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swiss_uk

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  1. UPDATE.... Not sure if this is success or not?!?! Would really love some difinitive advice.......... Hello Mark, Thank you for your correspondence, which I have noted on your file. Kind Regards, Claire Debt Recovery Plus Ltd. Registered in England and Wales. Registered office: 5 Grange Park Road, Cheadle, Cheshire, SK8 1HQ. Company Registration No. 6774150. VAT Registration No. 977956045 From: Mark Sent: 08 September 2010 14:54 To: Info Subject: RE: 167598 Hi Tom, The key point is that I have asked your company to refer this debt back to UKPC as it is still in dispute between myself and UKPC. They have failed to offer any other remedial option than their own internal "appeals process". If you wish to persue this case I will show that I have repeatedly asked to deal with this matter direct with UKPC beyond their internal processes. UKPC are obligated to allow reasonable defense against their "penalty claims" which means a day in court. I have all the correspondence with UKPC on file and I am very happy to demonstrate all the statements I have made along with the reasons for their validity. Again I reject your claim and ask you to refer the case back to UKPC, whom I will be happy to deal with. KInd regards Mark
  2. Hi GuidoT, Thanks for your reply, however if they go unchallengfed they will simply obtain a CCJ against me which will cost more than the initial "PCN".
  3. HELP!!! Hope you guys can help, I have followed all the recommended steps and UKPC sent the claim to a Debt Collector, So I did the refer back to UKPC thang but they are not letting go.... Below is the last email chain I have with the Debt Collectors: Hi Mark, As you have referred to harassment: under The Harassment Act 1997, we are obliged to tell you that we are a legitimate debt recovery company and as such are required by law to respond to your correspondence in order for us to continue in that said correspondence. Submitting standard template replies copied from internet and website forums is inadvisable and does not qualify as valid representation. Should this case proceed to court you will be required to demonstrate the statement(s) you have made and provide reason for their validity. The onus is on the visitor to the private property to adhere to the terms and conditions of their access to the site. Failure to read the rules is not a valid excuse for failing to adhere to them. As previously stated, if you believe you can persuade a Judge that you are correct in this matter, then good luck to you. For our part, I would direct you to our website dot drpl dot co dot uk where a list of CCJ’s is available for you to review in cases where the Judge did not side with the defendant. The account will remain on hold for 14 days, in which time you can pay on our website dot drpl dot co dot uk or by phoning 08445610965 with your card details. Tom From: Mark Sent: 08 September 2010 12:56 To: Info Subject: RE: 167598 You appear to claim that I entered into a binding contract with UKPC. They have failed to provide evidence that thier purported contractual terms were communicated to me in a way that I read, understood and accepted them prior to leaving my vehicle. Even if I did - which I deny - it is my claim that the charge they allege I have to pay is unenforceable at law being an unlawful penalty charge. This alleged debt therefore remains disputed by me. Again I reject your claim and refer you back to UKPC. I must also ask you to cease and desist correspondence with me. Unless it is to confirm you have referred this matter back to UKPC for them to persue further. Other than as described above, any further correspondence from you or any other party in relation to this matter may result in a complaint to the authorities under the Protection From Harassment Act 1997. Note: Issuing a final demand and increasing the penalty due to failure to pay the initial charge as issued via a PCN notice is outside the BCA code of practice. Kind regards Mark Subject: RE: 167598 Date: Wed, 8 Sep 2010 12:26:47 +0100 From: Info at drpl.co.uk To: mark Hello Mark Thank you for your email. As per the BPA code of practice, it is not mandatory for an operator to attach a PCN to an offending vehicle – it is satisfactory if the owner is informed, in writing, that a contravention has taken place, which is what has happened in this case. Regardless, you were clearly in breach of the terms and conditions of parking, and frankly if you believe that you can prove to a District Judge otherwise when the terms and conditions of parking are clearly displayed several meters from your vehicle, then good luck to you! The account will remain on hold for 14 days, in which time you can pay on our website dot drpl dot co dot uk or by phoning 08445610965 with your card details. Kind Regards, Tom From: Mark Sent: 08 September 2010 12:12 To: Info Subject: RE: 167598 I disagree, the debt is still in dispute in my view as UKPC have not given me an option to defend the case past their internal appeal process. I will be happy to face UKPC in court if they choose to bring a case against me and I am confident of successfully dismissing their claim. Also you will observe from the pictures, they failed to attach any notice to the vehicle notifying the owner of any penalty charges they beleive were incurred. I reject your claim and refer you back to UKPC. Kind regards Mark Subject: RE: 167598 Date: Wed, 8 Sep 2010 09:55:40 +0100 From: Info at drpl.co.uk To: mark Thank you for your email. The reason that your account has been passed to us is because UKPC have rejected your appeal, because your motorbike was parked on a pavement which is not ‘Within the parking bay lines’ as the signage visible in one of the below photos shows. You may still dispute this, however the parking company has rejected your dispute and as no payment has been made, the account has been sent to us for collection. The pavement is not an authorised parking bay. The pavement must be kept clear at all times for health and safety reasons to ensure that pedestrians and people in wheel chairs have un-obstructive access to the walkway. In the future please park within the parking bay lines as stipulated by the T & C’s of parking displayed on the signage across the site. Yours, Tom
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