Jump to content

Search the Community

Showing results for tags 'private'.

  • Search By Tags

    Type tags separated by commas.
  • Search By Author

Content Type


Forums

  • The Consumer Forums: The Mall
    • Welcome to the Consumer Forums
    • FAQs
    • Forum Rules - Please read before posting
    • Consumer Forums website - Post Your Questions & Suggestions about this site
    • Helpful Organisations
    • The Bear Garden – for off-topic chat
  • CAG Community centre
    • CAG Community Centre Subforums:-
  • Consumer TV/Radio Listings
    • Consumer TV and Radio Listings
  • CAG Library - Please register
    • CAG library Subforums
  • Banks, Loans & Credit
    • Bank and Finance Subforums:
    • Other Institutions
  • Retail and Non-retail Goods and Services
    • Non-Retail subforums
    • Retail Subforums
  • Work, Social and Community
    • Work, Social and Community Subforums:
  • Debt problems - including homes/ mortgages, PayDay Loans
    • Debt subforums:
    • PayDay loan and other Short Term Loans subforum:
  • Motoring
    • Motoring subforums
  • Legal Forums
    • Legal Issues subforums

Categories

  • News from the National Consumer Service
  • News from the Web

Blogs

  • A Say in the Life of .....
  • Debt Diaries

Find results in...

Find results that contain...


Date Created

  • Start

    End


Last Updated

  • Start

    End


Filter by number of...

