Jump to content


  • Tweets

  • Posts

    • If anybody has any advice here, it would be greatly appreciated, I already suffer with pre-existing disabilities & have struggled with this so far. 
    • so return of goods order etc etc read upload  scan pages to jpg, redact in mspaint. the convert to and merge to one mass PDF  read upload and use the online listed sites for all 3 stages. do you want to keep the car? i will guess this was a manual paper claimform direct from the co.court or was it org sent from salford bulk processing and has just got reaq ssigned?      
    • Speaking of the reformatory boys, here they are with all of their supporters, some of whom traveled with them from miles away, all carefully crammed together and photographed to look like there were more than about 80 .. rather like Farages last rally with even fewer people crammed around what looked like an ice cream van or mobile tea bar ... Although a number in the crowd apparently thought they were at a vintage car rally as they appeared to be chanting 'crank-her'. A vintage Bentley must be out of view.   Is this all there is? Its less than the Tory candidate. - shut up and smile while they get a camera angle that looks better
    • in order for us to help you we require the following information:- Which Court have you received the claim from ? Canterbury Name of the Claimant ? Moneybarn No 1   How many defendant's  joint or self ? One Date of issue –  29/05/24 Acknowledged by 14/06/24  Defence by 29/06/24  Particulars of Claim PARTICULARS OF CLAIM 1.  By a Conditional Sale Agreement in writing made on 25th August 2022. Between the Claimant and Defendant, the Claimant let to the Defendant on Conditional Sale. A Ford Ranger 3.2 TDCi (200 P S) 4x4 Wildtrack Double Cab Pickup 3200cc (Sep.2015) Registration No, ******* Chassis number ***************** (“The Vehicle”).  A copy of the agreement is attached  2.  The price of the goods was £15,995.00. The Initial Rental was £8500.00.  The total charge for credit was £3575.;17 And the balance of £11,070.17 was payable by 59 equal consecutive monthly instalments of £187 63. payable on the 25th of each month. 3.  The following were expressed conditions of the set agreement, Clause 8: Our Right to End this Agreement  8.1   Subject to sending you the notice as required by law, any of the following events will entitle us to end this Agreement: 8.1.2  You fail to pay the advance payment (if any) or any of the payments as specified on the front page of this agreement or any other sum payable under this Agreement. 8.1.3 If any of the information you have given us before entering into this Agreement or during the term of this Agreement was false 8.1.4 We consider, acting reasonably, that the goods may be in jeopardy or that our rights in the goods may otherwise be prejudiced. 8.1.5 If you die 8.1.6 If a bankruptcy petition is presented against you; if you petition for your own bankruptcy, or make a live arrangement with your creditors or call a meeting of them. 8. 1.7 If in Scotland, you become insolvent or sequestration or a receiver, judicial factor or trustee to be appointed over any of your estate, or effects or suffer an arrestment, charge attachment or other diligence to be issued or levied on any of your estate or effects or suffer any exercise, or threatened exercise of landlords hype hypothec 8.1.8 If you are a partnership, you are dissolved 8.1.9 If the goods are destroyed, lost, stolen and/or treated by the insurer as a total loss in response to an insurance claim. 8.1.10 If we reasonably believe any payment made to us in respect of this Agreement is a proceed of crime. 8.1.11 If steps are taken by us to terminate any other agreement which you have entered into with us. Clause 9.  Effect of Us Terminating Agreement 9.1 If this Agreement terminates under clause 8 the following will apply 9.1.1 Subject to the rights given to you by law, you will no longer be entitled to possession of the goods and must return them to us to an address as we may reasonably specify, (removing or commencing the removal of any cherished plates) together with a V5 registration certificate, both sets of keys and a service record book. If you are unable or unwilling to return the goods to us then we shall collect the goods and we'll charge you in accordance with clause 10.3 9.1.2 We will be entitled to immediate payment from you for all payments and all other sums do under this agreement at the date of termination 9.1.3 We will sell the goods or public sale at the earliest opportunity once the goods are in a reasonable condition which includes a return of the items listed in clause 7.1.4 9.1.4 We will be entitled to immediate payment from you of the rest of the Total Amount Payable under this agreement less: ( a) A rebate for early settlement ias required by law which will be calculated and notified to you at the time of payment (b) The proceeds of sale of the goods (if any) after deduction of all costs associated with finding you and/or the goods, recovery, refurbishment and repair. Insurance, storage, sale, agents fees, cherished plate removal, replacement keys, costs associated with obtaining service history for the goods and in relation to obtaining a duplicate V5 registration certificate 4, The following are particulars required