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    • Which Court have you received the claim from?  CIVIL NATIONAL BUSINESS CENTRE, NORTHAMPTON Name of the Claimant?  LOWELL PORTFOLIO LTD How many defendant's joint or self?  SELF Date of issue – top right hand corner of the claim form – this in order to establish the time line you need to adhere to.  03 MAY 2024 Particulars of Claim What is the claim for – the reason they have issued the claim?  THE CLAIM IS FOR THE SUM OF £6000 DUE TO THE DEFENDANT UNDER AN AGREEMENT REGULATED BY THE CONSUMER ACT 1974 FOR A LLOYDS BANKING GROUP PLC ACCOUNT WITH AN ACCOUNT REFERENCE OF (ACCOUNT NO. 16 DIGITS LONG). THE DEFENDANT FAILED TO MAINTAIN CONTRACTUAL PAYMENTS REQUIRED BY THE AGREEMENT AND A DEFAULT NOTICE WAS SERVED UNDER S.87(1) OF THE CONSUMER ACT 1974 WHICH HAS NOT BEEN COMPLIED WITH. THE DEBT WAS LEGALLY ASSIGNED TO THE CLAIMANT ON (DATE) NOVEEMBER 2016 NOTICE OF WHICH HAS BEEN GIVEN TO THE DEFENDANT. THE CLAIM INCLUDES STATUORY INTEREST UNDER S.69 OF THE COUNTY COURTS ACT 1984 AT A RATE OF 8% PER ANNUM FOR THE DATE PF ASSIGNMENT TO THE DATE OF ISSUE OF THESE PROCEEDINGS IN THE SUMBE OF £0.00. THE CLAIMANT CLAIMS THE SUM OF £6000. What is the total value of the claim? £6500 Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ? YES, NOTICES OF CLAIM.  Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred?  YES  Did you inform the claimant of your change of address?  NO Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account?  CREDIT CARD When did you enter into the original agreement before or after April 2007?  BEFORE   Do you recall how you entered into the agreement...On line /In branch/By post?  I DONT RECALL   Is the debt showing on your credit reference files (Experian/Equifax /Etc...) ?  NO   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.   Were you aware the account had been assigned – did you receive a Notice of Assignment? THE FIRST I RECALL WAS A LETTER FROM LOWELL SAYING THEY NOW OWNED THE DEBT.  Did you receive a Default Notice from the original creditor?  NOT THAT I RECALL OR BEEN PROVIDED WITH THROUGH CCA REQUESTS.AT LAST REQUEST THEY SAID THEY WERE AWAITING THE DEFAULT NOTICE AND NO ACTION WOULD BE TAKEN UNTIL RESPONDED WHICH TO DATE I'VE NOT HAD OR SEEN.  Have you been receiving statutory notices headed “Notice of Sums in Arrears”  or " Notice of Arrears "– at least once a year ?  NO, I RECEIEVED LETTERS OF CLAIMS   Why did you cease payments?  I WAS UNDER MEDICAL CARE WHICH CAUSED ME NOT TO WORK. AROUND THAT TIME LOWELL HAD WANTED ME TO INCREASE MY PAYMENTS AS IT WOULD TAKE TOO LONG TO CLEAR THE DEBT. I HAD BEEN PAYING THEM WHAT I WAS PAYING THE BANK. I EXPLAINED MY THEN HEALTH & FINANCIAL POSITION AND THAT I WAS UNABLE TO DO SO. THEY PUT A HOLD ON MY ACCOUNT FOR A FEW MONTHS SO I CANCELLED MY DIRECT DEBIT. I MADE A FULL AND FINAL OFFER WHICH WAS REJECTED. WHEN THEY WANTED PAYMENTS TO RESUME I EXPLAINED I WAS IN A WORSE FINANCIAL POSITION, STILL UNDERTAKING TREATMENT AND NOW UNEMPLOYED SO COULD NOT START PAYMENTS AS THEY WANTED. AFTER SENDING MY FINANCIAL SPREADSHEET THEY KEPT SENDING LETTERS ASKING WHAT I WAS GOING TO DO. I COULDN’T SEE A WAY FORWARD I FELT STREESSED AND UNDER PRESSURE SO WROTE THAT I WOULD NOT BE CORRESPONDING WITH THEM ANYMORE.    What was the date of your last payment? NOVEMBER / DECEMBER 2018   Was there a dispute with the original creditor that remains unresolved? NO   Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? I COMMUNICATED MY FINANCIAL PROBLEMS WITH THE CREDIT CARD COMPANY, WE MADE A MONTHLY PAYMENT AGREEMENT WHICH WAS KEPT FOR SEVERAL YEARS UNTIL DEBT WAS SOLD.  
    • Perhaps you would care to read this and reflect on your continuing comparison of Israel to Nazi Germany Jugg    ALEX BRUMMER: How grotesque of pro-Palestine protesters to besmirch Auschwitz, the place where my grandparents died WWW.DAILYMAIL.CO.UK As the son of a refugee from the horrors of the Holocaust, I can feel nothing but contempt for the ignorance, gross... My elderly aunt Sussie and cousin Sheindy had been teenagers at Auschwitz and Belsen but survived and are alive to this day. What they will make of the protesters who waved flags, heckled and chanted as Israelis took part in the March Of The Living – the annual walk from Auschwitz to Birkenau – I cannot imagine. The images now circulating of the protesters are indescribably disturbing. They can only bring back memories of those final moments Sheindy shared with my grandparents when my grandmother Fanya squeezed her hand and told her to lie about her age to avoid the gas chambers. Claiming she was older, and could work, meant that Sheindy lived, not died. The outrage perpetrated by Hamas on October 7 has brought back the most terrifying memories for these two women – memories of pillage, mutilation and starvation. The Holocaust, or Shoah to use the Hebrew word, was the deliberate, industrial-scale killing of Jews.  It is bad enough that pro-Palestinian and pro-Hamas sympathisers have chosen to steal the language of the Holocaust.  Any comparison between Israel's retaliation and the monstrous genocide of the 1940s is odious and anti-Semitic
