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FTMDave

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Everything posted by FTMDave

  1. FTMDave
    Yes, retweak the draft posted above in the light of later advice, and send it to BW Legal. Let them know they'd be thrashed in court. Just normal post from the post office will do, but get a free certificate of posting. And send it to the parking company too. All this conning & fleecing isn't just aimed at the motorist. Unscrupulous solicitors love to egg on their clients to go to court regardless of any possibility of winning, it's £££ that counts.
  2. FTMDave
    So if a resident parks in their bay, and a stranger drives in from the street and parks next to the resident's car, both get tickets! Love to see a judge's opinion of that!!!
  3. FTMDave
    Another little bit of red (Civil Procedureicon Rule 27.14(2)(g))
  4. FTMDave
    Looks good to me! How about adding after your second paragraph "If you had been arsed to do the tiniest bit of due diligence, you would have seen that not only does the driver enjoy supremacy of contract but to put the icing on the cake has a written agreement from your clients to park as they did". And right at the end "Obviously I will request full costs due to unreasonable behaviour (Civil Procedure Rule 27.14(2)(g))". And copy the letter to CPM. Don't use e-mail, use snail mail and get a free certificate of posting at the post office.
  5. FTMDave
    As it's a proper letter of claim you need to reply to BW Legal. Just give them a load of abuse and mention you have both supremacy of contract and written agreement from their clients to park as you did, but if they want a good kicking in court then, hey, bring it on. Copy your letter to CPM too - I'm sure BW Legal would love court action even though their clients would lose, it'd be extra dosh for them. CPM seem particularly nasty pieces of work, being abusive about you during the appeals procedure and calling you pathetic - time to send them scurrying back under their stone with their underpants soiled.
  6. FTMDave
    Firstly, don't appeal any more, as you can see it's a waste of time, and can even be counterproductive in that you could end up naming yourself as the driver, or by accepting their get-rich-quick scheme procedures as legit they can feel encouraged to go after your thinking you'll cough up. The experts here normally advise replying to a proper letter before claim as it can be the start of legal proceedings. Can you scan & upload it (obviously after removing your personal details)? However, don't worry, if they were stupid enough to take you to court they would get a good kicking off you & the judge, you probably have supremacy of contract and you certainly have a written agreement from them for double parking!
  7. FTMDave
    One of EB's classics to BW Legal is post 2 at https://www.consumeractiongroup.co.uk/forum/showthread.php?481128-Excel-BW-Legal-Peel-Centre-(again)-ANPR-PCN although it obviously needs to be altered to fit your own situation. BTW, did you ever get on to Costa? If not contact the area manager or the CEO. Even better if you paid by card and/or can remember the date and what you purchased.
  8. FTMDave
    Yes, a letter of claim from solicitors, NOT a letter from the court starting actual court action
  9. FTMDave
    The experts will be on in the morning to ask for more details and to help. Meanwhile, these are not fines - a private company can't fine you. They are simple invoices. Legally cases like yours are the easiest to defend - the company got their money, and that's the end of it, no judge would ever find in their favour. "De minimis" ("the law does not deal with trivialities"). As you use this place regularly, can you check if it is covered by bye-laws? Because if it is then a private parking company can't legally claim a bean off anyone, even if you had done something wrong (which you hadn't). You are dealing with a PPC, right? Which one?
  10. FTMDave
    TOTAL VICTORY - well done!
  11. FTMDave
    Normal 1st-class post (but get free certificate of posting)
  12. FTMDave
    Well done on not just giving in There's been at least one victory a week for a nice long time now
  13. FTMDave
    Don't worry! The experts will be on soon to ask for details and to give their help. But a few things. Firstly, it's not a fine, only councils or the police can fine people, not a private company. Next, think about it, if they want to take you to court why don't they do it, instead of faffing around for 18 months and getting powerless DCAs like Equita to write to you? It's actually positive that these nobodies are sending you their (not very) scary letters. The only way you could get a CCJ is if they sent a proper LBA, then started court proceedings, then won, and then you refused to pay - and you're nowhere near the first step yet.
  14. FTMDave
    I think if you get rid of personal info. and barcodes, then the rest is fine.
  15. FTMDave
    Don't worry, you won't be paying a bean. Rubbish signage, you could have been in the Golden Wok, etc., but wait for the experts in the morning. If you have time, have a look at some of the threads on the PPC Successes sticky, the regulars here have helped people like you to give the parking companies a good kicking on 200+ occasions.
