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    • As I'm off on holiday on Wednesday and won't be around I'll bring things forward and be pessimistic and decide that Iceland won't cooperate.  There are two things to ponder. The private parking companies have a lot in common for obvious reasons.  But also some differences. Excel and its sister company VCS are by far the most litigious.  They take large numbers of motorists who don't pay them to court - perhaps the majority.  That's not because they have a good case.  Indeed their case is rubbish.  It's because, sadly, enough people are terrified of the idea of going to court and just pay up when the court papers arrive.  It's a numbers game to Excel/VCS. In cases where the motorist is in it for the long haul, Caggers win 85% of the time in court against Excel/VCS (yes, I did once go back and counted all the court cases over the previous 30 months).  But Excel/VCS take the odd defeat because of the mugs who just panic and pay.  So take this into account when deciding what to do. Secondly, without boring you with the reasons, I know about the world of local journalism.  Papers have great difficulty in filling their column inches.  If you do contact the local media there is a 100% chance that they will publish something and embarrass Iceland - and maybe get them to back down. Again, have a think if this is a road you want to to go down. If you don't win by Wednesday!  
    • Followed up with letter which is no surprise as I’m easy to find via electoral roll. Letter says we have been asked to recover from you on behalf f our client in Middle East x amount. if you believe you are not liable please contact us - yeah right! If you wish to make payment here are our client bank details which look genuine and relate directly to a Dubai bank. ” if you don’t engage our client may take further action” etc blah blah blah. its the same type phrases used by CWD/IDRWW/IDR etc…..   I ignored the email, blocked the text number and will wait to see if I receive any formal action via Mail but seems like the same tactic I’ve seen for 10 years plus and I’ve ignored all. just for people’s info
    • Hi. I expect the experts will be along later to advise you. In the meantime, I've amended your thread title to show the car park name and location. HB
    • i can instruct my gof to sit, but if it does is an entirely diff matter. WL are acting here as a DCA and are not the OWNER of the debt, lowells are, so jog on WL... until very very recent we've never seen lowells raise a scottish claim Lowell/Shoes SPC Claim Forfar Sheriff Court - Old Newday Credit Card. - Scotland Financial Legal Issues - Consumer Action Group  
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    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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OPS/DCB(L) 2xPCN's PAPLOC Now claimform - Machine said Not In Use - Llangrannog (Beach) car park, West Wales *** Claim Dismissed***


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I have now received a reply to my CPR 31-14 letter from OPS's solicitors, the cover page of which is attached.

 

They have sent a large pack including the PCNs, Final Demands and photos of signage.

 

They have also sent a copy of the contract between OPS and the landowner.

Should I upload this too?

 

They haven't sent proof of planning permission, so I presume this is what they consider to be "disproportionate and/or not relevant"

 

DCB Legal 01.pdf

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We've already seen the PCNs, but the contract would be great to see, as would the signs.

 

20 minutes ago, ghedgehog said:

They haven't sent proof of planning permission, so I presume this is what they consider to be "disproportionate and/or not relevant"

No, it means it doesn't exist!

We could do with some help from you.

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The planning consent for the cameras and ticket machine can be found on the Ceredigion Council website.

 

Type in the postcode SA44 6SL. The application number is A191011.

Here is a link:

 


The signs do not need planning permission as they are below the minimum size. They are 0.46m x 0.46m, ie 0.21 sq m. Planning permission is only needed for signs over 0.3 sq m.

 

The contract between OPS and Anthony Ramsey Williams is also on the Lllangrannog Welfare Committee website 

 

http://llangrannogwelfare.org/wp-content/uploads/2022/02/Llangrannog-Redacted-Contract.pdf

 

I hope this helps.

 

 

Here is a letter from the Minister for Levelling Up to the Pembrokeshire MP Stephen Crabb

about the Parking Code of Practice.  
 

http://llangrannogwelfare.org/wp-content/uploads/2022/10/dept-for-levelling-re-code.pdf

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Thanks for this @Peter Parker 2I was wrong, the PPC do have planning permission in this case.

We could do with some help from you.

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Seems a bit dodgy, so OPS do the ticketing but the Landlord of pub is actually in control, or has he demised said control  to OPS to chase on their own behalf?

We could do with some help from you.

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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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Ok, thanks Peter, for pointing out that the contract between OPS and the landowner is up on the Llangrannog Welfare Committee website. I'll save myself the bother of uploading it then. The print is very small, so I think by the time I'd photographed it and converted it to PDF, it might not even have been legible.

