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    • I havnt been able to access the claim form despite resetting passwords etc There are several emails back and to do you want all of them?? clients emails in italics I work long hours so sorry for the slow reply to queries on CAG     email 1-received 2 days after completion  on 18th May 2024 and after he paid in full  20th May 19.44pm I am sorry that I have to let you know how dissatisfied I am  with parts of the room that was completed by yourself. .  The door frames, where it’s all not fitting correctly with gaps and warped timber used. . Skirting boards on the curved parts where it’s been filled with a filla and not even been smoothed out. . The architrave isn’t joining correctly with one piece with a cutting taken out of it. . Sliding door, no stopper was used to stop it going all the way back and isn’t aligned to the floor. . The extractor going into the boiler where a round tubes been used to an oblong pipe. It’s also held on by gaffer tape. . The window hasn’t been packed correctly and one opening window isn’t aligned. . One piece of flooring isn’t sitting flush so will damage very quickly. . The toilet is far too close to the radiator and you can’t get up if sitting down. . The stop tap I cannot get my hand in to be able switch the tap off. . The window you are aware of that’s cracked and you are replacing. I have had to call in another builder to start work on the room next week as it’s made me very depressed.   My reply same day 2hours  later 21.32pm   I am sorry that you have felt the need to call in another builder to carry out the items that you are unhappy with,if you have lost confidence and are distressed then I accept your decision.   I would normally prefer to sort out any issues that I am made aware of before my customer feels the need to bring in somebody else to rectify problems.   If you wish  I can arrange for the replacement glass to be delivered  next week when the other person is there as I will be on holiday or I can fit it on my return and have a conversation with you on how to proceed.   Once more I apologise for any inconvenience and upset that you have felt in this situation   21st May 07.54 am I would prefer for you to fit the window and to fix the small window that isn’t fitting correctly. Also the extractor situation going into the boiler. It’s all the joinery work that will need fixing and moving the toilet.   I have brought in a joiner to fix the issues. Heather will be starting next week as I need it sorting ASAP. Perhaps you could work with him to reduce my costs. As it’s not going to be a cheap jo     21st may  08.45am Morning ........, I am at the hospital today for my ct and mri scan results  Next week I am on holiday so I wont be able to work alongside anybody then either. Do you have an estimate from Heather?  The toilet will be difficult to move to a new position hence me talking it through with you about where it was sited as the work progressed I dont feel this is an error on my part  I dont expect you to pay for rectification of my work and would prefer to do it myself but if the cost is in my opinion reasonable I will support it  The glass is due in sometime this week and if early enough I can come over to re fit it and to pass you back your key as I feel uncomfortable keeping hold of it  As soon as I know anything I will send you a message   22nd May 08.41   I want you to know that I have no bad feelings towards you and when you come to my house you will be made to feel welcome and it won’t be uncomfortable at all. The person isn’t Heather that was a predicted text word.  All want it to have the room finished and the snags completed.  Once again I have no bad feelings towards you. I hope that your visit to the hospital went well yesterday, and it was good news. Have a lovely holiday in Paris.   23rd May 09.08am   Morning ..... thank you for your kind words, I do get anxious about certain things and I haven't been on top form just lately.  The glass is due at the end of this week/ early next and I will arrange with you to come along to re-fit  and other items when I get back from Paris wc 3rd june  My hospital appointment was ok. The scans were apparently clear of metastasis ( spread) but I am being told that I do need to have treatment sooner rather than later now.   I have had 7 years knowing about the cancer and active surveillance has been good as things have been pretty much normal for me, still no great rush, I am leaning towards surgery rather than radiotherapy and likely to have treatment in 2 or 3 months time Thank you once again for your concerns and kind thoughts     My email to client on my return from holiday 3rd June 07.13 am   Good Morning ........ I hope you are well, we had a lovely holiday.   I have arranged that I can call over to your home this week to finish off any issues that you still have. I haven't been notified that the replacement glass is in the warehouse yet but will check it later this morning  Could you send me a revised list of all outstanding jobs so that I can estimate how much time is required  What days/ time after today will be best for you so that I can work around it and make sure that all is complete   3rd June 08.30 The remaining jobs what are left the builder is completing this week. The only job I would like you to do is to replace the window that was cracked and to sort out the opening window that is sloping. I guess it would be easier for you to come towards the end of the week or early next week once the builders have finished so you are not getting in each other's way, if that helps. I will send you a copy of his invoice like you mentioned to help me anyway with the costs.   10th June following telephone conversation I then called to fit the glass only to see that the whole inside works had been changed around I expressed my shock I was asked to pay £1200 towards the cost of the to which I said I wasnt prepared to take responsiblity for all of the changes only the snagging I ask for himto put a proposal in writing  which follows 10th June 11.14am On the 10th June you came to replace the window that was damaged and asked me to submit to you an email with what my outcome I would like it to be.  