    • Thank you JK2054 and BankFodder for your replies. The information requested is as follows:   My wife and I are sole traders supplying bespoke, handmade wedding trays and other items through our website. We do not sell on ebay. We had an order for two trays (invoice value £370) that were shipped on Monday 25th March. We used P2G as the broker and Evri as the shipper. We declared the value but did not take out insurance. As the trays were a present for a wedding on Saturday 30th March we checked the progress of delivery on the Thursday to see that there had been an attempt to deliver on the 27th but the driver failed to deliver as the customer’s gate was shut (customer informs us that the gates are open between 7am-7pm. We contacted the customer who informed us she had been waiting in all week and there had been no attempt of a delivery. Evri allege they attempted to deliver on the 28th & 29th. On the P2G web site on the 4th April at 14.17 it stated that the customer refused delivery. At 14.28 it updated to say there was a problem with the address and at 14.32 updated to say the customer had refused delivery. At 14.35 updated again to say it was being returned. Last entry was on the 7th April that it was being processed at the depot. We never received it. I have had six web chats with P2G between the 4th-30th April. On the 26th April, I had an offer of £20 plus cost of delivery (£6.72) from P2G which I rejected. During this time, I also contacted Evri that resulted in an email from Evri Customer Services (20th April) stating that they had lost the parcel. I replied requesting details of the attempted delivery but received no reply. After emailing Evri again on the 23rd asking again for the information I received a phone call from someone called Haleemah on the 25th who apologised and promised to send an email with a link to submit a claim form. I subsequently received an email with the link which only took me to a page that stated “Page not found”. After informing Evri customer services of the problem (to which no reply was forthcoming) a couple of days later I retried the link but it only took me to the Evri website. I believe that I have a good case against both companies but would appreciate guidance on which path to go down. I have read most of the information on this site, which has been very helpful and much appreciated, particularly the various court transcripts. I appreciate that this process is a marathon and not a sprint and am fully aware that I need to get everything in the correct order before starting on the legal road. I am sure this covers the current position but if further info is needed please let me know.  
    • Everything at small claims revolves around informality and common sense, there are no "special" ways to have to do things. The site manager's WS will be like yours and the one I linked to - just much shorter.  There need to be the introductory hearings about the case, the parties, etc., and the concluding Statement of Truth. In the middle just a couple of paragraphs where they say who they are, how they know you, and about permission being given by the landowner to use the car park. Superb.  I've added another section about the signage to the suggested WS sections three posts above. Yes, it's perfectly possible.  It'd be a good idea to phone the court on the 18th to see if they have paid.
    • OK thank you very much. I will prepare my WS as you advise.  I will indeed be preparing the WS over the weekend. I will also post UKPC's on Wednesday by 2nd class mail. As they have until the 17th to pay the court fee, is it possible they might discontinue at that stage too? Also I wanted to ask, in what form should the site manager's statement come? And the site owner if i can contact them? I will get photos of the signage to share with you also. Thank you.
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CEL ANPR PCN - 16mins stay - 237-259 Greenwich High Road Shopping Centre