Joined

  • Start

    End


Group


Location

  1. Hi Petroholic, http://www.consumeractiongroup.co.uk/forum/showthread.php?466036-PPM-PCN-claim-form-from-Gladstones-Solicitors-received&p=5014823#post5014823 Hope you are well. I just wondered if you had your court appearance yet and if so, how did it go against gladstones. I have received similar letter from gladstones few days ago. As with your case, there was no NTK and no PCN on the car, only letters from Debt recovery plus last August asking for the fine to be paid, which i ignored as other forums indicated that was best call of action.
  2. Hi All, I was unlucky to have experienced car accident back in February (other driver liable) where my Audi A1 was written off and I'm going through physio for my whiplash. In March I decided to purchase a used Audi A1 and found one on Autotrader via a private seller. I still have the description of the vehicle which stated what the car came with and also that the car was in 'EXCELLENT CONDITION'. My Dad went to check the vehicle, asked standard questions and took it on a test drive - all seemed fine and we made the transaction via a bank transfer. I received a bill of receipt signed by both parties with date, reg etc. Within 24 hours of receiving the car, The EPC and engine management lights came up on the dashboard and judging by the noise the car was making it was clear it was misfiring. The car was booked into the Audi garage and they advised one of the cylinders was misfiring and it would cost £130 to fix then it should be fine. Within days the problem came back and again I took the car back into Audi. They called to say it would cost £1600 for work to be done to ascertain exactly what was going on (I'm no car expert but it involved removing the engine). Anyway, at that stage I started to research online to find out what my legal rights were in terms of getting either a full refund from the seller OR have them take responsibility for the repairs. Under the consumer rights act 2015 I have no rights as the legislation applies only to traders AND we should have checked the car was fit for purpose. I then found a piece of legislation called the Misrepresentation Act 1967 which states: A misrepresentation is a statement of fact (not opinion) which is made by a seller (individual or trader) before a contract is made. If you relied on that statement when deciding whether or not to go ahead with your purchase, and this then turns out to be wrong, you may be able to claim compensation. There are three types of misrepresentation and your path to redress will depend upon whether the false statement was made fraudulently, negligently, or innocently. I don't know which type of misrepresentation but I thought fraud as the seller stated the car was fine when she knew it wasn't. The general remedy for misrepresentation is cancelling or unwinding the contract so that both parties are put back in the position they were in before they made the contract. Damages will also be available in some circumstances, either in addition to or as an alternative to unwinding the contract. The challenge we have is that for misrepresentation in the advert (in my opinion) is that the seller stated the car was in 'excellent condition' (an opinion not a statement) when we now know that the seller knew MONTHS BEFORE she sold us the car that it was misfiring/lights coming on 'sporadically'. As she knew, I'd argue that she misrepresented the vehicle in the advert. I have evidence from Audi stating the issues (in the cars computer system) were apparent from January and have been sporadic ever since. Thus far we have emailed the seller with the original quote and diagnostic from Audi requesting she cover the costs of repair but no reply so far. I'm guessing we can take this to small claims but of course if I can use the Misrepresentation Act I'd try that first (writing to the seller including all the evidence I have) in the hope she'll cough up the money to rescind the contract (as the law states) or have her cover the costs of repair. I am incredibly saddened that a woman who knew I was in a serious car accident and undergoing physio would blatantly omit information when she must have known (dashboard warning lights and noise of engine). Please can anyone advise or share their experiences? Many thanks in advance
  3. Background The landlord initially let a flat to myself via a letting agent "not managed" in 2013 and they used one of their standard 20 page contracts on a fixed term of 12 months. We have recently moved out and now the Landlord is being a pain. Question Every year since the first contract on the expiry of each he choose due to cost to use a Staples type contract which is just 1 A4 Page, simply setting out the details etc. no T&Cs attached such as "you cant do this, You must do this etc" My guess is no as the first contract has a expiry date to this but can the terms of the first contract be used for the renewals even if a copy of the terms is not attached to the new contracts (Renewals)
  4. Almost certainly posted this in the wrong place for which apologies! I am in the process of purchasing some electrical equipment by private sale (running side by side with buying a property from the same vendor). Can anybody point me in the direction of a simple template for a private sale/purchase agreement that is appropriate for use in England? I have found a few online through "legal" websites but they are either very American or require some sort of fee/subscription - my Solicitors will knock one up but also charge the earth! Thanks in advance if anybody can help.
