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    • Thank you for posting up the results from the sar. The PCN is not compliant with the Protection of Freedoms Act 2012 Schedule 4. Under Section 9 [2][a] they are supposed to specify the parking time. the photographs show your car in motion both entering and leaving the car park thus not parking. If you have to do a Witness Statement later should they finally take you to Court you will have to continue to state that even though you stayed there for several hours in a small car park and the difference between the ANPR times and the actual parking period may only be a matter of a few minutes  nevertheless the CEL have failed to comply with the Act by failing to specify the parking period. However it looks as if your appeal revealed you were the driver the deficient PCN will not help you as the driver. I suspect that it may have been an appeal from the pub that meant that CEL offered you partly a way out  by allowing you to claim you had made an error in registering your vehicle reg. number . This enabled them to reduce the charge to £20 despite them acknowledging that you hadn't registered at all. We have not seen the signs in the car park yet so we do not what is said on them and all the signs say the same thing. It would be unusual for a pub to have  a Permit Holders Only sign which may discourage casual motorists from stopping there. But if that is the sign then as it prohibits any one who doesn't have a permit, then it cannot form a contract with motorists though it may depend on how the signs are worded.
    • Defence and Counterclaim Claim number XXX Claimant Civil Enforcement Limited Defendant XXXXXXXXXXXXX   How much of the claim do you dispute? I dispute the full amount claimed as shown on the claim form.   Do you dispute this claim because you have already paid it? No, for other reasons.   Defence 1. The Defendant is the recorded keeper of XXXXXXX  2. It is denied that the Defendant entered into a contract with the Claimant. 3. As held by the Upper Tax Tribunal in Vehicle Control Services Limited v HMRC [2012] UKUT 129 (TCC), any contract requires offer and acceptance. The Claimant was simply contracted by the landowner to provide car-park management services and is not capable of entering into a contract with the Defendant on its own account, as the car park is owned by and the terms of entry set by the landowner. Accordingly, it is denied that the Claimant has authority to bring this claim. 4. In any case it is denied that the Defendant broke the terms of a contract with the Claimant. 5. The Claimant is attempting double recovery by adding an additional sum not included in the original offer. 6. In a further abuse of the legal process the Claimant is claiming £50 legal representative's costs, even though they have no legal representative. 7. The Particulars of Claim is denied in its entirety. It is denied that the Claimant is entitled to the relief claimed or any relief at all. Signed I am the Defendant - I believe that the facts stated in this form are true XXXXXXXXXXX 01/05/2024   Defendant's date of birth XXXXXXXXXX   Address to which notices about this claim can be sent to you  
    • pop up on the bulk court website detailed on the claimform. [if it is not working return after the w/end or the next day if week time] . When you select ‘Register’, you will be taken to a screen titled ‘Sign in using Government Gateway’.  Choose ‘Create sign in details’ to register for the first time.  You will be asked to provide your name, email address, set a password and a memorable recovery word. You will be emailed your Government Gateway 12-digit User ID.  You should make a note of your memorable word, or password as these are not included in the email.<<**IMPORTANT**  then log in to the bulk court Website .  select respond to a claim and select the start AOS box. .  then using the details required from the claimform . defend all leave jurisdiction unticked  you DO NOT file a defence at this time [BUT you MUST file a defence regardless by day 33 ] click thru to the end confirm and exit the website .get a CPR 31:14 request running to the solicitors https://www.consumeractiongroup.co.uk/forum/showthread.php?486334-CPR-31.14-Request-to-use-on-receipt-of-a-PPC-(-Private-Land-Parking-Court-Claim type your name ONLY no need to sign anything .you DO NOT await the return of paperwork. you MUST file a defence regardless by day 33 from the date on the claimform.
    • well post it here as a text in a the msg reply half of it is blanked out. dx  
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Diskmandave -v- Robinson, Way & Co - The Never Ending Story


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Didn't really want to poke the bear on this one without a valid reason, but heck... They called, so here we go! It's only £1k, payments uptodate and The Bear is seeking a £1/month increase in payment.

 

05/03/07 - CCA request sent... (by Rec/Del).

 

Watch this space!

 

Will post scans of letters soon!

 

-diskmandave-

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CCA request signed for by RW&C today, but i've dressed it up a little.....

 

I can afford to play games on this one and see where they go with it.

