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    • Particular's of claim for reference only 1. the claim is for the sum of £6163.61due by the defendant under an agreement regulated by the consumer credit act 1974 for hsbc uk bank plc. Account (16 digits) 2. The defendant failed to maintain contractual payments required by the agreement and a default notice was served under s 87(1)  of the consumer credit act 1974 which as not been compiled with. 3. The debt was legally assigned to the Claimant on 23/08/23, notice on which as been given to the defendant.  4. The claim includes statutory interest under S.69 of the county courts act 1984 at a rate of 8% per annum from the date of assignment to the date of issue of these proceedings in the sum of £117.53 the Claimant claims the sum of £6281.14. Suggested defence 1. The Defendant contends the particulars of the claim are generic in nature. The Defendant accordingly sets out its case below and relies on CPR r 16.3 (3) in relation to any particular allegation to which a specific response has not been made. 2. The claimant has not complied with paragraph 3 of the PAPDC (Pre action protocol) failed to serve a letter of claim pre claim pursuant to PAPDC changes of the 1st of October 2017. It is respectfully requested that the court take this into consideration pursuant 7.1 PAPDC. 3. Paragraph 1 is noted. I have in the past had financial dealings but do not recognise this specific account number or recollect any outstanding debt and have therefore requested clarification. 4. Paragraph 2 is denied. I have not been served with a default notice pursuant to the consumer credit act 1974. 5. Paragraph 3 is denied. i am unaware of any legal assignment or notice of assignment. A copy of assignment was sent by Overdales solicitors when acknowledgement of receipt of CPR request was received, but this was not the original.   6. Paragraph 4 is denied. Neither the original creditor or the assignee have served notice pursuant to sec86c of the Credit Consumer Act 1974 Notice of Sums in Arrears and therefore prevented from charging interest on debt regulated by the CCA1974. 7. The defendant submitted a request for a copy of the alleged agreement pursuant to s78 CCA 1974. The claimant has acknowledged receipt of request but has failed to comply. The claimant has failed to provide any evidence of balance or Default Notice requested by CPR 31.14 8. It is therefore denied with regards to defendant owing any monies to the claimant. therefore the claimant is put to strict proof to:  a.  Show how the defendant has entered into an agreement with HSBC. b.  Show and evidence the nature of breach and service of a Default notice pursuant to section 87 (1) CCA 1974. c.  Show and quantify how the defendant has reached the amount claimed for. d.  Show how the claimant has the legal right, either under statute or equity  to issue a claim. 8.  As per civil procedure rule 16.5 (4) it is expected claimant prove the allegation that the money is owed. 9.  Until such time the claimant can comply to a section 78 request he is not entitled, while the default continues, to enforce the agreement 10. By reasons of the facts and matters set out above, it is denied that the claimant is entitled to the relief claimed or any relief.     .
    • OK, well rereading the court orders from March, in the cold light of day rather than when knackered late at night, it is quite clear that on 25 June there will only be a preliminary hearing about Laura representing her son.  Nothing more. It's lazy DCBL who haven't read things properly and have stupidly sent their Witness Statement early. Laura & I had already been working on a WS, and here it is.  It needs tweaking now after reading the rubbish that DCBL sent and after all of LFI's comments.  But the "meat" is there. Defendant's WS - version 1.pdf
    • Morning, I purchased a car from Big Motoring World on 10th December 2023 for £14899.00. On the 15th December I had a problem with the auto start stop function of the car in which the car would stop in the middle of the road with a stop start error message. I called the big assist and the car was booked in for February. The BMW was with them for a week and it came back with the auto stop start feature all fine and all error codes cleared on the report from big motoring world. within 5 days I had the same issue. Warning light coming on and the car stopping. I called big assist again and the car was again booked in for an other repair in May. Car was taken back in may, they had the car for a week and returned with the report saying no issue with the auto stop start feature and blamed my driving. Within 5 days of having the car back it broke down again. This time undrivable. I had the rac pick my car up and take to Stephen James BMW for a full diagnostic. The diagnostic came back with the car needing a new fuel system as magnetic swarf was found.  I have sent big motoring world a letter stating all the issues and that under the consumer rights act 2015 I have asked for a replacement vehicle. all reports from Stephen James BMW have been sent over to big motoring world. Big motoring world have come back and said they will respond to my complaint within 14 days for the date of my complaint letter. I am not feeling confident on the response from them, what are my next steps?   Thanks in advance. 
    • That is really good is that a mistake last off "driver doesn't have a licence" I assume that should be keeper? The Court requested me to send the Court and applicant proof of my sons disability from their GP this clearly shows he has Severe Mental Impairement, he is also illiterate.  I naively assumed once the applicant received this that they would drop the claim.  It offends me that Bank has asked the Judge to throw the case out at the preliminary hearing and to make us pay up.
    • Hi, we are looking to get some opinions on weather or not to bother fighting this PCN. This comes from a very big retail park parking where there are restaurants, hotel, amongst other businesses. The parking is free but I suppose there must be a time limit on it that I am not aware of. We were in the area for around 4 hours. Makes us wonder how they deal with people staying in the hotel as the ANPR is on what appears to be a publicly maintained street (where london buses run) which leads to the different parking areas including the hotel.  1 Date of the infringement 26/05/2024 2 Date on the NTK  31/05/2024 3 Date received 07/06/2024 4 Does the NTK mention schedule 4 of The Protections of Freedoms Act 2012? [Y/N?]  YES 5 Is there any photographic evidence of the event? Entry and exit photos however, based on the photographs we are almost sure the photos are taken on public street. This is the location I believe photos are taken from.  https://maps.app.goo.gl/eii8zSmFFhVZDRpbA 6 Have you appealed? [Y/N?] post up your appeal] No Have you had a response? [Y/N?] post it up N/A 7 Who is the parking company? UKPA. UK Parking Administration LTD 8. Where exactly [carpark name and town] The Colonnades, Croydon, CR0 4RQ For either option, does it say which appeals body they operate under. British Parking Association (BPA) Thanks in advance for any assistance.  UKPA PCN The Collonades-redacted.pdf
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UKPC parking invoice - tesco Faraday retail park,Coatbank Street, Coatbridge. ML5 3SQ scotland


