hi I received a civil parking charge from Athena ANPR ltd my husband over stayed a 1 hr free parking by25 mins due to lack of staff manning the tills in our local LIDLs the incident occurred 10/04/14 and I received the notice 18/04/14 I wrote to appeal stating notice number registration number reason why I took so long in the shop named above stated I cannot justify your profit of loss of £90.00 £45.00 if paid within 14 days asked for POPLA number and signed the letter registered keeper today I received a letter asking me to verify the appeal was sent by me as it was addressed to Miss B king please help as £90 or £45 is more than what I would spend in LIDL as this is a free car park which is very busy and can take up to 20 mins to find a space the queue goes out on the main road and staffing in store is very poor

It never rains it pours Today my son received a parking charge notice from the named above company incident date 10/2/2015 - pcn issued 25/2/2015 ( 15 days later I thought it had to arrive within 14 days ?) the above vehicle wwhich was parked at: silverlink drive thru, silverlink retail park. wallsend ne28 9nd from 10.54.46 to 12.47.03 we therefore require payment of this parking charge notice in accordance with the parking terms and conditions clearly stated on the signage: 90 minutes free parking at any time they have photographic evidence of this incident. my understanding is that it would be a ANPR my son was in the car park - he was in macdonalds and then went back to college for 11.30 at about 12.35approx he was back in car park taking some college friends to macdonalds so he was not in car park the whole time it also arrived 15 days later i thought it had to arrive within 14 days ? thanks for any advice

Hello, This is a query regarding requesting a copy of the original signed credit card agreement using Civil Proceedure Rules 31.16 and not S77/78 CCA 1974. I have already attempted using S77/78 CCA 1974, to be supplied with a copy an agreement which breaches S61(1)abc, S61A and S127(3) CCA 1974 as it contains no date of inception, no signatures of both parties, no prescribed terms at the time of inception, details of of a 3rd party (i.e. another customer) and an address I wasn't living at, at the time the agreement was supposedly taken out (i.e. Feb: 1982 according to hsbc). HSBC claim it is a proper re-constituted agreement, which it isn't as under those rules (and the ruling by Judge David Waksman in 2009) it has to contain the name and address of the borrower at the time the agreement was taken out. I am currently awaiting a decision from the Ombudsman, if that decision is unfavourable to me can I re-request a signed copy of the agreement under the Civil Proceedure Rules 31.16, thank you. Regards, shortbodkin

Hi everyone I just wanted a quick bit of advice. Blemain Finance issued a claim in 2012 and when the matter went to court and the judge was appalled that they were trying to gain possession of a property for such a small amount (1700) and refused to grant them possession. Instead the judge asked that I file a fully pleaded defence on or and that the claimant file and serve their reply. I filed the defence and in March 2013 I received a letter from the claimant's solicitors saying that they have been instructed to vacate the court proceedings. I called the court to find out why and they said because an agreement had been reached. No agreement between us has ever been reached. I have had a solicitor look over the loan agreement and she said that according to the terms therein, that I should pay £399.00 which I offered to them and they refused. I also received a letter from the court saying: "I can confirm that the court received a letter from the claimant requesting that they wish to withdraw all proceedings. This means that the case is now closed. Please note that you will have to seek legal advice if you are going to issue proceedings against the claimant". I received a further claim form for possession of property from Blemain Finance and I have to attend court soon. I now have to respond to this claim and wanted to know whether I could use the fact that they previously withdrew their case as part of my defence. I know from a previous post that Civil Procedure Rules 38.7 might come into effect. Could I possibly use this rule to help me in my defence also? I would really appreciate any advice you could give me.

