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    • Hi All, before I start I know there are similar threads of the topic I am raising, and each, of course, has its own unique scenario, which may benefit others. My case is as follows: 1. I saw a gumtree ad on the 16th of Oct 2020 for a Mercedes E220 CDI, priced at 7,500 2. I called the seller and said I will come over on the 17th of Oct 2020 to view. 3. On the 17th of Oct 2020 I went to his place where he is working and viewed the car. He is working for a major car rental company. I checked the car and of course asked the normal things to ask e.g. any insurance write-offs, loans, accidents, etc. The seller said the car is clean etc.no loan, he had a loan but all is paid off etc. and he has the papers. 4. I negotiated the car price to 6,800 because the rims were showing some signs of damage, the rear light had a small burst, cosmetics, etc. I checked all but did not see any sign of damage to the car (it's a black car, the car was a bit dirty, and the sun was already setting in) 5. We agreed on 6,800 and decided to purchase the car. We went into his office, where I paid cash, and also got a Car Sales Invoice with all details of the seller, and a V5C green slip 6. I purchased car insurance and drove off. I asked him about Road Tax and he said Road tax is paid so I have not to worry, just need car insurance. 7. On 18th of Oct 2020 I cleaned the car interior because it was really dirty inside - it took me a few hours so decided to clean the exterior the next day 8. On the 19th of Oct 2020 I went to clean the exterior and after the car was clean I noticed some parts were resprayed. I became a bit suspicious; so on the 19th of Oct 2020 in the eve, I went on the internet and run an HPI check. The outcome from the HPI did not show any accidents, insurance write-off but an outstanding Loan with Moneybarn. At this point, I thought maybe the database is not updated, etc. 9. On the 20th of Oct 2020, morning, things were going through my mind; the seller said the car is clean, no issues, no loan since he settled all etc. but the HPI reports say there is still some outstanding loan. So what I did, I called Moneybarn, and explained the situation, and gave them the contract number as well (since it was displayed on the HPI report). They said they will send me a form by email, but they cannot share any information due to Data Protection (GDPR). fair enough I thought, but what made me boil, they said they OWN the car! So, I took the car and drove to the seller where he is working. I confronted him. He said don't worry, I will handle it, he has no time, he is very busy and bla bla bla. I said what reasons do I have to trust you, you lied, and now you say you still have a debt, etc. So I said I will not leave until he has settled the debt, or repay me my money. I also asked what is outstanding, he said around 7,000. Well, since I confronted him at his workplace he may have felt the heat, he assured he will settle all soon, I said sorry, I need a date, so I said you will settle the debt with Moneybarn by 23 Oct 2020, if not, you will refund me my money. He said Ok he will do it, so I said, since I don't trust you, you will sign a piece of paper, and sign it. On the paper, he wrote "I will clear the debt for the Mercedes by Friday" and signed it. I said I am not happy and added the debt details with contract number, and also a clause that if he fails to settle the debt with Moneybarn by Friday the 23rd of Oct 2020, he will refund me my money, 6,800, and sales of the car Mercedes, license plate, will be void. Also, I said to put an initial on each amendment I made with signature. He did, and I left. 10. On 22 Oct I sent him a message, to remind him to settle the debt by Friday 23 Oct 2020 noontime and also I outlined some legal jargon I had to sent that I received from citizensadvice. 11. On 23 Oct, morning time, I received a message from the seller, he said he will not/cannot refund me the money, not to visit him at his office or place, and that he feels threatened by me. 12. Now, the dilemma/headache; a). I received the form from Moneybarn on the 20th of Oct 2020 and I have to send it back within 7 days b). the seller send me a message he will not refund the money c). is the seller holding the title with Moneybarn or did he also buy and not knowing there is an outstanding loan on it d). did he sent the V5C to DVLA since I have the green slip? e). Shall I fill in the form and sent it to Moneybarn? f). If Moneybarn has all my details they may send someone to repossess the car? 13. I decided, I will not undertake anything yet, because my mind said, go there, confront him, park the car in front of the company since I purchased it there and signed all paperwork in their office, they will call the police, the police will come and surely will not do anything but will force me to remove the car and park somewhere else, record all on camera, take all evidence, sent to Moneybarn and at the same time to the seller's employer (when I asked him to sign a letter he will settle the debt by Friday 23rd of Oct 2020, he used a paper of the car rental company, and on the back, the logo of the rental company is displayed clearly and he may have acted on behalf of the company to sell me the car, after all, I don't know if he holds the title with Moneybarn - well, this is an excuse for me to even sue the car rental company, or blacklist him with the company he is working for since it seems he is some type of manager there and he may have acted in the capacity as a sales person to sell the car to me on behalf the company....). 