I understand that you were frustrated that I contacted another builder to fix all the issues that I had come across. This didn’t give you the opportunity to fix the situations. The reason I felt I needed to do this was that if you had left my home leaving the garage conversion to your best standard, I felt how could you improve on the work you have carried out. I want to highlight the issues that I had come across after you had completed the job. . Quality of skirting board that was fitted around the curved wall inside the bathroom and also in the lounge. . Toilet fitted too close to the radiator where you could potentially burn your leg . Hardly no space for you to get off the toilet when sat down, especially if you are tall. . The hot and cold feed were incorrectly placed to the wrong connection on the sink . The vanity unit isn’t suitable due to the position of the stop tap. Small hole cut in the vanity unit base to try and switch the tap off . No caulk used around the door frames . The extractor fan, where you used a plastic round tube, going to a square tube that was held on by gaffer tape. The square tube then went into a round hole on the outside, this was then filled with foam gap. . The pocket door felt like it wasn’t fixed well, the door at the bottom wasn’t sliding on to the runner very well and you had to help it onto the run. Also no lock on the door. . The boiler door frame had to be replaced due to the timber that was used. The door also was replaced due to the door being fitted to fix into the twisted door frame wood. The door had been shaved so it would fit into door frame that was twisted. The architrave used inside the boiler room was short, had a piece taken out of it. The architrave in the toilet wasn’t fitted well. . You used two single sockets for the bathroom and boiler room. Where I only needed to have I double switch. . The door frame going into the garage you left gaps between the wood and the wall. . Door handle not fixed correctly and is stiff . The window, one opening window doesn’t look level, the other you can’t open it and leave it slightly open in a lock position. . Skirting by the radiator, the hole had been cut too big and had just been filled with filler. . One plank of flooring wasn’t fitted flush and my toe caught it sitting upwards.    Like you said today we both are not happy with the outcome, where you hadn’t been given the opportunity to fix the jobs. I had lost  confidence in you completing the list above.  I wish you had looked at the bathroom situation and spoke to me about the vanity unit that wouldn’t fit correctly due to the tap. I would of paid more to get a floating sink unit and a cover built to go over the stop tap. When I had seen it when you had gone I was shocked and couldn’t get my hand in. I also wish you had asked me where I wanted the toilet to go and what the restriction was going to be due to the curved wall.    I am happy to meet half way on the cost of the builder that’s corrected my points above. His total bill came out to £2400.00   15th June 07.08 am Good morning, ........, I can confirm I have received the email I am not in agreement with the contents and as such considering my response  18th June 12.16 Eight days ago I sent you my email that you requested asking me to detail what I wanted and what the issues were. I have had no response from you on what you are going to do.  This is now impacting on my health and it is also making me not to love my home as I used to do. I have now been advised to contact Citizens advice bureau Cheshire East Council Contact small claims court If this is something that I have to do, I will be claiming for full amount of £2400.00. I shall be putting the photographs and videos together with the email on the 23rd of May where you said you get anxious at times and that you haven’t been on top form just lately. I shall give you my bank details if you will be going ahead and paying me £1200.00. If I receive the payment within 72 hours then I will not carry on with the three points I mentioned in this email. I would like to put a close to this matter as this isn’t helpful to you or I and it’s very sad it has come to this.  Regards   19th June 07.07 am Dear ....,First of all and foremost in my mind is that I do not want to fall out with you.   Please bear this in mind in all our communications   Contrary  to your email 18 June 2024 stating I had not replied  to your  previous email for 8 days ,I emailed a reply to you on Saturday Morning (3 days ago) stating that I was considering my response to your request.   I have at all times been prompt with replies and at all times notified you at each stage of the build    I  have followed up all email from you   At this time I haven't made a final decision  but I am not in agreement to pay for the extra work that you had carried at your own request out by ANO   On the 11th June I replaced the broken pane of glass. I expressed my shock at you not having only carried out the minor snags but had also gone ahead without discussing major changes to the walls and flooring and drains.     I was not given the opportunity to remedy any issues that arose from my work, in fact you told me that you had already instructed another builder less than 1 working day after completion and final payment was made   I did request an estimate prior to agreeing that ano rectify any snags.   You took it upon yourself to instruct him and in fact to carry out major works,I certainly have not agreed to pay for this nor to paying for the extra work   If you had bought a car and it developed a fault the next day I am sure you would have taken it back to the garage that you bought it from  not to another and then expect garage 1 to agree to the bill     My expectation was that the snagging would  take me less than 1 day to rectify at a cost to myself less than £300   If you were unhappy with any other aspects of the build I would have discussed them with you to make sure that you became another happy customer.   If I had carried out the minor snags I would not have needed to pay out for a third party and it would have been only time that I had lost   If you are intent on going to the small claims court I shall defend any action vigorously    Please reconsider your position in light of the above.    I do want to bring this to a conclusion as soon as possible to remove the stress  for us both.     19th June 07.37   I am not in agreement with what you have said. I feel £300 doesn’t even cover the materials that had to be used.    I feel that you and I won’t agree so I do feel the only way forward is for me now to go forward to the small claims court.  It will be best for them to make the decision on your side and also my side. Regards     Claim form issued  19th June not been able to download as yet 
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Alliance ANPR PCN -Appealed - now Letter of Claim - paid for wrong carpark via app - Sea View Car park, Polzeath, Cornwall PL27 6SR


