Jump to content


  • Tweets

  • Posts

    • Just as the title says, if ever there was a good reason to ditch Micro$oft and move to Linux then this is it :-   Giving Windows total recall is a privacy minefield • The Register WWW.THEREGISTER.COM It's only a preview, and maybe it should stay there ... forever Help is available, most modern PC's can run a version of Linux suitable for your needs and it is not difficult to use or learn. Ubuntu is popular, new version is very modern Garuda Linux is the one I use, based on Arch, rolling release, bang up to date. I have friends and acquaintances, old and young, PC Literate and not. Most people who try it never go back to Windows Hamster
    • I've had to hide two of your posts.  Anyone clicking on your links gets sent to external sites.  On top of that your real name is showing on one screenshot.  Fellow Site Team member dx100uk has already politely asked - Anyway, jk2054 wants to see the communication you got from your local court which will have told you about the hearing date of 17 June, and will have mentioned a deadline for filing your Witness Statement.
    • I believe it is helpful to seek guidance from a range of places and decide on the validity of the sources and frequency of responses which are most helpful. A single voice can be a dangerous thing. As, of course, can groupthink. Scott, it feels like £4k on a solicitor for a £1.5k bill is overkill. Were we back in time I'd suggest small claims court as your claim sounds like it may be straightforward? By all means add that phrase on. I also suggest you contact the court and go and sit in on a couple of similar cases to get a better understanding before you shell out.
    • a card should be 16 digits...urm... note your dates above please. do not miss them no matter what happens  ......................... pop up on the bulk court website detailed on the claimform. [if it is not working return after the w/end or the next day if week time] . When you select ‘Register’, you will be taken to a screen titled ‘Sign in using Government Gateway’. Choose ‘Create sign in details’ to register for the first time. You will be asked to provide your name, email address, set a password and a memorable recovery word. You will be emailed your Government Gateway 12-digit User ID. You should make a note of your memorable word, or password as these are not included in the email.  then log in to the bulk court Website .  select respond to a claim and select the start AOS box. .  then using the details required from the claimform . defend all leave jurisdiction unticked  you DO NOT file a defence at this time [BUT you MUST file a defence regardless by day 33 ] click thru to the end confirm and exit the website .. get a CCA Request running to the claimant . https://www.consumeractiongroup.co.uk/topic/332502-cca-request-consumer-credit-act-1974-updated-january-2015/ .. Leave the £1 PO unsigned and uncrossed . get a CPR  31:14  request running to the solicitors [if one is not listed send to the claimant] ... https://www.consumeractiongroup.co.uk/topic/332546-legal-cpr-3114-request-request-for-information-when-a-claim-has-been-issued/ . .use our other CPR letter if the claim is for an OD or Telecom Debt or Util debt]  https://www.consumeractiongroup.co.uk/topic/332546-legal-cpr-3114-request-request-for-information-when-a-claim-has-been-issued/ on BOTH type your name ONLY Do Not sign anything .do not ever use or give an email . you DO NOT await the return of ANY paperwork  you MUST file a defence regardless by day 33 from the date on the claimform [1 in the count] ..............  
    • Which Court have you received the claim from ? Northamton, civil national business centre Name of the Claimant ? PRA Group Uk Portfolios ltd. How many defendant's  joint or self ? self Date of issue –  21 May 24 date of AOS - 07-06-2024 date for filing defence by - 21-06-2024 Particulars of Claim 1. The claimant claims the sum of £5600 for an outstanding debt owed. 2. On Mar 2000 the Defendant entered into an agreement with Barclays Bank Uk PLC for a credit card under reference ( 11 digit ref ). 3. on Mar 21 the defendant defaulted on the agreement  with an outstanding balance of £5600. 4. On Aug 21 the debt £5600 was assigned to PRA Group (UK) Limited, who itself assigned the debt to PRA Group UK Portfolios Ltd on Dec 23. 5. Notices of assignment were sent to the defendant in accordance with S136 Law of Property act 1925. 6. The claimant has instructed PRA Group (UK) Limited to act on its behalf in the recovery of the outstanding debt and to pursue litigation on its behalf. AND THE CLAIMANT CLAIMS 1. The sum of £5600 What is the total value of the claim? £6100  Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ? No - just emails threatening action   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 - in 2000   Do you recall how you entered into the agreement...On line /In branch/By post ? I don't recall - I suspect post / online   Is the debt showing on your credit reference files (Experian/Equifax /Etc...) ? am awaiting access - but I suspect it is    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 - debt purchaser has issued the claim   Were you aware the account had been assigned – did you receive a Notice of Assignment? Pretty certain - Yes   Did you receive a Default Notice from the original creditor? pretty certain - Yes   Have you been receiving statutory notices headed “Notice of Sums in Arrears”  or " Notice of Arrears "– at least once a year ? there's been gaps - they went very quiet  Why did you cease payments? Covid lockdowns  What was the date of your last payment? i thought it was 2020 - they say 2021 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? no
  • 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

