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    • Hello, Firstly, I am a few steps into this whole process so unfortunately I have missed out on the advice which states what I should have done initially. I am hoping I can still salvage my situation from this point. Facts- - I own the flat and the parking bay that comes with it. - The management company have hired a separate company (LinkParking) to manage the parking. - I have a permit for my car but my car was elsewhere which is why I couldn't give the permit to anyone else. - My girlfriend parked her car in my bay without a valid permit, instead we had a photocopy of the original permit- I realise this is where I went wrong but the original permit itself was printed on a piece of A4 paper AND when I bought the flat I was never told about requiring a permit and had issues with these guys before. Unfortunately we appealed to LinkParking with a substandard appeal (I realise this was substandard after reading through everything else on these forums). They of course denied it. We then appealed to IAS directly based on guidance from other websites, copy of the appeal is below- I was issued with a parking ticket on 20/12/2019 but I believe it was unfairly issued. I have responded to this notice and 'LinkParking' have denied my appeal and have requested I contact the IAS. I am writing to you as per Section 7.4.2 from the IPC Code of Practice and would therefore like appeal this notice on the following points The car was parked in my own car parking bay which I OWN. I was still unfairly issued with parking tickets. The lease agreement does not state that I require a permit to park in the bay as I own the property and the parking bay that comes with it as per the HM Land and Registry register. This lease has primacy of contract over any agreement the management company may have with LinkParking and therefore legally is invalid. The large sum demanded amounts to a penalty and/or is not an accurate reflection of any loss suffered so it is not a reasonable charge. The monetary claim is disproportionate, punitive and unjustifiable in total. It may also be an unfair term and therefore in breach of Schedule 2 of the Consumer Contracts Regulations 1999. The contractual breach can have caused no financial loss whatever to LinkParking or to the land owner. Once again, the car was parked in my OWN bay and therefore did not cause damage to any third parties. The Parking Charge Notice constitutes an invoice for payment. Accordingly the invoiced charge must include an element of VAT. However, the parking charge notice does not state either a VAT registration number or an invoice reference number and so cannot constitute a lawfully valid demand for payment. Having examined the parking charge notice further I believe it is a non compliant demand for payment as the notice wrongly requires payment to be made “within” 28 days of issue which is contrary to statutory requirement that provides a period of 28 days from the date of receipt. As a sign of good faith, I had purchased a permit anyway to avoid any unnecessary hassle for both parties but have been issued a notice anyway which is unacceptable. I understand that LinkParking are appointed to monitor the car park to prevent trespassers and I agree with this but it seems it is the residents that are being 'ticketed' without good reason for parking in their own bay. I look forward to hearing from you. We have now received the following response today- The operator made their prima facie case on 27/01/2020 14:10:48. The operator reported that... The appellant was the driver The appellant was the keeper The operator is seeking keeper liability in accordance with PoFA.. A manual ticket was placed on the vehicle The ticket was issued on 29/12/2019 The charge is based in contract The Operator made the following comments... The appellant parked their vehicle on land we manage and incurred a charge as they were not displaying a valid permit. Our signs clearly advertise the terms of parking and the charges which apply if they are met. The appellant chose to display a very poor copy of one of our permits, it is a fraction of the size of a valid one. We are unsure why they chose to do this and to date we have not received an explanation. We do not have to prove any loss and invoice does not have to have a VAT number on it if the issuer is not VAT registered. Our PCNs have passed audits by the IPC and DVLA. In addition to this I have also looked through all my documentation with regards to any requirements to require displaying a permit in the contract and I can't find anything. I've owned the flat for almost 2 years now and I do not believe I was given any documentation which mentions this. I have also looked at the HM Land Registry document which doesn't state I need a permit and I believe this ties in with the Primacy of Contract (my law understanding isn't the best). I have also contacted the management company last week to request all information from them with regards to giving me copies of documentation which covers car parking, building services etc. so I have everything. What really annoys me is that I didn't cause anyone any damage AND I WAS PARKED IN MY OWN BAY!!! I really hope I haven't messed it up too much and this can be salved. Any help for a response is greatly appreciated! Thanks!
    • Yes DX, both come up as Cap 1, one a classic Card and the other a Mastercard. 
    • Now that you have the proof - I think its time to consider taking legal action against the Bank.  Remind me who made the decision at the FOS? Adjudicator or Ombudsman? 
    • I would be starting by sending Plusnet a SAR and gather all your data......one DD for two accounts...alarm bells ringing.   Andy
    • Its easier if you wait until you get the claimant's statement...then you can use this as a guide on the points they will rely on and then simply respond by refuting or agreeing or offering alternative argument.   Problem is they tend to leave it to the death and you dont have time..or they wait for yours first then counter your points.If they fail to serve a statement at all then thats a good sign that they are getting ready to discontinue the claim....   Here is an example...and I stress example ....no use to you apart from showing you the usual layout into and conclusion.   Witness statement Lob.pdf
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Fred Bassett