by Civil Procedure Rules. Rule 7.9 as set out in 7.1 and 7.2 of the associated Practice Direction entitled Hire Purchase Claims:- a)     The agreement is dated 25 August 2022. And is between Moneybarn No1 Limited  and xxxxxxxxx under agreement  number xxxxxx. b)    The claimant was one of the original parties to the agreement. c)    The agreement is regulated under the Consumer Credit Act 1974. d)    The goods claimed Ford Ranger 3.2 TDCi ( 200 PS) 4x4 Wildtrack Double Cab Pickup 3200 cc (Sep2015} Registration No ^^^^^^^ Chassis number ***************** e)     The total price of the goods £19570 f)     The paid up sum £1206 5 g)    The unpaid balance of the total price £7505 (to include charges) h)    A default notice was sent to the defendant on 20th February 2024 by First class post i)      The date when the right to demand delivery of the goods accrued 14 March 2024 j)      The amount if any claimed as an alternative to delivery of the goods 7505 22 include charges 5.  At the date of service of the notice the instalments were £562.89 in arrears. 6. By reason of the Termination of the Agreement by the notice, defendant became liable to pay the sum of £7502 7. The date of maturity the agreement is 24th August 2027. 8. Further or alternative by reasons of  the Defendant breaches of the agreement by failing to pay the said instalments, the Defendant evinced an intention no longer to be bound by the Agreement and repudiated it by the said Notice the claimant accepted that repudiation 9. By reason of such repudiation the claimant has suffered loss and damage. Total amount payable £19570 Less sum paid or in arrears by the date of repudiation £12064 97 Balance £7505 (to include charges.) ( The claimant will give credit if necessary for the value of the vehicle if recovered.)  The claimant therefore claims 1.    An order for delivery up of the vehicle 2.    The MoneyClaim to be adjourned generally with liberty to restore,  Upon restoration of the MoneyClaim following return or loss of the vehicle. the Claimant will ensure the pre action protocol for debt claims is followed. 3.    Pursuant to s 90 (1)  of the Consumer Credit Act 1974. An order that the Claimant and/or its agents may enter any premises in which the vehicle is situated in order to recover the vehicle should it not be returned by the Defendant 4.    further or alternatively damages 5.    costs Statement of truth The Claimant believes that the facts stated in these Particulars of Claim are true. The Claimant understands that the proceedings for contempt of court may be brought against anyone who makes or causes to be made a false statement in the document for verified by statement of truth without an honest belief in its truth. I am duly Authorised by the Claimant to sign these Particulars of Claim signed Dated 17th of April 2024  What is the total value of the claim? 7502   Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ? No   Never heard of this   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? No   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 ? In a garage  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. Original Were you aware the account had been assigned – did you receive a Notice of Assignment? n/a   Did you receive a Default Notice from the original creditor? They said sent but nor received   Have you been receiving statutory notices headed “Notice of Sums in Arrears”  or " Notice of Arrears "– at least once a year ? None seen   Why did you cease payments? Still Paying,   What was the date of your last payment? Yesterday  31st May 2024   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 on 12 Feb 2024   What you need to do now.   Can't scan, will do via another means as you cant have jpg  
    • Now that is an interesting article which adds afew perspective that I hadn't thought significant - but on reflection of the perspectives offered ... Now Starmer is no Blair, however 'blairite he may be perceived, but the Tories aren't tories and aren't even remotely liberal   The fast 'unannounced and unexpected election call from sunack may well be explained by the opinion linked that he hoped reform would be unprepared and effectively call a chunk of Farages largely empty bluster - making him look even more of a prat, leave scope for attacks on shabby reform candidates and mimimise core vote losses to reform - while throwing the 'middle ground' (relative) tories TO THE DOGS - and with the added bonus of likely pacifying his missu' desire to jogg off to sunny cal tout suite somewhat   thumb in the air - I expect about 140ish tory seats, but can hope for under a hundred Reform - got to admit the outside possibility of 1, maybe 2 seats with about 8% of the vote - but unlikely. I think projections of over 10% of the vote for reform is nudged and paid for speculation - but possible with the expected massive drives from Russian, Chinese and far right social media bot and troll prods targeting the gullible.
  • 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 
        • 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

Excel Parking


style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 3957 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

Thanks Rob,

 

What if they write to me saying they are taking legal action?