Alliance ANPR NTK - overstay - Padstow Harbour Car Park


Recommended Posts

Hi all

In line with my recent (bad) luck, I have received a Notice to Keeper - Parking Charge Notice for parking my car in the Padstow Harbour Car Park in Padstow. The car park seems to be controlled by Alliance Parking who are quite infamous on this and other forums!

I went with my parents and young kids (seven people in all) and had paid for the 4 hours parking (ticket attached). I was at the car before the parking expired but by the time we put all our luggage and ourselves in the car + used the toilets we were a few mins over. I assumed that it being a Pay & Display car park, someone will have to check a ticket being displayed and being with the car for the extra minutes was okay.

We were a group of three cars, and the other two are also in the same position and have received a NTK.

Strangely the letter we received (attached) seems to suggest that we didn't pay at all rather than we over-stayed. Also, the Entry time on the machine ticket seems to be different to the Entry time on the letter/ANPR image.

We visited the car park on 31/03/2024, but the PCN was received on Sat, 13/04/2024 (on the 14th day), so I am also unsure about whether the letter was received in time.

1 Date of the infringement 31 March 2024

2 Date on the NTK [this must have been received within 14 days from the 'offence' date] 04 April 2024   

3 Date received 13 April 2024

4 Does the NTK mention schedule 4 of The Protections of Freedoms Act 2012? [Y/N?] Dont think so.

5 Is there any photographic evidence of the event? Yes

6 Have you appealed? [Y/N?] post up your appeal] No (checked this site first)

7 Who is the parking company? Alliance Parking

8 Where exactly [carpark name and town] Padstow Harbour Car Park, Padstow, Cornwall

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

If you have received any other correspondence, please mention it here None

Any help would be really appreciated. 

 

Alliance Parking.pdf

Link to post
Share on other sites

Welcome to the Forum.

The PCN must be subject to Bye laws as the warning near the bottom of the PCN does not comply with the protection of Freedoms Act 2012 Schedule 4 Under Section 9 [2][f[] of the Act it should say:

(f)warn the keeper that if, after the period of 28 days beginning with the day after that on which the notice is given—

(i)the amount of the unpaid parking charges specified under paragraph (d) has not been paid in full, and

(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;

Their version states they are pursuing you as the driver [because of the Bye laws they cannot transfer the liability from the driver to the keeper] even though you are the keeper. Should it go to Court Judges do not accept that the driver and the keeper are the same person.

Obviously on many occasions another member of the family may be driving instead of the keeper. Indeed anyone with a valid motor insurance policy is able to drive your car.

if any of the three cars were not driven by the keeper they are not liable to pay the PCN only the driver is.  as long as they do not divulge who was driving those lovely people at Alliance haven't a hope of winning against them in Court. What a shame.

However while those keepers who were not driving are in the clear all is not lost for the other keeper drivers. Alliance still have to prove who was driving which is difficult providing those keepers do not appeal. 

It is quite often that on appeal the keeper may say "I entered the car park at....."  immediately giving away that they were the driver. Plus even if you appeal it won't be accepted as a] they lose £100 straight away and b] mostly all the major car parking companies are dishonest scrotes.

In the meantime you will be on the receiving end of threatening letters from Alliance, unregulated debt collectors and fifth, sixth or even lower rated solicitors all trying to frighten the life out of you to cough up.

They can all be safely ignored since if you don't contact any of them they don't know who was driving so have no information that the can use in Court to identify the driver.

Some time in the future they may send you a Letter of Claim which must not be ignored.

Just let us know and we will advise a suitable snotty letter to send them which will show that you are not afraid of them and are happy to turn up in court knowing that you will win.

Sorry it was a bit long winded.

 

  • Like 1
Link to post
Share on other sites

  • dx100uk changed the title to Alliance ANPR NTK - overstay - Padstow Harbour Car Park

Very briefly as I'm at work.

