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    • What do you guys think the chances are for her?   She followed the law, they didnt, then they engage in deception, would the judge take kindly to being lied to by these clowns? If we have a case then we should proceed and not allow these blatant dishonest cheaters to succeed 
    • I have looked at the car park and it is quite clearly marked that it is  pay to park  and advising that there are cameras installed so kind of difficult to dispute that. On the other hand it doesn't appear to state at the entrance what the charge is for breaching their rules. However they do have a load of writing in the two notices under the entrance sign which it would help if you could photograph legible copies of them. Also legible photos of the signs inside the car park as well as legible photos of the payment signs. I say legible because the wording of their signs is very important as to whether they have formed a contract with motorists. For example the entrance sign itself doe not offer a contract because it states the T&Cs are inside the car park. But the the two signs below may change that situation which is why we would like to see them. I have looked at their Notice to Keeper which is pretty close to what it should say apart from one item. Under the Protection of Freedoms Act 2012 Schedule 4 Section 9 [2]a] the PCN should specify the period of parking. It doesn't. It does show the ANPR times but that includes driving from the entrance to the parking spot and then from the parking place to the exit. I know that this is a small car park but the Act is quite clear that the parking period must be specified. That failure means that the keeper is no longer responsible for the charge, only the driver is now liable to pay. Should this ever go to Court , Judges do not accept that the driver and the keeper are the same person so ECP will have their work cut out deciding who was driving. As long as they do not know, it will be difficult for them to win in Court which is one reason why we advise not to appeal since the appeal can lead to them finding out at times that the driver  and the keeper were the same person. You will get loads of threats from ECP and their sixth rate debt collectors and solicitors. They will also keep quoting ever higher amounts owed. Do not worry, the maximum. they can charge is the amount on the sign. Anything over that is unlawful. You can safely ignore the drivel from the Drips but come back to us should you receive a Letter of Claim. That will be the Snotty letter time.
    • please stop using @username - sends unnecessary alerts to people. everyone that's posted on your thread inc you gets an automatic email alert when someone else posts.  
    • he Fraser group own Robin park in Wigan. The CEO's email  is  [email protected]
    • Yes, it was, but in practice we've found time after time that judges will not rule against PPCs solely on the lack of PP.  They should - but they don't.  We include illegal signage in WSs, but more as a tactic to show the PPC up as spvis rather than in the hope that the judge will act on that one point alone. But sue them for what?  They haven't really done much apart from sending you stupid letters. Breach of GDPR?  It could be argued they knew you had Supremacy of Contact but it's a a long shot. Trespass to your vehicle?  I know someone on the Parking Prankster blog did that but it's one case out of thousands. Surely best to defy them and put the onus on them to sue you.  Make them carry the risk.  And if they finally do - smash them. If you want, I suppose you could have a laugh at the MA's expense.  Tell them about the criminality they have endorsed and give them 24 hours to have your tickets cancelled and have the signs removed - otherwise you will contact the council to start enforcement for breach of planning permission.
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3 Years and nothing paid! Any advice?


happydj
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Hello

 

I was extremley bad with my money (and still have trouble with managing it) however I am trying to get back on my feet as soon as possible. However recently I have had some very shocking news and to be honest - I am panicing, I am very depressed about money even to the point of doing something horrible.

 

Here is my story,

When I turned 18 I got a loan for £3000 from HSBC. I was making regular payments until I lost my job and found it difficult to get another one. Anyway, I wrote to HSBC informing them I was in trouble and asking if I could pay off £40 per month. I also asked to close the account because I didnt want to get into any more debt. They said I couldnt close the account because the loan was attached to it, so they told me not to use it, pay in the £40 per month and they would pay the load payment of £38 (leaving £2 in my account each month).

 

I then joined the armed forces and was stationed in Germany. My father paid in £40 every single month in cash without fail. I had no direct debits or anything on the account (no bank card, chequebook etc etc) so I KNOW there was nothing coming out of that account.

 

After just under 3 years, I came back to the UK and realised my payments to HSBC should be finished (if not very nearly finished) and so I called them to ask if everything was ok. I could not be further from the truth.

 

Apparently, I had been charged for something a long time ago, and I recieved bank charged which took me overdrawn (this is what I can gather) the monty that was paid into the account did not cover these bank charges and as a result, got more bank charges. This went on for years without them sending us any letters or telephoning us. As a result of this I am now over £550 overdrawn, and my loan is up to over £2000 because of late payment fees etc. They phoned me and told me I needed to pay at least enough to cover the overdrawn amount into my bank account within 7 days or they will take me to court for CCJ. I told them I thought I was paying, I thought everything was fine, I never recieved any letters, phone calls or anything about there being any sort of problem. One of the people that called (I have had a few) looked into it and said they dont know why I never recieved anything - and the rest of the people have just said that I have been sent statement and telephone calls - to which I replied I had, but only AFTER I contacted them asking how much was left to pay!!! They were very snotty and just told me to pay the money or I will get a CCJ.