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1 Date of the infringement 16th March

2 Date on the NTK [this must have been received within 14 days from the 'offence' date] 22nd March

3 Date received unsure

4 Does the NTK mention schedule 4 of The Protections of Freedoms Act 2012? [Y/N?] UNSURE

5 Is there any photographic evidence of the event? Yes

6 Have you appealed? [Y] post up your appeal] Yes. Stated incorrect location was used in JustPark app as honest mistake. Rejected of course.

Have you had a response? [Y/N?] post it up Yes, rejected:

Site: Sea View Car Park, PL27 6SR

Date of Event: 16th March 2024

We are in receipt of your challenge in relation to the above Parking Charge.

Appeals must be handled in a fair and consistent manner, therefore, in order for us to cancel any Parking Charge; it is necessary for us to find that the Notice was issued in error.

As per the clear and prominent signage at this location ('The Contract'), drivers agree to pay the sum of £100 if 'A valid ticket is not displayed face-up on the dashboard; enabling all of the printed information to be inspected'.

'The Contract' also details that there is an exception for those with a valid mobile session in place.

Had the driver felt that the terms of the contract were unacceptable, they had the option to seek alternative parking. By remaining, the driver is deemed in law to be bound by the terms of 'The Contract'.

Our photographic evidence confirms that a valid ticket was not displayed, and a search of our records confirms that no mobile session was in place for the registration XXXX at this location; therefore, your appeal is declined.

We note that you have submitted evidence of payment; however, said payment is not for this location.