14. So on the 23rd of Oct 2020, I didn't do anything like described under 13....it's not my style as such I called AWH solicitors, explained all, and they said one person is specialized in dealing with such cases and will call me back after studying my case and inform me if it is something they can fight or not. So they will call me Monday the 26th of Oct 2020. I also said I want to go now and confront the seller, but she said better wait till Monday, and if they can fight the case, they will tell me the next course of action - but my funds are limited and cannot afford a lengthy battle, because if no case against Moneybarn means I will have to sue the seller to the court which will cost me. The car has comprehensive insurance and with all this saga I added on the 20th of Oct 2020 also legal insurance on top. Lengthy story, but I am trying to be as detailed as I can, and yes I should have done an HPI before buying the car, but I am from Holland and car sales work there a bit different, and this is my first time I buy from a private seller. Well, once I have sent the form to Moneybarn, I will park the car in a garage, and at this stage, I am renting a room in a house (there is one more tenant). Since I am from Holland, I am planning a trip within 2 weeks to visit my family and I will drive down with the car and in the meanwhile wait if the solicitor can be of any help. I need some advice though, I am still planning to drive down to the seller on Tuesday after I talked with the solicitor, park the car in front of the company, and confront the seller, and try to record all. I will also try to make him sign a letter that I purchased the car in good faith from him (regardless if he holds the title with Moneybarn or not but at least I purchased in good faith from him). Evidence that I have: 1. Car sales invoice 2. Paper that I made him sign 3. Gumtree ad; I could retract this from google history, but the original add removed from gumtree. At least I can show it was advertised 4. I tried to create a history of past owners, total owners including me are 5. It seems the car was also posted on gumtree before by a company in Essex (I saw on google). The reason for doing this, it is very likely that the seller purchased the car from someone else with an outstanding loan. Since then I read a lot on the internet, so please any advice is welcome to pursue my case, I paid a lot and at least I want my money back. Also what I read so far, Moneybarn is not easy to deal with...thanks in advance for any advice I can use for my case.
    • Hi   I think you need to check not just the serial number but what Meter Point Reference Number (MPRN) as the MPRN is what is registered and energy supplier go off as well as the serial number.   So you need to see what the MPRN is as well as the energy supplier it is registered with.   If you look at this Ofgem link: https://www.ofgem.gov.uk/consumers/household-gas-and-electricity-guide/connections-and-moving-home/who-my-gas-or-electricity-supplier   In the above link to do this check it gives a link to:   Find My Supplier: https://www.findmysupplier.energy/webapp/index.html (note you may have to complete a captcha, then input your postcode only and click find my address, when the list comes up click on your exact address, you will then see you actual MPRN and the energy supplier linked to your address)   With the above make sure and take the details of the MPRN and the Energy Supplier, better still take a screenshot/pdf the webpage.   Please let use know if on doing the above it matches your current supplier?  
    • I had exactly the same issues.   Grossly over estimated bills from January onwards.  Despite what they claim, they are effectively taking an interest free loan from their customer base to keep the company in business.   They can dress it up how they like.  It’s irrelevant if they reconcile the bills the following month because they just over bill again thus keeping a rolling interest free loan.   it took two months of constant badgering to be finally moved to a fixed DD.   Once that was done I didn’t care how much they over-estimated by.   I had raised a query with the ombudsman over the billing fiasco and they readied a complaint should I wish to proceed.   I thought everything was sorted until May/June whereby I was allegedly more in debt then I was expecting to the tune of an extra months DD.   On querying it, it transpired that even though I was on a fixed monthly DD, because the bill was generated less than 5 days before the DD was due to be taken they didn’t take the DD.   They offered £5 compensation by way of apology but wanted to take two months DD in June.  I told them where to get off.   With appalling customer service,  bills that you need a Maths degree to follow, and I do have one and still struggled, inability to follow through on any agreements, constant gross over-estimation, the missed DD was the final straw and I proceeded with complaint to ombudsman.   Prior to getting to that stage I had to quote Symbio’s own complaints procedure to them to get any sort of response.   Their final offer to me was £25 goodwill and to waive an exit fee. The offer was derisory given the time it had taken to get things sorted and the continuing ineptitude.  Also, the whole thing has dragged on so long (5 months) I was already in the final 49 days of my contract and therefore there were no exit fees to pay and therefore nothing to waive.   Anyway, upshot is, ombudsman found in my favour.  Ordered an apology and a goodwill payment. Symbio appealed but were told the decision stood.   This week I received the goodwill payment.   I promptly left an honest and truthful review on trustpilot.   The next morning I received an email from Symbio with an apology.   This was followed an hour later with an email from trustpilot saying Symbio had replied to the review.  On reading the response they have accused me of not following procedure and of cyber bullying.   The company is a complete joke.
    • why not simply tell you supplier they have the wrong meter number you been paying for usage , and ofcourse you can view this online too so its not as if you'll owe anything you might get a nice surprise and find you are owed a refund.
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      After a summer of discontent with ASG I discovered that if you have paid HALF the agreement or more you can legally return the boiler to them at no cost to yourself. I've just returned mine the feeling is liberating.
       
