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  1. Upon my return from holiday yesterday I was welcomed home by a "Chrge Notice" from TPS including photographic evidende that I had overstayed in the car park of a local retail park. They state that there was "clear signage" of a free period of parking which my vehicle overstayed. The charge is for £70 going with an additional £40 if I do not pay within 28 days. At the time this alledged breach occured - I genuine did not see a sign stating that there was a maximum period of free parking. I have since checked and there are several signs in this large car park but I am angry as I did not see them from the space I parked in and I do not wish to pay this "charge notice". Is that the fact that I did not see the signs (which is true) a viable defence. I have thus far, not contacted TPS at all. Any help would be appreciated.
  2. I have a parking charge notice of £25(originally) from LegionGroup. I had overrun my paid-for parking time. What I am trying to establish is this: the car park is 'owned' by knowsley borough council. I have spoken to them and they have said that they employ LegionGroup to manage the carpark. Legion issue the ticket, and the only mention of KBC is in the body of their letters to me where it says ...'.which is a car park provided by KBC'. I have spent hours on the internet and know that tickets ISSUED by the police or council will usually be enforced, but tickets ISSUED by private firms won't. So, do I ignore their threats or treat it as a COUNCIL issued ticket and pay up? This is my first time here, I have to pop out so apologies in advance if I keep anyone waiting for answers. P.S it's now gone up to £40. Thanks, Julie
  3. Hello I was wondering if you could provide me with a bit of advice with a mortgage matter that I am working on. I recently became concerned about the terms of my mortgage, and the way that it has bene setup. I want to get some clarity on a few things regarding my mortgage, so I looked through all the documenst that I have relating to the mortgage, but couldn't find a copy of the mortgage contract. I decided to use the data protection act to do a few requests from my mortgage lending bank. I asked for the original signed contract which says what I have to pay back, and I also asked for the accounting for the mortgage from the beginnning of the mortgage up until the present (around a years worth). they replied back within a reasonable amount of time, and sent me quite a few bits of information (I sent the letter to the Director of Mortgages, and she replied back herself). Within the information they sent back was a letter saying how much they had lent me, and the terms of repayment etc, and it was signed by someone working with the mortgage bank, however there was no agreement signed by myself contained within all of the information they sent back. In fact, there was nothing that had been signed by myself contained within all of the information they sent. They also sent me the accounting information that I requested. The accounting was in a format that was legible, but it was far below the standard that I would expect from a reputable bank, but that however isn't the main point. The accounting showed that at the inception of the my mortgage account there was a deficit to the amount that the bank claimed to have lent me. For the sake of explanation I'll put a round figure on it and say that the balance of the account at the inception was -£100k pounds. Now, this seemed odd to me as what I would have expected to see was either the balance being zero at the start of the account (as I presume all account balances begin as) then the next entry would show £100,000 being credited to the account (from the bank's main funds), or at the very least the account would start with £100,000 in it, which would then have gone out of the account in the next entry. Having received the information I sent two letters back to the bank. the first asked for the signed contract. I reminded them that this was requested in the original data protection act request, and they still had up to until a certain date to send me the information requested, or inform me that they didn't have it. Up until now I still haven't heard anything back from them regarding this letter (they currently have eight days left to reply to this one). The second letter I sent was just a query, not under the data protection act, querying the accounting information that they sent me, and putting over my concerns that I outlined above. They replied back to this letter (again from the Director of Mortgages), and in the letter it says that -£100,000 is record of the 'mortgage advance', and it re-iterates/confirms that the account opened with a balance of zero (or 'nil' to use the exact terminology of the letter). This has led me to ask the question...if the account started with no money in it (zero balance) how could they lend me any 'money' from it? If I have a box where I usually keep some money, and that box is empty then I cannot lend my friend £100 from it. (I understand accounts can have overdrafts, but that is essentially a loan from the bank). This all seems very fishy to me, and after thinking long and hard about the situation I do not think it is right for me to be paying hundreds of pounds every month to a company who cannot even provide me signed terms of the mortgage agreement, and cannot even prove that they have lent me any money in the first place. I think the best thing for me to do would be to get the mortgage voided. I know that there are two issues with this - number one, the mortgaging bank wanting me to continue paying them (I am happy to if they can provide the full information that I have requested, and I will write them a letter outlining this, but I will also tell them that they cannot expect payments, and I will not pay, if they can't produce such simple information that I am lawfully entitled to seeing). Number two, even if I stop paying they have a Charge on the title to my property, put in in-case of default in payment. If it turns out that they cannot provide me with the full information, What do you think would be the best way of removing the charge on my property title?