  16. FTMDave
    Are you able to view the contract the company signed, at work, and look at the section about fines? If so good. If not, contact Enterprise, explain they've taken £85, and ask to see their contract terms regarding fines. However, I'll guarantee it'll be as DX describes, that they can take money for real fines, but not for private invoices for mince pies, Christmas trees or imaginary parking events. Whatever you do, don't refer to the invoice you received from VCS as a fine. It's not, and it's precisely this confusion that has led to Enterprise mistakenly coughing up.
  17. FTMDave
    Firstly it's not a fine, it's an invoice from a private company and the distinction is extremely important. If it was a fine from the police or a council, then it's usually in car hire contracts that the company can debit the amount of the fine plus an admin. fee. But this is an invoice from a private company, about as relevant as them paying the bill for the Christmas tree you've just bought. Enterprise Rent-A-Car should have told VCS who the hirer was and removed themselves from the loop. I think you are going to have to threaten to sue Enterprise Rent-A-Ca and/or your employer. Am I right in thinking that Enterprise paid the invoice, then billed your employer who in turn took the money from your wages?
  18. FTMDave
    Debt collecting agencies have no power whatsoever, as it's not their debt, so ignore their threats. It's positive for you that Smart are doing nothing except getting Zenith to send out these silly & pointless letters. However there is the danger that in the future Smart could start real court action and you'd lose by default as you would never get the paperwork, so it would be a good to send them a short letter (normal post but get proof of posting) denying the debt but giving them your new address. Have you given the DVLA your new address? If not you risk a grand's fine.
  19. FTMDave
    Homer, the IPC, its appeals body the IAS and the firm of solicitors they all normally use - are all run by the same people! No conflict of interest there!!! They're conmen, plain & simple, appeals are pointless (and can even be counterproductive as you might give away who the driver was and in any case taking their crooked procedures seriously makes them think you may cough up). But don't fear, the fleecers' strategy is all based on hoping the motorist will be intimidated into paying. They couldn't give a toss about the law. Ignore their drivel and if they do eventually send you a LBA the regulars will be here to tell them where to get off and sink their laughable claim. Your case is one of the strongest on here - the 10-minute grace period PLUS supremacy of contract. They would be imbeciles to take you to court as the judge would just give them a hell of a kicking.
  20. FTMDave
    Only 99%? They must have improved
  21. FTMDave
    Well done!
  22. FTMDave
    As DX wrote this is almost certainly railway land covered by bye-laws, and no private company can demand a bean. So you owe £0.00. By waiting you will definitely lose your discount of £0.00 x 0.40 = £0.00. No worries, after this period your balance will be £0.00 Have a search of cases on the site involving bye-laws. You'll see that these companies send out letters stating ever-increasing amounts of money, your kids being sold into slavery, and you being hung drawn & quartered … but when it comes to it they slither back under their stone like the paper tigers they are and do nowt.
  23. FTMDave
    To the fleecers who are demanding 100 quid although the original ticket was paid for and they didn't even leave a NTD on the car so that they can get out of avoiding the discount the law provides for? What would be the point of that? You're dealing with conmen, there's no point appealing to them. You wouldn't write a polite appeal to someone you saw walking out of your house with a nicked TV, not far off being the same thing. On the positive side, these conmen never follow the law when sending out their demands for money, so EB and the other experts here have a great record in seeing off their demands. There are no guarantees of course. But if you look at the PPCs Successes sticky, they do have a brilliant record over many years
  24. FTMDave
    DX = Hero!
  25. FTMDave
    Massive own goal to ignore instructions from the court (and looking upthread, pointed out by DX in post 77). Get a WS sent to the court and to Gladdys tomorrow and hope that as a Litigant in Person the court lets you off. It's too late to fine tune the thing, I see upthread you had your own ideas (post 73) and EB added his (post 80) so send those. The regulars say not to use e-mail, but IMO this is an emergency. It would be a tragedy for you to lose this case given Gladdys have nowt to attack you with, simply because you ignored the court process, but that is how these barstewards work, they hope to get default judgements even though their case is non-existant.

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