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    • Dazza a few months ago I discovered a good friend of mine who had ten debts with cards and catalogues which he was slavishly paying off at detriment to his own family quality of life, and I mean hardship, not just absence of second holidays or flat screen TV's.
       
      I wrote to all his creditors asking for supporting documents and not one could provide any material that would allow them to enforce the debt.
       
      As a result he stopped paying and they have been unable to do anything, one even admitted it was unenforceable.
       
      If circumstances have got to the point where you are finding it unmanageable you must ask yourself why you feel the need to pay.  I guarantee you that these companies have built bad debt into their business model and no one over there is losing any sleep over your debt to them!  They will see you as a victim and cash cow and they will be reluctant to discuss final offers, only ways to keep you paying with threats of court action or seizing your assets if you have any.
       
      They are not your friends and you owe them no loyalty or moral duty, that must remain only for yourself and your family.
       
      If it was me I would send them all a CCA request.   I would bet that not one will provide the correct response and you can quite legally stop paying them until such time as they do provide a response.   Even when they do you should check back here as they mostly send dodgy photo copies or generic rubbish that has no connection with your supposed debt.
       
      The money you are paying them should, as far as you are able, be put to a savings account for yourself and as a means of paying of one of these fleecers should they ever manage to get to to the point of a successful court judgement.  After six years they will not be able to start court action and that money will then become yours.
       
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Civil Enforcement Ltd (again!)


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I'm still not paying them but im having slight concerns over someone mentioning these companies hiring debt collection agencies. A lot of my assuredness came from the fact that they can't get bailiffs without court action, which i imagine won't ever happen.

 

I really don't want a hired agency on my case though (although i cant see it being worth the trouble for 45/90 quid). Anyone know if they've done this to anyone?

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Hi there,

 

My husband recently parked in the Toys'r'us carpark in Plymouth, where you can park for free for upto 2 hours.

 

He was a plonker & overstayed by 1 hour.

 

We received a ticket from them 3 weeks ago demanding £50

The ticket was a 'civil' ticket and included photographic evidence of the car both entering & leaving the car park. However, the exit photo does not show the number plate of the car.

 

We have today received a Final Reminder demanding £75, if we fail to pay by 27th Oct, a 'charge certificate' will be issued & further costs involved.

 

The notice also states that liability for parking charge lies with the owner/keeper.

 

So far, we haven't done anything.

 

I would really appreciate advice on what to do now.

 

Should we write back with 'contact the driver of the vehicle' etc, or, should we write to their appeals address demanding that they provide photographic evidence of the number plate at the exit photo, or, should we say that the car left the car park within 2 hours, and then came back later? (Although this is not true)

 

Please help as this is making me feel quite ill.:eek:

 

I would write:

 

Dear Sirs,

 

Thank you for your letter of dd/mm/yyyy.

 

I'm afraid that your purported evidence is not conclusive of my car leaving your carpark at the time stated.

 

In any event, could you please quote the statute and/or case law to support your claim that the owner is liable for any charges you claim you are due.

 

Absent conclusive proof, I'm afraid this is a matter you will have to take up with the driver and I will be unable to enter into any further correspondence with you.

