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    • Hi everyone,  There were many topics on this issue in the past. May I please have an update if anyone managed to buy or sell the house with the leasehold air space on it? would the bank lend the mortgage?  If I was not informed about the complications when selling the house. instead, they told me that this would add value to the house and sell faster which is the opposite. Can I file the case and dispute it for mis-sold and misrepresentation?  I am in the year 9th and I was not aware of the issue until I wanted to sell my house. There has been no communication since I signed the contract. The company has never contacted or updated me on how much energy the panels generated how much I used etc.    This is a free panel from the government schemes, run by  Freetricity.   Thank you   
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    • Thanks in advance for advice! I was shocked to find out when doing a credit score search this weekend that I have a CCJ in my name. I've spoken to the courts today and have been told Vehicle control services have taken me to court for parking without a permit in my own allocated parking bay that came with my flat rental. The CCJ appears to be to the right apartment block but the wrong address.  It dates back to 2017. The judgement was passed in April 2021 without my knowledge of the ticket or the case ( presumably fine information was sent to the wrong address) I had already been taken to court by VCS previously for parking in my own bay and I won. It seems to me that this is underhanded behaviour from VCS as they had my address from previous interactions and had tried taken me to court for something that a judge had previously ruled on. I'm seeking advice on next steps. I was told by court that i can raise a dispute on the CCJ but I also want to appeal the case altogether. Should I be filing an  N244 Application Notice with an N161? I was told I should pay the court £303. Now that I've got home and had a look, there is a long list of court fees so I'm not sure which is applicable. I was also told the £303 is not refundable. Should I be filing a counterclaim or is that something that can be done at a later date. Ultimately I feel disgusted at having a ccj and then having to pay for the privilege of getting it removed. Any advice on how to make VCS pay for this would be appreciated!
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      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Excel pcn - now fake claimform!!


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Hi, bout a week ago my girlfriend was shopping in our local town called Wrexham, she parked at a local carpark where you cant buy a ticket but can only park for 15 minutes, she came back after 18 minutes (someone had knocked her over and she had fallen over!) to find a parking ticket!!

Now what i would like to know is is there a way to get out of this ticket or even question it?

Any answers would be greatly appreciated!!

-Craig

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There is a section for Parking Tickets on the forum.

 

Post there with more details about the ticket and if possible scan and post a copy of it.

PUTTING IT IN WRITING & KEEPING COPIES IS A MUST FOR SUCCESS

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Hi, bout a week ago my girlfriend was shopping in our local town called

Wrexham, she parked at a local carpark where you cant buy a ticket but

can only park for 15 minutes, she came back after 18 minutes (someone

had knocked her over and she had fallen over!) to find a parking

ticket!!

Now what i would like to know is is there a way to get out of this

ticket or even question it?

Any answers would be greatly appreciated!!

-Craig

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You can always question it!

 

Was this a council operated car park or a private one? Is it possible to scan the ticket and post it here (after removing personally identifying marks)?

Any advice given is done so on the assumption that recipients will also take professional advice where appropriate.

 

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Hi and thanks for your help!

I believe it is a carpark belonging to a supermarket, i will scan it when i get time, that will help?

-Thankyou- Craig

 

A scan will help, but essentially it is just a matter of whether a private parking company (as I suspect) or a council owned parking company. If a PPC then what has been issued is an invoice saying that your GF has entered a contract to pay a sum of money if she stayed loner than 15 minutes - if she made no such agreement (and why would she have done?) then she cannot be forced to pay. If it is council owned then the rules are slightly different but the ticket would have to be compliant to be lawful.

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You will need to upload it onto a site that allows you to store pictures such as Welcome to Flickr - Photo Sharing or Image hosting, free photo sharing & video sharing at Photobucket

Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice you must always consult a registered and insured lawyer.

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To add to the last post, I find photobucket best. Register an account and then upload the scan, when you can see the thumbnail for the scan click your mouse cursor in the 4th box (IMG CODE), a small yellow bow will show "copied", then just paste the link onto a blank line in your reply.

 

Good luck, Dave.

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Interesting that the Charge Notice is addressed to the "driver or person in charge" then right at the bottom is says "Vehicle Keepers should be aware that their name and address may be requested from DVLA"

 

Craig I guess is the registered keeper, but was not driving at the time. He did not breach the "terms and conditions" as he did not park the vehicle. I guess if this is not paid and they write to him he simply asks them to tell him who the driver was.

 

It is unenforceable.

On some things I am very knowledgeable, on other things I am stupid. Trouble is, sometimes I discover that the former is the latter or vice versa, and I don't know this until later - maybe even much later. Read anything I write with the above in mind.