  4. Hi, Not sure if this is the right forum but here goes; To cut a long story short I claimed against a 2nd hand car dealer for a £1000 car which blew up one week after the sale. I was successful in court but he proved to be evasive and was finally tracked down 2 years later by the High Court Bailiffs. He countersued claiming £14K storage costs for the vehicle but I stood to loose £20K if the case went to trial. I couldn't afford to pay my solicitor any further whilst he received legal aid and had to settle the case. In the end I agreed to pay £10K in instalments and the other side have placed a charging order on my property with the dodgy dealer keeping the car (so much for justice). Is this document legal/enforceable? I've only blacked out the sensitive bits. Thanks for your help. RoF.
  5. Basically, woke up the other morning and my car has dissappeared.. i reported the car stolen right away, they found the car and took it to a local lockup, i rang them today and they said its £200 pound recovery charge to have my car back. how can i fight this?
  6. HI I have an outstanding PCN ticket that has now been passed onto the bailiff. Iwas not fully aware of this charge and unaware that thisstage of enforcement was about to happen. I woke up last Tuesday morning and saw my car had beenclamped. There was a sticker on the window and a piece of paper on thewindscreen. I contacted the person on the letter and explain I didn’t have the£600 costs to remove the clamp. and if i could pay off what i owe. That offer was refused. So the clamp is still on the car now over nearly a week later. And as I was not left a inventory or seizure notice im beginning to wonder if the bailiff has forgotten they clamped my car. As for removing the clamp without damage as it is for a TFL fine im not sure if this would be ok. I am also trying to find out what the bailiffs chargefor an attendance fee and first visit whichoccurred on the same day. And also whatthe bailiff should charge for 2nd and 3rtd visits that occurred onthe same day also in relation to congestion charge fines. A bit long winded but would like anyone with any advice or been in a similar situation pleasechime in as i am at my wits end and no idea what to do. Kath
  7. I have Just received a charge notice for £80 (reduced to £50 for quick payment) from CP plus for overstaying a 2 hour free park by only 24 minutes. I have read a fair bit on this forum and viewed the Watchdog youtube clip and it seems I have nothing to worry about. It would be good sport to overstay in as many car parks as possible just to waste these people's time and money. The charge notice shows two not particularly clear date & time stamped colour photos of a car like mine entering and leaving a car park. the driver can not be identified from the photos. On one photo, the registration matches my car , on the other it is slightly corrupted and open to question (the registrations are shown enlarged below the photos). In preparation for an extremely unlikely court case , I wondered which angle is the best one to take for my defence. Do you throw in all the arguments or just hit them hard with the strongest? If their claim does rely on contract law - To me , this seems the strongest >>>>>>>>>> 1. If someone genuinely did not see any notices then they did not enter into a contract, therefore no contract exists. Following on from the above - Any normal, reasonable, conscientious person of average intelligence having read and understood a notice declaring that an £80 charge will be incurred for overstaying a 2 hour park would make all possible effort to leave the car park before the end of the 2 hour period . Anyone overstaying virtually proves by their actions (or lack of) that they had not seen the signs and could not be bound by a contract of which they had no knowledge. 2. In my case the registrations shown on the two photos are not identical (virtually the same but not exactly and open to question). 3. The driver can not be identified form the photo . If I am unable to remember who was driving my car that day, it is CP pluses job to identify the driver and persue them. Following from this - Can a judge force you to answer the question - who was driving the car that day ? 4 £80 for 24 minutes is completely unreasonable. Of course there would be further charges added by the time a court case arrived. Which angle do I choose, is there time to present all your points in court, or are you forced to use one argument only ? I understand that it will most likely not go to court but would be interested to know what others think. Will post any updates later.