 

Yours faithfully

********************************************

Nothing in this post constitutes "advice" which I may not, in any event, be qualified to provide.

The only interpretation permitted on this post (or any others I may have made) is that this is what I would personally consider doing in the circumstances discussed. Each and every reader of this post or any other I may have made must take responsibility for forming their own view and making their own decision.

I receive an unwieldy number of private messages. I am happy to respond to messages posted on open forum but am unable to respond to private messages, seeking advice, when the substance of that message should properly be on the open forum.

Many thanks for your assistance and understanding on this.

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Hello, I have received a PCN from this company, for overstaying at Mcdonalds Gatwick by 8 minutes. I wrote a genuine letter to them explaining I have 2 small children, what with nappy changing, waiting for food, small child spilling everything everywhere etc etc it is understandable that I outstayed my time by a few minutes. I have received the standard letter blahblah extended the time allowance for me to pay the reduced rate by 7 days. Any advice from anyone who has been in my situation ? Shall i issue a letter saying that they have 14 days to issue proceedings on me and put the ball in their court? Anay advice greatfully received. Thanks

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Hi all you lucky trend setters, I just got a ppn a few days back, from you know who, not replied yet, but am I glad that I found you. I did'nt over-stay at McDonalds, Gatwick Drive Thru, Just fancied a sandwich at Black Bean Cafe, but did'nt like the food and left.

 

The visit lasted 5/10 minutes max. I continued to the Airport, dropped-off a friend, then called into McDonalds, on the way back, had a quick chololate and used the loo, this visit visit about 20/25 minutes flat.

 

AND GUESS WHAT?, they reckon I was in the place an hour. Who in Gods name want's to stay in that DUMP for an hour. and they want £125 for the privelage.

 

WELL Mr McDONALD, I'VE GOT A MESSAGE FOR YEH, If ITS HARESSMENT AND EXTORTION YEH WANT, I'VE GOT PLENTY FOR YEH.

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Any advice from anyone who has been in my situation ? Shall i issue a letter saying that they have 14 days to issue proceedings on me and put the ball in their court?

 

Yes, this is my favoured approach. Outline why you believe their claim has no basis (no agreement by you, and the charge is a penalty), and inform them that their only legal option is to issue a county court claim: if they continue to take the law in to their own hands it will be considered harassment.

Post by me are intended as a discussion of the issues involved, as these are of general interest to me and others on the forum. Although it is hoped such discussion will be of use to readers, before exposing yourself to risk of loss you should not rely on any principles discussed without confirming the situation with a qualified person.

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Hello, I have received a PCN from this company, for overstaying at Mcdonalds Gatwick by 8 minutes. I wrote a genuine letter to them explaining I have 2 small children, what with nappy changing, waiting for food, small child spilling everything everywhere etc etc it is understandable that I outstayed my time by a few minutes. I have received the standard letter blahblah extended the time allowance for me to pay the reduced rate by 7 days. Any advice from anyone who has been in my situation ? Shall i issue a letter saying that they have 14 days to issue proceedings on me and put the ball in their court? Anay advice greatfully received. Thanks

 

Yes, this is my favoured approach. Outline why you believe their claim has no basis (no agreement by you, and the charge is a penalty), and inform them that their only legal option is to issue a county court claim: if they continue to take the law in to their own hands it will be considered harassment.

 

I don't think you can impose a deadline on them to commence court action.

 

You can write back as follows:

 

Dear Sirs,

 

If, which I do not accept, any contract was entered into, by me, with you; I deny that you are entitled to the sums claimed or any other sum. Further, I deny any tortious liability to you.

 

Should you wish to pursue this matter, you will need to produce appropriate evidence supported by appropriate citations of statute or case law in order that they may be considered.

 

If you are unable to do this, I shall not enter into any further correspondence, with you, on this matter.

 

Yours faithfully

 

NB do not permit your spell checker to change "tortious" to "tortuous".

********************************************

Nothing in this post constitutes "advice" which I may not, in any event, be qualified to provide.

The only interpretation permitted on this post (or any others I may have made) is that this is what I would personally consider doing in the circumstances discussed. Each and every reader of this post or any other I may have made must take responsibility for forming their own view and making their own decision.