 

 

Amands

 

Let them get on with it, but the most they could claim for is the payment for the time your car was parked without a ticket, and you have offered them this, haven't you;)

Link to post
Share on other sites

  • Replies 161
  • Created
  • Last Reply

Top Posters In This Topic

Top Posters In This Topic

Yes i sent them a copy of the ticket a got from the machine, when i got a chance too, it was only 50p - do you think they will be ok with this?

 

The price for the parking was 50p for 2 hours, i was only there 15 mins!

 

Thanks

 

Amands

Link to post
Share on other sites

It doesn't matter if they're okay with it. They would have to take you to court to get it from you. Do you think the judge will be happy with them taking you to court for 50p?

 

They will not take you to court. They will not issue proceedings against you. Please read the threads that I have provided above for reassurance. You need to stop worrying about this and get angry. They have no right to chase you for this, no right to insist that the registered keeper deals with this, no right to demand the name of the driver from you, no right to penalise you for an alleged breach of civil contract which they can't prove happened in the first place. They are acting, if not illegally, then at least unlawfully.

 

I really don't know why you keep rolling over on this. I'd be hopping mad.

-----

Click the scales if I've been useful! :)

Link to post
Share on other sites

Demon, it's a little bit different for Amands because she had already admitted to being the driver prior to posting on this forum, so it's no surprise that she does feel a bit vulnerable. It's easy for us to give her advice on what to do, but she is the one receiving the letters and threats, not us, and there is no doubt they can cause a lot of stress for some people. Hopefully she will lose the fear and start getting angry with them soon, but in the meantime we can offer her the reassurance that she needs to help her stand firm.

Link to post
Share on other sites

I agree with both Demon and Rob, my other half would have paid by now if I hadn't kept re-assuring her that nothing will come of this sort of thing.

 

Amands just take the advice and be strong, we haven't heard from our threatening jerks for around 6 weeks now after it had been to debt collectors, it is now back in the parking company's hands for them to go to court and try and get a court order which won't happen.

 

Stand firm, if you receive more letters just post back on here for continuing advice.

Link to post
Share on other sites

  • 4 weeks later...

Have just received a letter from the debt collectors asking to pay up £ 125.00 relating to the parking charge notice, if not paid today they will issue a CCJ, Do i still ignore and let them get on with it, or reply?

 

I know you keep telling me to stand firm, but in all honesty, i dont fancy a CCJ against me, my credit isn't very good to begin with

 

getting more and more frustrated at these jerks

 

 

Amands

Link to post
Share on other sites

A debt collector can't issue a CCJ, it has to apply to the court, you would have to be informed it was going to court and the court would have to agree there is a debt, if you then didn't pay the debt a CCJ would be the next step I believe. Without any court involvement no chance of a CCJ. Is the letter threatening court or are they saying they will issue a CCJ? If so that is blatant scare tactics.

Link to post
Share on other sites

The letter is threatening court action, do you really think they could or couldn't go all the way?

 

Threatening to take someone to court is easy, just ignore their letters and any further 'final demands', 'final final demands'.....etc. If they want to go to court get the media involved as it will be a landmark case.

Link to post
Share on other sites

The last letter I had from debt collectors threatened court action ( 'may go to court' was the wording) I told them I wasn't paying and return the 'debt' back to the car parking agency, which they did, haven't heard a thing since, that must be 3 months ago. They will try it on to scare you into paying because it works on a lot of people, that's how they stay in business. I wouldn't worry.

  • Haha 1
Link to post
Share on other sites

Hi guys, I got a ticket in Ambleside St Martin's College car park at the weekend. My own stupid fault I s'pose as I totally misread their sign and paid the weekday rate of 70p for 1-2 hours instead of £1.80 for 2 hours. I got back to the car (I thought with 15 mins left) that my partner had driven in and found a ticket, overstaying and not parking in a marked bay. The car park was no where near full when we arrived or when we got back, and the attendant watched us park and could have said something there and then, there was no business lost because of the car being inches over the T-mark.