  8. We are in the process of selling a property (house). The property was bought in 1988 - it was a cash purchase by my wife's parents. We did NOT, at this time, have access to the Land Registry document. In 2005 a restriction, on section 'B' of the document, was made - 'proprietorship' (by my wife's parents) and a copy of the Land Registry was given to them. Although 'we' received a copy we did not see (or understand) that there was a 'registered charge' (section 'C' - charges) to a 'proprietor' (Building Society) There is now a delay to the sale - as this 'charge' needs to be resolved. - we have seen a new land Registry document, dated May of this year, and the charge still remains but the Building Society is different. I believe this is a nme change (it was the 'Abbey' and it is now Santander) Note: the solicitor who was used in 1988 to purchase the proerty was the same one who was used to amend the proprietorship in 2005. How can this charge be removed? - we don't know if it real, a mistake, Many Thanks!
  9. Hi, A general question... Is charging someone for not paying DD a form of discrimination? I've searched the Stat Instruments and can't find anything covering 'general discrimination'. All I seem to find is Race, Sex and Disability. If the above isn't the case, when will the zoo start charging fat people more as they take up more room, and thin people get discounted for taking up less? lol
  10. Hi, first post so please bear with me... Attended an appointment at the QE hospital in King's Lynn, parking is a joke usual drive round.... Not wishing to miss my appoinment parked vehicle on grass, along with approx 30-40 others. Did not obstruct or block pathway, cause harm or injury to anyone. Only notice I saw showed not to park on path. Upon returning found a new yellow "windscreen accessory" from CP asking for £80 which would be reduced to £40 if I were to pay within 14 days . I checked three other vehicles parked by and found none to have a P&D ticket or new yellow "windscreen accessory". Details are: Parking Charge for "A - parked in a private car park without clearly displaying a valid permit". Costs seems a bit steep, for what would have cost £5 max to park in the car park but I didn't consider this to be in the car park. General advice seems to be ignore, any further advise would be welcome.
  11. Hi i have a PNC which was for £82. i have filed a stat dec out of time but this was refused so i have applied to have the decision reviewed by a district judge. I have had one visit from a bailiff who simply posted a letter through the letter box. The letter said that they want £418.70 in total for a £82 parking ticket. When i called the bailiff they said that the had done the following work: 1. sent a letter 2. attended the address 3. attended the address I dispute 1. as no letter was received and also 2. a someone is always at home an no visit was made and no letter put through the letter box. The bailiff also said when i spoke to him that he is going to visit the property again and that the total will go up to £580 - over £160 for a visit! I have asked the bailiff to give me a break down of what the charge for letters and attendance - i am waiting for a response. I have read that they can only charge £11.20 for a letter plus vat and then £28 plus vat per visit to the address up to a maximum of 3 visits - but this applies to attendance to levy but not attendance to remove goods. i anticipate that the bailiff will say that they attended to the property twice not to levy but to remove goods - for which it appears that they can change what they want as long as the charge is 'reasonable'. i have read somewhere that bailiffs can not change an attendance to remove goods fee without first levying goods, but i can not find any legislation or cases that support this. what i therefore need to know is 1. is it correct that a bailiff can not charge an attendance to remove goods fee without first attending to levying goods i.e 2. if this is correct what is the legislation /rules/ regulations/ cases that support this 3. Can a bailiff attend the property to levy goods, charge a levy fee but on the same visit remove goods and also charge an attendance for removal fee? 4. are there any rules that clearly set out the process that a bailiff must go through? 5. Can a bailiff attend the property with the intention of removing goods when his does not know whether there are any goods in the property that he can remove and still charge a attendance to remove fee for this? answers /comments will be appreciated. Thanks