Fred Bassett v MBNA

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That's interesting.. might be worth checking with Companies House. Surely they should have a forwarding address ?


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PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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Well this gets more curious by the day. Today I received another letter from Aegis with the same Correspondence address - the one they have apparently 'gone away' from.

 

This time they are offering me a 60% discount on my MBNA account. So in the space of 3 months and without any correspondence from me (well none that they have received) they have offered me first a 40% discount and now a 60% discount. I think I'll re-offer them 5% and see what happens.

 

Regards.

 

Fred


Before you criticise another man you should first walk a mile in his shoes. Then, when you criticise him, you'll be a mile away and he won't have any shoes on.

 

Don't get me confused with somebody knowledgeable by all those green blobs. I got most of them by making people laugh.

 

I am not European, I am English.

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I think I'll re-offer them 5% and see what happens.

 

:lol::lol::lol:


PHOTOBUCKET TUTORIAL IS NOW DONE HERE IT IS

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Well I've heard nothing on this account for close to a year until today when I got this: MBNA290711-1.jpg.

 

Apparently, MBNA are now going to pass this to an external debt collection agency to collect on their behalf. I've already seen off Iqor, Allied International and Aegis so I wonder what makes them think another one will be more successful.

 

Anyone else had one of these?

 

Regards.

 

 

Fred


Before you criticise another man you should first walk a mile in his shoes. Then, when you criticise him, you'll be a mile away and he won't have any shoes on.

 

Don't get me confused with somebody knowledgeable by all those green blobs. I got most of them by making people laugh.

 

I am not European, I am English.

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Hi Fred, i havent had one of these yet but my last letter was to notify me they were considering their options and they would let me know. This could well be what i get. Still no cca in any form for me though. Keep fighting and updating :-)

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It is just another quirky MBNA tactic designed to worry, intimidate.. oh and also keeps the people of Chester employed !


Have we helped you ...?         Please Donate button to the Consumer Action Group

 

Uploading documents to CAG ** Instructions **

 

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

 

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy -

HERE

2: Take back control of your finances -

Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors?

Read Here

4: Staying Calm About Debt

Read Here

5: Forum rules - These have been updated -

Please Read

 

 

BCOBS

 

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

 

 

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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Well I've heard nothing on this account for close to a year until today when I got this: MBNA290711-1.jpg.

 

Apparently, MBNA are now going to pass this to an external debt collection agency to collect on their behalf. I've already seen off Iqor, Allied International and Aegis so I wonder what makes them think another one will be more successful.

 

Anyone else had one of these?

 

Regads/QUOTE]

 

Exactly the same missive showed up yesterday, (despite a letter from them 6 months ago saying, as we can't actually find your CCA, we won't take action)

 

Thinking this is in effect just another threat-o-gram, a bit ya-boo.

 

David

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Well I know now who will be getting nowhere with this account, it is my old mates Wescot. Yippee!!