  5. There are two points to my query, I will try to be both accurate and to the point. Our property that we purchased 10 years ago is at the end of a private road. We own 80% of the turning point and one side of the road which is outside a house that has just been sold 'subject to contract'. Our other immediate neighbour owns the other side of the road outside their own house. We have had words with the neighbour who is selling when we moved in as they would park on our private bit of road. We use our piece of road to park two of our vehicles, and we bought the house as it had enough parking, indeed it was sold to us as with additional parking for 3 vehicles. The property being sold has no on street parking (Although they could park on the other side of the house on the main street and enter their property from the garden entrance). Outside their garage is a small driveway, of which half is designated as part of the turning point. This is only marked by a tar line down the wall between our garage and theirs as the previous owners refused to allow it to be marked out on the floor. Their bit is obviously the other 20% of the turning bay. Planning permission for our house and our other neighbours house was subject to this turning point when the property being sold 'sold off' our plots of land in 1980. We have a copy of the original plans to prove this. Our concern is two fold. The new owners will have access and egress over our private road - no issue there - however, from what we have seen of them visiting the property they own multiple vehicles including a large work van. The only way they will be able to park these vehicles is if either D a) they block the turning point - and it is already too narrow so there will be no turning at all and involve reversing down the whole street. Or b) they knock down the front wall and turn the garden behind into parking (similar has been done the other end of the street, but that house owns the road in front of their house). If that was the case, our cars would still block access to their front garden - or would they have the right of access and egress across our parking spaces? Currently the parking spaces are not marked with white lines - we intend to rectify that next weekend as I feel we need a visual obvious sign that we park there. We have briefly spoke to them, just to say hello, when they were viewing and they were very 'off' - so the neighbour has obviously told them we have an issue with parking. They also were quite pointedly saying that our cars were not going to be parked outside their house for much longer! Not to us, but loud enough for us to overhear. I did at that point attempt to point out that we are parked on our own property - but the lady walked off very rudely without even replying. I have spoke to the estate agents to ensure they are notified of the turning point but we just got a solicitors letter from the person selling stating that as turning areas are not on land registry they do not have to notify the purchasers. I can see problems and want to be in a position to avert as easily as possible as life is much easier if we get along. I also feel they should be made aware of restrictions before they complete their purchase.
  6. Hi All I received Parking Notice from Millennium Parking Services in Swansea On 17/01/14. I was parked outside derelict Pilkington Glass factory (private land). There are signs displayed on the wall but friend I was with said it was ok to park there at night, clearly not so. I was going to ignore the notice but seems that is no longer the correct way to go . Advice please?
  7. Hi All, I have received a CCJ from CIVIL ENFORCEMENT LIMITED after parking in a Worcester Leisure centre car park in early February 2016. I was a member at the establishment at the time (I have contacted them, merely stated they didn’t manage the car park), the car park uses ANPR cameras to record all incoming and outgoing vehicles, no barriers. I make no comment on the driver of the vehicle on said date. I received the NTK, followed by follow up letters, followed by a solicitor letter. I have since destroyed all of which. The claim is for approximately £325 Amount Claimed: £250 (Rounded up) Court Fee: £25 Legal representative’s costs: £50 Total: £325 QUOTE from Claim for - “Particulars of Claim: Outstanding debt and damages DATE—DESCRIPTION—AMOUNT—DUE DATE **/02/16 Ref ********** 236.00 **/02/16 Total Due- 236.00 (Ref: www .ce-service.co.uk or Tel:01158225020 The claimant claims the sum of £250 for Outstanding debt and damages including 12.83 interest pursuant to S.69 of the County Courts Act 1984 Rate 8.00% pa from dates above to- 13/10/16 Same rate to Judgment or (sooner) payment Daily rate to Judgment- 0.05 Total debt and interest due- 250.00 I will provide the defendant with separate detailed particulars within 14 days after service of the claim form.” I have looked over a few threads on the forum and drafted an initial defence as seen below. Any and all help/advice greatly welcomed and appreciated. It is admitted that Defendant is the registered keeper of the vehicle in question. However it is denied that the Claimant has authority to bring this claim on the following grounds:- 1. The Protection of Freedom Act 2012 Schedule 4 has not being complied with. The registered keeper has not been proven as the driver, as such the keeper can only be held liable if the claimant has fully complied with the strict requirements. 