It may be the case that you feel that the charge is unfair; however, there is no legal basis to now reject a charge that the driver has already agreed to pay.

In light of the above, the sum £100.00 is payable by 21/05/2024 or £170 thereafter.

Our internal appeals procedure is now exhausted, our decision is final; therefore no further correspondence other than payment will be addressed or responded to.

Should you disagree with our decision, you may submit an appeal to 'The Independent Appeals Service'; full details are on the rear of this letter.

7 Who is the parking company? Alliance Parking LTD

8. Where exactly [carpark name and town] Sea View Car park, Polzeath, Cornwall

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

Hi there, thanks in advance for any help on this.

 

Had 3 'PCNs' in post from Alliance for parking 3 times over a period of two weeks, unfortunately we were away from home so letters must have come over the two weeks but we received all at once if that makes sense.

I realised I had used the wrong location on the car park app. The signs are not clear what the location is called (no code.)

I only had receipts for two instances I assume the first, it didn't go through as had terrible signal.

Paid £60 for one of the charges.

Appealed the others saying it was an honest mistake and not very good signage (unfortunately submitted on their website and have no evidence of my appeal.) received the rejection of appeal as above.

Have now received the attached letter of claim.

I have done some research for the amazing snotty letters but wonder if someone could kindly help me with writing one specific to my case? Thank you so very much in advance.

 

 

2024-05-23 Alliance PAPloc.pdf

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Hi Clou,

Welcome to the Forum and thank you for reading first before you posted.

There seems to be many problems with Cornwall and getting a signal to use your a phone which could be why these parking companies don't use alternatives. It is a shame you paid the first one as you would probably have not had to pay that one either. 

Was the car park at which you paid the same parking company as the one sending you these PCNs? On the subject of PCNs could you please post them up so we can see if they comply with the Act.

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They are absolute chuckleheads. You paid but because you entered a different car park site also belonging to them they are pursuing you despite them knowing what you had done. It would be very obvious to everyone, including Alliance that your car could not have been in two places at the same time.

Thank you for posting the PCN so quickly making it a pity that you appealed since there are so many things wrong with it that you as keeper are not liable to pay the charge. They rarely accept appeals since that would mean they lose money but they have virtually no chance of beating you in Court. Very unlikely that they will take you to Court given the circumstances.

Just in case you didn't out yourself as the driver could you please post up your appeal.

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Thank you. Such a good point.

They did issue all 3 before I paid though.

I only paid one because I didn’t have proof of parking that time, only for two others. 

Unfortunately no proof of my appeal as it was just submitted through a form on their website and no copy was sent to me.

I only have the reply.

I believe I just put something like “we made the honest mistake of using the incorrect parking area on the app” and that’s it.

Thanks again for your help. 

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OK  so you may not have outed yourself if you said "we". No matter either way you paid.

Snotty letter

I am surprised that they were so quick off the mark threatening Court. They usually take months to go that far. No doubt that as you paid the first one they decided to strike quickly and scare you into paying.

Dear Chuckleheads  aka Alliance, 

I am replying to your LOCs

You may have caught me the first time but that is  the end. What a nasty organisation you are. You do realise that you now have now no reason to continue to pursue me after reading my appeal since you know that my car was not cloned.

Any further pursuit will end up with a complaint to the ICO that you are breaching my GDPR

Please confirm that you have removed my details from your records.

------------------------------------------------------------------------------------------------------------------------------------------------------------

I haven't gone for a snotty letter this time as they know that you paid for your car in another car park. So using a shot across their bows . 

If it doesn't deter them and they send in the debt collectors or the Court you will then be able to get more money back from them for  breachi.ng your data protection than they will get should they win in Court-and they have no chance of that as you have paid. So go in with guns blazing and they might see sense. 

Although never underestimate how stupid they are. Or greedy.

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I'm at work now but promise to look in later.

Can you confirm how you paid the first invoice?  It wasn't your fault if the signal was so poor and there was no alternative way to pay.  There must be a chance of reversing the charge with your bank. 