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Nah, you're definitely not screwed. They've got a lot of hurdles still to clear. They still have to find you and if you tell your old man not to pass on your address they'll eventually give up.

 

Even if they get lucky they still have a bunch of other things to overcome.

 

See this thread - http://www.consumeractiongroup.co.uk/forum/parking-traffic-offences/164651-problems-ppcs-face.html

 

and this link here which used to be a sticky here but has now disappeared.

 

They should make it clear that the PPC's that there is a vast amount of consumer and contract law to defend yourself with in the unlikely event that they try to take you to court.

 

I would continue to ignore their drivel and get your old man to ignore them as well.

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See now, just today I parked in the "Set Down" bay of tescos in Northampton (under instruction of the customer services manager) because I had a rather large Convection Oven to return and a new one (replacement) to collect. It took me a total of 18 mins start to finish to drop off the broken oven and walk out of the store with my new one. As I approached my car I saw an indian chappie attaching something to my windscreen. Upon inspection I discovered it was a parking ticket (for £70) for parking in the set down bay for more than 5 mins. I challenged the attendant on the subject and even the Customer services manager agreed with me and pointed out that the ticket wasn`t needed as I had permission from the "Land Owner" to be parked in that bay.

 

This was greeted by "Tough" "Pay the ticket or I`ll go to court".

 

These were the Exact words used by a 21 to 25 yr old with a hat that was a lil too big for him.

 

I`m not one for idle threats.

 

I explained to the simpleton that I was a groundsman and that in the back of my Jeep I had an array of shotguns. at which point he jumped in his Corsa Van and beat a hasty retreat.

 

As I already said, I`m not one for Idle threats.

 

So I pursued him out of Tesco`s and onto the A43. I chased him for 18 miles until he finally lost control of his van and ended up in a hedge.