Good morning all, Been a wee while since i've visited the forum, used to visit regular and help out on the payday loan section. Having a little bit of trouble with civil enforcement and they are now taking me me to court. To cut a long story short I went away to Whitby for the day and parked in a CO-OP car park, I paid the fee but failed to put in my reg correctly. I have been arguing with them for the past two years and they have refused to provide a list of the invalid reg no's for around that time, therefore there is no way do I feel I should have to pay. I have now received a court date following failed mediation where I offered them £2 to cover any admin. The court date is early January. I have received their witness statement, so would be grateful if there is anyone out there who will take a look and help me write a defence. Many thanks Dan

Hi all, I got into a bit of a scrape with Primark (don't laugh) yesterday (23rd October 2014) when I tried to shoplift a couple of shirts that came up to the cost of £26. I was escorted down to a detention room where I was spoken to and my provisional driving licence was photocopied and after a few words I was given a piece of paper stating what the costs of my anticipated 'fine' from this notorious company called RLP will cover. They saw other shirts that I had purchased from another branch along with the receipt which came to the total of £42.90, but that didn't stop them from telling me to expect a 'fine'. I was told that I should be getting this letter in three weeks. I've been doing a frantic amount of research between yesterday and today and from what I've gathered, they have no legal right to scare me into paying anything and all they make is empty threats. However I'm afraid that they may actually contact Primark again and I was told that I would be taken to court if I don't pay up to this RLP company, not to mention they have me on CCTV. However the goods were recovered before I left the store and they were in perfectly resaleable condition. The police weren't called and I wasn't made to sign anything. No additional details like a telephone number or my parents' contact details or anything were taken and I was allowed to go afterwards. I'm anxious they may also turn up unexpectedly to my house when I'm not there, and I do not want my family to know under any circumstances. I was told by a sympathetic security staff member that if I don't pay this fine immigration officers and border control across the EU will be notified and I will be stopped in airports regarding this, and that this will last for 5 years. I know I'm very much in the wrong and I did something stupid but I seriously don't have the money to spare and I don't want to go to court and risk a criminal record. In addition, in principle alone I believe like many others on here it is wrong to extort money from someone by playing on guilt, particularly as it seems I'm going to pay £137.50 for items that came up to £26 that were recovered in a perfectly resaleable condition, which of course the store will make money from anyway regardless of whether I pay the fine or not. Not to mention it would supposedly be 'covering the costs of past shoplifters'. As my parents are forever adamant on taking and opening my mail and get mad if I get a hold of it I have sent off my application for the Mail Collect service Royal Mail runs, so I can collect my mail from the sorting office without running the risk of them seeing it and getting myself into 100x more **** than I'm already in. I also wanted to know if this would show up on any kind of CRB/enhanced CRB check and do retailers regularly check RLP's so-called 'dishonesty register' when someone applies for a job? If so, how long would I be on there for? I'm 18 and I've never had one despite frantic applying. I definitely don't need this as a further setback. Do I ignore the letter when it comes or do I reply? And if so, how? I'm afraid to leave it but I also don't want to be out of pocket because of greedy capitalism on the part of RLP as I believe there is no basis to do so as the goods were recovered, the police weren't called and RLP is a private company with no legitimate connections to the criminal justice system. This was completely out of character for me and I definitely won't be doing it again. I'd lose my friends if they knew as well which is why I'm here looking for advice on what to do when the letter from RLP comes. I just want this over and done with. Please help!!! Thank you xx

[ATTACH=CONFIG]53821[/ATTACH]Hi CAGers, hoping I can get your advice on how to deal with this PCN. I've had a PCN before but this was years ago and the advice at the time was to ignore them. I believe legislation has now changed and the advice is not to ignore... and that there's something called POPLA? Is that right? Anyhow, I received this PCN for parking in the car park at my local Co-op because I overstayed (by 23 minutes) the stated 2 hours of free parking. There are signs on site stating the parking rules, although they are all attached to post at above head height level. I was aware of the 2 hour parking rule and I don't deny that I did overstay (I got there earlier than planned for a 1pm appointment (better early than late, right?) and it took me longer than anticipated to get back to the car) but I don't think £90 is a fair or appropriate fine for a fairly short overstay and I'll be damned if I'm going to pay these extortionate fees if I don't have to. So, gentle CAGers, please advice me of how I go about appealing this and what this POPLA thing is please? Am attaching a .pdf of the PCN letter. [ATTACH=CONFIG]53816[/ATTACH]