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Hi, 

I have received a PCN from the above at 237-259 Greenwich High Road Shopping Centre, for pulling over in a car park for apprx 16 minute for buying water and checking on a delivery at Argos Sainsburys.

This is my first time visiting the area unaware of the conditions for parking inside the shopping centre.

I will upload a copy of notice to keeper but before I do do you have any advice on appealing this?

Thank you

 

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  • dx100uk changed the title to CEL ANPR PCN - 16mins stay - 237-259 Greenwich High Road Shopping Centre

.............................

 

For PCN's received through the post [ANPR camera capture]

(must be received within 14 days from the Incident)

 

Please answer the following questions.

 

1 Date of the infringement 30/07/2023

 

2 Date on the NTK [this must have been received within 14 days from the 'offence' date] 04/08/2023
 

[scan up BOTH SIDES as ONE PDF- follow the upload guide] please LEAVE IN LOCATION AND ALL DATES/TIMES/£'s

 

3 Date received 08/08/2023
 

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
 

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

Have you had a response? [Y/N?] post it up Give answer here
 

7 Who is the parking company? Civil Enforcement Private Company

 

8. Where exactly [carpark name and town] Car Park at 237-259 Greenwich High Road, London, SE 10 8NB
 

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

BPA
 

There are two official bodies, the BPA and the IAS. If you are unsure,

please check HERE

 

If you have received any other correspondence, please mention it here

 Notice to Keeper Only.

Copy the windscreen or ANPR section to your thread and answer the questions...

……....

In either case scan up both sides of any letters/tickets in or appeals made out to ONE MULTIPAGE PDF ONLY

 

PCN.pdf

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Thank you for posting the info.

So can you work out what the charlatans reckon you did wrong?  Is it a pay car park and you didn't pay?

That seems to be the case from  https://en.parkopedia.co.uk/parking/carpark/greenwich_high_road/se10/london/?arriving=202308082200&leaving=202308090000

EDIT  From Google Maps reviews, and Google Maps images, it's clear that it is a pay car park - with pathetic signage.

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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It is indeed.

To be honest I didn't know it was a pay car park.

To the contrary I would have paid for my time that I sought to check on my delivery at Sainsburys.

I've always thought that customers can park for up to 2 hours free of charge at any Sainsbury's store.

Can I perhaps go back to the same Sainsburys store and ask them to cancel the ticket on the grounds that I was a customer on the day and that this was simply an oversight on my part?

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I doubt it, as the car park is shared by various stores.

Don't worry, the fleecers are highly unlikely to do court further down the line, but if they did the pathetic entrapping signage would scupper them in front of a judge.

 

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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thanks FTMDave. I find you inspiring. I really appriaciate the input. Do you think I' got a much better chance of killing this?

I do feel that I was charged for something that was not clear to me  but I have no way of proving it.

 

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worth a try to sainsburys if you have the receipt of shopping or paid by a debit card and have bank statement??

 

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 PCN does not comply with he Protection of Freedoms Act 2012. So the keeper is not liable to pay the charge only the driver can now be pursued. As you haven't appealed they do not know who was driving as anyone who has a valid motor insurance policy is able to drive your car.

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10 hours ago, zafor said:

thanks FTMDave. I find you inspiring. I really appriaciate the input. Do you think I' got a much better chance of killing this?

As dx100uk says, you might as well contact Sainsbury's  https://www.ceoemail.com/s.php?id=ceo-9117  but I wouldn't hold out much hope as it seems to be a little shopping centre rather than a Sainsbury's car park.  Also Google Maps and Parkopedia reviews are full of people saying they've been scammed, including several who paid and broke no rules yet received the demands for money in any case.  Still, it's only an e-mail so why not try?