 

I then found myself pulling him through the already broken window of his van and searching his person until I found his Ticket Book.

 

As he wailed and begged for his life I removed every duplicate ticket stub, and then calmly handed the (now worthless) ticket book back to him.

 

I foresee this as being an end to any contact with UKPC and myself.

 

 

On a side line (FYI as it were) Should DVLA pass on your details to a Cowboy Outfit such as UKPC they are breaching the Data Protection Act. (The Data protection Act covers the individual and not the company) And therefore leave themselves open to prosecution.

 

 

I would not advise anyone to do what I have done. But it was a lot of fun.;)

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See now, just today I parked in the "Set Down" bay of tescos in Northampton (under instruction of the customer services manager) because I had a rather large Convection Oven to return and a new one (replacement) to collect. It took me a total of 18 mins start to finish to drop off the broken oven and walk out of the store with my new one. As I approached my car I saw an indian chappie attaching something to my windscreen. Upon inspection I discovered it was a parking ticket (for £70) for parking in the set down bay for more than 5 mins. I challenged the attendant on the subject and even the Customer services manager agreed with me and pointed out that the ticket wasn`t needed as I had permission from the "Land Owner" to be parked in that bay.

 

This was greeted by "Tough" "Pay the ticket or I`ll go to court".

 

These were the Exact words used by a 21 to 25 yr old with a hat that was a lil too big for him.

 

I`m not one for idle threats.

 

I explained to the simpleton that I was a groundsman and that in the back of my Jeep I had an array of shotguns. at which point he jumped in his Corsa Van and beat a hasty retreat.

 

As I already said, I`m not one for Idle threats.

 

So I pursued him out of Tesco`s and onto the A43. I chased him for 18 miles until he finally lost control of his van and ended up in a hedge.

 

I then found myself pulling him through the already broken window of his van and searching his person until I found his Ticket Book.

 

As he wailed and begged for his life I removed every duplicate ticket stub, and then calmly handed the (now worthless) ticket book back to him.

 

I foresee this as being an end to any contact with UKPC and myself.

 

 

On a side line (FYI as it were) Should DVLA pass on your details to a Cowboy Outfit such as UKPC they are breaching the Data Protection Act. (The Data protection Act covers the individual and not the company) And therefore leave themselves open to prosecution.

 

 

I would not advise anyone to do what I have done. But it was a lot of fun.;)

 

This fantasy story has so many holes in it it should be made into a film.

Anyone wanting genuine advice should ignore all this post.

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Dudley, many others dream, just like you!

 

Fortunately, the laws on shotgun ownership are there just for people like you.

 

Sam the Eagle

All of these are on behalf of a friend.. Cabot - [There's no CCA!]

CapQuest - [There's no CCA!]

Barclays - Zinc, [There's no CCA!]

Robinson Way - Written off!

NatWest - Written off!

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I had to share the recent development just to provide further evidence that these companies are dishonest and unprofessional.

 

Late last week I received my 2nd Rossendales Collect letter, surprisingly with no detectable spelling or grammatical errors. Well done Paul Lee, Collections Department. Anyway, I had to call up again, I was bored and fancied a bit of fun.

 

So I phoned up once and got through to [EDIT] number 1 who sounded like they were at a football match or shopping mall. He was taking me through security and asked me for my contact number to see if it matched. Naturally, I refused to fall for this cunning(??) plan and said I was not giving it. He would not ask me anymore security questions in it's place and told me that it doesn't matter who I get through to, I will need to give a contact number. Conversation ends.

 

I can't say that [EDIT] number 1 at football match convinced me with that rubbish, so I phone it again.

 

This time I get through to [EDIT] number 2 who is in a deadly quiet place. He takes me through security and then at the end asks for a contact number for reference and I say I would rather not provide that. He says that would be fine and the conversation continued. After much pleading that they accelerate the court proceedings to save them having to send letters that will make no difference and failing I asked one last question. "What contact number do you have for me out of interest?", "We don't have one Sir".

