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    • The property was our family home.  A fixed low rate btl/ development loan was given (last century!). It was derelict. Did it up/ was rented out for a while.  Then moved in/out over the years (mostly around school)  It was a mix of rental and family home. The ad-hoc rents covered the loan amply.  Nowadays  banks don't allow such a mix.  (I have written this before.) Problems started when the lease was extended and needed to re-mortgage to cover the expense.  Wanted another btl.  Got a tenant in situ. Was located elsewhere (work). A broker found a btl lender, they reneged.  Broker didn't find another btl loan.  The tenant was paying enough to cover the proposed annual btl mortgage in 4 months. The broker gave up trying to find another.  I ended up on a bridge and this disastrous path.  (I have raised previous issues about the broker) Not sure what you mean by 'split'.  The property was always leasehold with a separate freeholder  The freeholder eventually sold the fh to another entity by private agreement (the trust) but it's always been separate.  That's quite normal.  One can't merge titles - unless lease runs out/ is forfeited and new one is not created/ granted. The bridge lender had a special condition in loan offer - their own lawyer had to check title first.  Check that lease wasn't onerous and there was nothing that would affect good saleability.  The lawyer (that got sacked for dishonesty) signed off the loan on the basis the lease and title was good and clean.  The same law firm then tried to complain the lease clauses were onerous and the lease too short, even though the loan was to cover a 90y lease extension!! 
    • Northmonk forget what I said about your Notice to Hirer being the best I have seen . Though it  still may be  it is not good enough to comply with PoFA. Before looking at the NTH, we can look at the original Notice to Keeper. That is not compliant. First the period of parking as sated on their PCN is not actually the period of parking but a misstatement  since it is only the arrival and departure times of your vehicle. The parking period  is exactly that -ie the time youwere actually parked in a parking spot.  If you have to drive around to find a place to park the act of driving means that you couldn't have been parked at the same time. Likewise when you left the parking place and drove to the exit that could not be describes as parking either. So the first fail is  failing to specify the parking period. Section9 [2][a] In S9[2][f] the Act states  (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 PCN fails to mention the words in parentheses despite Section 9 [2]starting by saying "The notice must—..." As the Notice to Keeper fails to comply with the Act,  it follows that the Notice to Hirer cannot be pursued as they couldn't get the NTH compliant. Even if the the NTH was adjudged  as not  being affected by the non compliance of the NTK, the Notice to Hirer is itself not compliant with the Act. Once again the PCN fails to get the parking period correct. That alone is enough to have the claim dismissed as the PCN fails to comply with PoFA. Second S14 [5] states " (5)The notice to Hirer must— (a)inform the hirer that by virtue of this paragraph any unpaid parking charges (being parking charges specified in the notice to keeper) may be recovered from the hirer; ON their NTH , NPE claim "The driver of the above vehicle is liable ........" when the driver is not liable at all, only the hirer is liable. The driver and the hirer may be different people, but with a NTH, only the hirer is liable so to demand the driver pay the charge  fails to comply with PoFA and so the NPE claim must fail. I seem to remember that you have confirmed you received a copy of the original PCN sent to  the Hire company plus copies of the contract you have with the Hire company and the agreement that you are responsible for breaches of the Law etc. If not then you can add those fails too.
    • Weaknesses in some banks' security measures for online and mobile banking could leave customers more exposed to scammers, new data from Which? reveals.View the full article
    • I understand what you mean. But consider that part of the problem, and the frustration of those trying to help, is the way that questions are asked without context and without straight facts. A lot of effort was wasted discussing as a consumer issue before it was mentioned that the property was BTL. I don't think we have your history with this property. Were you the freehold owner prior to this split? Did you buy the leasehold of one half? From a family member? How was that funded (earlier loan?). How long ago was it split? Have either of the leasehold halves changed hands since? I'm wondering if the split and the leashold/freehold arrangements were set up in a way that was OK when everyone was everyone was connected. But a way that makes the leasehold virtually unsaleable to an unrelated party.
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PE ANPR PCN - appeal refused - returned within 2hrs - Leisure West Complex, Feltham, TW13 7EQ


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  • dx100uk changed the title to PE ANPR PCN - appeal refused - - with 2 hours not return

you have NOT RECEIVED A FINE

its a speculative invoice.

please complete this

and scan up ALL letters in/out bothsides to ONE MULTIPAGE PDF

read our upload guide CAREFULLY.

next time never ever appeal a fake parking ticket!!

 

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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I have received fine for 26.05.23 on 7.07.23 from parkingeye after 43 days.

Made appeal online, ask them to cancel it, as it was more than 14 days. But they just refused it.

But I can appeal now to POPLA, is it?

Should I do this?

To be honest I do not remember 2nd time to to return there, buy they record I may use cash machine, as I was only for 7 min.

