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    • He was one of four former top executives from Sam Bankman-Fried's firms to plead guilty to charges.View the full article
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    • further polished WS using above suggestions and also included couple of more modifications highlighted in orange are those ok to include?   Background   1.1  The Defendant received the Parking Charge Notice (PCN) on the 06th of January 2020 following the vehicle being parked at Arla Old Dairy, South Ruislip on the 05th of December 2019.   Unfair PCN   2.1  On 19th December 2023 the Defendant sent the Claimant's solicitors a CPR request.  As shown in Exhibit 1 (pages 7-13) sent by the solicitors the signage displayed in their evidence clearly shows a £60.00 parking charge notice (which will be reduced to £30 if paid within 14 days of issue).  2.2  Yet the PCN sent by the Claimant is for a £100.00 parking charge notice (reduced to £60 if paid within 30 days of issue).   2.3        The Claimant relies on signage to create a contract.  It is unlawful for the Claimant to write that the charge is £60 on their signs and then send demands for £100.    2.4        The unlawful £100 charge is also the basis for the Claimant's Particulars of Claim.  No Locus Standi  3.1  I do not believe a contract with the landowner, that is provided following the defendant’s CPR request, gives MET Parking Services a right to bring claims in their own name. Definition of “Relevant contract” from the Protection of Freedoms Act 2012, Schedule 4,  2 [1] means a contract Including a contract arising only when the vehicle was parked on the relevant land between the driver and a person who is-   (a) the owner or occupier of the land; or   (b) Authorised, under or by virtue of arrangements made by the owner or occupier of the land, to enter into a contract with the driver requiring the payment of parking charges in respect of the parking of the vehicle on the land. According to https://www.legislation.gov.uk/ukpga/2006/46/section/44   For a contract to be valid, it requires a director from each company to sign and then two independent witnesses must confirm those signatures.   3.2  The Defendant requested to see such a contract in the CPR request.  The fact that no contract has been produced with the witness signatures present means the contract has not been validly executed. Therefore, there can be no contract established between MET Parking Services and the motorist. Even if “Parking in Electric Bay” could form a contract (which it cannot), it is immaterial. There is no valid contract.  Illegal Conduct – No Contract Formed   4.1 At the time of writing, the Claimant has failed to provide the following, in response to the CPR request from myself.   4.2        The legal contract between the Claimant and the landowner (which in this case is Standard Life Investments UK) to provide evidence that there is an agreement in place with landowner with the necessary authority to issue parking charge notices and to pursue payment by means of litigation.   4.3 Proof of planning permission granted for signage etc under the Town and country Planning Act 1990. Lack of planning permission is a criminal offence under this Act and no contract can be formed where criminality is involved.   4.4        I also do not believe the claimant possesses these documents.   No Keeper Liability   5.1        The defendant was not the driver at the time and date mentioned in the PCN and the claimant has not established keeper liability under schedule 4 of the PoFA 2012. In this matter, the defendant puts it to the claimant to produce strict proof as to who was driving at the time.   5.2 The claimant in their Notice To Keeper also failed to comply with PoFA 2012 Schedule 4 section 9[2][f] while mentioning “the right to recover from the keeper so much of that parking charge as remains unpaid” where they did not include statement “(if all the applicable conditions under this Schedule are met)”.     5.3         The claimant did not mention parking period, times on the photographs are separate from the PCN and in any case are that arrival and departure times not the parking period since their times include driving to and from the parking space as a minimum and can include extra time to allow pedestrians and other vehicles to pass in front.    