There are no guarantees but Kev  https://find-and-update.company-information.service.gov.uk/company/09766749/officers  has never had the backbone to do court so far.  Not even in one case,

 

We could do with some help from you.

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  • dx100uk changed the title to Alliance ANPR PCN -Appealed - now Letter of Claim - paid for wrong carpark via app - Sea View Car park, Polzeath, Cornwall PL27 6SR

pdf's merged and properly named.

thread title updated.

word fine replaced by charge in post one....they are not fines mere speculative invoices.

just type no need to keep hitting quote.

 

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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The car park I paid for by mistake instead of this one was Cornwall council, not Alliance.

Will the letter still be ok in this instance?

Thank you so much again for your help.

When you open the Just Park app in the  Alliance car park (Sea View) the first car park that comes up is Polzeath Beach.

Both car parks are on the beach.

The signs do not give a code for 'Sea View' anywhere.

I also have not been able to find the landowner to complain. (not on land registry.)

Please confirm whether above letter is ok to send, thanks again.

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Posted (edited)

What you've just written complicates things.

No, the snotty letter now needs to be changed so don't rush and send something off just yet.

We see you've done your reading up - well done - so you'll have seen we have several cases with our mate Kev.  His MO is to hide signs in the undergrowth where no-one will see them, and ignore consideration & grace periods, so he can issue his invoices.  His antics mean that motorists are legally in the right not to pay his invoices.  And so far he hasn't had the bottle to do court.

However, your case is different.  As much as we despise Kev, you didn't pay for the private car park that Kev "manages" but instead gave the money to a completely different car park run by the council.  In that case Kev does have the right to be miffed.  I've just a mock booking for Sea View car park on JustPark and it works no problem.

I think you have two decisions to make.

1.  Do you want to do a chargeback with your bank to get back the £60 you paid?  I did a chargeback about a year ago for the first time, i didn't have a clue what to do, but the regulars here guided me and everything was painless.

2.  Although you are probably legally in the wrong and may have outed yourself as the driver do you want to refuse to pay Kev for the other two?  If Kev won't do court then after all his bluster you'll be in the clear. However, as there are two tickets involved (potentially three if you go for chargeback) Kev's greed might win over his lack of backbone and he may go for court.

There's no easy solution.  Your choice.  We will of course support you all the way with what you decide.

Edited by FTMDave
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We could do with some help from you.

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I suppose I felt my defence would be that it was an honest mistake and even the initial £60 charges seemed unjust, let alone the now two £170's he is now demanding.

There is no Justpark code for 'Sea View' on the signs in the car park and the first/nearest car park that comes up when you're in the Sea View car park is the 'Polzeath beach car park'.

If I have to accept that I need to pay £340 to avoid the stress of him maybe taking me to court, then so be it.

If people here advise me I don't have a case then I will just have to pay.

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Well the difference is that in all our other cases It was Kev who was trying to entrap the motorist so sticking two fingers up to him and daring him to try court was from a position of strength.

In your case, sorry, you made a mistake so you're not in the position of strength.  I've looked on Google Maps and the signs are few & far between as per Kev's MO, but there is an entrance sign saying "Pay & Display" (and you've admitted in writing that you knew you had to pay) and the signs by the payment machines do say "Sea View Car Park" (and you've admitted in writing you paid the wrong car park ... and maybe outed yourself as the driver).

Something I missed in my previous post is that the LoC is only for one ticket, not two.

Sorry, but it's impossible to definitively advise what to so.

Personally I'd probably gamble on Kev being a serial bottler of court and reply with a snotty letter ridiculing the signage (given you mentioned the signage in your appeal) - but it is a gamble.

 

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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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Thank you Dave for jumping in yesterday and advising not to send off the letter I wrote.

I am sorry Clou but I thought at the time that both car parks were owned by Alliance. Before doing a snotty letter does anyone in your family able to alos drive your car apart from yourself and are you the keeper?

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