 

Moral of the story, NEVER EVER answer any question that this company asks around a phone number. There is a chance that they may not have it and you certainly don't want [EDIT] number 1 at football match or [EDIT] number 2 in deadly quiet place calling you.

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I'm now about 6 letters in and at the Churchill recovery phase, followed the sound advice on here and ignored the lot. However I got a call from a charmless individual from Rossendales who asked me to pay up my answer after a couple of minutes was no. The interesting bit is I dialled 1471 after he rang off and got his number. It wasn't a mobile but a landline, is it of any use or nuisance value to publish it on here???

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See now, just today I parked in the "Set Down" bay of tescos in Northampton (under instruction of the customer services manager) because I had a rather large Convection Oven to return and a new one (replacement) to collect. It took me a total of 18 mins start to finish to drop off the broken oven and walk out of the store with my new one. As I approached my car I saw an indian chappie attaching something to my windscreen. Upon inspection I discovered it was a parking ticket (for £70) for parking in the set down bay for more than 5 mins. I challenged the attendant on the subject and even the Customer services manager agreed with me and pointed out that the ticket wasn`t needed as I had permission from the "Land Owner" to be parked in that bay.

 

This was greeted by "Tough" "Pay the ticket or I`ll go to court".

 

These were the Exact words used by a 21 to 25 yr old with a hat that was a lil too big for him.

 

I`m not one for idle threats.

 

I explained to the simpleton that I was a groundsman and that in the back of my Jeep I had an array of shotguns. at which point he jumped in his Corsa Van and beat a hasty retreat.

 

As I already said, I`m not one for Idle threats.

 

So I pursued him out of Tesco`s and onto the A43. I chased him for 18 miles until he finally lost control of his van and ended up in a hedge.

 

I then found myself pulling him through the already broken window of his van and searching his person until I found his Ticket Book.

 

As he wailed and begged for his life I removed every duplicate ticket stub, and then calmly handed the (now worthless) ticket book back to him.

 

I foresee this as being an end to any contact with UKPC and myself.

 

 

On a side line (FYI as it were) Should DVLA pass on your details to a Cowboy Outfit such as UKPC they are breaching the Data Protection Act. (The Data protection Act covers the individual and not the company) And therefore leave themselves open to prosecution.

 

 

I would not advise anyone to do what I have done. But it was a lot of fun.;)

I really do hope this is a joke or some type of brevado...

 

cag does not condone this type of behaviour... its illegal, and if true you should be prosecuted and locked up IMO.

Edited by HSBCrusher
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TBH, i person like that can be prosecuted and be done for threatening with guns. What you did was totally wrong even tho he gave u a ticket. U shud have just ignored it.

 

I would have ripped it up in his face and threw it at him.

 

Now, i have sorted my dad out and he sez that he aint gona get involved and is leaving it to me.

 

The problem i have is that they will contact my home phone while im at uni, and i want to be the one to sort them out. Shall i tell them to contact me by mobile because i think one of my family members could screw it up.

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The problem i have is that they will contact my home phone while im at uni, and i want to be the one to sort them out. Shall i tell them to contact me by mobile because i think one of my family members could screw it up.

 

You should be making sure that they don't have any of your contact details at all, and certainly don't want to be giving them further choices of numbers to ring.

 

If they do ring I would either

a) answer phone, put on coffee table (off the hook) go back to watching TV

b) Say "Sorry, you'll need to put that in writing. Goodbye"

 

I prefer a) :)

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I usually threaten them with a Vulcan Death Pinch before hypnotising them at which point they throw all their clothes on the floor and start running round the car park sniffing lamp posts and barking...works every time...