 

I have NO idea what I can do! Have I just wasted £40 per month for 3 years (over 3 years now!) I dont know what to do! If anyone knows about any way at all in which they can help me could you please let me know - they are on my back every day now - but I am in debt as it is and trying to pay everyone back!

 

Thanks to ANYONE in advance for any advice you can offer

 

Thank you very much

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Hello

 

I was extremley bad with my money (and still have trouble with managing it) however I am trying to get back on my feet as soon as possible. However recently I have had some very shocking news and to be honest - I am panicing, I am very depressed about money even to the point of doing something horrible.

 

Here is my story,

When I turned 18 I got a loan for £3000 from HSBC. I was making regular payments until I lost my job and found it difficult to get another one. Anyway, I wrote to HSBC informing them I was in trouble and asking if I could pay off £40 per month. I also asked to close the account because I didnt want to get into any more debt. They said I couldnt close the account because the loan was attached to it, so they told me not to use it, pay in the £40 per month and they would pay the load payment of £38 (leaving £2 in my account each month).

 

I then joined the armed forces and was stationed in Germany. My father paid in £40 every single month in cash without fail. I had no direct debits or anything on the account (no bank card, chequebook etc etc) so I KNOW there was nothing coming out of that account.

 

After just under 3 years, I came back to the UK and realised my payments to HSBC should be finished (if not very nearly finished) and so I called them to ask if everything was ok. I could not be further from the truth.

 

Apparently, I had been charged for something a long time ago, and I recieved bank charged which took me overdrawn (this is what I can gather) the monty that was paid into the account did not cover these bank charges and as a result, got more bank charges. This went on for years without them sending us any letters or telephoning us. As a result of this I am now over £550 overdrawn, and my loan is up to over £2000 because of late payment fees etc. They phoned me and told me I needed to pay at least enough to cover the overdrawn amount into my bank account within 7 days or they will take me to court for CCJ. I told them I thought I was paying, I thought everything was fine, I never recieved any letters, phone calls or anything about there being any sort of problem. One of the people that called (I have had a few) looked into it and said they dont know why I never recieved anything - and the rest of the people have just said that I have been sent statement and telephone calls - to which I replied I had, but only AFTER I contacted them asking how much was left to pay!!! They were very snotty and just told me to pay the money or I will get a CCJ.

 

I have NO idea what I can do! Have I just wasted £40 per month for 3 years (over 3 years now!) I dont know what to do! If anyone knows about any way at all in which they can help me could you please let me know - they are on my back every day now - but I am in debt as it is and trying to pay everyone back!

 

Thanks to ANYONE in advance for any advice you can offer

 

Thank you very much

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I think the whole lot is recoverable.

 

Try amending the standard letter in the library and add a paragraph near the top stating that the whole debt has been caused by one charge that has spiralled.

 

If they persist in charging it, then you will have no choice but to start legal action for recovery.

 

First though, get another bank account - they may well turn nasty when they realise that they are not going to get their money and close your account calling the 'debt' in.

 

However, do not pay it, if they add the details to a credit agency, you can demand that they remove it when they attempt to settle out of court, or when you win in court you could ask the judge to order them to do so. I doubt this case will get anywhere near court to be honest. There is no way on earth that there was any human intervention involved and so to claim that it costs that much to do nothing is just ludicrous; and they know it.

 

Thanks very much for the advice Dave

 

I will do that and post the letter on here in the next 48 hours (because im at work) then upon approval, I will send it registered post.

 

Thanks

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I think the whole lot is recoverable.

 

Try amending the standard letter in the library and add a paragraph near the top stating that the whole debt has been caused by one charge that has spiralled.

 

If they persist in charging it, then you will have no choice but to start legal action for recovery.

 

First though, get another bank account - they may well turn nasty when they realise that they are not going to get their money and close your account calling the 'debt' in.

 

However, do not pay it, if they add the details to a credit agency, you can demand that they remove it when they attempt to settle out of court, or when you win in court you could ask the judge to order them to do so. I doubt this case will get anywhere near court to be honest. There is no way on earth that there was any human intervention involved and so to claim that it costs that much to do nothing is just ludicrous; and they know it.

 

Thanks very much for the advice Dave

 

I will do that and post the letter on here in the next 48 hours (because im at work) then upon approval, I will send it registered post.

 

Thanks

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  • 13 years later...

This topic was closed on 03/05/19.

If you have a problem which is similar to the issues raised in this topic, then please start a new thread and you will get help and support their.

If you would like to post up some information which is relevant to this particular topic then please flag the issue up to the site team and the thread will be reopened.

- Consumer Action Group

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