Hi, I parked in a Civil enforcement Limited car park in February 2012 and didn't realised I had over stayed the allocated free parking time. The system was fairly new also and I didnt know that the pay machine was in the entrance to the downstairs supermarket as there are virtually no signage detailing what to do. They sent me a fine, to which I researched on the internet about what to do. All advice was to not pay, and send a letter to same effect. i did not admit I was the driver as advised online. I had one more letter then nothing more until last week when i recieved a court summons (N1) for breach of contract. The amount is £165. I dont know what to do now. I can't afford that or need the black mark on my credit. I tried calling CIvil Enforcement Ltd but the number on the claim form and internet are not working. Either saying the are not recieving calls or wont accept my PCN number. I have until the 28th of July to respond. I only just picked up the letter as I am living away from home while our communal roof is being fixed so I need to send something today or they will pass judgement on me as detailed in the letter! Many thanks K Hardy

Hello I had a parking ticket from the council and more fees added so was £240 and i agreed to pay £24 pw but missed 4th payment yesterday as changing job and forgot. And now had notice of attendance £500 total bill owed pushed through letterbox. Shall i ring and offer £50 pw , any advice appreciated

Hi All I got a PCN from Civil Enforcement Ltd, to which i sent them a letter refusing their specuilative invoice and also informing them that I wasn't sure of the drivers identity, as many people have access to this vehicle. They have rejected my representation (see below) How should i proceed? should I send a further letter to them or go down the POPLA route. Many Thanks EOS 5D

ok , so were do i start ,im 34 years old and have been suffering from depression , and recently had my medication reduced, which affected me and i have never committed any crime before but went and stole several drills from b&q , which now i have had my medication corrected am absolutely mortified at what ive done and cannot explain why i have done it, ive been arrested and are currently on bail but not charged yet Well i have now received a letter from civil recovery solutions requesting i pay a sum of 3100 but if pay within 14 days it will be reduced to 2450 , please help me and any advice on what to i can do as i dont have this sort of money and cant sleep with worry

Today (19 Sep 14) RLP's practices were featured on BBC Radio 4's 'You and Yours' programme. The repellent Vanessa Willetts spoke for RLP. Apparently RLP don't think that their methods are either aggressive or misleading, and she says that consequently they won't be changing the way they work. It can, therefore, only be a matter of time before they end up in court. Meanwhile, let's see if what she says is true - but remember, this is RLP, so don't hold your breath - or if they do change anything. The You and Yours piece was interesting in the time allowed, and Richard Dunstan made some good points. It did mention that the Law Commission say there is no legal basis for RLP's claims. Sadly, there wasn't time to feature: - the Oxford case, which one of RLP's retailer clients brought, and lost spectacularly - RLP's highly amusing demonstration of the Streisand Effect, in which they tried to stifle criticism (including reporting of the above case), by hiring expensive lawyers to send a risible letter that achieved no more than giving us all a laugh - RLP's lies about consumer websites being investigated by the police for criminal activity RLP's deceitful attempts to infiltrate this website by the use of sockpuppets like Frogboy - the simple fact that no-one who has followed CAG's advice on how to deal with RLP's aggressive and misleading claims has been taken to court, nor has anyone had to pay anything to RLP unless they chose to

An old man down my road got ripped off by a shoddy workman last week. He was charged a couple of hundred quid for the replacement of a couple of roof tiles, and the workman ended up causing some damage while he was up there too. My neighbour only had the workman's mobile number and name - no address or landline. I assumed - in my ignorance - that this would be a civil case: the auld fella would need to issue a small claim for unsatisfactory work etc, and without an address it would be hard work. But then I was reading about a similar case in the local paper today: a trader charged a pensioner 40 quid to clean the guttering, but only did half a job. The trader was prosecuted for fraud by false representation and received a suspended sentence. I'm curious about the point at which issues like these become criminal matters. Obviously the police would be in a much better position to help my neighbour, but I'd just assumed it was a purely civil matter. Can anyone clear up my primitive, child-like grasp of law?