 

1. Said would agree to £1/month increase they requested.

2. Asked for settlement figure as they've offered generous ones in the past.

3. Requested full CCA request compliance, to the letter of the law.

4. Tried as hard as possible to make it difficult to warrant a standard response.

 

Read quite a few RW&C threads tonight so have a general idea of what to expext back, who knows, might even get something we've never seen before?? Tick tock..............!

 

Dave.

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'Phone call already! My Mother answered and got confused with the name and asked, "are you the solicitors?" To which the nice lady answered YES!

 

Going to be an interesting conversation later when the nice lady calls back! :lol:

 

They wish! :p

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Well, the nice lady has just called me back... :)

 

Amazingly friendly! :o

 

Getting a copy of the original agreement won't be a problem, but I should understand that even though they've owned this account for the last 8 years that requesting it from the original creditor may take some weeks!!! I sooooo wanted to say some choice things at this point, but I know i'm winning this so kept it zipped!! (They haven't got the agreement!)

 

Next, went on to offer me an amazing settlement figure. 50% off, even though in the past have been told that 25% is the most they will ever offer, last had that conversation before Christmas... Told her to put it in writing to which she readily agreed and asked ever so nicely if I would call her as soon as I had the formal offer to make payment!

 

Finishing the call she actually thanked me for my time!

 

WHO THINKS THEY'LL PRODUCE AN AGREEMENT THEN? :p

 

Amazingly friendly! :o

 

Seems the RW&C bear CAN be poked after all!

 

How the tide has turned ehh?!

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Read quite a few RW&C threads tonight so have a general idea of what to expext back, who knows, might even get something we've never seen before??

 

I don't think i've seen the above response posted anywhere?!

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Great news Dave, lets hope that you get the settlement offer in writing asap! Oh and while you are at it, bottle what ever it is that makes these companies behave properly (no harrassment? no bully tactics?!!) , and I will be first in line to buy some!

 

PS (quote)

" and asked ever so nicely if I would call her as soon as I had the formal offer to make payment!"

I hope that it is not an 0870 tel no LOL

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Robinson way are one of those 'fag end' debt collectors, i used to work for them part time many years ago collecting debts at the same time as collecting for london scottish which is the parent company, the commision was lousy and i didn't have the heart to take more than a pound a week off everyone so i got sacked!!! hee hee.

They are bottom feeders.

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Nice to hear from someone on the inside gavv8, are you still in the collection game?

 

Could you expand on your post and pass on some tips & tricks of the trade,

for the greater good of course! (you sound like you have a conscience LOL)

 

Regards, Dave.

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It was at least 6 or 7 years ago now, i am a honest lorry driver now!!

The way i got in to it was by getting a loan with london scottish ( i was younger and stupider) and getting to know the collection agent who was actually very nice, she asked me if i wanted to make a few extra pennies and so i became a collector, no training, no licence and due to rob way being part of lon scot group i would get debts put in my book from time to time, never more than a couple of hundred quid and usually utility or catalogue debts, i would call at the address, ask if they wanted to pay anything, if they did fine and if not never mind.

i was under the impression that no one at london scottish really cared and i felt bad knocking on peoples door asking for money so i just reduced everyone in my books payment to 1 pound a week!

the manager didn't like that, accused me of trying to defraud london scottish so i smacked him one in the mouth and left.

funnily enough i bumped in to him a few years later when i was buying a new car and he took one look at me and ran, funniest thing i ever saw..

But i digress, robinson way are pond life and london scottish are parasites feeding on the very poorest in society, run a mile if they ever knock on your door.. but thats just my opinion.

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That's so funny! I'm a truck driver too! (Sunlight) Delivered for many a year (20!) opposite LSH, 24 Mount Street Mcr, to Holiday Inn (Midland Hotel), Mcr.

 

Wouldn't mind having a go at that game myself just to get in on the inside and report back here, loads of time on my hands!

 

Regards, Dave.

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Dead easy, call in to one of the l&s offices near where you live, ask if they are looking for collection agents and go from there.
Diskmandave goes undercover

 

That would be fun

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To update my thread... Got a reply today... Really thought we'ld made some ground! Absolute cr*p!!! Got the standard, thank you for your £1 payment letter! So, against all my advise, called them and took total control of the conversation, the nice guy called me "SIR" throughout and thanked me for pointing out their mistake (!) ! Even though I asked for a settlement and they gave it me verbally from the original letter...

 

This just gets better!