2. The proper claimant is the landowner. Strict proof is required that there is a chain of contracts leading from the landowner to CIVIL ENFORCEMENT LIMITED. 3. CIVIL ENFORCEMENT LIMITED are not the lawful occupier of the land. (i) absent a contract with the lawful occupier of the land being produced by the claimant, or a chain of contracts showing authorisation stemming from the lawful occupier of the land, I have the reasonable belief that they do not have the authority to issue charges on this land in their own name and that they have no right to bring action regarding this claim. 4. The terms and conditions displayed on the signs at the entrance to the the site in question were unclear and not prominent on site/around the areas in question, so no contract has been formed with driver(s) to pay £100, or any additional fee charged if unpaid in 14 days 5. No sum payable to this Claimant was accepted nor even known about by any driver; as they were not given a fair opportunity to discover the onerous terms by which they would later be bound. 6. The Protection of Freedoms Act does not permit the Claimant to recover a sum greater than the parking charge on the day before a Notice to Keeper was issued. The Claimant cannot recover additional charges. The Defendant also has the reasonable belief that the Claimant has not incurred the stated additional costs and it is put to strict proof that they have actually been incurred. Even if they have been incurred, the Claimant has described them as "legal expenses". These cannot be recovered in the Small Claims Court regardless of the identity of the driver. 7. The provision is a penalty and not a genuine pre-estimate of loss for the following reasons: a) The claimant is not the landowner and suffers no loss whatsoever as a result of a vehicle parking at the location in question b) The amount claimed is a charge and evidently disproportionate to any loss suffered by the Claimant and is therefore unconscionable. 8. This case can be easily distinguished from ParkingEye v Beavis which the Judges held was 'entirely different' from most ordinary economic contract disputes and CIVIL ENFROCEMENT LIMITED have not shown any valid 'legitimate interest' allowing them the unusual right to pursue anything more than a genuine pre-estimate of loss. 9. Save as expressly mentioned above, the Particulars of Claim is denied in its entirety. It is denied that the Claimant is entitled to the relief claimed or any relief at all. I have ACKNOWLEDGED the claim online and have until 14th November to provide a defense. Let me know if there is any further details or information I can provide to strengthen my case. Many thanks!
  8. I gave a "friend" a note with my contact details which included address. He posted this online with comment along the lines I wantes sex with him. Not very nice, I'm sure you'll agree. But is it illegal?
  9. Hello all, I am new here and in need of some opinions please. In March of this year, I sold (as a private individual) a full set of alloy wheels and winter tyres on ebay. The buyer paid £250 cash and went away leaving brilliant feedback. The price was for both as the tyres were already on the alloys. Late October (so over 6 months), I get bombarded with messages saying 2 of the wheels are buckled and are dangerous and cannot be repaired. To cut a long story short, the buyer says that they can prove the tyres have not been used since they bought them (their car was brand new in the spring and the tyre wear on the standard tyres matches the 5k mileage). The buyer also states that an alloy wheel repair guy says the damage is so bad that the car would have been shaking and undriveable. Therefore they say they can prove the damage was there when I sold the wheels. They seek either a full refund or £100 compensation to settle out of small claims court. If they were indeed damaged, I had absolutely no knowledge. The car I had then drove fine on the wheels and certainly didn't shake. Interestingly, the buyer told me they are purchasing brand new alloys to put the tyres on because they acknowledge there is nothing wrong with the tyres. Not sure how they can expect a full refund in that case! Technical question first: If the wheels are as bad as they claim, wouldn't this affect the tyres so that they too would be of poor quality? Legal questions: Fitness for purpose/satisfactory quality does not apply to private sales as I understand it but S.13 of SOGA re sale by description does apply. SOGA has been replaced now though and I can't see anything in the sale by description part of CRA that applies to private sales, do you agree? So, if an argument cannot be brought about the quality (caveat emptor) but lets say they can bring a description argument, my description would have needed to make claims that they were perfect and free from defects. In fact, my description said they were used alloys and tyres over 2 winters and had minor marks and scratches on them. No other claims were made in the advert and I could not advertise them as having a defect because as far as I was concerned, they were fine. All this law blows the mind somewhat! What are my rights here? Has she in fact got this in the bag and I've misread everything? Help! Thanks