 

Wescot1-1.jpg


Before you criticise another man you should first walk a mile in his shoes. Then, when you criticise him, you'll be a mile away and he won't have any shoes on.

 

Don't get me confused with somebody knowledgeable by all those green blobs. I got most of them by making people laugh.

 

I am not European, I am English.

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I got back from holiday to find that MBNA and Wescot had kindly replenished my supply of toilet paper. They have obviously moved the filing cabinets and found the old dusty cobwebby stuff and are having one final go before running back to septic land with their tail between their legs.

 

MBNA must have managed to con Wescot into buying a truckload of lemons.

 

Made Oi larf it did.


Nationwide - Prelim sent 02/07 - MCOL filed 04/07 CHARGES SETTLED IN FULL!!

Woolwich- Prelim sent 04/07 - Offered 90% - 06/07 accepted

MBNA - Prelim sent 02/07 - CCA request sent 03/07 - CCA reply (illegible + no T&Cs) - DCA sent packing - Restons now trying - gone quiet

Citicard - Prelim sent 02/07 - CCA request sent 04/07 - replied 04/07 No contract & not enforcing!- passed to 1st Credit- gone quiet

Egg - Prelim sent 02/08 - 3 letters - full offer 03/08 SETTLED IN FULL!!

(All starry, rep, clicky thingies gratefully received!)

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Your sense of timing as usual Fred!!

 

 

http://www.bbc.co.uk/news/uk-wales-14551304

 

Interesting. When you see how big an employee they are it is also easy to realise why it is that local Trading Standards fail to take action against them for some of the breaches of various laws.

 

Will we mourn the closing down of this part of the business? Silly question I suppose.


Before you criticise another man you should first walk a mile in his shoes. Then, when you criticise him, you'll be a mile away and he won't have any shoes on.

 

Don't get me confused with somebody knowledgeable by all those green blobs. I got most of them by making people laugh.

 

I am not European, I am English.

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I got back from holiday to find that MBNA and Wescot had kindly replenished my supply of toilet paper. They have obviously moved the filing cabinets and found the old dusty cobwebby stuff and are having one final go before running back to septic land with their tail between their legs.

 

MBNA must have managed to con Wescot into buying a truckload of lemons.

 

Made Oi larf it did.

 

 

Wescot haven't bought this one, they are just 'collecting' on behalf of MBNA. I've just emailed them this:

 

 

18th August 2011

 

Wescot Credit Services Ltd

PO Box 137

Hull

HU2 8HF

 

Dear Sirs,

 

Your Reference D3/xxxxxxxx

 

I am on holiday for 2 weeks as from tomorrow and will be at my villa in Tuscany during that time, so unfortunately I will be unable to deal with this matter until my return in September. As you have asked me to reply to your letter IMMEDIATELY, however, I have now done so.

 

Yours faithfully,

 

 

Fred Bassett


Before you criticise another man you should first walk a mile in his shoes. Then, when you criticise him, you'll be a mile away and he won't have any shoes on.

 

Don't get me confused with somebody knowledgeable by all those green blobs. I got most of them by making people laugh.

 

I am not European, I am English.

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I don't think I shall tell them where we went on holiday - it might seriously p*ss them off!

 

On the other hand...:evil:


Nationwide - Prelim sent 02/07 - MCOL filed 04/07 CHARGES SETTLED IN FULL!!

Woolwich- Prelim sent 04/07 - Offered 90% - 06/07 accepted

MBNA - Prelim sent 02/07 - CCA request sent 03/07 - CCA reply (illegible + no T&Cs) - DCA sent packing - Restons now trying - gone quiet

Citicard - Prelim sent 02/07 - CCA request sent 04/07 - replied 04/07 No contract & not enforcing!- passed to 1st Credit- gone quiet

Egg - Prelim sent 02/08 - 3 letters - full offer 03/08 SETTLED IN FULL!!

