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    • Hi DX,   didnt realise defaults cannot hurt renting... I just assumed it did also in fairness. 
    • Which Court have you received the claim from ? Civil national business centre, Northampton       If possible please scan redact and upload a full page copy of page 1 of the claim form. (not the response page or AOS)     Name of the Claimant ? PRA group uk portfolios 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. 14 june 2024   ^^^^^ NOTE : WHEN CALCULATING THE TIMELINE - PLEASE REMEMBER THAT THE DATE ON THE CLAIMFORM IS ONE IN THE COUNT [example: Issue date 01.03.2014 + 19 days (5 days for service + 14 days to acknowledge) = 19.03.2014 + 14 days to submit defence = 02.04.2014] = 33 days in total   Date of issue XX + 19 days ( 5 day for service + 14 days to acknowledge) = XX + 14 days to submit defence = XX (33 days in total)  if your defence filing date falls on a W/End, you must file by friday @4PM     Particulars of Claim   What is the claim for – the reason they have issued the claim? Please type out their particulars of claim in full (verbatim) less any identifiable data and round the amounts up/down. state how many digits the account number has.. The claimant claims the sum of £6823 for an outstanding debt owed. On 29/8/2013 the defendant entered into an agreement with Barclays Bank UK for a credt card under ref *********. On 22/3/21 the defendant defaulted the agreement with an outstanding balance of £7074. On 26/7.22 the debt of £6937 was assigned to PRA Group lts who itself assigned the debt to PRA group UK portfolios ltd on 30/12/23. Notices of assignement were sent to the defendant in accordance with S136 Law and Propert act 1925. The claimant has instructed PRA group UK ltd to act on its behalf in the recovery of the outstanding debt and to pursue litigation on its behalf. Payments of £103 were recieved up to 5/12/23 and adjustments have been applied in the sum of £10, and the claimant claims 1. The sum of £6823.88   What is the total value of the claim? £7378.88   Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ? yes   Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? no   Did you inform the claimant of your change of address? n/a 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 ? after   Do you recall how you entered into the agreement...On line /In branch/By post ? don't recall, likely online   Is the debt showing on your credit reference files (Experian/Equifax /Etc...) ?yes   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. assigned to purchaser   Were you aware the account had been assigned – did you receive a Notice of Assignment? yes   Did you receive a Default Notice from the original creditor? don't recall   Have you been receiving statutory notices headed “Notice of Sums in Arrears”  or " Notice of Arrears "– at least once a year ? yes   Why did you cease payments? account was marked unenforcable by PRA due to lack of cca   What was the date of your last payment? december 23   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? yes  
    • Also, what was the cost of the job which you carried out and what was the likely value of the repairs required by the snagging list
    • Thanks for your reply. After you didn't respond to the the paploc, what was their next step? Did they resend the paploc? I feel it's like others have suggested, it's a 'fish' to get someone to respond. Ref the email, I don't think I've ever had one, even when J and P took over with the first round of comms, then I received two within in a few days (both with same info) and a few days later, the J and P paploc. Any guesses what they're thinking changing between J and P to IDR and vice versa?
    • Please explain what you mean when you say that he hadn't followed pre-action protocols. How much of the original spec that you worked to do you have in writing.  Do you have photos? What other written evidence do you have?    
  • 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

One Parking Solutions Windscreen PCN - private flat bays, share of freehold . - Durrington, West Sussex.


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On 17/03/2024 at 13:27, iamgnome said:

what's an ATA Code of Conduct

Accredited Trade Association Code of Conduct... The ahem, "rules" they have to follow.

In this case, it's the BPA.

https://www.britishparking.co.uk/code-of-practice-and-compliance-monitoring

 

We could do with some help from you.

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Dave - you're not thick, that's exactly the dilemma here. Hence I want to see how far we can go with this. If the tickets are completely unenforceable, then we can just ignore them. But that's when I would imagine the 'freeholder' would start bringing in the breach of lease threat...

lolerz - the garages are quite small indeed. My garage is also used as storage. Yes, I can see the argument that I should find somewhere else for storage, but if there is parking, then why should I?

Nicky - that's helpful. So, if OPS have requested planning permission, then how does that go against the ATA code of conduct?

 

 

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I don't understand how the freeholder (which, in part is YOU) can argue it's a breach of lease not to pay a PPC invoice.

It's not a Service Charge or rent item, it's a contract between you and the parking company (As PPCs like to parrot on about all the time.)

We could do with some help from you.

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Sure, but the part of the lease I mentioned does suggest that one shouldn't park in the common area, without written permission.


Or do you think the fact that there is a PPC here with this 1 hour rule, is evidence of permission?

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On 17/03/2024 at 15:39, iamgnome said:

Thanks FTMDave the bays are not marked as such, but they're referred to in seperate 'management rules' which could easily be construed as written approval to use them.

Any chance of seeing these management rules?

We could do with some help from you.

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12 hours ago, iamgnome said:

Nicky - that's helpful. So, if OPS have requested planning permission, then how does that go against the ATA code of conduct?