  12. I live in Dubai UAE and was recently onHoliday in the UK, I picked up a rental car and we stayed at the Marriott Heathrow,which has recently started using Parking Eye I parked the car and unloadedit in time of 35 mins I have incurred a 120 GBP fine I missed the discount time asthey sent it to me by post. I have been charged 30 GBP by the rental companyfor admin and they have passed on my private contact details to Parking Eye whohave sent me the notice for payment, Are rental company’s allowed to pass on mydetails to a third party these are not Traffic Violations The charge is ridiculous what is the bestcourse of action if I refuse to pay are there any issue I need to be aware of
  13. Hello everyone My husband took his elderly father to look round a local market recently, and today has received a parking charge letter from Parking Eye which states he either did not pay the parking fee on the car park where he parked, or overstayed his welcome My husband remembers paying for a ticket and displaying it, so they are literally trying to charge him (£60 if he pays straight away or £90 if he doesn't etc.), for overstaying by a few minutes according to the times on the letter that he arrived and departed!! Bearing in mind the fact that my father in law is in his 80s and doesn't exactly run like a gazelle - I think its unfair that my husband should be expected to pay this fine! However I've also read its best not to appeal but just to ignore their letters and only respond to any court papers. I've been reading up on other threads on here about Parking Eye, and we fully intend to ignore the letter, but I wanted to come on here and share our experience for a bit of moral support and to ask for help if I may, if Parking Eye start to get nasty? Love SG x
  14. Much to my surprise i recieved a letter today from Roxburghe debt collectors, acting on behalf of Vinci Park Service UK LTD claiming an unpaid parking charge notice of £154.00 the unauthorised parking event is "F- on yellow lines" and took place at Parrs Wood Entertainment Centre back in 25/02/12. But here's the funny part... I was the owner of the car at the time of the offence, I may have even been present at the site of the offence, but I have NEVER received any parking charge notice whatsoever, this is the first I have heard of about the whole thing, which took place 3 whole months ago! I am now being told to pay the £154.00 within 14 days. I am a law-abiding law student, whenever I have had a penalty charge notice I have paid up straight away, so right now I am confused as to what my next steps are, I have just completed a law degree but unfortunately parking charge notices never arose! Do I contact Vinci Park Service UK LTD first, or the debt collectors? Surely I cannot be found guilty of a motoring offence when I haven't been given a warning or any parking charge notice WHATSOEVER? Any advice on what to do would be most grateful, since I only have 14 days to sort it out it seems! Tim
  15. Hi All I had a loan from a bank go bad in 2007, and under the threat of a Statutory Demand from the bank's solicitors, I reluctantly agreed to sign a consent and CH1 form to have the amount registered against my home. In emails with the other parties solicitors, it was agreed that the money owed could be reimbursed on the sale of the property. To make it clear, there was no County Court action back in 2007, and I have heard nothing since. Now it's 2012, and not surprisingly, I guess, because I have not sold my home as quickly as might be expected, the bank want their money back! To that end, I have been issued with a Default Notice direct by the bank. As it stands at the moment, the debt is fixed with no interest added since 2007 and simply a charge on my home. The real threat of this Default Notice of course is that if this does go to County Court, then considerable interest might be added. Here's the plan, I would appreciate some advice: 1) Can I put the account "in dispute" by asking to see a copy of the the Agreement, and so buy time by holding off any proposed county court action? 2)Whilst they are sorting out the Agreement, i need to fire something off to them regarding the proposed county court action breaching our arrangement in 2007, let me explain: back in 2007, when I signed the consent and CH1, I specifically appended emails between me and the bank's solictors which make it clear that the charge attaches to the property until I choose to sell, remortgage or pay-off the settlement balance in full. So I am saying that I only signed the consent and CH1 on that basis. Can someone advise what I need to do for 1), as I must act fast! Any input on 2) would be very helpful.