The future has not looked especially bright for the UK’s once rapidly growing civil recovery industry, ever since its leading practitioner, the Nottingham-based Retail Loss Prevention (RLP), and its retailer client lost – and lost badly – a test case in Oxford County Court in May 2012 (HERE). But a few weeks from now, the industry will receive a further stunning blow that may well prove fatal. On 1 October, the Consumer Protection (Amendment) Regulations 2014 will amend the Consumer Protection from Unfair Trading Regulations 2008, extending the definition of a ‘transactional decision’ and giving consumers new private remedies where a trader uses misleading or aggressive commercial practices. And guidance on the 2014 Regulations, published by the Department for Business Innovation & Skills (BIS) on 14 August, expressly states that, as a result, civil recovery “is now clearly covered” by the consumer protection regime established by the 2008 Regulations. It is important to note that this does not mean that civil recovery per se will become unlawful on 1 October. Rather, any misleading or aggressive action by the civil recovery agents will become unlawful. However, given that, as practised to date by the agents on behalf of household-name retailers such as Asda, Boots, Iceland, Tesco and TK Maxx, civil recovery against alleged shoplifters relies for its profitability on hoodwinking often vulnerable people into paying arbitrary, fixed-sum demands for ‘compensation’ for which there is in fact no legal authority, it is inherently misleading. http://thejusticegap.com/2014/08/end-road-civil-recovery/

Hey folks I am posting to see if I can gain any help with an issue I'm having with my employer, the Northern Ireland civil service. Quick recap, I was off back in December 13 with my mental health condition. As I had a more or less mental break down my psychiatrist had me heavily medicated where I was sleeping 14 hours a day. I returned work in early January 14. I was then issued with a written warning in March 14. I had asked that any sickness absence to do with my disability be disregarded for management attendance purposes but this was ignored. I appealed the issue of the written warning and the decision was upheld. I then contacted the equality commission NI and I'm in the process of taking my. Work up for disability discrimination over the written warning. Due to the stress of all this and social stressors my mood and mental state greatly deteriated and once again I had more or less a mental breakdown/psychotic episode and again I'm off sick from work. My psychiatrist again is heavily medicating me and I'm on 10 tablets a day including anti psychotics, anti depressants, anti anxiety, beta blockers and a mood stabiliser. I have been off sick from June 14. Today my line manager gave me a heads up that he was having to send me out a letter from attendance management saying more or less that if I don't return to work by a certain date that they will be starting proceedings for dismissal. Even though I recently seen the OHS who said I would be unfit for a further 6 weeks and my own GP has given me a sick line for 4 weeks and my psychiatrist has advised that I don't attend work until my mood is stabilised as I run the risk of being a danger to myself or others. So my questions are this. Is this legal? Is it discrimination? Are they out to get me as I already have a tribunal in against them? Can I amend my tribunal claim to include the threatening and bullying behavior by my employer? I'm just stuck to what I'm meant to do next and any help or advice would be greatly appreciated Thanks Chris