Protection of Freedoms Act 2012   The notice must -   (a) specify the vehicle, the relevant land on which it was parked and the period of parking to which the notice relates;  22. In the persuasive judgement K4GF167G - Premier Park Ltd v Mr Mathur - Horsham County Court – 5 January 2024 it was on this very point that the judge dismissed this claim.  5.4  A the PCN does not comply with the Act the Defendant as keeper is not liable.  No Breach of Contract   6.1       No breach of contract occurred because the PCN and contract provided as part of the defendant’s CPR request shows different post code, PCN shows HA4 0EY while contract shows HA4 0FY. According to PCN defendant parked on HA4 0EY which does not appear to be subject to the postcode covered by the contract.  6.2         The entrance sign does not mention anything about there being other terms inside the car park so does not offer a contract which makes it only an offer to treat,  Interest  7.1  It is unreasonable for the Claimant to delay litigation for  Double Recovery   7.2  The claim is littered with made-up charges.  7.3  As noted above, the Claimant's signs state a £60 charge yet their PCN is for £100.  7.4  As well as the £100 parking charge, the Claimant seeks recovery of an additional £70.  This is simply a poor attempt to circumvent the legal costs cap at small claims.  7.5 Since 2019, many County Courts have considered claims in excess of £100 to be an abuse of process leading to them being struck out ab initio. An example, in the Caernarfon Court in VCS v Davies, case No. FTQZ4W28 on 4th September 2019, District Judge Jones-Evans stated “Upon it being recorded that District Judge Jones- Evans has over a very significant period of time warned advocates (...) in many cases of this nature before this court that their claim for £60 is unenforceable in law and is an abuse of process and is nothing more than a poor attempt to go behind the decision of the Supreme Court v Beavis which inter alia decided that a figure of £160 as a global sum claimed in this case would be a penalty and not a genuine pre-estimate of loss and therefore unenforceable in law and if the practice continued, he would treat all cases as a claim for £160 and therefore a penalty and unenforceable in law it is hereby declared (…) the claim is struck out and declared to be wholly without merit and an abuse of process.”  7.6 In Claim Nos. F0DP806M and F0DP201T, District Judge Taylor echoed earlier General Judgment or Orders of District Judge Grand, stating ''It is ordered that the claim is struck out as an abuse of process. The claim contains a substantial charge additional to the parking charge which it is alleged the Defendant contracted to pay. This additional charge is not recoverabl15e under the Protection of Freedoms Act 2012, Schedule 4 nor with reference to the judgment in Parking Eye v Beavis. It is an abuse of process from the Claimant to issue a knowingly inflated claim for an additional sum which it is not entitled to recover. This order has been made by the court of its own initiative without a hearing pursuant to CPR Rule 3.3(4)) of the Civil Procedure Rules 1998...''  7.7 In the persuasive case of G4QZ465V - Excel Parking Services Ltd v Wilkinson – Bradford County Court -2 July 2020 (Exhibit 4) the judge had decided that Excel had won. However, due to Excel adding on the £60 the Judge dismissed the case.  7.8        The addition of costs not previously specified on signage are also in breach of the Consumer Rights Act 2015, Schedule 2, specifically paras 6, 10 and 14.   7.9        It is the Defendant’s position that the Claimant in this case has knowingly submitted inflated costs and thus the entire claim should be similarly struck out in accordance with Civil Procedure Rule 3.3(4).   In Conclusion   8.1        I invite the court to dismiss the claim.  Statement of Truth  I believe that the facts stated in this witness statement are true. I understand that proceedings for contempt of court may be brought against anyone who makes, or causes to be made, a false statement in a document verified by a statement of truth without an honest belief in its truth.   
    • 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.  
    • No! What has happened is that your pix were up-to-date: 5 hours' maximum stay and £100 PCN. The lazy solicitors have sent ancient pictures: 4 hours' maximum stay and £60 PCN. Don't let on!  Let them be hoisted by their own lazy petard in the court hearing (if they don't bottle before).
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    • 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.