  16. recently had a LPS parking charge notice demanding £60 within 28 days. Stupidly I appealed, saying I hadn't purchased a ticket but had only parked there to quickly use the toilets. They refused the appeal. I gave my name and address. Should I ignore this 'fine' as some suggest or pay up?
  17. About 6 weeks ago I parked (for less than 10 minutes) by a kerb that had no yellow lines, no parking bays and no obvious restrictions. When I returned to my car, a parking attendant had just placed a ticket on my windscreen. When I protested, he said I had parked in a Pay & Display area without paying. I said there were absolutely no markings where I parked and said I would take a photograph to prove my point with the council. He then said to me "If you ask me nicely, I will cancel the ticket". Not wanting to prolong this discussion, I said to him (OK then, I would be very grateful if you will kindly do so" He replied "OK, I will cancel the ticket" and he proceeded to remove the ticket, folded it and put it in his pocket, got into his car (which incidentally was parked on the opposite side of the road on yellow lines!) and drove off. I also have a witness to all that took place. I visited the site the next day and took photographs of the spot I was parked at just in case of a problem. This week, I received a Notice to Owner from the council saying I had not paid the PCN so obviously the parking attendant lied when he said he would cancel the ticket. I checked the website, but there is no photograph of the alleged offence. I intend to appeal on the grounds that (1) there were no yellow lines, white lines or parking bays marked where I parked, and (2) the parking attendant said he would cancel the ticket and took it away, denying me the opportunity of appealing the charge and freezing the amount to pay at the lower amount. Any advice or tips gratefully received.
  18. Hopefully this will make sense! We got a penalty notice from Derbyshire, where we have never visited for a parking ticket. Been trying to fight this for nearly two years. The van was never registered at DVLA to us or to our address. The parking ticket was issued in a company name that does not exsist, although contains our surname. The registered keeper provided our address and the company name to the council involved. I don't seem to have got a warrant of execution notice from the courts. I have filed every form going with no joy......now I have a demand for £125 to be paid in 7 days from Marstons. Is there anything I can do? Any help or thoughts greatly appreciated.
  19. Hi All, Just a quickie, but have been informed today that my local council want an amount of money from me relating to Community Charge 22 years ago. I know that council tax is not statute barred but does the same apply to community charge? Thanks! Jackie:|
  20. can someone please point me in the right direction.. I have had a charge put on my property by Weightmans,due to Marlin Europe l Limited on behalf of an overdraft with yorkshire bank. i requested a payment card from Marlin but never received anything also i never received anything with account numbers nor bank details to send payment too,it was then refered to weightmans who again never supplied account details....so after stupidly ignoring them ive now have an interim charging order for £ 3,611.69. It goes to a court hearing on the 19th july 2012. Is there anything i can do before the 19th july that can stop this charge being applied,i do not want a fairly small debt to jeopardise my home. any help would be appreciated:|
  21. Hi, i received a parking charge notice from Parking Eye when i pulled in to a Thistle Hotel staff car park whilst on holiday in Poole. There were signs stating it was a staff car park, but didn't see reference to Parking Eye and even if i had, i wouldn't have known who they were as i've never hard a notice like this before. Stupidly, i neglected to google this and went ahead and 'appealed' to Parking Eye by email, basically admitting that i was the driver and only pulled in to the car park because my 2 year old was poorly in the back of the car and we needed to sort him out. We didn't get out of the car and were there for 35 mins. Then yesterday i received a letter from Parking Eye stating my appeal had been unsuccessful and i again responded by email asking for sympathy on the matter, which i know is laughable now. Only then did i think to google Parking Eye and found a myriad of stories and that i should have ignored them in the first place. Question is, what do i do now? I'm tempted to send a letter with lots of legal jargon which i've picked up, demonstrating that they can't do anything, or i can just ignore them. Obviously i don't want a court case on my hands and the fact i've basically admitted i was the driver does put me in a weaker position. Any advice would be useful. Thanks Anthony
  22. from Excel Parking Services Limited. I have seen threads on here previously regarding this company . A ticket for payment request was left on my van. I have ignored it. i have also ignored two letters requesting payment. I have now rec'd a paper headed ''Information/Summons' with details of a date of hearing etc in a local magistrates court for failing to pay the excess charge. I do not know if this summons is genuine or no .. any advice or comments most welcome...
