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I want revenge

124

Comments

  • Umkomaas
    Umkomaas Posts: 41,331 Forumite
    First Anniversary Name Dropper First Post Photogenic
    Well done TD. :T:

    As I've commented on your post in the POPLA Decisions sticky:
    It's DPA time for DPD!

    £250? You're waaaay too cheap fella!

    I'll be watching the blood drip down the wall with interest.
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    Private Parking Firms - Killing the High Street
  • The_Deep
    The_Deep Posts: 16,830 Forumite
    That is only if they apologise, it they want to play hardball it will be considerably more.
    You never know how far you can go until you go too far.
  • Ryandavis1959
    Ryandavis1959 Posts: 217 Forumite
    Good luck The Deep, it's good to see someone fighting back instead of on the defensive especially someone who is clearly a smart and tenacious person!! This PPF will rue the day they issued that fake invoice. :beer:

    'the word on the street' (ok it's Facebook again I know it's not popular here but give it a chance :T!) that there is a huge Data protection case being heard either today or tomorrow for DPA breaches against an English parking firm that if sucessful may open the floodgates for a mass sequestration of the scumbags. So perhaps before sending it wait for the results so you can quote this on your claim form? Sorry I don't know further details but I'm sure the results will be posted once heard and known.
    If you were not the driver write to the parking firm and tell them who was so they CANNOT hold you liable. The person who was driving the car is responsible so let them deal with it. Not you! Don’t let people with an agenda tell you otherwise.
  • Coupon-mad
    Coupon-mad Posts: 131,385 Forumite
    Name Dropper First Post Photogenic First Anniversary
    edited 25 July 2017 at 8:59PM
    Ryan, you are a card, and very transparent. Saw through you when you posted about Barry Beavis a while back, matey.

    The more important series of DPA claims are the ones going on and being prepared quietly behind the scenes for people caused significant distress by this aggressive money-grabbing, shameful and utterly pointless industry.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top of this/any page where it says:
    Forum Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • Ryandavis1959
    Ryandavis1959 Posts: 217 Forumite
    Coupon-mad wrote: »
    Ryan, you are a card, and very transparent. Saw through you when you posted about Barry Beavis a while back, matey.

    The more important series of DPA claims are the ones going on and being prepared quietly behind the scenes for people caused significant distress by this aggressive money-grabbing, shameful and utterly pointless industry.
    Excuse me but who do you think you are to throw disgusting accusations like that around? All you have done since I joined this website is try to bully me, presumably because you don't like that I know a lot more about Scottish parking matters than you do which goes against your "fountain of all knowledge" front. I respect your advice on England but you have a lot to learn about Scotland and you know it! I am not the type to be bullied especially when we are on the same side!

    I have put you on ignore now, so don't bother to harass me any further.

    The Deep, I hope you are making progress with your case.
    If you were not the driver write to the parking firm and tell them who was so they CANNOT hold you liable. The person who was driving the car is responsible so let them deal with it. Not you! Don’t let people with an agenda tell you otherwise.
  • beamerguy
    beamerguy Posts: 17,587 Forumite
    First Anniversary Photogenic Name Dropper First Post
    Ryandavis1959 wrote: »
    Excuse me but who do you think you are to throw disgusting accusations like that around? All you have done since I joined this website is try to bully me, presumably because you don't like that I know a lot more about Scottish parking matters than you do which goes against your "fountain of all knowledge" front. I respect your advice on England but you have a lot to learn about Scotland and you know it! I am not the type to be bullied especially when we are on the same side!

    I have put you on ignore now, so don't bother to harass me any further.

    The Deep, I hope you are making progress with your case.

    It is a shame that with your so called knowledge, you did nothing
    to save Carli ????

    When you can show how you helped those in Scotland, come back here ???
  • The_Deep
    The_Deep Posts: 16,830 Forumite
    edited 9 August 2017 at 6:11PM
    The Deep, I hope you are making progress with your case.

    It' coming along, here are a couple of drafts which I will post later this week

    LBA to APCOA

    [FONT=Times New Roman, serif]This Letter Before Action is a claim for compensation for breaching my right to privacy by processing my data in breach of the Data Protection Act by pursuing me as a registered keeper on land covered by bye laws, contrary to the provisions of Schedule 4 of the Protection of Freedoms Act.[/FONT]

    As it has not been possible to resolve this matter amicably, and it is apparent that court action may be necessary, I write in compliance with the Practice Direction on Pre-Action Conduct.

    APCOA has attempted to obtain monies from me as registered keeper to which it has no entitlement and has passed my private data to Debt Recovery Plus and Zenith Collections contrary to their Kadoe contract with the DVLA, and, despite being aware that any actions against me for alleged breaches of Railway Bye-laws should have been directed at either the owner or the driver of the vehicle by the land owner in a criminal court of law.

