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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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Bank ANPR PCN - appealed - Wrong Reg - Fountain street car park, Hull


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1 Date of the infringement 12/10/2023

2 Date on the NTK 12/10/2023

3 Date received 23/10/2023

4 Does the NTK mention schedule 4 of The Protections of Freedoms Act 2012? [Y/N?] Y sort of, mentions it but not specifically section 4 

5 Is there any photographic evidence of the event? Yes

6 Have you appealed? [Y/N?] post up your appeal] Yes

Have you had a response? [Y/N?]  No

7 Who is the parking company? Bank parking limited

8. Where exactly [carpark name and town] Fountain street car park, Hull

 

 

Hello everyone,

as the title says I thought I had updated the reg on my autopay account to my new vehicle, but hadn't.

I received a parking notice home (as I am a student), and only just opened it, well outside 14 days 

I am now liable for £100 rather than £60.

I already sent of an appeal email in my panic,

I know it was hasty and now I regret doing so.

NTK.pdf appeal.pdf

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PDF's now redacted properly.

I live nearby Hull, isn't this car park a "charity" one for the air ambulance?

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Only asking, because your "appeal" is highly likely to be rejected.

When that happens, it may be more productive to contact Yorkshire Air Ambulance, to see if they can intervene.

After all you are supporting them with a regular pre / auto payment...

We could do with some help from you.

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Just contacted Yorkshire air ambulance on the phone, they have absolutely no idea what I was talking about!

If it even still is a charity car park (which I'm beginning to question), may just be a case of donating some or all proceedings as opposed to being directly linked.

I was 99% certain my appeal would be rejected, these companies are pure evil and reading through a few threads of other companies, seems as though they are all cut from the same cloth.

Any advice on next steps?

Thanks again for the prompt reply.

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Glad you've been reading up and found out what you're up against.

Our usual advice is to ignore everything they send, until / unless you get a letter of claim, then come back here, to discuss a "snotty letter".

However, the caveat is that they will probably chase you for months with "scary letters", adding more and more ficticious amounts of money, before they do court (if they have the gonads).

Many PPC's give up after a while, some more give up at the snotty letter stage, some still issue a claim, then give up at the witness statement stage.

85% of the victims actually taken to court, win with CAG's help. The 15% is made up of users who don't engage with us and make mistakes and, of course, "judge lottery"... Judge is either in a bad mood or misinterprets the law.

If you really feel that you can't cope with all that, there is always the option to pay the invoice and it will just go away.

We hope you're a fighter though, and will advise you every step of the way if you decide to fight it.

Your choice pcn...

We could do with some help from you.

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Screw them, im happy to fight.

The only issue I have though is:

1) how likely am I to actually win? It was a pure error on my part, I have dozens of completed payments with my old car and the one time I forget I get slapped with this. 

2)Knowing my luck I will probably be in the 15%, so how expensive can it get? right now its £100, are we talking 200? 300? 1000?? What have you guys seen and experienced?

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Just had another thought...

Try contacting HRI Estates Dept about it.

I don't rememmber what was there before, but it's likely that HRI have bought that land for future expansion.

We could do with some help from you.

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Ah, well then i will leave it up to you. Do you in your honest opinion think I am likely to win if I stick with it?

I'll see if I can contact estates not sure of a number though I cant seem to find one.

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PM sent...

On 17/11/2023 at 11:39, pcn246 said:

Do you in your honest opinion think I am likely to win if I stick with it?

85% IF, IF, IF it ever gets there... (Better if you engage with the thread properly).

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85% is decent odds, ill take it!

I did call up bank park and they did say it's currently on hold, and it will be reviewed within 28 days. Maybe someone will be in a good mood who knows!

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pcn,

28 days, Ha! Just trying to make you sweat...

There's nothing really lost by playing along for a little while. These "companies" have to jump through so many hoops, they make plenty of mistakes.

For instance, you have now "outed" yourself as the driver, so they should no longer be contacting Dad... Wait and see what happens on that one for a start.

We could do with some help from you.

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Yeah I realised how stupid that was once I starting reading the threads,

think I read one about one company quoting a  judge Ackroyd court case that said the registered keeper was the driver but the context was completely different they just looked stupid!

Don't think there was a documented resolution but still, lesson learnt to just keep quiet

They can wait, it's still my money that haven't got their talons into it yet

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  • dx100uk changed the title to Bank ANPR PCN - appealed - Wrong Reg - Fountain street car park, Hull
2 hours ago, pcn246 said:

I received a parking notice home (as I am a student), and only just opened it, well outside 14 days 

the NTK is within time.

matters not.

see if they want to play, dont contact them further until/unless you ever get a letter of claim.

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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Thanks,

just doing some further reading,

I'm seriously worried I've shot myself in the foot by outing myself and possibly hampered my case significantly.

Any guidance on this?

Have I messed up as badly as I think I have?

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No, not really.

We're talking about protection under POFA 2012.

The PPC can transfer liability from the driver, who's details they don't (normally 😆) have, to the Keeper who's details they do have. Normally they mess that up, 'cos they need to jump through all sorts of hoops. You've just lost that layer of protection. There's plenty more to go at.

Don't sweat it, there'll be plenty of other things they'll get wrong, or they've already got wrong. Signage, following, their own code of practice, etc.

Like I said, there's nothing lost just waiting it out for now and see how things pan out.

Just don't make any moves without letting us know what's going on.

In case you haven't twigged from all your reading, the PPC's actually use "contractual" legal arguments to catch you out.

You form a contract with them by driving past and reading their signage. Sooo, their signage has to be damned perfect for a start.

Another thought... why is the vehicle registered in Dad's name?

I do hope you're not cheating on the "named driver" insurance angle...

We could do with some help from you.

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I definitely didn't read their signage lol, just became habit for me to pull and park and expect 3 quid billed couple days later. Only reason I noticed was because I thought "hang on, I haven't been billed".

I'll hopefully get a reply soon and get the ball truly rolling, I did try HRI estates and no luck with that avenue, thanks for the find regardless.

Nah im not stupid enough to cheat insurance, that's in my name only, my parents are not even named on it, (for some reason it was actually cheaper to leave them out at renewal).

My dad's the keeper because when I got my first car, the finance agreement was in his name as I was a lot younger with no income and no credit history.

My current car was gotten with a trade in of the last, but when we were transferring ownership and doing the trade in they just used his name as he was the previous owner of the trade in, I asked them to put it in my name but they didn't, and I didn't see the point in potentially devaluing my car by adding another driver on its history for the sake of it.

I think from the dealer perspective it was a lot less paperwork for them to just use my dad who was already present but I didn't really mind either way

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Well, I think I've found the landowner on Council planning portal. See upload, (section 8).

Not sure whether to use this right now, or wait to see if Bank produce a contract with the right name on it.

If they're getting a kickback from Bank, they probably wouldn't be interested in helping...

Wait for opinion from the others.

Landowner details.pdf

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This dates back to 2017.

However, contacting the landowner is often an easy & quick way to get these invoices cancelled.

Given an e-mail costs nothing, I would contact the lot in writing - Yorkshire Air Ambulance, HRI Estates Dept., this T C Harrison Group.  Be polite, explain what happened, request they get the invoice cancelled if they have the power to do so, and if they don't have the power would they kindly identify the landowner to you.

We could do with some help from you.

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If you want advice on your thread please PM me a link to your thread

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