  10. Horizon are incoming at my flat. I have been informed that only one permit will be issued to my space. I give my space to a girl I know, while I'm at work for free. I'm not in it and it's never been an issue. I have phoned the management company who hgave informed me that the block management team have voted on this. ( We have a development residents association, which have voted this ) I'm not on it nor ever wish to be. I know that by parking my own car in the space, they would have to ticket me and go through the process of chasing me on multiple tickets. Ive never paid one before, thanks to this fine forum. I just cant deal with the grief of it all. It stresses me out and it's a lot of messing around for something I gain nothing from except a favour for a mate. It does make her life much easier and cheaper and I'd like to carry on. I own the flat. I have owned the flat for 12 years. I was there before the current management company and multiple parking companies. Is there a straight forward legal issue with someone telling me what I can do with something I own a lease on and will until I'm long dead? Apologies if this is in the wrong place.
  11. Are private parking charges now enforceable ?.. I am trying to help someone sort out a parking issue and this company called ZZPS claims that a parking charge issued on private land is enforceable and does not breach the unfair terms in consumer contract regulations 1999. Any advice would be appreciated..
  12. Hi I wonder if someone could help me? I've had a wart on my finger for quite sometime, my NHS doctors tried freezing it with a nitrogen gun on a few occasions which didn't work & I tried various ointments I purchased at the chemist or online plus various alternative methods but the wart just got bigger. My last visit to the doctor I was told that I would have to go private because the NHS didn't cover the removal of warts. I paid to see a private consultant who prescribed me a stronger acid treatment the prescription of which has been referred to my NHS doctor who apparently can prescribe it for me. So why couldn't my doctor prescribe it for me in the first place. Why did it cost me £155.00 to get my NHS doctor to give me something they could've given me in the first place...? :
  13. Hi tony http://www.consumeractiongroup.co.uk/forum/showthread.php?384453-Clydesdale-bank-preference-account-fees-reclaiming&p=4962977#post4962977 I had a Principal Account from 2000 to 2008 when it was abruptly ended by the bank. My experiences sound very similar to yours. I too had a £15,000 overdraft facility and was being charged £50 per month for services on the account. I am currently pursuing the bank on several issues, however they cannot give me any info about the earning threshold that was required to qualify for the account, or who signed the papers to authorise the opening of the account. I would be interested to hear from you to compare notes. Regards Steve
  14. As in the title but here goes. Saturday I drove my car 200 miles down to Gloucester to do a deal with a chap that had a van that I wanted for work. In the eyes of we buy any car his van is worth £685 more than my car but we came to a deal that I would give him £1500 plus my car with 55,000 miles on the clock. Since owning that car I spent a small fortune having the clutch and dual mass flywheel done and full service and then also before we did the deal I had all the starter motor changed for a brand new unit, paintwork imperfections sorted as I told him I would and all the wheels refurbished. I went above and beyond to make sure the car was right as I am honest and also didn't want the deal to go pear shaped after travelling all that way. The guy also drove up around 150 miles from his address so we could meet half way so to speak and save one of us travelling too far. We both did checks and I did HPI checks for both vehicles etc.. we both had test drives checked all relevant documents and decided to do the deal. We both drove home and obviously both satisfied. Then today around 36 hours later he calls me to tell me the turbo had blown and oil was all over and he wants me to pay for it. I feel awful but at the same time I can't help but think I have already spent a lot of money on it and we have already done the swap and agreed to the deal. What if the van brakes down or anything happens today,tomorrow or next week I have taken that chance jut as he did. Where do I stand legally with this one? It was a private sale/swap and neither of us are traders or dealers. Many thanks in advance to anyone who can shed some light on this problem as I am losing sleep over it.