They won't have planning permission...😉

And, they're almost guaranteed to have contravened other aspects of the COP, which they MUST adhere to, as a pre-condition allowing them to apply to DVLA for your details.

We could do with some help from you.

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Rules below. Key bit highlighted:

1.    Pets permitted at the discretion of the Management and can be rescinded at any time. All dogs to be on leads within the confines of the development and any fouling cleared. Failure to adhere to this directive will result in the permission to keep dogs being withdrawn & non-compliance will constitute a breach of Lease Terms.
2.    Leaseholders are liable for any damage caused to adjacent properties by themselves or Tenants up to £500.00, eg. Escape of water. This reduces the amount of small claims on our Insurance Policy & any subsequent increases in premium due to claims.
3.    Parking restrictions apply & permits available from Managing Agent. Permits allow 1 hour parking in the Parking Bays with no return within one hour. There is a deposit of £10.00 refunded on return of permit.
4.    An administration charge of £20.00 will be levied on each occasion any
Reminders/Statements are sent to Leaseholders, by letter or email, with regard to Maintenance/Service charges and Ground Rent arrears.
5.    Dumping of household items, other than normal household waste, within the confines of the Estate is forbidden.
6.    Smoking is prohibited by law within the communal areas. Please dispose of cigarette butts in a responsible manner.
7.    It is the Leaseholder’s responsibility to ensure that their Letting Agents/Tenants are aware of these rules if the Leaseholder isn’t resident.
8.    Garages can only be transferred to existing Flat Leaseholders.

On the DVLA point - how do I prove they've contravened??

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14 hours ago, iamgnome said:

On the DVLA point - how do I prove they've contravened??

No, my main point is that PPC's are obliged to follow their ATA COP's, which allow them to operate.

If they don't it's all grist for the mill if / when it comes to Witness Statement time. You point out to the Judge what total charlatan's these companies are. Expecting motorists to follow their silly made up rules, whilst totally ignporing their own binding Codes of Practice.

We could do with some help from you.

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So, the management rules, as you say, clearly indicate that there are "parking spaces" as such. Interesting...

We could do with some help from you.

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First part of it is nice and vague.

"Parking restrictions apply."

That's nice, what are they?

We could do with some help from you.

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20 hours ago, iamgnome said:

3.    Parking restrictions apply & permits available from Managing Agent. Permits allow 1 hour parking in the Parking Bays with no return within one hour. There is a deposit of £10.00 refunded on return of permit.

Looks to me like this may be aimed at visitors? 1 hour can't possibly apply to residents... Surely.

We could do with some help from you.

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There's something else missing that might help us.

Pictures of the signage.

Seeing as you live there gnome, you should be able to get some quality readable pics?

There should be at least one entrance sign and numerous others around the parking spaces.

We could do with some help from you.

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Lolerz appears to be saying that the leaseholders, as part of the freeholders agreed to the invasion of  OPS. Did you all or was it a management decision from the higher ups without any of your assent. Is that right? If so it seems unfair and unlawful. 

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Posted (edited)

Pretty sure the 'rules' are directed to everyone inc. residents, not just visitors. Have also attached pics of signage.

lookinforinfo - not sure, I wasn't around when the decision was made. Seeing as how the Directors operate opaquely, I presume it was done with minimal consultation. I could request records of when/how the decision was made. Knowing them, they'd be stupid enough not to keep any, which could help show that it is unlawful?

signage.pdf

Edited by iamgnome
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@lookinforinfo Bang on pretty much, a Managing Agent only ever acts upon the interest of its client. For something as significant as parking control, they would have needed permission from the freeholder (which, in this case, is the permission of the majority of leaseholders) before instructing OPC. However, where elected representatives are involved (directors) it would have likely only taken their agreement to make the change.

@iamgnome, do you have any idea what it means by "pre-authorised vehicles"? Also interesting that it mentions that it's specifically within the "assigned parking areas" which goes along with your lease.

 

We could do with some help from you.

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Pre-authorised vehicles would be anyone who has the blessing of the MA to park there without harassment e.g. contractors working on the site. I've been told that despite this, they still get tickets, which is hilarious in its own right.

Assigned parking areas seems to help the 'written permission' bit of the lease. Would that give the lease primacy over their imaginary contract with me?

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So, what is the process to get "pre authorised"? It doesn't explain that on the signage, which is very unhelpful. 

Sorry, just read it again... it says you are authorised only if you follow the terms and conditions... Eh?

We could do with some help from you.

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I just don't get what the Directors want to do here.

Surely they must know the bays are used by residents and what will happen if they bring in this one hour maximum nonsense.

We could do with some help from you.

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Only reason I can think of @FTMDave is that the development is near some form of public attraction like a retail park or high street and they've had issues with parking before.

 

That STILL wouldn't explain the 1 hour time limit...

We could do with some help from you.

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  • 4 weeks later...

Post the NTK up here for the regulars to double-check. I highly doubt it's compliant with POFA though.

Ignore the deforestation that comes unless it's ever a letter of claim.

Any luck with the organ grinder?

We could do with some help from you.

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