I receive an unwieldy number of private messages. I am happy to respond to messages posted on open forum but am unable to respond to private messages, seeking advice, when the substance of that message should properly be on the open forum.

Many thanks for your assistance and understanding on this.

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Hi Folks, remembering the phrase by Pete2811, "be icily polite," the following letter was forwarded to 'you know who?'

To Whom it may Concern

Dear Sir/Madam

With respect to your Parking Enforcement Notice recieved today, I am unsure if it had been delayed by the postal dispute or was sent to the wrong addess.

I am not aware or recollect who the driver was at the times stated on your document, thus can you please provide the identity of the driver so as the matter can be addressed

 

I have been advised to make a Data Subject Access request to you, to include all photographic data and all corresponding data appertaining to the DLVA and others which has bearing on this case, givin that I am the keeper of the vehicle involved in your enquery...

 

Sincerely,...

 

will post reply.

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Hi Redwoodsteve, I have read the advice paper by Pete 2811, 'excellant work' and my letter to 'you know who' was based on that paper. I am currently waiting for a response.

Having absorbed 'That Advice' from Pete, I note that Aldi Store in Gillingham are installing 'car park signage' with the word 'penalty' on them and litrature that contain the word 'fine'. (as in court ) The agents are Private Eye Management wherein I can provide details to site if required. Will keep you all posted of developments.

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My girlfriend's car, Century Retail Park, Watford, overstayed by 15 minutes, £60 within 14 days, £120 thereafter. Having returned to the car park, the signs are barely legible – small type, difficult to see and easily missed! (I speak with some authority as a graphic designer). Is there a law stating the size of signs and fonts? This company is run by gangsters, surely!! They say they have photographic evidence but want £10 for it (is this legal??) Everyone here has similar experiences but the "enforcement" amounts are different... why?? The scales of justice they use as a logo – pathetic!! People like this make me so angry! People like us will contest but they make their money from the timid and vulnerable..., it's just disgusting!

AAAAArrrrrrggggghhhh!!!!!!!!!!!! Now I've got that off my chest I'm going to try the keeper/driver letter!

Ever thankful for this forum and others like it!!!

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Hi Bongalez, 2 questions come to mind, firstly, retail car park, this is a private car park and not subject to manditory provisions ect, however, the signage/font size in a privte car park is at the discression of the car park owners.

Secondly, as a retail car park, contractual formalities that arise raise issues of deciding which company is party to the contract with your girlfriend. The 'invitation to treat' (ie, the main reason for entering the car park innitially,) would be with one firm, whereas if she had reason to visit 2 or 3 different companies, then those particular companies are partly responsible for the delay or overstay.

Furthermore, no penalty charge exists in contractual law, only damages for loss. Thus your charge of £120 is a penalty and unenforceable, The charge for a parking over-stay of 15 minutes in a retail park is negliable, as the companies with whom your girlfriend contracted would have to show exactly what loss they occured. It would cost their accountants more to make the calculations, especial if the car park was free,.

Hope this helps. PS Im still waiting for a reply from the little 'ball-bags,' and will post reply

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Hi all, well I've received a "Cessation of Correspondence" letter from CEL, telling they have "expended considerable time" on my representations, their "decision is final" and the debt will be forwarded onto a Debt Collection Agency. Bring it On!!

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As an addendum to my previous post, I have written to CEL again.

 

I have told CEL that the matter is in dispute and forbid them from forwarding it to a debt collector.

 

Should a Debt Collector contact me I will advise that I owe their client nothing, the debt is in dispute and order them to pass the debt back to their client.

 

I will continue to ask CEL for evidence of the driver. When they can't produce it I will simply tell them what to do, in the most civil terms, with their demand for payment.

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As an addendum to my previous post, I have written to CEL again.

 

I have told CEL that the matter is in dispute and forbid them from forwarding it to a debt collector.

 

Should a Debt Collector contact me I will advise that I owe their client nothing, the debt is in dispute and order them to pass the debt back to their client.

 

I will continue to ask CEL for evidence of the driver. When they can't produce it I will simply tell them what to do, in the most civil terms, with their demand for payment.

 

 

 

Hi Redwoodsteve, Your demands are very dramatic and unreasonable, the language of an angry man which these leeches love. They will use your correspondence against you if they decide to take your case to the Courts.