(All starry, rep, clicky thingies gratefully received!)

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Wescot, don't you just love 'em. In response to my wind up about the villa in Tuscany, they sent me this:

 

Good morning

 

Further to your recent email,

 

Please provide your full income and expenditure details along with your offer of repayment.

 

Regards

 

 

Paul Stephenson

Accounts Controller


Before you criticise another man you should first walk a mile in his shoes. Then, when you criticise him, you'll be a mile away and he won't have any shoes on.

 

Don't get me confused with somebody knowledgeable by all those green blobs. I got most of them by making people laugh.

 

I am not European, I am English.

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Do these people have their sense of humour removed after joining up or is the lack of one part of the job description?

 

MBB

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Wescot, don't you just love 'em. In response to my wind up about the villa in Tuscany, they sent me this:

 

Good morning

 

Further to your recent email,

 

Please provide your full income and expenditure details along with your offer of repayment.

 

Regards

 

 

Paul Stephenson

Accounts Controller

 

 

:lol:


Have we helped you ...?         Please Donate button to the Consumer Action Group

 

Uploading documents to CAG ** Instructions **

 

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

 

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy -

HERE

2: Take back control of your finances -

Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors?

Read Here

4: Staying Calm About Debt

Read Here

5: Forum rules - These have been updated -

Please Read

 

 

BCOBS

 

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

 

 

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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Do these people have their sense of humour removed after joining up or is the lack of one part of the job description?

 

MBB

 

To be honest Bill, to have a sense of humour you also have to have a certain level of intelligence. Therein lies the problem.

 

Regards.

 

Fred


Before you criticise another man you should first walk a mile in his shoes. Then, when you criticise him, you'll be a mile away and he won't have any shoes on.

 

Don't get me confused with somebody knowledgeable by all those green blobs. I got most of them by making people laugh.

 

I am not European, I am English.

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Wescot's reply to my bog off letter.

 

Good morning

 

Further to your recent email,

 

I can confirm your comments have been noted and a memo raised with the client. The account has been placed on hold for a response to be received.

 

Kind regards

 

Paul Stephenson

Accounts Controller


Before you criticise another man you should first walk a mile in his shoes. Then, when you criticise him, you'll be a mile away and he won't have any shoes on.

 

Don't get me confused with somebody knowledgeable by all those green blobs. I got most of them by making people laugh.

 

I am not European, I am English.

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Wescot didn't try very hard with this one did they?:

Wescotthrowinthetowel.jpg


Before you criticise another man you should first walk a mile in his shoes. Then, when you criticise him, you'll be a mile away and he won't have any shoes on.

 

Don't get me confused with somebody knowledgeable by all those green blobs. I got most of them by making people laugh.

 

I am not European, I am English.

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Wonder who they will pass it to now?

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Wonder who they will pass it to now?

 

Who's lower in the pecking order than Wescot? I don't think there are many.


Before you criticise another man you should first walk a mile in his shoes. Then, when you criticise him, you'll be a mile away and he won't have any shoes on.

 

Don't get me confused with somebody knowledgeable by all those green blobs. I got most of them by making people laugh.

 

I am not European, I am English.

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Well I've not heard anything on this since I saw off Wescot a couple of months ago until today when I got this:

 

MBNAArrowGlobal1.jpg

MBNAArrowGlobal2a.jpg

 

Now the interesting thing is that Arrow Global have given it to Wescot to manage. This could get quite interesting.

 

Fred

Edited by Fred Bassett

Before you criticise another man you should first walk a mile in his shoes. Then, when you criticise him, you'll be a mile away and he won't have any shoes on.

 

Don't get me confused with somebody knowledgeable by all those green blobs. I got most of them by making people laugh.

 

I am not European, I am English.

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There has been a lot of mbna sales to arrow over the last couple of weeks. Must be clearing the decks before they give up the UK card market.

:-)

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How about a reply in Icelandic, or Sioux, must be something you can do.

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