  23. Hi, Amongst all my issues with Barclaycard was the question of penalty charges. So while the battle with my SAR was going on, I thought I would try to reclaim penalty charges which I had, I discovered, been added to my account while paying through a DMP. So, sent off the letter asking for them back and heard nothing further. Yesterday, for the first time in 2.5 years, I received a statement from Barclaycard (another issue). On the statement were two credit entries. One for refund of penalty charges (last 6 years worth) and refund of interest. The total for penalty charges did equal what had been paid but the interest payment was nowhere near what the credit card charges spreadsheet calculated. (It works out to approx 8%). Is it usual for these payments just to appear out of the blue on statements with no formal letter of complaint being upheld and is it worth trying to get the interest paid at a higher rate? Jedicris
  24. Hi dear, two months ago i parked outside my friends house where there is a parking space on the footpath and went to work. My friend called me soon after she noticed that i had parked in there to let me know that the sign for this parking space had been removed by haringey council about a year ago without previous warning. She had actually seen the people removing it and asked them what was going on to which they replied that they were getting the sign back. They never did!!! When I got back home i did some research and found that if the council was to remove a parking space they had to let the public know by letting the bussenesses, neighbours and local paper aware of their intentions. None of this happened, they didnt warn any motorist of this parking removal with any signs and as it was very small it is very difficult to notice it. I then challenge the council and explained what i have just said and that I would like the fine to be removed as well as having a sign in the parking space making other driver aware of the removal of this parking space and the consecuence risk of been fined. After two months they have writen back to me saying that they are rejecting my informal challenge as -the penalty charge was issued for parking with one or more wheels on any part of an urban road other than a carriageway (footway parking). Any part of the public highway not set aside for vehicles is covered by the footway ban and includes pavements, grass verges, central reservations, ramps linking private property to the road ( vehicle croos over) and other pedestrian areas. Vehicles should only be parked with all the wheels on the road. Unless authority has been given by haringey council for vehicles to park on the footway or grass verge, then parking in this way is not aloud. Permitted for footway parking has not been granted to haringey council in that part of priory road n8. The reason for this is to ensure the safety of road users and pedestrians and to prevent damage to the footway. I am there satisfied that the penalty charge notice was served correctly and i am not willing to cancel it. i believe they are avoiding putting a sign out as other motorist might be challenging other charges. Also the whole road has parking on top of the pavement on both sides of the road which seems to me contradicting themselves!!! I would apreciate if anyone could give me any advice as i would have to pay the fine otherwise in 10 days. Many thanks Maria
  25. I've asked this elsewhere, but it may be more appropriate here. I began a 30-day rolling contract in January after my previous 18 month contract came to an end. The monthly contract was for roughly £13pcm. On the 28th of June I ported my number to GiffGaff. I received my final bill a couple of days ago that stated I owed them ~£20. A Notice Period Charge of £24.xx and a rebate of £4 for what I assume was ending my contract part-way through the month. I sent TMobile an email refuting the charge, and received the following back (the actual mail was more lengthy, this is the meat): Does anyone know what is meant by the 'to ensure you always pay for the next 30 days' nonsense? When I requested the PAC, at no point was I told that I would be charged for using the PAC within 30 days. I know that it's 'only £20', but it's the principle of the matter. The monthly contract was for only £13, and you can't say in all seriousness that clicking a few buttons on the computer leads to administrative costs of £24. Am I right to challenge this charge? I've cancelled my direct debit so there can be no 'oops, we took the money anyway!' mistakes. What are the implications of fighting this? Thanks to everyone who reads this.
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