/topic/332502-cca-request-consumer-credit-act-1974-updated-january-2015/ .. Leave the £1 PO unsigned and uncrossed . get a CPR  31:14  request running to the solicitors [if one is not listed send to the claimant] ... .[use our other CPR letter if the claim is for an OD or Telecom Debt] . https://www.consumeractiongroup.co.uk/topic/332546-legal-cpr-3114-request-request-for-information-when-a-claim-has-been-issued/ . on BOTH type your name ONLY Do Not sign anything . you DO NOT await the return of ANY paperwork  you MUST file a defence regardless by day 33 from the date on the claimform [1 in the count] ..............      
    • Which Court have you received the claim from Northampton N1   Name of the Claimant ? Overdales   Date of issue –  31/12/2021   Date to submit defence  - 2nd February    Particulars of Claim   1. claim comprises of the following agreements the defendant entered into: a) shop direct financial services current balance £937 B) shop direct financial services current balance £3742   2. The agreements were terminated as payments were not maintained and subsequently assigned to the claimant A) total sums = £4679 B) interest pursuant of s69 £374 c) costs   What is the total value of the claim? £4680 = with court costs and interest = £5609   Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ? YES   Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? NO   Did you inform the claimant of your change of address? N/A Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? CATALOGUE   When did you enter into the original agreement before or after April 2007 ? AFTER 2007   Do you recall how you entered into the agreement...On line /In branch/By post ? ONLINE   Is the debt showing on your credit reference files (Experian/Equifax /Etc...) ? YES   Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim. DEBT PURCHASER (LOWELLS HAVE THE DEBT AND OVERDALES ARE ACTING ON THEIR BEHALF)   Were you aware the account had been assigned – did you receive a Notice of Assignment? NOT SURE IT'S BEEN A WHILE 3 YEARS IN DEBT AT LEAST   Did you receive a Default Notice from the original creditor? NOT SURE IT'S BEEN A WHILE 3 YEARS IN DEBT AT LEAST   Have you been receiving statutory notices headed “Notice of Sums in Arrears”  or " Notice of Arrears "– at least once a year ? NO   Why did you cease payments? WAS WITH A DEBT CHARITY (STEPCHANGE) MAKING PAYMENTS TO A NUMBER OF DEBTERS WIFE LOST 2ND JOB AND COULD NO LONGER AFFORD PAYMENTS (STEP CHANGE SUGGESTED I GO BANKRUPT I DIDN'T WANT TO DO THAT) CAME TO CAG FOR ADVICE IT WAS SUGGESTED I DROPPED THE CHARITY AND WENT ON MY OWN. FOUND IT EASIER SOME DEBTS ARE BEING PAID SOME CAN'T GET CCA INFO SO NOT HEARD FROM THEM FOR AGES OVERDALES HAVE BEEN THE ONLY PERSISTANT ONES FOR THIS DEBT.   What was the date of your last payment? CAN'T REALLY REMEMBER BUT PERHAPS 2017 OFF THE TOP OF ME HEAD   Was there a dispute with the original creditor that remains unresolved? AT THE TIME WHEN WIFE LOST HER JOB THEY WOULDN'T REDUCE PAYMENTS INSTEAD PILED ON INTEREST AND FINES. ENDED UP NOT RESPONDING TO THEM ANYMORE AND BEEN IN DEBT SINCE TO DCA'S   Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? YES I DID AND THEY WEREN'T INTERESTED
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HX ANPR PCN - Overstay - Anchor Retail Park, Marina Way, Hartlepool, TS24 0XR


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Hi there. The first notice (attached) is the only correspondence I have recieved. What should I do about this? Thank you.

 

1 Date of the infringement
16/10/2021
 

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

19/10/2021

 

3 Date received

19th October

 

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

No
 

5 Is there any photographic evidence of the event?

Yes - Entry and Exit - Second half of license plate unreadable in exit.
 

6 Have you appealed? [Y/N?] post up your appeal]
No
 

7 Who is the parking company?

HX Car Park Management LTD

 

8. Where exactly [carpark name and town]

Anchor Retail Park, Marina Way, Hartlepool, TS24 0XR
 

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

IAS

 

PCN - Redacted.pdf

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  • dx100uk changed the title to HX ANPR PCN - Overstay - Anchor Retail Park, Marina Way, Hartlepool, TS24 0XR

well done on your excellent work so far in following the sticky to the letter

 

dont appeal 

 

bottom line is ignore everything until/unless you get a letter of claim

 

this appears to be the 1st time we've met this carpark 

if you are near lots of photos of the signs and their small print etc as well as their layout would be good if you can.

particularly what warning signs are there before joe public enters and can thus dcide not to park there at all.

 

 

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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Thank you for the reply, I will follow your advice!

I have seen one or two threads of the car park company when I was googling around, on PPP.com. (Cant put the real name lol)

I will get some pictures of signs and a google map layout of the car park tomorrow.

Thanks again.

 

On closer inspection, and armed with slightly more knowledge I believe the NTK may actually mention schedule 4.

 

There is a section that states - "After the period of 28 days beginning with the day after that on which the notice is give, if the Parking Charge specified in this notice has not been paid in full, and/or we do not know both the name and a serviceable address of the driver, we 'HX Car Park Management Ltd' (The Creditor) will have the right to recover from you (The Registered Keeper), all monies due in regards to the above Parking Charge."

Edited by Bubba2021
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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.

 

Edited by dx100uk
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Hi there sorry about the late reply.

 

Should I take any action regarding the PCN. I also posted on a different forum for extra advice. They do not advise to ignore, they advise to appeal so that I look reasonable if it gets taken to court. What are your thoughts on this?

I also just checked the BPA Members website again, as I saw a BPA logo on HX's website. They are on the list for the BPA Member list. But not on a very similar looking list on the same website for the approved operators?
 

WWW.BRITISHPARKING.CO.UK

 

 

So they are on the top link but not the bottom. Does this mean anything significant? Thanks for all your help so far.

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Hi.

 

It's up to you whose advice you take of course, but mixing and matching advice from different forums often causes more problems than it solves.

 

We don't recommend appealing because you could inadvertently tell them you were the driver and lose any protection you could have under POFA. I can't remember a thread here where our person was told off for not appealing to the PPC.

 

HB

  • I agree 1

Illegitimi non carborundum

 

 

 

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please do not appeal it only plays any cards you have early.

 

await if/when you ever get a letter of claim come back here. until then ignore everything.

 

till then sit on your hand and get reading a good few 10's of threads in this forum.

 

the more oyu read here the stronger we become.

 

 

 

 

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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