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hi there, great site, anyway have a slight problem sbout ukpc and after reding about others seems i am not the only one, i was parked on Merryhill shopping centre and was not on the actual car park but on a side road on the Merryhill, my concern is that my partner was ticketed for obstructing a zebra crossing, bearing in mind this is just a few white line painted on the road, no zig zags no orange becons, my concern here is that if i was not on the car park itself but on a road that is listed as Time square avenue isn't that part of the highway? which then brings into qustion that a ledging someone is causing an obstruction on a crossing is a criminal matter as not been decriminilised and therefore not a civil matter. they took a picture of the car but clearly is not over on the crossing and where i was parked, oppersit to my left was dissable bays placed up to the crossing, how is it not obstruction that side but my side is? also we have a disable badge displayed not that counts anymore but feel they are in the wrong.i tild my parner to identify me as i was the driver but contested the parking ticket, there scaremungering tackets do not scare me as i told them they wish to continue enforcing the issue then we wish to be ealt with at court. so you think they will bother? sorry its a bit lenthy but need alittle help here. remember i was not on a car park.

Edited by disputeyourticket
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Too late now, but would probably have been best to completely ignore them.

 

Going back to your point of it being a "zebra crossing" and therefore maybe legal issue, no it's not for several reasons;

If it were on the highway then UKPC would have no right to ticket you as it would be an official police/council matter. Also on a highway the road markings would have been correct, i.e. a zebra crossing cannnot exist without zigzag lines to each side and the beleasha beacons.

 

Having said that, courtesy dictates you should not obstruct this area which was clearly laid out to assist people crossing the car parking area.

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I drove my husband's car to shopping tesco in Southampton and had a parking charge notice ticket £60 from Britannia Parking Ltd in West Quay retail park yesterday . The reason for that it says I have failed to display a valid ticket during the two hours. I didn't know the reason until I asked the person who have given me a ticket. He explained to me this car park has started charging now. It has been cancelled two hours free policy, then every one has to buy ticket if parking here. I didn't realize because the sign is not big enough to see. Could any one give me some idea how can I deal with this ticket? £40 charge within 14 days.

Do I need to write a letter to explain that I didn't see the sign and attached the tesco receipt to prove with my name and signature? Or I am waiting their letter and let my husband wrote a letter to say he is not driver that moment?

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I drove my husband's car to shopping tesco in Southampton and had a parking charge notice ticket £60 from Britannia Parking Ltd in West Quay retail park yesterday . The reason for that it says I have failed to display a valid ticket during the two hours. I didn't know the reason until I asked the person who have given me a ticket. He explained to me this car park has started charging now. It has been cancelled two hours free policy, then every one has to buy ticket if parking here. I didn't realize because the sign is not big enough to see. Could any one give me some idea how can I deal with this ticket? £40 charge within 14 days.

Do I need to write a letter to explain that I didn't see the sign and attached the tesco receipt to prove with my name and signature? Or I am waiting their letter and let my husband wrote a letter to say he is not driver that moment?

 

Don't panic. The simple answer is no - don't write and don't pay.

 

This ticket is not backed up by statute law unlike the ones the councils and the cops issue. In fact ticket is a misnomer. What you have is an invoice for an alleged breach of contract. They are alleging that the driver agreed to the terms of the contract on their sign.

 

As you didn't see the signs there is no way you could have agreed to their contract.

 

Also the legal remedy for a breach of contract is damages. For contractural damages the intent is to put the offended party in the same position as if the breach had not occurred. It is not intended to punish. So at the most you owe them the parking fee you should have paid. £40 is clearly a contractural penalty and invalid under case law in this country (Dunlop vs New Garage (1915)). It also breaches the Unfair terms in consumer contracts act as well.

 

So you should just ignore their bumf. This is a [problem] and they will almost certainly reject your appeal if you write. I would advise against writing as they only seem to pester you with ever increasing demands for money.

 

Be prepared for a few letters from Brittania anyway. They will obtain the Registered Keeper details from the DVLA and send the RK demands that grow increasingly threatening and increasingly desperate. The RK is under no obligation to name the driver and cannot be entered into a contract by a third party (i.e. if the driver is different from the RK then the PPC must persue the driver).

 

Stand your ground, don't pay and in the unlikely event that they issue court proceedings post back here for how to prepare your defense.

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

This does not constitute legal advice and is not represented as a substitute for legal advice from an appropriately qualified person or firm.

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

 

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Don't panic. The simple answer is no - don't write and don't pay.