  15. Hi There, This is a long story so hope you are sitting down and got a cuppa. I was medically retired from the NHS in 1997 and placed on IB, I also had a pension from NHS/CIS for about £70 now £73.(2016) The DWP people were aware of the pensions from the beginning as the Hospital filled initial forms in. In about July 2012 was converted to C ESA wrag group which I had a mandatory reconsideration and placed in support group in about Feb2013. I then received a letter saying my C ESA was due to run out in August as id had my year i asked them what i should do and they said if i'm still Ill i could claim IR ESA to which i sent back forms. The next letter says my ESA will continue. Just been reading up and it states that if in support group C ESA can continue indefinitely as long as you satisfy the medical conditions. Im sure i sent pension details also. Then in April 2016 they said i didn't tell them about pensions and that I was overpaid, and that they would write to me again. This weekend i have received a letter Interview under caution as they want to speak to me over my pension freud. So im stressed to hell, after googling a couple of thing am i reading things right. Because my Pension was disregarded for IB in 1997 and in 2001 the rules where changed and pensions where now being taken into account and it is stated anyone before this date stayed on it whatever the size of their pension. Surely then my Pension should be disregarded. So now i'm being done for freud because they say i never told them apparently they new my smaller pension of £12.57 so they took that out of my ESA, should they have taken it out if i was pre 2001. I don't know why they had no paperwork on pension 2 £57, even so its less than the £85 threshold they suggest. Phoned DWP and asked if i'm on C ESA and its less than £85 why are you taking it they said i'm on Both C ESA and IR ESA so they can take it. Why am i getting IR ESA if i'm entitled to be on C ESA indefinitely because i'm in support group. Please Help me
  16. Another parking problem and any advice would be most helpful. Last year on the 14th nov at 6.20 pm, my son parked on a car park in Bradford, We have used it several times in the past and understood it to be Council owned, pay and Display 8AM to 6PM Monday to Friday. We went to a restaurant and returned 1hour later and drove away. On the 18th January we received a parking charge notice alleging that a PCN had been attached to window and we had missed time to pay reduced fine. Given the time lapse, we ignored this and other notices from company, Local Car Park Management. Was notified debt sold to MIL collections, then got a form from Northampton court of judgement in default. At this time my son paid to have this set aside and moved case to Bradford. MIL sent witness pack and there are several points i need to clarify if possible. Photos show windscreen of car, no number plate visible and no PCN attached to car, PCN photo taken separately with no details of where it is from and other details for paying it etc missing, photos of car parked on night of 'breach' Raining dark etc. Evidence of signage supplied shows photos supporting signage taken at a completely different time eg it's daylight, trees in picture have leaves on , signage claimed in diagram of car park do not exist either then or now. I have pulled all this together but i'm trying to confirm that photo's should be contemporaneous to car photo's,? if no PCN is issued as claimed, is the gap from November to January acceptable? Sorry for length of this , and if possible details of cases that i can refer the Judge to. Any help would be appreciated
  17. I would appreciate some advice, please 50 + years ago - OH was involved in an accident whilst playing football. He was a goalkeeper - took a dive to save a ball and was kicked in the top of the spine. He was taken to hospital with a suspected fracture. X-rays didn't show anything seriously damaging although there were some problems with his back / walking. Was kept in hospital for a couple of weeks and was then sent home. Over the years, because of the pain, he contorted his body to alleviate this and developed a kind of weird posture. 30 years ago, he was taken into hospital with a suspected heart attack. After many tests it was discovered that he hadn't had a heart attack as such - the way in which he had held his body to spare himself pain - his spine had curved inwards and was pressing on his heart and lungs. Further investigation found that he had some crumbled discs. He had an operation to hoover out all the bits that were messing with the nerves and after a couple of weeks was sent back home. He developed a paraplegic leg because of this and was fitted with a brace to help with walking. He was retired on the grounds of ill health. About 12 months ago, his other leg started to weaken. His GP referred him to a Neurologist at our local hospital and this is where things started to go pear shaped. The Consultant referred him onto something called One Health, which is apparently a NHS/Private Health initiative. He was sent an appointment to a clinic some miles away - took us over an hour to get there. All that happened here was a fact finding mission on OH's health (which surely they should have been provided with from either the GP or the hospital)? So that visit was purely taken up with getting OH's medical history ! He was then sent an appointment to go to a private hospital in Grantham (over 80 miles away). Problem here was that : He wasn't to drive himself home after the treatment - I could have driven him home, except the idea was that he would go to the appointment early as a day patient - he would have the procedure and then would not know for 4-6 hours afterwards whether he was going to be discharged or ambulanced to another hospital in Sheffield which was another 40 mile journey. So, had I gone with him - I would have had to wait around with 2 dogs and then not know if he was coming home or not and if not, I would have had to drive home on my own - a journey I had never done before. Fortunately a friend offered to do this for us - the procedure was done and he was discharged 5 hours later - and told that he would have a follow up telephone