Last week on Thursday me and a friend went to Primark. She asked me to get a sticker off another shoe which was 14 pound I got it off the shoe and passed it to her. She took the sticker of the shoes that where 20 pound and stuck the sticker ontop of the shoe and paid for them. When we was on the way out a women in no uniform and no badge came up to my friend grabbed her and dragged her a side. She had a terrible attitude and told her to put her phone away and told her to come with her. The security guard who was in uniform asked me if I wanted to come with her so I followed. We were told to wait in a room in primark for around a hour while the women who dragged my friend by the arm was calling us fat and names to someone outside the room. My friend asked her what was happening as we had been waiting in the room for a long time and she told us we where being prosecuted and the police where on their way. 10 minutes to the shops closing time 2 PSCO's came in and started ripping into us calling us **** and saying I am sly because I do acting and told us we are being given a civil recovery and if we don't pay it the PSCO themselves will kick our doors down and take items out of our house at the same value and when my friend said she can't do that only bailiffs can she started getting defensive saying she can do it herself. I haven't recieved the letter about the civil recovery yet but what do I do when I get it?! When my friend went out to get a refund on her card for the 16pound for the shoes he flirted with her and then told her we are probably looking at 130pound?! I am 17 with no income!!

Hi all it's been a while since I have used the forum but have always received good advice when I have. I have received a N1 claim form through the door from Northampton County Court with the claimant Civil Enforcement Limited apparently claiming for damages from breach of contract. I will attach the pictures of the letter. I do not remember this incident as it's from over a year ago. It's been sent to an old address which I haven't lived at for some years but as it was a works van then the company will of given them the last address they had for me. Obviously it's the first I have heard of any of this as the person at the old address doesn't generally forward letters on but since they could see it was from a court they did this one! I am adamant I never entered into a contract with these people and wish to submit a defence but need some advice as to how to go about it. Any advice would be much lay appreciated!

I am a litigant in person and the Defendants Solicitors have served upon me three witness statements. Not a problem, but these were gained in a Criminal case brought against these individuals who were subsequently found guilty. I have several problems. Can a witness statement that was used in a Crimanal case (written on a "Statement of Witness form) be used against me in my civil claim ? All of them state 10 pages and the last page is missing. One of them has no signature at the end of the text ! ! ! (the note at the bottom of the form clearly states on every page that it "must be signed at the end of the written matter by the person making the statement")although they are signed at the top(but anybody can insert their own dialogue). Several of them have crossings out but are not initialled. Can anybody point me to a "Practice Direction" or a CPR Rule that I can look at.

Hi, Please can someone help ! I've received a civil parking charge in Lidl in Barnsley saying I was 10 mins over the 1hour 30 mins allowed. Photographic evidence sent. I am fortunate enough to have a company car so these notices are sent to the office first then forwarded on to myself. I have already paid one of these last year for ten mins over and having looked on the forum I notice Lidl do this regularly . What should I do next as I really don't want to have to pay again for just shopping ! Thanks

Hi Caggers in the past I have never paid a PCN and never will do, but my gut instinct is telling me think twice with this one. The PCN is from Civil enforcment ltd, they sent me a charge because I stayed over my time by 30 mins. THe problem I have is that when they sent the charge to me they only sent evidence of me leaving the car park and not entering. called the british parking assosiation and they have told me the have to send me evidence of entering and exiting and that they are not happy they have done this. called these cowboys and spoke to a young lady and she said they dont have to and if I want it then I have to put it in writing. if anyone has got any advice or had the same problem please help me sort this company out

the other day I was at sainsburys with my friend and she had popped a bottle into her bag and I walked out with her bag.. . The security guards asked us to follow them to the back of the store and so we did so, police weren't called, we said our sorry's as it was a one time thing and we expressed how much we regretted making that stupid decision. they then told us that we would have to pay an amount of £150 for wasting their time and I just really want to know how this whole civil recovery thing works. Will it come up in a future CRB? They also took a copy of our ID and said how they were going to add it to the database... what database? who will have access too my details? They also said we have a life long ban from all sainsbury's in the country; if I appealed for this to be revoked what would the process consist off? We know that it was wrong on our behalf, even though I only walked out with her bag, which is what got me into trouble, I still know and acknowledge that it was wrong. If anyone can help me and explain this to me in a way that I could understand please leave a comment. Thank you in advance.