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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Global Debt Recovery Ltd


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  • 8 months later...
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  • 2 months later...

First I'd like to thank everyone who has contributed to this thread. I was unlucky enough to receive a letter from Global Debt Recovery Ltd, and made the huge mistake of phoning the company.

 

First off, I was curious, as the letter gave very few details, as others have written on this thread. It gave an account number, and asked that I contact them. It turned out that they were chasing money from an old Lloyds bank account from 1996. The man on the phone was the rudest person I have ever had the misfortune to speak to. He reduced my wife to tears, insinuated that I was opening bank accounts without my wife's knowledge, called her stupid, told her to shut up, and threatened me with the police.

 

I have to marvel at his manner on the phone. I like to think of myself as pretty switched on with the ways of the world, but this obnoxious prat gives you no time to think when speaking on the phone. I mean, I know that the police would never get involved in a civil debt case, but for a second there, I panicked.

 

Anyway, after several phone calls from the dickhead at Global, I actually went to speak with a guy from Lloyds/TSB. I showed him the letter, and his advice was to ignore it. He told me of this firm, and that it buys old account details, and tries to bully people into giving them money.

 

Afterward, I went home, and found this site via the marvels of Google. I'm so glad I'm not alone, and there are many people willing to help with this matter. After reading up on this thread, I have sent a Statute Barred letter to Global, made a complaint to the right people, and I'm thinking of notifying the police.

 

Yesterday I was frightened. Today, I'm spoiling for a scrap.

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  • 4 months later...

I have also had a letter demanding a payment. Account number and ref number. But no idea who I owe or how much. I tried to phone the number to get the details but they wanted my cc number and it was an automated response thingy so I was no nearer finding out. Then I tried the internet with the same result.

 

So I have sent them an email stating I do not owe anybody any money and consider the letter a [problem]. Hopefully they will now tell me who and what I am supposed to owe. I suspect when my email addy was hacked they used the info to buy something on a buy now pay later style thing. And I get the bill but not the item.

 

Really worried about this as money is so tight. My husband is not well so I have kept quiet.

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whitton..... Do not phone them, secondly never give them any details i.e date of birth, N.I number or full name and address, if this is an old debt over 6 years its statue barred, but if you give them any info confirming who you are they have another 6 years to chase you. If its a new debt that you do not know about, they must give you confirmation to what the debt is, from whom.... others much wiser then me will belong to help you on here shortly, and you will get good advice.

Of course prostitutes have baby's, Where do you think DCA staff come from...............

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whitton..... Do not phone them, secondly never give them any details i.e date of birth, N.I number or full name and address, if this is an old debt over 6 years its statue barred, but if you give them any info confirming who you are they have another 6 years to chase you. If its a new debt that you do not know about, they must give you confirmation to what the debt is, from whom.... others much wiser then me will belong to help you on here shortly, and you will get good advice.

 

 

 

As far as I know, once a debt is "statute barred" it cannot be resurrected - under any circumstances. Being "statute barred" is a total defence in itself.

 

 

Impecunious! :-)

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you might be correct, I was once informed that if they get an admission out of you confirming that its your debt, then they have another six years to chase you for the money, Like I said before better people will be a long to give you better advice then I can......

Of course prostitutes have baby's, Where do you think DCA staff come from...............

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  • 5 months later...

Let me introduce myself, I am a qualified forensic accountant (retired from active practice). The term forensic simply means that I have specialist qualifications in law. There are two points of law that need to be covered here, Privity of Contract and statute of limitations. Lets look at privity first. Any loan be it a revolving account or an actual fixed term loan is covered by several statutes including the law of contract.

For our purposes the law of contract will do nicely. A contract must contain certain elements to be valid and there are two types of contract. One is called a simple contract and the other is a deed. The difference is that a simple contract must contain an element of valuable consideration e.g. money. A deed does not, such as in a deed of gift, and must be under what is known as seal (it used to be required that this be a wax seal usually impressed, later it became customary to use a red stick on label later still it only needed to be stated that it was under seal.

For our purposes it is only necessary to know that a simple contract must be formed between at least two people and that assignment of the rights to enforce that contract must be with the written consent of all original parties. In other words someone can attempt to sell their rights on but without consent of the other party it is worthless. Only the original parties can enforce the rights; assignment would create a separate and new contract. One of the elements required for a contract is reality of consent, if this has not been given then there is no contract, full stop! The thing that has to be determined is if the person has bought the rights of one of the parties to the contract, in which case they have no rights until the other party or parties consent. On the other hand if they have been legaly appointed agent for one of the parties then they can act on their behalf, it is important to determine who the creditor actually is.

Remember it would be a fraud if the person making the demands says they are acting as agent for the original creditor, but have in fact bought the debt. Force the original creditor to state that the person making the demand is in fact their agent. If this proves to be untrue, and they have sold it on then they commit fraud. A point to remember is that in the case of a debt going to court, this must be instigated by the original creditor or their legal representative.

Always take an active intrest, I have seen cases being taken to court by people who do not have an actual right in the debt, and because it is not defended, won by the plaintiff (person or firm bringing the action) simply by default. The defendant has not bothered to defend, a court can not rule on your rights if you do not take the trouble to let them know the facts in some sort of defence. This right of the original parties in a contract is what is called privity of contract.

