Jump to content


  • Tweets

  • Posts

    • She's an only child and he as a brother and sister. He has no will and we have done a check on this to find out if he had left one and nothing has come up. He has savings of around 28k His sister and brother are well off so 28k is nothing to them and aren't interested in his money. This just leaves my wife/his daughter. Would this still need to go to probate there is no estate e.g house or business to sell and the amount left in his bank is just small? When his wife died they just closed her bank account and moved her money across to his account and we just assumed that once my wife has handed in the death certificate and shown evidence of who she is the same would apply to her? We don't know yet the council have only just written to us today with a guide of what to do next.  
    • Did your FiL leave a Will and if so who is the Executor? Strictly speaking banks could refuse to take instructions until Probate is granted but In practice I would expect the bank to take instructions to cancel the DD if the Executor presents the death certificate and a certified copy of the Will
    • Hi   Sorry I probably wasn't clear enough. He had lived in the flat until December 2022 with Dementia by this time it was unsafe for him to have capacity to live on his own and he had to move into a nursing home. We had left it too late to apply for power of attorney so approached a solicitor in March last year for Deputyship. We were still in the process of dealing with it by May 2024. He passed away a few weeks ago and the solicitor was contacted to halt the application and we will just pay the fees of what work he has done up until now. My wife was the named person on her dads bank account but we didn't have the ability to alter any direct debits hence the reasons for applying for Deputyship as we were having problems trying to stop some payments coming out of his account Eon being another difficult company. We kept his flat on from December 2022 - August 2023. it was at this point I contacted Sancutary housing to inform them he was no longer living in the flat, it had been cleared out and was ready for a new tenant and that he had Dementia and had moved into a nursing home December 2022 and explained the reasons why we kept it on. As the named person to speak on his behalf I asked them what proof they needed in order to give notice on the flat e.g proof of dementia and proof that he was living in a nursing home and anything else they wanted. The lady in the upstairs flat and some of the other residence in the street had asked about him and we had told them he had moved into a nursing home. The lady in the upstairs flat wanted his flat for medical reasons so asked us once we had given notice could be let her know and she'll ask them if she can have it. We explained the difficulties and it was left at that but I did tell her I would let her know once notice was given. I contacted the company by email a number of times and also telephone conversations and nobody followed it up and it wasn't till the end of February this year that the housing manager for the area wrote to our home address to ask about him that he had been to the flat a couple of times and nobody answered and he had asked some of the residence in the street and they hadn't seen him for sometime. There was an email address on the letter so I contacted him and copied in the last 2 emails I sent Sanctuary regarding me wanting to give notice on the flat for at least 9 months explaining that it went ignored as well as telephone calls. I also stated I wanted to have his rent payments returned from the date I wanted to give notice which was from August 2023 as the bank wouldn't let us stop the DD without POT or deputyship explaining we were in the process of Deputyship. He gave some excuse about not having POT to cancel on his behalf and spoke to someone in HR and said he would contact the nursing home to confirm he was there with Dementia and if it all checks out we can give notice on the flat which came to an end on the 22 March 2024. There was not mention of back payments for the rent already paid or the fact I had asked to give notice in August 2023. Despite someone living in the flat from 1st April they continue to take DD payments for the flat and have taken another 2 payments of £501. another concerning thing despite Eon not allowing us to cancel the DD to his account the lady upstairs informed Eon that she was moving into the flat February 2024 and Eon refunding the account to his bank and said in an email sorry you are leaving us and canceled his account. Something they wouldn't let us do but a stranger. She also changed her bank account to his address despite the fact notice hadn't been given on the flat yet. So we need to find out how much information Sanctuary actually had for her to tell her power company she was moving into the flat in February despite the housing manager only just getting in contact to find out where he was. So a complaint is going into Eon and Sanctuary and we are going to take advice and ask the bank to charge back the rent. My wife hasn't taken the death certificate to the bank yet to inform them of his passing.  
    • Yes, I believe the Starbucks was closed at the time the car was parked there 
    • hi lolerz many thanks for your reply and help. My 2 months has passed i was waiting until the court proceedings started. As i went through this process not that long ago, i shall look back at my old thread for how to respond. Ill get the docs scanned soon thanks.    
  • Recommended Topics

  • 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
  • Recommended Topics

UKPC/DCBl PCN claimform - Parking Incorrectly Within Bay Markings - Valley Retail Park, Valley Leisure Park, Hesterman WAY, Croydon, London, CRO 4YA.


style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 102 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

Hello,

I recently visited my previous home address and picked up a County Court Claim letter from the Northampton Civil National Business Centre, stating the following as the Particulars of Claim. The Issue Date was 21 Nov 2023.

