Jump to content


  • Tweets

  • Posts

    • I have been trying to help with this case I am not legally trained but have some experience as CA adviser. MoneyBarn never served a default notice  14 days after the second missed payment.  I suggested that we have a good case when built out of events, correspondence, failure to try to settle, and lots of reasons, and a good case can be built up if we have to go into detail. especially as the defendant has brought the account out of arrears and up-to-date, he now has a small history post coming out of arrears of making timely payments again. The Act aims to achieve this I believe.  My suggestion was a very simple one of they have not followed the correct path laid down, and some of their documentation can be shown to be fraudulently created eg the signed contract can be shown by their own acts to have been falsely constructed.  My idea was a simple, no case to answer, as they have asked the courts to hear a case that they have constructed that is not following the rules. You have to have rules, that is why the act was created and if you can show that the claimant's claim has not followed the rules then it should not have been served. The claimant has a vast history of pushing claims through illegally they were fined £2.7 million by the Financial Ombudsman for their behaviour. The account is in order, the claimant is seeking recovery to profit from it he has shown no intention to try to resolve the case as it is not as profitable as recovery.  I thought a time claim was for time to prepare. Is it a tool to be used to prevent it going to court? If you feel that my suggestion of a simple, "it is not according to the Act" that both parties signed (with a few dodgy manoeuvres by MB) will not work, then I would ask how a time order works and how should I construct one. The defendant has no money to employ a solicitor, let alone a barrister to fight his case, I think it will be me as a lay person who will be asking the Judge to help me in matter of law. I will appreciate your comments, but I have always thought if it is not done right, then it has not been done at all (served),
    • No matter ...my fault for not renumbering
    • Was it hire purchase? We will draft a letter here. Make sure you have taken copies of any documentation including receipts, the five – et cetera. When you return the car, give them the V5 document and inform DVLA immediately that you are no longer the owner of the vehicle. Once you have returned the car you can cancel insurance et cetera. Please give us a list of all the expenses you have incurred in addition to the purchase price. Send a copy of the letter to the dealership and also to the hire purchase company but when you return the car give them also a copy of the letter and a copy of the MOT certificate along with the V5 and any ownership documents. Before you leave the car take photographs inside and outside so there is no dispute as to its condition when you leave it. I hope you now understand why we wanted you to get an MOT.
    • Okay you will have to return the car immediately. I probably ask you before but how far away from the dealership are you?  
    • People also ask What does engine mil inoperative mean on MOT? This is a description they use in the MOT testing manual, It normally means the MIL (engine management light is illuminated when the mot is done and will need to be scanned to check what fault codes are stored in the ECM, If the EML (MIL) light is not working at all then it has possibly had the bulb removed or the bulb ...   Halford should have looked for error codes?  Did they?  Dx
  • Our picks

    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 161 replies
    • 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.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
        • Like

UKPC ANPR PCN PAPLOC Now Claimform - vehicle on site during restricted no parking period - Rom Valley Retail Park, Romford *** Claim Dismissed with Costs awarded***


Recommended Posts

1 Date of the infringement 17/03/2023

 

2 Date on the NTK  21/03/2023

 

3 Date received 22/03/2023
 

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

5 Is there any photographic evidence of the event? Yes, entry and exit photos
 

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

Have you had a response? [Y/N?] post it up Not applicable as not appealed yet
 

7 Who is the parking company? UKPC

 

8. Where exactly [carpark name and town] Rom Valley Retail Park, Romford, RM7 0AF
 

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

British Parking Association (BPA)

 

UKPC Rom Valley Retail Park-1redacted.pdf

Link to post
Share on other sites

  • dx100uk changed the title to UKPC ANPR PCN - - vehicle was present on site during the restricted no parking period - Rom Valley Retail Park, Romford, RM7 0AF

await their letter of claim if one ever comes 

please do not appeal

 

can you go and get photos of the signs you said arent there?

is this local to 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... 

Link to post
Share on other sites

Thanks dx100uk

 

I've uploaded pics of the signs from Google streetview using postcode RM7 0AF.  It was dark and I didn't see any of these signs as I parked on the right as you enter (marked with red arrow) and there are no signs against the building on that side.  The sign at the entrance is also very small so had no idea there were restrictions.

 

 Unfortunately I'm not local so would be difficult to get clearer pictures of the signs.

 

Pic 1 & 2 - Sign at entrance

Pic 3 & 4 - Signs when you exit

Pic 5 - Signs inside the carpark - Zoomed but not clear enough 

Pic 6 & 7 & 8 - Shows where I parked (red arrow) and nearest sign (yellow arrow)

Signs.pdf

Edited by wv600
Link to post
Share on other sites

The PCN does not comply with the Protection of Freedoms Act 2012 as it does not invite the keeper to. pay the charge. As such only the driver can be liable for the charge, not the keeper.