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Many many thanks for the advice!!

Just another question- When they write to my girlfriend asking for the cash, how should i phrase our reply to them? (ie-mentioning the unenforcability of it!!)

Thankyou- Craig

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Many many thanks for the advice!!

Just another question- When they write to my girlfriend asking for the cash, how should i phrase our reply to them? (ie-mentioning the unenforcability of it!!)

Thankyou- Craig

 

No need to go into too much detail. Just something like:-

 

"I do not acknowlege any debt to your company. You appear to have written to me as the registered keeper of vehicle registration XXXXXXX, however I have made no agreement to pay your invoice. Any alleged contract to do so will be between yourselves and the driver of the vehicle, and I would appreciate it if you would contact them directly. Please note that I will accept no further contact from yourselves unless to confirm that you will not harass me further with regard to this matter".

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Looking at your ticket is says "time seen 10.00" and "time of issue 12.15"!

 

Like you I recently had an invoice (it isn't a fine or ticket) from Excel Parking for being a few minutes late in a 2 hour free car park.

 

They are completely unenforceable (Trading Standards told me this) and their tactics are to threaten court proceedings to the lay person who doesn't understand the legal process. I have yet to hear of anyone who Excel have taken to court and actually won!

 

You may be aware that from October this year all private companies have to be regulated. One of the points they will have to adhere to is that no fines can be issued for overstays of less than 10 minutes.

 

They won't issue proceedings against you (although they will repeatedly threaten to). Tell them you have no liability and to either issue proceedings in the next 14 days or stop harassing you. I did this months ago and have heard nothing since.

 

DEFINATELY DO NOT PAY IT!

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Ok, many thanks for the help!

I noticed that someone in an earlier answer thought that i was the owner of the vehicle but my girlfriend was the driver? Well this is not the case, my gf actually owns the car, does this make any difference?

Thankyou!!

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You may be aware that from October this year all private companies have to be regulated. One of the points they will have to adhere to is that no fines can be issued for overstays of less than 10 minutes.

 

 

Can you signpost the statute/regulation involved please?

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Ok, many thanks for the help!

I noticed that someone in an earlier answer thought that i was the owner of the vehicle but my girlfriend was the driver? Well this is not the case, my gf actually owns the car, does this make any difference?

Thankyou!!

 

Your GF is the owner and I assume also the registered keeper. In that case it is your GF who should receive any letters from them as the Registered Keeper.

 

If she receives anything from them she just write back in the following terms.

 

You have written to me as the Registered Keeper of the vehicle registered number ???????. Any contract could only be entered into by the driver at the time. Therefore, please direct any further correspondence in this matter to the driver.

 

Yours faithfully,

 

Your GF is under not obligation to identify the driver.

PUTTING IT IN WRITING & KEEPING COPIES IS A MUST FOR SUCCESS

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You may be aware that from October this year all private companies have to be regulated. One of the points they will have to adhere to is that no fines can be issued for overstays of less than 10 minutes.

 

Not quite true - the DVLA have said that from October they will refuse to provide vehicle details to private companies not accredited by the BPA, and it is the BPA Code of Practice which says that fines should not be issued for overstays of less than 10 minutes. The problem is that the BPA is self-regulating,so there is unlikely to be much change - parking companies will still try it on and hope that you pay up!

Any advice given is done so on the assumption that recipients will also take professional advice where appropriate.

 

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  • 4 months later...

PARKINGTICKET-BLANKED-1.jpg

 

Hi again everybody!

I think i was advised to ignore this parking ticket a while ago when i posted it so i have and now i find that my girlfriend has recieved a rather worrying letter from a collection agency demanding payment of it!!

What shall i do?

I think i was told it was unenforcable!

PLEASE please help?

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That's a totally standard bluff tactic. A debt collection agency has no additional powers.

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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A standard tactic in escalating the bullying process. Advise them to refer to the dispute letter sent to the parking company, noting that the DCA should be contacting the driver responsible for any alleged agreement to pay the charge, not the RK as she has already stated that she was not the driver at the time. Advise that she will deem any further correspondence to be harassment. This will not stop them at this stage, and the threats may escalate, but hold firm in that the letters are being addressed to somebody who has made no agreement to pay their invoice and that consequently no payment will be forthcoming.

Any advice given is done so on the assumption that recipients will also take professional advice where appropriate.

 

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Hi there Sidewinder,

Thankyou for your advice, unfortunately i completely forgot to send the letter regarding the actual driver of the car, so what shall i do now?

Thankyou again for your help, i appreciate it!!

-Craig

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