consultation in August. We had believed that they were going to be injecting him with something that would support and cushion any damaged discs - this wasn't so, although we didn't know this until a few days ago. OH was still in considerable pain and on Thursday he took a tumble. We contacted his GP only to be told we had to make contact with the Consultant who did the procedure. As he, the GP, was not aware of what was going on. When we finally tracked someone down - were told OH could either go to Ossett, in West Yorkshire for an immediate consultation or wait until the following day for a telephone consult ! The journey was out of the question. When the Consultant phoned the following day - we were more or less advised that OH could be sent to anywhere in the Country - Scotland even, if that is the place they have a space or consultation time ? It was in this call that we learned that the procedure that had taken place was some kind of dye had been injected into him to see where the problem was ! Surely at this point they should have realised what the problem is/was and made an appointment for the surgery which it is obvious is going to have to take place. The Chap we spoke to on the phone has said that an appointment to see a Consultant Neurology Surgeon will be made and sent to OH ! Has anyone else been put on this type of NHS/Private Initiative and what is their opinion please ? Is it likely the National Health Ombudsman will look at this. Do we have a complaint even, or is this the way forward with the NHS of the future ?
  18. hello, part of my son's job is to visit business's and rectify electrical issues they have. Often in shops or banks he has to park quite close so he can transport his tools. He has received a parking charge notice and I'd like advice please. Please keep things simple... ...I've looked around the site and other consumer sites (eg moneysupermarket) and its my understanding that when parking on private land, the bottom line is that it is unenforceable in law please clarify the above son visits a bank in Warrington and parks up, gets a wrapper on the windscreen with the words "parking notice enclosed" within the plastic wrapper is the ticket from a firm called "parking ticketing ltd" based in Ducie Street Manchester reason for ticket: parked on private property in contravention of the site parking restrictions as displayed on the signage or permit... .....A parking charge of £100 is due within 28 days of the date of issue. A reduced rate of £60 will be accepted if paid within 14 days with failure to pay the full amount within 28 days will result in the charge increasing by a further £50 date of issue:27/1/16 observed time: 12:05 issued time: 12:18 my son emailed them and explained his circumstances (probably have his name now) but they rejected his appeal. Do we just ignore this demand and bin it? this type of event is an going thing for my son as his employer expects the work to be completed but they won't pay any fines. There are security issues with banks in such that, it takes time to sign in and once in, you cannot just come and go as you please so the 10 minute observation grace period is used up before the bank manager even signs him in most times many thanks
  19. READ MORE HERE: https://www.gov.uk/government/news/urgent-appeal-for-family-of-lancastrian-private-george-wilson
  20. READ MORE HERE: https://www.gov.uk/government/news/urgent-appeal-for-family-of-durham-resident-private-harry-vasey
  21. Private Land Fiasco Hello People, Thanks in advance for your help and your patience. This is my first thread ever, so please bear with me. On 14th January 2016 I was slapped with a parking charge notice by Parking Control Management (UK) Ltd for my car being on The Runway, Salisbury Village, Hatfield. I had gone to a small planning exhibition and I was in the community centre opposite for no more than 10 minutes. There was a small amount of parking inside the gates of the community centre but when I got there it was chaos, and so I noticed a space on the opposite side of the road and thought it would be okay to park there. No yellow lines and another car parked close by. Unfortunately for me, when I came out of the centre I saw there was a notice affixed to my windscreen. I also only then noticed that there was a parking about 10 metres away with all the gobbledygook about permits and contracts. The reason I did not see the sign was that I am a carer for 2 people and I was in such a hurry to get in and out of the planning exhibition that I forgot to check for parking signs. The PCN stated that it was issued for "Parked without clearly displaying a valid PCM UK Ltd permit (at the time of enforcement)". They did put a reference on the PCN showing photographic evidence. I had no idea it was private property and I was surprised because The Runway is actually part of a public bus route. I had read up quite a bit of stuff on MSE and Parking Cowboys and so I decided to wait for the NTK. This arrived posted on 16th Feb with given date as 18th Feb. It did mention the POFA 2012 and worded it that I am required to do one of the following pay the outstanding amount £100 or if I was not the driver, provide the full name of the driver etc. It did also mention the appeals service IAS (but I understand this is about as impartial as a tied agent). I thought long and hard about what to do and say. As far as I was concerned, it was just an honest