Hi all. Last year I received numerous threatening letters from Civil Enforcement Limited demanding I pay some extortionate fee for allegedly parking my car for 2 hours and 18 minutes in our town centre. I have never parked for that length of time in my town centre so ignored all their letters as I could smell a [problem]... 2 weeks ago a claim form arrived through the post with Civil Enforcement Limited as the claimant. I have until Tuesday to submit my defence but wondered if anyone could help with the wording? My main defence is that a contract can only be between the driver of the vehicle and the land owner. As my partner also drives my car I cannot remember which of us may have 'parked' our car for this length of time last July. As a private company I am aware that CEL have no powers to force me to provide them with the identity of the driver of my car on that particular date (which is just as well as I can't remember!) so can I use this as my main defence or should I just use the standard defence that's been posted earlier? Am I right in thinking I can submit this defence by Email to the court? Thanks in advance for your help

HI EVERYONE ! firstly i know this is definitely in the wrong section of the forum but. i could not find the right one so i am sorry mods! i have been panicing about a certain letter i recieved today and scrolled the internet for advice etc and came across this website which in all my days of hobbies and hobbie related forums have never seen such a nice one as this. Everyone ive seen replying is honest and un judging! the letter i recieved today was from RLP the civil recovery specialists... im going to be honest and its so embarrasing i could let the world swallow me up i might of even shed a couple tears of embarrsement i was caught shop lifting in a major supermarket. stupid i know :( i was taken to a room in the back and asked have i got anything to say i just gave them the goods backs which was in perfect order. they explained i was banned from the store and would be looking for reclaim damages costs from me then police was called and asked me the usual.. have i been in trouble etc. they gave me a 80 pound penalty i was then allowed to leave. i paid the 80 pound then today i recieved the letter demanding 147.50 for damages and distraction of staff etc i am in a really bad part of my life atm. not to bore you and that would really topple my life atm. i paid the police fine as i acknowledged my wrong doing and was willing to accept that slap on my wrists. but this is rather... stressful as im not the most brightest person or even confident person to deal with this. can anyone shed some light on this situation. i feel its a bit unique as the others i have read havent been the exact same circumstances as mine. i wil be donating to the forum from my penny pot as i honestly feel i am able to be honest without judgement here and i thank you all for that. for the record im 22 and live in england. thank you

Hi all, Long time reader, first time thread poster. As registered keeper of a particular vehicle I have received a Parking Charge Notice from Civil Enforcement Ltd for aledgedly overstaying in one of their car parks. I presume the advice is no longer to ignore these idiots? Issues I have with the notice: 1. The ticket looks very official, almost like they are trying to make you think that it's a council one (it isn't). The bit about "Civil Enforcement Ltd" is very small and only mentioned once. 2. PCN incident date listed as 04/02/14 and pcn issue date as 19/04/14, received letter on 21st or 22nd. Why leave it so long? (attempting to run the grace period down maybe?) 3. I was not the driver at the time of the alledged incident (can be proved), why are they writing to me (I assume they abused the dvla process to get my name as the keeper)? I presume I have no obligation to name the driver (no space to do so on the form anyway), and it's up to them to prove who the driver was? 4. The car was permitted to be there because my other half works in the retail park in question and the car is supposed to be on an exemption list. She has checked the list however, and it appears that the car has been removed with no warning/notification and no explaination given. I have already phoned the number and spoke to the operator. I stated that I will not be paying the ticket. All I got in reply was that I have to appeal in writing (why bother having phone operators then?). So, what do I do next? Ignore? Appeal in writing/email and tell them to jog on? Name the driver and then tell them that I am their appointed rep?

Hi I am hoping someone may be able to give me some advice on a Parking Charge Notice I have received from Civil Enforcement Ltd. I had watched the Watchdog programme a long while ago that said to ignore these if you receive them. I then received the second letter that says about Section 4 and that the owner of the car is liable for the charge. Having now read through the forums I can see that I should have raised a appeal through POPLA, but there has been too much time since the first letter arrive. Can I carry on ignoring these letters?