Please remember the words, "be icily polite" it is more effective, when you ask them for the legal authority to justify their demands/claims. That way they have to say if the charge is for parking or a penalty.

 

If for parking, they have to prove the loss (as damages) is 'not wholly unscrupulous or excessive' and is reasonable (to the consumer) within the remit of the Unfair Terms in Consumer Comtracts Regulations 1999 (SI. 1999/2083) See section 5 where contractual terms are 'considered unfair' to the detriment of the consumer, if not individual negotiated.

 

If charge is unscrupulous and excessive, then the charge is a penalty and not enforceable.

 

See previous threads, where asking for legal authority is taboo to these leeches, and abandondonment or cancelation is a possibility as they refuse to continue.

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Hi Feralcat2, they weren't the exact words I have written, but along the lines of. It was Pete Jones that gave me direction on how I should respond. I was concerned that not replying to them was acceptance of the situation and by advising them the debt was in dispute, pending further evidence, it could be construed as harrassment if they choose to ignore this, (bullets for my court case maybe, should it go that far).

 

Pete's final advise was to continue to request for driver evidence, as without it they have no case against you. Even the police can't prosecute or demand payment from the registered keeper, albeit they've recently moved the goalposts to make it a criminal offence for the registered keeper not to tell them who the driver was (I think), but CEL do not have this option as its a civil matter.

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Hi Feralcat2, they weren't the exact words I have written, but along the lines of. It was Pete Jones that gave me direction on how I should respond. I was concerned that not replying to them was acceptance of the situation and by advising them the debt was in dispute, pending further evidence, it could be construed as harrassment if they choose to ignore this, (bullets for my court case maybe, should it go that far).

 

Pete's final advise was to continue to request for driver evidence, as without it they have no case against you. Even the police can't prosecute or demand payment from the registered keeper, albeit they've recently moved the goalposts to make it a criminal offence for the registered keeper not to tell them who the driver was (I think), but CEL do not have this option as its a civil matter.

 

Hi Redwoodsteve, I agree with Pete's advice, My comment was on the same track, albeit I did not mention driver identity as you already had issue in hand. Further, where a debt is disputed, the County Court is the adjudicator not debt collectors, Should they come to your home demanding money, that can be constrewed as harassment and is a police matter.

 

However, where the 'little ball bags' refuse to supply the driver identity or the legal authority on the case, you have no obligation to them. Also I agree with your policy of having data to support your rights of defence.

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The Leeches at civil Enforcement are on to me as well.

 

I wrote to them after receiving the final demand for £125.00 for using the McDonald’s car park at Gatwick Airport last July. I made it clear to them that I was not in charge of my car at the time and did not enter in to any contract by reading any of the signs posted. I also wrote that I will not be paying on behalf on anybody else and get reimbursed as suggested by them. I also wrote, I will see them and the photographic evidence in court to prove that I was not the driver. I also mentioned that I would be making a claim for the days loss of wages from my place of work and any travelling & parking charges while attending court.

 

Yesterday I've received a "Cessation of Correspondence" letter from CEL, saying they have "expended considerable time" on my representations, their "decision is final" and the debt will be forwarded onto a Debt Collection Agency for recovery. It seems that they have declared me Guilty without me having my day in Court.

 

I am now concerned about some gangsters turning up at my doorstep while I am not at home. Any suggestion as to what action I can and should take if they show up will most appreciated.

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The Leeches at civil Enforcement are on to me as well.

 

I wrote to them after receiving the final demand for £125.00 for using the McDonald’s car park at Gatwick Airport last July. I made it clear to them that I was not in charge of my car at the time and did not enter in to any contract by reading any of the signs posted. I also wrote that I will not be paying on behalf on anybody else and get reimbursed as suggested by them. I also wrote, I will see them and the photographic evidence in court to prove that I was not the driver. I also mentioned that I would be making a claim for the days loss of wages from my place of work and any travelling & parking charges while attending court.

 

Yesterday I've received a "Cessation of Correspondence" letter from CEL, saying they have "expended considerable time" on my representations, their "decision is final" and the debt will be forwarded onto a Debt Collection Agency for recovery. It seems that they have declared me Guilty without me having my day in Court.

 

I am now concerned about some gangsters turning up at my doorstep while I am not at home. Any suggestion as to what action I can and should take if they show up will most appreciated.