mistake. However, when I replied (as the keeper and not the driver) I declined to name the driver and said "apparently the driver did not see any parking sign and given that the ticket was issued at 16.27 hours on 14th January, I am not surprised, as it was 10 minutes after sunset on a murky winter afternoon. Therefore, as the driver did not see the parking sign, there was no contract formed and no offence committed". I continued that as keeper of the vehicle I am therefore declining to pay this charge and asked them to cancel the ticket. Incidentally, nowhere has it given a parking period. It has only specified 16.27 - I don't know if this is relevant. PCM replied on 17th March that they are " confident that the signage is adequate and clearly states that contractual obligations you agree to by parking. PCM maintain that the terms of this contract are concise and clearly displayed throughout the parking area. It is not sufficient to assume that the parking restrictions didn't apply. Further advice should hae been sought or alternative unrestricted parking should have been found." I actually felt like writing back to them asking "what part of the driver did not see the parking sign" do you not understand? However, I decided not to engage in any more letter tennis. I decided not to appeal to the IAS because they do not allow mitigating circumstances to be taken into consideration. I have now had a letter from Debt Recovery Plus, advising me that I should now pay the amount owed ££160) by 9th May, so I decided to ignore that as well. I note that DRP are quoting Parking Eye vs Beavis, but I don't really see there is any connection. I have spoken to the person on Salisbury Estate who liaises with PCM and found out the landowner is Bovis. I think the next move will be to ask the landowner if PCM have their authority to take people to court. Well, that is my story so far. Obviously I would prefer not to have to go to court, but it may be that this is the only place where I can actually tell my side of things. I would be very grateful for any constructive comments you have for me. Thank you.
  22. Hello you kind people. I believe my long standing case fighting an energy company has, to some extent, contributed to my anticipated divorce. After 42 years of marriage, I am considering divorce. Indeed as you always advise, there are many financial factors to consider. Nevertheless, in the absence of money, I need to make some preparations at this stage before letting him know of my action. My husband has a private investment pension pot. It is set up in connection to his company and he shares the scheme with one other director partner. I am sorry to describe it so naively but I really have no idea of the scheme name. I know that he has included shares, a number of properties and perhaps other assets in the pot. I believe he is entitled and benefits from annual cash withdrawal up to a percentage. He can add to the pot by buying and selling those, new properties and shares. This pot does not bare any connection to me. However my concern is that I need to know how I can protect my share of interest in the pot in the case of divorce. He has kept all our assets within this pot and I guess immune from SHARING THEM WITH ME! Once he finds out about my divorce action, he can easily empty out the pot in no time. What is the name of this scheme? And can I put a freeze of some sort over his assets and at what stage? Do I have a chance or is it a lost cause? I hope I can get some opinions from you kind people here; believe me, I know I should go to a lawyer! many thanks and as always I am grateful for your support.
  23. Hello if someone is in receipt of private pension and went on JSA would they receive the full weekly amount or would they reduce the amount due to the pension. Regards
  24. Hi Guys I need some help with Private parking charge ticket. I am the registered keeper of the vehicle but was not driving the car and the car was been driven by another family member who does not reside in this country as the live abroad. I was shocked to get a parking charge notice from CPM letter saying formal demand notice as I have never received any notice or parking charge ticket on the vehicle. So having done some research, here is what I have noted. 1) According to the formal demand they states that they have issued the PCN to the vehicle because on 27/03/2016 at 23:22 it was parked where the driver became liable for a parking charge. I have checked photographic evidence on their website it shows photos were taken from 23:02 and the last photo was at 23:09 but nothing to show the time 23:22 2) PCN issued on the 1/04/2016 for not displaying a valid permit – Their letter states time issue as 11:19 (Confusing) 3) According to the photos of the signs they have taken they have indicated that they are member of BPA, This is also confirmed on their website but their letter shows that they are a member of IPC. Does this make a difference? I noticed that CPM is under UK Car Park Management Ltd which they are a member of IPC and not BPA . 4) Payment on their website states that ; “Payment Details This Parking Charge Notice is now 26 day(s) OVERDUE. All credit and debit card payments are subject to a £1.50 Processing Fee.” Are they allowed to charges processing fee for debit card. Can someone please help me to draft a letter for these people. I m stuck and I don’t know what to do…
×
×
  • Create New...