You talk about "killing" this but there is a problem.  CEL are well known to us, they are one of the most crooked of the private parking companies.  From Google you can see that they have put just one sign at the entrance that they hope the motorist misses, and inside the car park no signage whatsoever, because the whole thing is a scam to catch motorists out.  It's obvious they won't accept any appeal and then the "independent" appeals level which was once half decent has got worse over the years and likely would find against you too.

So you either pay or are in it for the long haul.

We obviously hope you choose the latter and will be glad to help.  We generally say to ignore their bilge but when they formally threaten court to tell them you know their case is pants and taking you to court would leave a large hole in their wallet.  They then generally crawl back under their stone.  Although of course there are no guarantees.

We could do with some help from you.

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land registry time.

 

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 take it you went to the store today.  Did you get photos of the fleecers' rubbish signage?

I thought you were only going to e-mail the CEO.  If I'd known you were going to visit the site I would have suggested to take the photos.

We could do with some help from you.

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I am contemplating to just pay now and my best plan of action would be to pay the smaller fee rather than hundreds of pounds later on. I see that the notice states "payment was not made in accordance with notified terms", which I believe ia a common reason for it being issued.

I also notice that the letter doesn't specify a grace period if there is any???

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You evidently haven't been reading other threads. They are never going to give you any clues in their letters about grace periods, or anything else.

You certainly wouldn't be in a minority, if you just throw the towel in and contribute to the millionaire lifestyles of the owners of these "businesses".

It can take some staying power to go the whole hog.

Here at CAG, we've got an 85% success rate helping victims to win in court.

Your call.

 

.

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We could do with some help from you.

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These cases depend on contract law.

If there are a lot of clear signs, with conditions easily legible, and you don't respect the conditions, then you broke a contract and are bang to rights.

If there is just one sign which the fleecers hope you will miss, in breach of all the industry guidelines, as in this case, then no contract was ever formed, and you're in the right and owe £0.00. 

So you can pay £60.00 you don't owe and the matter will go away.

Or you can stick two fingers up to the charlatans, which will result in deforestation as they send you "scary" letters, make threats of court, and in rare cases even a start a court case - which you would win.

As NB says - your call.

Edited by FTMDave
Extra info added

We could do with some help from you.

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2 hours ago, zafor said:

I am contemplating to just pay now and my best plan of action would be to pay the smaller fee rather than hundreds of pounds later on.

The amount will only become "hundreds of pounds" - in reality about £260 - if the fleecers take you to court and convince an unbiased judge that one paltry sign was sufficient signage and that on top of that they have proved you were the driver or complied with POFA 2012 to transfer liability to the keeper. 

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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  • 1 month later...

And in some recent cases on this forum, they have waited 5 years plus, before they issued proceedings!

They hope you've moved without informing DVLA of your new address and get an easy back door CCJ.

Or, that you can't remember anything and blindly pay up in panic.

Among many others, these are the sort of tactics they use...

'Nuff said...

On 13/09/2023 at 11:09, zafor said:

Perhaphs buying time and ignoring them for now may pay off at the end.

Used to work years ago, unfortunately the advent of POFA 2012 has emboldened them.

 

 

.

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

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1 hour ago, Nicky Boy said:

They hope you've moved without informing DVLA of your new address and get an easy back door CCJ.

they do not and cannot re request to the DVLA.

you must write to the PPC if you move within 6yrs, same as yes you should separately write to the DVLA regarding updating the address for each Driving Licence and each Car V5C's.

likewise for any consumer debts on your credit file or which you last paid/used within 6yrs.

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 appreciate the pointers so far guys.

I can see now that it is Hardly worth appealing the charge as it most likely to be refused even if I was in time.

Does any one know if CE will now most likely pass the debt to a collection agency and if so shall I just wait their next move before hand?

Do these collection firms have any powers at all and will this end up in court eventually?

I prefer to plan ahead but it now seems I'll have to take life as it comes.
 

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you don't do ANYTHING now until/unless you ever get a letter of claim.

a DCA is NOT A BAILIFF

and have 

ZERO powers on ANY debt - no matter WHAT it's type.

only the PPC can ever do court. you IGNORE any DCA letters 

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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