1. The Defendant (D) is indebted to the Claimant (C) for a Parking Charge(s) issued to vehicle xxxxxxx at Valley Retail Park, Valley Leisure Park, Hesterman WAY, Croydon, London, CRO 4YA.

2. The PCN(s) were issued on 31/05/2023.

3. The defendant is pursued as the driver of the vehicle for breach of the terms on the signs (the contract). Reason: Not Parked Correctly Within The Markings Of The Bay Or Space.

4. In the alternative the defendant is pursued as the keeper pursuant to POFA 2012, Schedule 4.

AND THE CLAIMANT CLAIMS

1. £170 being the total of the PCN(s) and damages.

2. Interest at a rate of 8% per annum pursuant to s.69 of the County Courts Act 1984 from the date hereof at a daily rate of £.02 until judgment or sooner payment..

3. Costs and court fees.

The Claimant believes that the facts stated in this claim form are true and I am duly authorised by the claimant to sign this statement.

Signed [Claimant's Legal Representative]

 

Other Claimant details are as follows

Claimant: UK Parking Control Limited, Union House, 111 New Union Street, Coventry CV1 2NT

Legal Rep: DCB Legal Ltd, Direct House, Greenwood Drive, Runcorn, WA7 1UG

Would be grateful for any advice or help here with contesting this claim. 

By the way, I no longer even own the vehicle in question as I parted with it in August.

I have also since moved from the house at which it was registered.

I do intend to respond to the claim online (moneyclaim.gov.uk) within the next day or two to contest it.

Someone can correct me on this, but I believe I still have roughly another 3 days to respond? 

Link to post
Share on other sites

  • hitman126 changed the title to Received County Court Claim for Allegedly Parking Incorrectly Within Bay Markings

Tagging @dx100uk for instructions on AOS.

 

Could you also upload the claimform and fill in this sticky please. (From the sound of it, you probably can't)

If not, we'll have to rely on a cpr that dx will mention...

https://www.consumeractiongroup.co.uk/topic/391121-have-you-received-a-parking-ticket-please-fill-this-out/#comment-4683610

 

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/DCBl PCN claimform - Parking Incorrectly Within Bay Markings - Valley Retail Park, Valley Leisure Park, Hesterman WAY, Croydon, London, CRO 4YA.

you are far more experienced than us with this.

you have won several claims already.

get on with it!

you don't need nursemaiding......

just follow the same process in any of your multiple won claims already

dx

thread title updated

hope you've informed the dvla re any cars v5c and separately about your driving licence.

and dont forget to write too to any debt owners and tell then you've moved too from your credit file

don't want any backdoor ccj 's do you....

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

 

@dx100uk if I was arrogant enough to believe my own hype and assume I knew everything, then you're absolutely right, I would probably not even contemplate soliciting for any advice or help..............and that would be a very treacherous path to tread.

Remember, even the best lawyer out there never chooses to defend himself/herself in court, but will rather lean towards the expertise of another colleague.

Motoring and parking regulations are frequently changing, so I always prefer to be humble enough to err on the side of caution, rather than risk falling flat on my face.

Link to post
Share on other sites

get all the usual basics done, everything will be the same right through to disclosures. if it gets that far.

the only time you may need help is if it ever gets to the WS stage.

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

All, attached is the Claim Form received as promised.

By the way,

I went to collect my post from my previous address last night and "shock, horror", I'd been sent a new Claim (Issue Date: Dec 7th 2023) submitted by DCB Legal on behalf of Spring Parking, for some unspecified PCN(s) at "1 3 Upper Green East, Mitcham, CR4 2PE".

I must say this didn't come as much of a surprise to me, as I was expecting they'd stoop this low to seek revenge over their previous shambolic court claim.

I'll start another thread for this new claim.

claim_form_edited.pdf

  • Sad 1
Link to post
Share on other sites

Hitman, not been mentioned yet... Have you done AOS on this one?

(You've redacted part of the issue date on the claimform, so don't know if you're in time).

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

We too had been expecting Spring Parking to try again.  Yes, please start a new thread.

What is a little worrying is that you haven't informed the people you're in legal dispute with about your move.  Are you able to get post from the old home extremely regularly?  You know there are strict deadlines to defend court claims and if you miss one you'll end up with a backdoor CCJ

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

@FTMDave yes, I did actually update my details on MoneyClaim with the new address when submitting the AoS so let's see how that pans out.

Fortunately, I do still have the keys to my last address so able to access any mail sent there.

In the meantime, I'll upload all letters and 'threats' received regarding this particular Claim here later today.