 

The ticket is for £60 reduced to £30 if paid within 7 days.

The ticket man saw me remove the ticket and spoke to us.

I am the registered keeper but was not driving it that day.

I bought the car only on 28th July so DVLA may not have sorted it yet and may give the wrong details to Excel.

 

What should I do do you think?

 

 

Anna

Link to post
Share on other sites

The first thing you should do is wait. It seems to take them months to get around to contacting the DVLA, but when they do, you as the registered owner, will get a demand. As you are the owner but not the driver on the day, then you will write back to them stating that is the case, and suggest that they chase up the driver for the fine. You do not have to tell them who was the driver, that is their problem. Check the earlier answers on this thread.

Link to post
Share on other sites

The first thing you should do is wait. It seems to take them months to get around to contacting the DVLA, but when they do, you as the registered owner, will get a demand. As you are the owner but not the driver on the day, then you will write back to them stating that is the case, and suggest that they chase up the driver for the fine. You do not have to tell them who was the driver, that is their problem. Check the earlier answers on this thread.

 

If you are going to quote legalise at them, it helps if it is right.

 

There is no such thing as a registered owner. There is a registered keeper, but the DVLA do not keep any details of a vehicle owner. They also make it very clear that the RK is not necessarily the owner.

 

You will need to write and state that the driver is liable and not the registered keeper; suggest that they contact the driver.

 

You are under no obligation whatsoever to assist them in this, nor are you liable as RK

Link to post
Share on other sites

Pat, you are just repeating what I said.

 

No, I am not.

 

You were referring to a registered owner - which does not exist.

 

You may have meant the same, but if you are going to quote law at these leeches, you have to be right.

Link to post
Share on other sites

Everybody here who is the registered keeper of a vehicle will be the owner of that vehicle. No use splitting bloody hairs about it.

 

Absolutely, utterly and totally wrong ! :mad:

 

I, for instance, am not the owner of the vehicle that I drive - although I am the registered keeper.

 

Also, ANYBODY who has a car on HP is not the owner; although they will be the RK

 

My point was that if you are going to try and use legalese, you have to be right; you do have to split hairs.

 

If they get a letter referring to a registered owner, they know they are dealing with a dickhead who probably will not have the legal knowledge or support to carry any defence through and is just writing a letter without any understanding of the content.

 

At no point in any sort of parking enforcement is the owner involved; there is no register of owners.

Link to post
Share on other sites

The point is that she was not the driver, that is the issue. I don't know if you have already paid Excel by now, but I haven't, using this argument, and it has nearly been a year since my ticket, with no comebacks. There is no sprouting "legalise" as you call it, no mention of any laws or statutes that only clever people such as yourself can understand.

I am the registered keeper and I own my car.Call it what you will but I was not driving the day I was fined, therefore they can **** off.

Link to post
Share on other sites

The point is that she was not the driver, that is the issue. I don't know if you have already paid Excel by now, but I haven't, using this argument, and it has nearly been a year since my ticket, with no comebacks. There is no sprouting "legalise" as you call it, no mention of any laws or statutes that only clever people such as yourself can understand.

I am the registered keeper and I own my car.Call it what you will but I was not driving the day I was fined, therefore they can **** off.

 

While your actions for your own circumstances were correct, that doesn't make it correct for others.

 

A Local Authority used the words "a notice to owner will be sent to the Registered Owner" instead of the words Registered Keeper or the person appearing to the Authority to be the Owner. The PCN was found to be invalid for that error.

 

Neither you, Pat or myself are qualified to give professional advice and somtimes get it wrong (as I have done myself more than once). When I do and see things from another angle I have to conceed and move on.

 

The correct terms to use, and I'll show my a*se if I'm wrong are:

 

Registered Keeper

 

and

 

Lawful Owner

PUTTING IT IN WRITING & KEEPING COPIES IS A MUST FOR SUCCESS

Link to post
Share on other sites

Mothership has stated that the car was driven by her partner. She can tell excel to chase him up for the fine, but she is not under any obligation to tell excel who was driving. She will be fined, as I was, because we are the registered keeper of the car. There is no reason to tell excel anything other than she was not the driver that day. Whether she is the owner, the registered keeper or a bleeding registered nurse, it is of no importance.

That is the point.

It is different with the police and council fines as we all know.

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...