    I am claiming £500.00 compensation for the distress caused and the waste of my time, and unless this sum is received within fourteen days of the date of this letter, I will commence legal proceeding without further notice. Should you decide to pay, I shall not accerpt any confidentiality clause. .


    Listed below are the documents I intend to rely on in court.

    (deleted)

    I can confirm that I am willing to engage in Alternative Dispute Resolution (ADR) in order to avoid the need for this matter to be resolved by the courts and would invite you to put forward any proposals in this regard. I look forward to hearing from you within the next 28 days.

    Should I not receive a response to my letter within this time frame, I would draw your attention to paragraphs 15 and 16 of the Practice Direction which gives the courts the power to impose sanctions on the parties if they fail to comply with the direction including failing to respond to this letter before claim.


    and to Trading Standards

    [FONT=Times New Roman, serif]I wish to bring to your attention several attempts by APCOA Ltd, Wellington House 4-10, Uxbridge, UB 8 2XW, and their debt collectors. Debt Recovery Plus and Zenith to obtain from me monies to which they had no entitlement, using threat, lies, and misrepresenting the Law. [/FONT]

    [FONT=Times New Roman, serif]This stems from a Parking Charge Notice issued by them to me last year for an alleged breach of their Terms and Conditions of parking at Tilehurst Station car park. I attach a copy of their Notice to Keeper, final acknowledgement of my appeal, and five debt collectors' letters[/FONT]

    [FONT=Times New Roman, serif]The PCN was issued under Contract Law, but, as the land is covered by Railway Bye-Laws, Criminal Law applies, and a case can only be brought by the Train Operating Company in a Magistrates Court within six months. against the owner of driver. Registered Keeper liability under the Protection of Freedoms Act, Schedule 4 does not apply.[/FONT]

    [FONT=Times New Roman, serif]APCOA will know this, but they continue to issue thousands of these tickets to motorists at railway stations and ports and airports and many people are bullied into paying up. In fact, the whole industry is unregulated and this deceit is practised thousands of times a day throughout England and Wales by private parking companies[/FONT]

    [FONT=Times New Roman, serif]It occurs to me that this may be a criminal offence aud and you might like to consider bringing a prosecution, in which case, I shall be delighted to help you in any way I can . [/FONT]
    [FONT=Times New Roman, serif]
    [/FONT]
    [FONT=Times New Roman, serif]Any comments gratefully [/FONT] received.
    You never know how far you can go until you go too far.
  • Ryandavis1959
    Ryandavis1959 Posts: 217 Forumite
    Do you have anything definitive that a parking firm cannot use contract law when bylaws are in place? That will be what trading standards will want to know. Without something from the powers that be backing up your claim I suggest you will get a fob off. You need specifics to pin them down.

    Also you should make it clear who actually issued the NTK and who the creditor is.

    Why are you only claiming £500 when £750 appears to be the going rate?

    Other than that i think you should fire it off and see what they do!
    If you were not the driver write to the parking firm and tell them who was so they CANNOT hold you liable. The person who was driving the car is responsible so let them deal with it. Not you! Don’t let people with an agenda tell you otherwise.
  • Ryandavis1959
    Ryandavis1959 Posts: 217 Forumite
    edited 9 August 2017 at 6:51PM
    beamerguy wrote: »
    It is a shame that with your so called knowledge, you did nothing
    to save Carli ????

    When you can show how you helped those in Scotland, come back here ???
    What more could we do to help Carly after she received her legal aid granting her access to a very good defence team (who were complimented by the Sheriff in the final written Decree published on the official website?)

    I suspect if the nurses had the same legal aid they would have won their court case! Sadly Carly was up against it from the start and clearly the landowner had too much sway...
    If you were not the driver write to the parking firm and tell them who was so they CANNOT hold you liable. The person who was driving the car is responsible so let them deal with it. Not you! Don’t let people with an agenda tell you otherwise.
  • The_Deep
    The_Deep Posts: 16,830 Forumite
    edited 9 August 2017 at 6:54PM
    Ryandavis1959 wrote: »
    Do you have anything definitive that a parking firm cannot use contract law when bylaws are in place?

    Of course they can use contract law, but not against the RK.

    also you should make it clear who actually issued the NTK and who the creditor is.

    Thanks , will add that, but I am sending them a copy of the NTO/D.

    Why are you only claiming £500 when £750 appears to be the going rate?

    I am not greedy Ryan. Anyway, I have too much money already.
    You never know how far you can go until you go too far.
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