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lol

Me Vs AA/Blair Oliver - Defaulted on CCA, Committed Criminal Offence, started chasing payment

 

Me Vs Great Universal - Wrote off the 2k balance, couldnt supply docs

http://www.consumeractiongroup.co.uk/forum/debt-collectors-debt-collection/74209-me-littlewoods-catalogue.html

 

My Friend Vs Lowell Portfolio - Balance written off, all action stopped!

http://www.consumeractiongroup.co.uk/forum/debt-collectors-debt-collection/75075-my-friend-lowell-victory.html

 

My Friend Vs Empire Catalogue - Balance Cleared

http://www.consumeractiongroup.co.uk/forum/debt-collectors-debt-collection/75713-my-friend-empire-droyds.html

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OK! Back to the story, we're digressing a little now! :lol:

 

Nothing that spectacular to report other than they've gone back to their silly games routine, 1st called me and asked if I minded if CCA took a little longer due to them not actually having a copy even though they've owned the debt for the last eight years. 2nd sent me the thanks for your payment of £1 on your account letter. 3rd (today) Got a letter informing me that they accept my repayment proposal, that I have a week to pay it in full or the whole balance becomes due! (I seem to remember asking for a settlement figure, not providing a repayment proposal!)

 

Ok, I did e-mail their Manchester Office on Saturday night asking if they were looking for doorstep collectors in my area. I've not had a reply back yet so I think i'll let that lie until they actually get back to me.

 

That just about brings that uptodate...

 

Dave .

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so what do you do about the fact they have taken your £1 as payment?

Me Vs AA/Blair Oliver - Defaulted on CCA, Committed Criminal Offence, started chasing payment

 

Me Vs Great Universal - Wrote off the 2k balance, couldnt supply docs

http://www.consumeractiongroup.co.uk/forum/debt-collectors-debt-collection/74209-me-littlewoods-catalogue.html

 

My Friend Vs Lowell Portfolio - Balance written off, all action stopped!

http://www.consumeractiongroup.co.uk/forum/debt-collectors-debt-collection/75075-my-friend-lowell-victory.html

 

My Friend Vs Empire Catalogue - Balance Cleared

http://www.consumeractiongroup.co.uk/forum/debt-collectors-debt-collection/75713-my-friend-empire-droyds.html

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Nothing! It's up to them what they do with the £1. They can even send it back and not accept it, but that doesn't alter the fact that they have to comply with the request. Keep copies of everything, print proof of delivery, staple everything together. Their whole attitude changes for the better when they realise that it's them on the recieving end of the CC Act!

 

The nice lady actually called me last week and asked if I minded if it took a few weeks to get the copy agreement, fine I said, she thanked me for my time and hung up. But, i'll still stop paying them when the 12 days are up, that's the law!

 

Regards, Dave.

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Got a call on my mobile yesterday (21st), a contract one that's not even listed, but that's for another day..

 

Rang back, didn't even get a hello.

RW:"who's calling?"

DMD:"not telling, you haven't introduced yourself yet, i'm returning a call from an unknown number"

RW:"it's RW&C, can you confirm the number we called please"

(complete contempt in my voice from hereonin!)

DMD:"certainly, it's 07..................."

RW:"thank you, is this mr diskmandave?"

DMD:"it is, nice to talk to you this morning! "

RW:"why have you defaulted on your F&FS proposal that we accepted?"

DMD:"I didn't propose a F&FS, I asked you to make me an offer but you just jumped the gun and assumed i'ld automatically accept it at 50%"

RW:"are you in a position to pay this now to clear these arrears on your account?!

DMD:"no, you still haven't made me an offer to settle in full, you've just assumed that I will"

RW:"You must make sure you pay the increased payment you agreed to then"

DMD:"nope, both the prior were subject to you complying with my CCA request"

RW:"there's nothing on the system regarding that sir"

DMD:"I formed my letter so that you would reply to at least 2 of the 3 requests on it, which you have, you've also cashed the PO, and you signed for the letter which I have proof of, that's enough for a court"

RW:"the ****ty silence!"

RW:"i'll have to.."

DMD BUTTS IN:"you do know the law... do you?!" (old lowell joke!)

RW:"i'm going to have to pass this to our senior collections manager sir"

DMD:"she'll know the law, won't she?"

RW:"i'm going to put your account in dispute and pass this to our scm sir, I can't deal with this, thank you for calling today"

DMD:"it's been great talking to you to!"

click...............

 

Now taking bets on them providing an agreement.............. ;-)

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