As so many people are legally  able to drive your car they will have a hard job trying to prove who was driving as Courts do not accept that the driver and the keeper are the same person. That is why we advise not appealing as in appealing the driver may be revealed.

In addition it can be claimed in this instance that the £100 charge is a penalty since there is no legitimate interest in pursuing you as there is no financial gain to the client in charging you that amount. 

Link to post
Share on other sites

They are on a hiding to nothing with that one as LFI indicates No POFA compliance so cannot be transferred No appeal people out themselves inadvertently as Driver with appeals quite often.

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!

Link to post
Share on other sites

Nipped in and redacted them

  • Like 1

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!

Link to post
Share on other sites

  • 3 weeks later...
  • Like 1

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... 

Link to post
Share on other sites

  • 2 months later...

Hi.

Your next step is to do a search on CAG for a suitable 'snotty letter' to send them. Either type 'snotty letter' into the white search box on the right at the top of this page, in the red strip, or go through threads in our Parking Successes subforum. Have a look for people who have had LBCs from UKPC.

HB

Illegitimi non carborundum

 

 

 

Link to post
Share on other sites

CAG is self help. You should really be reading other threads to get an idea of what comes next. Even more so, now you've got to this stage.

You'll need to know your way around legal arguments if it actually does get to court. You'll be the one presenting your case...

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 The National Consumer Service

Link to post
Share on other sites

  • dx100uk changed the title to UKPC ANPR PCN PAPLOC - vehicle on site during restricted no parking period - Rom Valley Retail Park, Romford, RM7 0AF

Thanks Honeybee13 and Nicky boy for your replies....

 

I have drafted the following snotty letter, ready to post 27 days after the date on the Letter of Claim letter(14 June), so if I understand correctly, on 11 July? 

 

Any feedback appreciated!

 

Dear UKPC

 

I have received your letter dated 14 June 2023 headed: “Letter of Claim”.

 

Now, I’m surprised people still fall for your bullying tactics……Well, sorry to disappoint, but I don’t!  So I suggest you focus your efforts elsewhere as I have NO intention of paying the sum mentioned in the letter AND I am fully aware your claim has NO basis in law.

 

Perhaps you could spend your time more constructively, as it would be wasted in this instance.

 

I shall not respond to any more of your harassment letters, unless you decide to waste the Courts valuable time – in which case I would be more than happy to defend myself and send you packing with your tail between your legs.   So please stop wasting my time and save yourself the embarrassment!

 

Yours truly,

Link to post
Share on other sites

If you don't mind  some constructive criticism, it's a rather "posh" snotty letter.

A bit more insulting would be good?

 

Also don't forget their reference number/s.

Edited by Nicky Boy
typo
  • Like 2

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 The National Consumer Service

Link to post
Share on other sites

wv600 I am so sorry but I misled you about the PCN being non compliant because they had not asked you to pay the charge. On checking the PCN while they have said it they have still got the PCN wrong. 

They are supposed to specify the parking time when what they have actually done is to use the arrival and exit times as the parking period. This is obviously wrong since you would have had to drive from the entrance to the parking spot and perhaps have to manoeuvre back and forward to be parked within the lines.

On top of that there may have been children or disabled people with you who would have taken longer to exit the car and then re-enter it when leaving. Then you have to drive back to the exit perhaps having to stop because of pedestrians, other vehicles, animals etc.

All that time spent driving around cannot be termed as the parking period and the new Private Code of practice confirms this. 

2.24 parking period

the length of time that a vehicle has been parked, i.e. left stationary otherwise than in the course of driving, after any relevant consideration period has expired (excluding instances where the driver has stopped to enable passengers to leave or enter the vehicle)

This is not the period between a vehicle being recorded as entering and departing controlled land.

  • Like 2
  • Thanks 1
Link to post
Share on other sites

  • 1 month later...

Good grief!

We thought the regulars here were pretty good at sarcastically telling the fleecers where to go - but you take the snotty letter to a new level.  Well  done!

The whole point of their Letter of Claim was to legally tell you to either pay or it would be court.  But they still haven't got the gonads to do court, they've faffed around writing twice more giving you a final final final chance to pay.

Yours is not the next move.

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

Link to post
Share on other sites

They are hoping you don't know that their invoice isn't POFA compliant, they claim it is in that response. Excellent Snotty Letter btw

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!

Link to post
Share on other sites

  • 4 weeks later...

Hello all,

I have now received the Letter of Claim, see attached.  Also see my answers to the questions below.  Appreciated any comments and guidance on next steps.  Understand I have to Acknowledge Service, will do that in the next day or 2 on the back of any guidance received.

 

Which Court have you received the claim from ?