To be honest  the parking signs, when you get in near Pizza hut, only said for 4 hours and some regulation which you can read,( so small), and when you turn you head.

In other side it is said 4 hours, not return in 2 hours.

Have is possible to see it if you not get in?

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Parking Eye can issue their invoices when they want like any private company - 2 days, 12 days, 22 days, 32 days, 42 days, 52 days, etc.

For the third time - please fill in the sticky in post 2 with the details of the invoice.

And upload a copy of the invoice.

And what you wrote in your appeal.

Then we will be able to help you.

We could do with some help from you.

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2 hours ago, Maryana said:

I have received fine for 26.05.23 on 7.07.23 from parkingeye after 43 days.

it is NOT A FINE...!!!

 

dx

  • 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... 

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you MUST REDACTED INFORMATIOn they can ID youy here by

like name/address/reg no/pcn ref no. etc.

page 1 is littered with them.

please complete this FIRST

then put your PDF back up redacted properly in the same post as your answers to the above

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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Share on other sites

thank you now can you do the questionnaire please copy and paste the q's here

answer each at it end

hit submit reply

#

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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The questionnaire is important, two things your appeal likely removed POFA protection as you likely outed yourself as the driver, all is not lost though so long as you provide the info requested,.

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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What ridiculous Parking Eye rules. You can stay 4:00. But you can’t stay 2:17 split over two visits. Why? If someone realised they had left their phone in a shop, would they really have to wait two hours to retrieve it?

Anyway, one of the most important documents that we need to see is your appeal, to see if you outed yourself as the driver, as BN says.

Can you upload it please?

if you don’t have a copy, can you remember if you admitted to being the driver?

We could do with some help from you.

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Hi All, thank you for helping with this, I am finishing feeling up the questionnaire

            Parking Charge Notice received through the post [ANPR camera capture]

1. Date of the infringement: Date of Event: 26/05/2023

 

2. Date on the NTK  Date Issued 07/07/2023 [received after 43 day from the event]. In attached pdf “PE ANPR PCN - appeal refused - with 2 hours not return (6 pages)” shared previously on pages 2 and 3

 

3. Date PCN letter received: 08/07/2023

 

4. Does the NTK mention schedule 4 of The Protections of Freedoms Act 2012? [Y/N?]: N, only on page of the letter they referring to Parkingeye website privacy-policy for more-information

5. Is there any photographic evidence of the event?: Yes

 

6. Have you appealed? [Y/N?] post up your appeal: Yes, via online, but unsuccessfully, wording for my appeal below I searched on some public forums:

<<Under the law PoFA 2012 Section 4 (9) (5) the Parking Charge Notice (PCN) should be sent out within 14 days. The PCN Ref. Number _ _ _ _ _ /_ _ _ _ _ was issued after 43 days of event. Could you kindly arrange to have this penalty ticket cancelled especially as the PCN does not comply with PoFA.>>

Note: I have only confirmed to them that I am registered vehicle keeper.

Have you had a response? [Y/N?] post it up: Yes, my appeal rejected, please see in attached pdf shared previously on page 1

7. Who is the parking company? Parkingeye

8. Where exactly [car park name and town] Leisure West Complex, Feltham, TW13 7EQ

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

If you have received any other correspondence, please mention it here: on 06/07/2023 I received invalid PCN from Parkingyey with missing dates & times, please see pdf attached with this questionnaire. In few days time they issued the final PCN as per Question 2. above


invalid PCN from Parkingyey I received first on 06-07-2023 .pdf

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  • dx100uk changed the title to PE ANPR PCN - appeal refused - returned within 2hrs - Leisure West Complex, Feltham, TW13 7EQ
6 hours ago, Maryana said:

Note: I have only confirmed to them that I am registered vehicle keeper

Yes!

Then you're in the clear.

PE can only sue the driver, they don't know who this, and the 14-day rule means they can't use POFA to go after the keeper.  Epic fail from the fleecers.

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We could do with some help from you.

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Excellent They are on a sticky wicket, however they might still be silly with a driver is keeper argument, however CPS v AJH Films and Elliott V Loakethje cases they might try in the absence of POFA to claim Keeper is Driver were discredited years ago

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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SIT ON YOUR HANDS,

DO NOT DO ANYTHING ELSE.

IF/WHEN YOU EVER GET A LETTER OF CLAIM WITH A REPLY PACK WANTING THINGS LIKE I&E 

(oops caps) comeback here.

 

  • 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... 

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Share on other sites

Hi everyone. Thank you for your help. Just a bit worried, maybe better, for now ,send appeal to POPLA.or maybe to pay £40 now, before it will be £80. And if I won I will lost only £25. But if I lose-I will lose £40 not £80.???

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I think you are completely mistaking the legal position.  What would be the grounds of your appeal to POPLA?

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

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