Link to post
Share on other sites

@Nicky Boy yes the DVLA have been notified of my house move and by some coincidence, I actually received my replacement driving licence (with new address) through the post just this afternoon.

I finally got round to doing the required due diligence of scanning into jpeg file format, converting to pdf, merging and compressing all documents received in relation to the Claim and will now upload the lot

. If I've missed anything please don't hesitate to bring to my attention.

Otherwise, my sleeves are rolled up and I'm all set to resume battle again with those parasites, emboldened by all the usual wonderful support on here. 

Uploaded PCN documents

parked_incorrectly_within_bay_markings_2023-12-15.pdf

Link to post
Share on other sites

Well, where to start?

The date of the PCN is 31/05 and the date of the PCN is also 03/06.  Well which is it?

The photo doesn't seem to show the vehicle being parked badly.

Even if it was, that was at 14:41:29.  There is no indication of how long it was there, you could easily have moved it during the consideration period.

Did UKPC leave a windscreen ticket or claim to have left a windscreen ticket?

Also remember you have to inform the DVLA, separately from the driving licence, of the new address for any vehicle you own.

 

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

@FTMDave you're a genius !!

Good grief, I never even spotted that schoolboy error by UKPC.

 

@FTMDave by the way, in answer to your other question, no there was no ticket left on my windscreen and neither did they make any claim to have done so. I only got to know when I received the usual PCN "junk mail" through my letterbox.

Link to post
Share on other sites

dont forget vehicle v5c updating....

 

go get the additional images from ukpc website .

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

Hmmm, that's an interesting one @dx100uk

I traded in my old vehicle at a car dealership with a replacement which has me down as the registered keeper. As far as the old car is concerned though, I handed the V5C over to the dealership during the trade-in. Is there any further action required though from me, as I've assumed all along that the dealership had dealt with it?  

Link to post
Share on other sites

then forget the v5c question...twas just a reminder to make sure your cars are regid=stered at your new address as dvla does not do the cars with a driving licence update. they are sep entities .

go get those extra images

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

there is but its immaterial as the car in question was sold after the pcn was issued.

PPC's cannot and do not recheck with dvla before issuing court claims, though their sols should under the pre action protocol show due diligence in checking addresses before issuing a letter of claim or sending a request to raise a court claim to northants bulk

the whole idea of PAP being introduced was to stop the vast number of backdoor CCJ's. it didn't work....

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

Your PCN does not comply with PoFA.

Schedule 4 S9 [2][a] states The notice must—

(a)specify the vehicle, the relevant land on which it was parked and the period of parking to which the notice relates;

There is no period of parking mentioned. Yes it does say you were photographed at 14.41pm but nothing about how long the car was parked for. One minute? Five minutes? You could have left shortly after that and not been liable.

Perhaps there are other photos giving later times but the PCN does not mention a parking period so the PCN fails.  And even if the photos have times on them, they are not on the Notice as required by the Act.

And on Schedule 4 S9 [2] [f] they have missed off the words in parentheses on the PCN which should say "

(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;

A few months back we had a member that won his case on just [2][f] alone  [because he wasn't the driver ] and their PCN was missing the words in brackets.

So the liability for paying the claimed amount cannot be transferred from the driver to the keeper. And of course thousands of drivers could have driven your car that day.

 

Then if we move on to the Final Reminder this opens up a whole new can of worms. This is dated 14 days after the original PCN and says that as 14 days have expired without payment or any representations made they can pursue you the keeper. Oh no they can't. [I used to be in Panto]. The keeper or driver has 28 days to make payment or appeal before they can transfer the liability from the driver to the keeper.

They then say that if after a further 14 days have passed without any communication from you they will instruct debt collectors and if you still don't pay they will issue Court proceedings against you. that will be a pretty clever trick since they are pursuing as the keeper and their PCN is non compliant. 

 

Link to post
Share on other sites

Apologies all.

Been neck-deep with my house move activities and been a wee bit absent the last couple of days, hence the silence.

By the way, in terms of timelines and considering the Claim Issue Date of 21st Nov, I hope there's still a reasonable amount of time available to tackle this PCN head-on with:

1. Any immediate requests, responses, or submissions to the Claimant/DCB Legal.

2. Any immediate requests, responses, or submissions to the Court.

3. Preparation of any evidence-gathering or defence statement.

By the way, I also managed to obtain these merged additional images from the UKPC website.

 

 

UKPC Website images.pdf

Link to post
Share on other sites

defence is due friday by 4pm , which will be the std bland one in the court sticky

everything else is for later and the WS if they dont drop the claim in the meantime.🤣

dx

 

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

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...