 

This ticket is not backed up by statute law unlike the ones the councils and the cops issue. In fact ticket is a misnomer. What you have is an invoice for an alleged breach of contract. They are alleging that the driver agreed to the terms of the contract on their sign.

 

As you didn't see the signs there is no way you could have agreed to their contract.

 

Also the legal remedy for a breach of contract is damages. For contractural damages the intent is to put the offended party in the same position as if the breach had not occurred. It is not intended to punish. So at the most you owe them the parking fee you should have paid. £40 is clearly a contractural penalty and invalid under case law in this country (Dunlop vs New Garage (1915)). It also breaches the Unfair terms in consumer contracts act as well.

 

So you should just ignore their bumf. This is a [problem] and they will almost certainly reject your appeal if you write. I would advise against writing as they only seem to pester you with ever increasing demands for money.

 

Be prepared for a few letters from Brittania anyway. They will obtain the Registered Keeper details from the DVLA and send the RK demands that grow increasingly threatening and increasingly desperate. The RK is under no obligation to name the driver and cannot be entered into a contract by a third party (i.e. if the driver is different from the RK then the PPC must persue the driver).

 

Stand your ground, don't pay and in the unlikely event that they issue court proceedings post back here for how to prepare your defense.

 

Many thanks for your suggestion. I am waiting to see their first letter. and Can I use my husband's name to write a letter to say he is not driver, and ask for evidence who is the driver?

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What! after all the advise, why are still considering it or bothering write to anybody?

Just look at all the other posts; you have no need to worry or do anything.

Get on with your life and dont let these people bother you, its all a money making [problem]!

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What! after all the advise, why are still considering it or bothering write to anybody?

Just look at all the other posts; you have no need to worry or do anything.

Get on with your life and dont let these people bother you, its all a money making [problem]!

Seconded

Please remember our troops, fighting and dying in our name. God protect them.

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What! after all the advise, why are still considering it or bothering write to anybody?

Just look at all the other posts; you have no need to worry or do anything.

Get on with your life and dont let these people bother you, its all a money making [problem]!

 

If I ignore the letter, I am afraid the debt collection will come to my house in the end. Do I need ignore any letter they sent to me?

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yes, its that easy. have a read around on the forum too that the debt collector visit is just meaningless rubbish. its a mail based [problem], ignore the mail and the [problem] is busted. the point of their letters is to make you believe that its not a [problem] but we know the reality..

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i thought it did. i pointed this out to one ot the twats that issue the tickets who seemed to be ignorant to the fact. i ha great pleasure in telling him as he was just about to issue a ticket, while people were passing.

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If you believe the debt it due and it was legitimately incurred, then by all means pay it. However, it's worth remembering;

 

1) If you didn't agree to the charge - then do debt exists. If a collector calls, you can tell him this. His visit is no different from the calls you already receive from double glazing salesmen, and sundry other cold callers. Would you buy from them too because they called?

 

2) It costs firms a lot of money to send someone 'to your door'. It is the threat of this that makes people embarrassed and pay up - which is EXACTLY what they want. For the cost of a few 1st class stamps, you're prepared to pay out good money that doesn't belong to them. Ask yourself why.

 

3) Don't be bullied. There are other mugs that are willing to be victims - don't add yourself to the list.

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If I ignore the letter, I am afraid the debt collection will come to my house in the end. Do I need ignore any letter they sent to me?

No-one will come to your house, they rely on the panic that the mere suggestion invokes in people to obtain payment.

It is a [problem] just ignore

regards

Please remember our troops, fighting and dying in our name. God protect them.

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Hi there,

 

I have been reading this topic as I have been fined by UKPC for parking in a disabled bay over christmas at Tesco's. The bays weren't painted right and was thinking of making an appeal, but I have took the advice on here and said nothing.

 

I could not make an appeal now as Tesco have repainted the bays the right colour! :p

 

I have now recieved my second letter from UKPC. I havn't opened it yet, as I was wondering whether to right "Not known at address" on the letter and stick it back in the post?

 

Or am I best to keep ignoring and not even read the letters :D

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