Yours is the ninth Alliance Parking case we have.  Despite all their bluster, in none of the other eight have the parking company had the guts to do court.

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

Thanks a lot for the replies so far and all the explanations

Although it is good to know that they wont win in court.... I feel unsure whether I am ready to deal with all the letters that may come through (with everything else going on) .... Or risking anything on the credit history / CCJ (?).

Need to make the decision :|

Link to post
Share on other sites

You can only get a CCJ if they take you to court, you lose the court case, and then you defy the court and don't pay.

CCJs are used to punish people who defy court orders.

As Alliance don't do court you can't get a 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

Posted (edited)
22 hours ago, redcandle2 said:

someone will have to check a ticket being displayed and being with the car for the extra minutes

No, they have clobbered you with ANPR cameras at the entrance.

22 hours ago, redcandle2 said:

Also, the Entry time on the machine ticket seems to be different to the Entry time on the letter/ANPR image.

That's because the time you entered the car park is earlier than the time you purchased a ticket.

However.

I note you paid till 17:40.  You left the car park at 18:01.  That's a 21-minute overstay.  Yet Alliance reckon you overstayed for 35 minutes!  So it seems that even if you had left on time they would still have sent you an invoice!

It's up to you what you do,.  I've looked through the other eight cases.  Alliance's MO is always the same.  Design the car park badly (such as hiding signs in undergrowth) to catch motorists out.  Next destroy half the Amazon with threats about how they're going to divert a drone from Ukraine to land on your house.  Send a formal Letter of Claim threatening court action.  But when that is robustly replied to, crawl back under their stone.  So far they have never done court on CAG. 

If you want to continue to fight them we will support your all the way.

Edited by FTMDave
Typos

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

1 hour ago, redcandle2 said:

Need to make the decision :|

no you don't 

the key to all this is to keep reading up as you have been.

you'll soon understand why you don't pay nor think you might wet yourself thinking about going to court or 'getting' a CCJ

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... 

Link to post
Share on other sites

Looking at other threads, we have people who received an invoice even though they hadn't overstayed the time shown on the ticket they'd purchased.

That's because Alliance want payment to cover the whole period from the ANPR camera showing the car entering the car park to showing the car leaving.

So what is printed on your ticket - "expiry time 17:40" - is a lie intended to mislead you.  The four-hour payment really expired at 17:26.  If you'd left, say, at 17:30, you would still have received their invoice!

However, that doesn't really help in your case as you overstayed both their made-up scam time of 17:26 and the real time of 17:40, and by quite a lot.

However, remember that Alliance are a small company and so far have never done court.  That could change, there are no guarantees, but up till now that have never had the bottle to do court.

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

Thanks all for all your input. I have decided to follow this all the way.

So far, I have not replied to Alliance Parking's original NTK letter. The time-period for the reduced amount has now finished, and the time to appeal (21 days from the date of letter) will finish on 25th Apr.

No further comms received from Alliance Parking.

Could you please guide me, for my readiness, on what happens next?

  • Am I going to start receiving letters from Alliance Parking > Debt Collector letters > Letter of Claim?
  • Who sends me the Letter of Claim - Alliance Parking / Debt Collectors / Solicitors / court? How many weeks / months from now is this likely to be?
  • Once Alliance Parking passes the debt off to the Debt Collectors, is there a risk of anyone turning up at the door?
  • Do I need to reply to any other letters from either the parking company, debt collectors, or solicitors?

Many thanks in advance.

Link to post
Share on other sites

all of which you could already have answered yourself if you'd been reading up.

a DCa is NOT A BAILIFF.

yours is not the next move.

On 15/04/2024 at 00:57, lookinforinfo said:

Some time in the future they may send you a Letter of Claim which must not be ignored.

 

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

Thanks a lot. 

I did read every single post and though the process was fairly clear at a high level, I just wanted to be sure in the areas a posted. Call it first time nerves, going down this route. 

Thanks again.

Link to post
Share on other sites

I've been on this site for eight years and I haven't seen one PPC case where a DCA turned up at the motorist's door.

Even if they did they couldn't do anything, but in any case it's never happened.

If you read this short thread you will see all the stages of the legal procedure all the way to winning in court, which is highly unlikely to be necessary in your case  https://www.consumeractiongroup.co.uk/topic/406892-highview-parking-anpr-pcn-claimform-urban-exchange-manchester-claim-dismissed/#comments

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

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...