 

Interesting bits of it are §10(c):

 

"OPS operate one service: HIGH STANDARD SERVICE

        i) OPS will do their upmost (sic) to insure (sic) the customer gets a swift, professional service"

 

and §18(a):

 

"OPS agree that they will ... Provide the system for the parking ticket operations"

 

Poor English aside, I don't think they've complied with either of those clauses

 

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The landowner uses OPS to issue tickets and chase motorists for payment, but if you look at the contract you will see that he gets 100% of the PCN revenue-

 

9 d) All PCN proceeds collected by OPS in payment of PCNs shall be submitted directly to the Customer's bank account and the Customer shall be provided with a reconciliation detailing payments received. 

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3 hours ago, ghedgehog said:

I'll save myself the bother of uploading it then. The print is very small, so I think by the time I'd photographed it and converted it to PDF, it might not even have been legible.

just copy the PDF here...:crazy:

 

2 hours ago, Peter Parker 2 said:

The landowner uses OPS to issue tickets and chase motorists for payment, but if you look at the contract you will see that he gets 100% of the PCN revenue-

because there is no annual monetary renewal terms, its a contract that never ends until either party cancels the contract

 

10 hours ago, Peter Parker 2 said:

Power for the camera and the machine come from his pub, The Ship Inn. 

urm i wonder if this is done properly under all the required regulations... 

 

Llangrannog-Redacted-Contract.pdf

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 weeks later...

I have had an email from OPS's solicitors saying their client is intending to proceed with the claim. It has a Directions Questionnaire attached, which I haven't opened.

 

They write "In due course, the Court will direct both parties to each file a directions questionnaire", so I'm assuming I just wait for that in the post?

 

Another question though, as the defendant, am I not entitled to have the claim heard at my nearest County Court?

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Dunno what happened to the thread but I've had to copy it to allow posting 

 

Post here now only 

 

Where have you been for 3 weeks?? Why have you not been reading up?? CAG is self-help too!!

 

That's a std letter they always send . Ignore

 

As for court n180 etc that's all explained in most PCN claimform threads 

 

Lastly..how did they get your email address??  We need to shut that down asap 

 

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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Test

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 weeks later...

Thanks Dave, for your tip about posting from the penultimate page of the thread. Appears to be working for me.

 

I have received the Notice of Proposed Allocation to the Small Claims Track and the Directions Questionnaire.

 

I note that it has to be returned, and a copy sent to the claimant, by 30th December, which isn't long given the time of year and the Royal Mail strikes. It seems that I have to sign the form and so can't submit it online?

 

I think I'm clear on how to answer the questions, in particular

  • I don't want the claim referred to Mediation
  • I agree that the Small Claims Track is the appropriate track for this case
  • I don't consider the case to be suitable for determination without a hearing
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https://www.consumeractiongroup.co.uk/topic/347310-legal-n180-directions-questionnaire-small-claims-track-correct-at-sept-2016/#comment-5088148

3 copies

yes to mediation (unless you filed our Statute Barred Defence OR this is a claim for a Private Parking Ticket)

1 wit you

Suitability for determination without a hearing? no (read all the posts in N180 link above for the reason)

the rest is obv

1 to the court

1 to sols (omit phone/sig/email)

1 for your file

 

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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test

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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tried to get the thread working properly tonight but not luck.

if you need to post

go back a page here and hit the green reply to thread up the top 

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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Thanks for your reply DX.

 

You have said YES to Mediation ... unless this is a Parking Ticket Claim. But it is a Parking Ticket Claim, so that will be a NO then? I can't see any point in agreeing to Mediation, unless I was prepared to pay some of the money they're now asking for, and if I was going to do that, I may as well have just paid the original penalty charge 

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 read it carefully 

Don't forget that is a general info file on CAG, for many different types of court claims upon how to fill out an n180.

 

You should also be reading like threads in between the stages so you know what's to come, how to react and what then follows. 

 

But you never do anything without checking here 1st.

 

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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  • 4 months later...

Weirdly it seems that page 4 was the page of doom.  You can post on this page 5 without any problems.

We could do with some help from you.

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  • 2 months later...

I think this may interest you  https://www.bbc.com/news/uk-wales-66398622

BTW, as your hearing is next month, time to draft a Witness Statement.

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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