 

When you get the letter from the DCA, write back saying the debt is in dispute, and should be returned to CEL. Since CEL have already written to you with a cessation of correspondence letter, they in theory will not write to you again :lol:

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Even if representatives from a DCA turn up, you have no obligation to even open a window to them, let alone let them in. They're not bailiffs. They have no power of forced entry, 'breaking in with a locksmith', clamping, or goods seizure. Just refer them back to their 'client' as the alleged debt is in dispute. They can't do a thing without taking you all the way to court.

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Click the scales if I've been useful! :)

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Hi Hatari, & Electron99, Your comments make a 'sad bunny' happy. The CEL comment of 'cessation of correspondence' means in effect, that their claim for parking charges has no basis, It also establish's that they are not willing to persue the PCN demand insofar as no statute or case law citations is availaable to them to do so.

 

However, that is not to say that some unscrupulous debt collecting agency will not step forward and try to extract money from perperating the demands of cel. Debt collectors have no case if the debt owed is not proven within the remit of statute or case law citations

 

Secondly, in regard to McDonald's, please note their Corporate Governance Statement, boasts of,.."the basis of our entire business is that we are ethical, truthful and dependable. and the B.o.D. also boast of professional integrity, fairness and honesty." If the above statements were true within the definition of honesty,.. then CEL's demands for parking charges/penalty would be devoid of substance, (as currently they are) and the need to engage correspondence and issue "cessation of correspondence notices" would not arise. The words of the Corporate Goverance statement may help in making counterclaims ect.

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Ha at last, The little leeches have replied. The letter is very similar to that of Chococat (page 1) but included simplified quotations of the Data Protection Act 1998 Schedule 1, Part 1, The Principles..

 

(quote,...1,..fairly and lawfully processed, 2,..processed for limited purposes, 3,..adaquate, relevant and not excessive, 4,...accurate and up to date, 5,...not kept for longer than necessary, 6,..processed in line with your rights and secure, 7..not transfered to other countries without adaquate protection. (ps. I have added to numerals for convenience)

 

The second area covered by the Act provides individuals with important rights, including the right to find outwhat personal information is held on computer and most personal records. If you would like to know what information we hold about you,, send cheque for £10, ect, ect ect. and we will send you a copy. end of quote.)

 

At Section 7,(2) a,b, the DPA does provide for data controllers to provide personal data for a fee,.. provided you write to them and ask. However, in the circumstances where CEL are claiming you over-stated the parking limits, thus you are endebted to them for a penalty (Parking Charge Notice)... I harbour no doubt that this practice is a misuse of the Data Protection Act,

 

The purpose of the Act is to protect individuals with regard to processing personal data. As it happens, CEL seem to be in the business of selling personal data which is not what the Act is about. The only information CEL are required to have is that as supplied by the DVLA.

 

I would appreciate any informed views as I am not up to speed on Data protection.

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feralcat2,

 

I'm a bit confused by this. All I seem to be able to work out is that you made a Subject Access Request to CEL and they are saying to you that they will deal with your request if and when you pay them £10. They are entitled to do this.

 

Personally I would have said that they should disclose what "evidence" they wish to rely on to prove their case free. If they don't do that then I would seriously question whether the data exists.

 

Perhaps I am missing something?

********************************************

Nothing in this post constitutes "advice" which I may not, in any event, be qualified to provide.

The only interpretation permitted on this post (or any others I may have made) is that this is what I would personally consider doing in the circumstances discussed. Each and every reader of this post or any other I may have made must take responsibility for forming their own view and making their own decision.

I receive an unwieldy number of private messages. I am happy to respond to messages posted on open forum but am unable to respond to private messages, seeking advice, when the substance of that message should properly be on the open forum.

Many thanks for your assistance and understanding on this.

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Firstly hello to everyone that is in the same boat as I am! I have read all the posts that i can in relation to these muppets but I am still a bit confused as to what the best letter is to send in order to get a "ticket cancelled" reply. It seems that some have had better luck than others but as this post is now so long it is difficult to keep track. I would appreciate any help in this matter. My case is one of Mc Donalds at |Gatwick, 5 mins over my stay but I was the driver and the car is registered to my wife. As my wife does not relish the undertaking of this task and would rather just pay them I am going to be doing all the letter writing. Can anyone see a problem with me signing the letters as I want to be the one that attends court should it go that far.

 

Thanks again

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