The second thing that concerns us is the statute of limitations. There seems to be some confusion on this. Basically it is six years from the last demand for payment. The onus would be on the plaintiff (the original creditor) to show that this demand was actually made. There can not, as some people have been told, be a renewal of the statute, it is absolute and can not be revived. However there is an exception to this statute, and this is if any form of criminality is involved on the part of the debtor. (If the original contract is found to be flawed by criminality or fraud on the part of the creditor this voids the contract in any case)

As for proforma letters those on this site will do nicely. After you have won your point by having them back off or simply not wanting to play any more, do not leave it there. The reason why the various government funded consumer affairs are either not interested or have had their wings clipped (the DTI will tell you that they do not act in individual cases) is that politicians want to be seen to be doing something without actually doing so. Generally the post of ombudsman is given to someone who will simply fill a position until they can retire on a large stipend and then take up non executive directorships with those that they have supposed to have protecting you from. Most chief constables are politically minded self serving seat warmers. If fraudulent ****-bags prosper it is because ordinary people let them. Do not leave it there, write to your MP (you will find them on the parliamentary web sites) requiring them to direct questions to the relevant minister. Complain about the toothless DTI and local departments of fair trading (who incidentally quite often suffer from having half their staff off on maternity leave or long term stress related illness). If anyone attempts to claim money that they know they do not have a right to it is called fraud. If any kind of threat is involved or you feel intimidated (including threats to go to court or to involve the police or bailiffs where there is no justifiable reason) this is not just fraud, it is intimidation. Both are a criminal offence. Report the matter to your local chief constable, make him work for his very handsome salary and pension rights. You will not get any action from Politicians who are mostly fraudulent themselves (expenses scandal, amongst other offences against the criminal code) unless you are prepared to force them to it. And you will not get any action from the police until they are made to realise that policing is not about midnight raids to terrify innocent children over something that could have been dealt with on summons, and neither does it involve lots of breaking down of doors screaming like hysterical teenagers, “armed police”. You will get the kind of government you deserve unless you are prepared to add your own straw to the camel's back.

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  • 2 months later...
And anyone else had dealings with this shower. Have looked at most of the threads but cant find FV-1 or Global debt recovery. So maybe we can all come together on this one . x

 

I have just started my relationship with GDR and Tower Investigation, what a horrible man, they made demands for a llyds tsb debt back to 1991 (yes 1991) £1000 they claim a ccj is attached but I've just done online searches on my addresses but can't find any, just done the letters one for statue barred and the other for proof of documentation and enclosed £1.00 He's of on holiday to southern Italy this month, he had time to tell me that. Don't be intimidated by this company or man, he told me its not up to them to prove I owe the money it's up to me to prove I didn't, at no pint did I deny or acknowledge. I think if you just follow the guides you are given by these forums as I have and it should all be good, he will try to intimidate you, so do not enter into any telephone calls, HE IS A GRUBBY LITTLE DEBT COLLECTER. They buy debts at a fraction of the value of the debt. I know I should not have got into debt but they know NOTHING of my circumstances, I aim to stand firm. Good luck with yours. Graham

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I have just started my relationship with GDR and Tower Investigation, what a horrible man, they made demands for a llyds tsb debt back to 1991 (yes 1991) £1000 they claim a ccj is attached but I've just done online searches on my addresses but can't find any, just done the letters one for statue barred and the other for proof of documentation and enclosed £1.00 He's of on holiday to southern Italy this month, he had time to tell me that. Don't be intimidated by this company or man, he told me its not up to them to prove I owe the money it's up to me to prove I didn't, at no pint did I deny or acknowledge. I think if you just follow the guides you are given by these forums as I have and it should all be good, he will try to intimidate you, so do not enter into any telephone calls, HE IS A GRUBBY LITTLE DEBT COLLECTER. They buy debts at a fraction of the value of the debt. I know I should not have got into debt but they know NOTHING of my circumstances, I aim to stand firm. Good luck with yours. Graham

 

A CCJ doesn't become SB, but unless they enforce it within six years they will have to apply to a court for permission to do so however;

 

Section 24 of the Limitations Act 1980....

 

(1) An action shall not be brought upon any judgment after the expiration of six years from the date on which the judgment became enforceable.

 

(2) No arrears of interest in respect of any judgment debt shall be recovered after the expiration of six years from the date on which the interest became due.

 

For this reason alone, cc judges would not normally allow enforcement.

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