  1. MCOL Northampton N1 

If possible please scan redact and upload a full page copy of page 1 of the claim form. (not the response page or AOS) - DONE

Name of the Claimant : UK PARKING CONTROL LTD, UNION HOUSE, 111 NEW UNION STREET, COVENTRY, CV1 2NT          

Claimants Solicitors: NONE STATED, ONLY LEGAL REPRESENTATIVE - ANGELIKA BRZOZOWSKA

 

Date of issue – 14 AUGUST 2023

 

Date for AOS - NOT YET DONE, UNDERSTAND IT IS 19 DAYS FROM DATE OF ISSUE, THEREFORE BY 4PM ON 1 SEPTEMBER 2023 

Date to submit Defence - UNDERSTAND THIS TO BE BY 4PM ON 15 SEPTEMBER

[NOTE : WHEN CALCULATING YOUR TIMELINE - PLEASE REMEMBER THAT THE DATE ON THE CLAIMFORM IS ONE IN ANY COUNT [an example: Issue date 01.03.2020: + 19 days  = 19.03.2020 :+ 14 days to submit defence = 02.04.2020: a total of 33 days]

What is the claim for – SEE ATTACHED LETTER OF CLAIM

1. The Defendant (D) is indebted to the Claimant (C) for a Parking Charge (PCN) issued to the vehicle xxxxxx at Rom Valley Retail Park, Rom Valley Road, Romford, Essex, RM7 0AF.

2. The PCN details are 17/03/2023, xxxxxxxxxxxx

3. The PCN was issued on private land, which is managed by C.

4. The vehicle was parked in breach of terms and conditions provided by signage (the contract), resulting in the PCN.

5. The driver agreed to pay within 28 days but did not; D is liable as the keeper. Despite requests, the PCN is outstanding.

6. The C claims £170 being the total of the PCN and damages.

7. C claims costs and court fees.  The Claimant claims interest under section 69 of the County Courts Act 1984 at the rate of 8% a year from 17/03/2023 to 11/08/2023 on £170.00 and also interest at the same rate up to the date of judgement or earlier payment at a daily rate of £0.02

 

**IMPORTANT** WE NEED TO SEE THE FULL POC MINUS YOUR PERS DETAILS>> NOT AN ABRIDGED VERSION**THIS MUST INCLUDE THE LOCATION  - ATTACHED

What is the value of the claim?

Amount Claimed  - 170.00

court fees - 35.00

legal rep fees  - 50.00

Total Amount - 255.00

Have you moved since the issuance of the PCN? (y/N - if Y state Date too)

Did you receive a letter of Claim With A reply Pack wanting I&E etc about 1mth before the claimform? Y/N + date and did you reply?

 

Letter of Claim Redacted.pdf

Link to post
Share on other sites

So long as you didn't out yourself as Driver,

"5. The driver agreed to pay within 28 days but did not; D is liable as the keeper. Despite requests, the PCN is outstanding. "

is fatal as no POFA compliance.

  • I agree 1

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!

Link to post
Share on other sites

that's not a letter of claim its a court claimform

pop up on the MCOL website detailed on the claimform.

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.

click thru to the end

confirm and exit MCOL.

.

get a CPR 31:14 request running to the solicitors

https://www.consumeractiongroup.co.uk/forum/showthread.php?486334-CPR-31.14-Request-to-use-on-receipt-of-a-PPC-(-Private-Land-Parking-Court-Claim


type your name ONLY


no need to sign anything

.

you DO NOT await the return of paperwork.

you MUST file a defence regardless by day 33 from the date on the claimform.

………….
 

 

 

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... 

Link to post
Share on other sites

Thank you dx100uk and brassnecked for your replies.

I have submitted the AOS on the Moneyclaim website today and will post the CPR 31:14 letter to UKPC Ltd tomorrow (no solicitors mentioned anywhere, only a legal representative, ANGELIKA BRZOZOWSKA, so do I address the letter to her at the UKPC LTD address?).

At no point have I admitted to being the driver.

Do I need to do anything else at this stage?

Thanks in advance!

Link to post
Share on other sites

They have been very naughty in claiming £50 legal representative's costs - yet the documentation is to be sent to them rather than a legal representative.  A search for Angelika Brzozowska shows she is "Head of Legal at UK Parking Control (UKPC)" (i.e. the tea lady).  Make sure the question of this fictitious cost is added to your defence in mid-September.

  • Like 1

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

Link to post
Share on other sites

  • dx100uk changed the title to UKPC ANPR PCN PAPLOC Now Claimform - vehicle on site during restricted no parking period - Rom Valley Retail Park, Romford, RM7 0AF

just dont forget your defence whatever happens or not.

that is in the court sticky further down from the Q&A 

you filed out

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... 

Link to post
Share on other sites

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...