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  • FIRST POST
    • ShropshireL4d
    • By ShropshireL4d 21st Jun 17, 1:48 PM
    • 14Posts
    • 5Thanks
    ShropshireL4d
    Does the Cargius case still stand
    • #1
    • 21st Jun 17, 1:48 PM
    Does the Cargius case still stand 21st Jun 17 at 1:48 PM
    Our car overstayed the payment made in a Parking Eye control pay and display car park. We paid £1 for an hour but stayed longer.
    Having read many of these forums we appealed to Popla stating Parking Eye v Cargius as this covers overstaying on paid for parking and amount of invoice is a penalty.
    Appeal rejected stating Parking Eye v Beavis. But our understanding is this is for overstaying on a free car park.
    Please can someone confirm if Cargius still stands after the Beavis supreme court ruling.
Page 2
    • Umkomaas
    • By Umkomaas 3rd Aug 17, 2:24 PM
    • 14,952 Posts
    • 23,477 Thanks
    Umkomaas
    Any comments on doing this?
    Yes - don't! It won't satisfy them and it can be construed that this is a tacit admission of liability. DRP charge £60 to chase alleged debt. They're not after a £1 parking day ticket, why do you think they'll settle for £1, they've spent more than that in contacting you?

    Realised I wrongly stated it was Parking Eye that is chasing us, it is actually Premier Parking.
    Well that's led to some potentially seriously wasted advice about POPLA. Even now you need to make it clearer as to who you are dealing with. There are 3 PPCs with very similar names:

    1. Premier Park
    2. Premier Parking Logistics
    3. Premier Parking Solutions Ltd.

    Each has different levels of litigiousness. If this does get to court, attention to detail will need to be in much sharper focus.
    Last edited by Umkomaas; 03-08-2017 at 2:27 PM.
    We cannot provide you with a silver bullet to get you out of this. You have to be in for the long run, and need to involve yourself in research and work for you to get rid of this. It is not simple. We will help, but can't do it for you.

    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.
    • ShropshireL4d
    • By ShropshireL4d 3rd Aug 17, 2:41 PM
    • 14 Posts
    • 5 Thanks
    ShropshireL4d
    Thanks Umkomaas for your swift reply.
    Firstly apologies for my lack of attention to detail.
    The company is Premier Park Limited.
    Should we send another letter to both stating the Cargius case and maybe ask why they do not think it is relevant?
    Thanks.
    • waamo
    • By waamo 3rd Aug 17, 2:50 PM
    • 2,063 Posts
    • 2,475 Thanks
    waamo
    Know your enemy http://www.bmpa.eu/companydata/Premier_Park.html
    This space for hire.
    • Umkomaas
    • By Umkomaas 3rd Aug 17, 3:37 PM
    • 14,952 Posts
    • 23,477 Thanks
    Umkomaas
    The company is Premier Park Limited.
    Right, finally (hopefully!) we've got the right marine! Too much time spent chasing ParkingEye shadows previously.

    Premier Parking Ltd have become more litigious this year compared to the previous two years. So it now seems a case of wait and see what they do next. Come back if you get a LBA or real court papers.
    We cannot provide you with a silver bullet to get you out of this. You have to be in for the long run, and need to involve yourself in research and work for you to get rid of this. It is not simple. We will help, but can't do it for you.

    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.
    • ShropshireL4d
    • By ShropshireL4d 29th Aug 17, 3:00 PM
    • 14 Posts
    • 5 Thanks
    ShropshireL4d
    We have now received a Notice of Intended Court Action from Debt Recovery Plus Ltd.
    My wife, whose car it was (we have since sold the vehicle), is pressing me to pay.
    We have been on holiday and only opened the letter yesterday, though it was dated 14 August.
    They are asking us to pay £150 by 28.8.2017. Obviously we have missed this.
    They are again stating the Supreme Court judgement of Nov 2015.
    Should I reply with my continued stance that the Cargius case has more bearing on this case?
    Thanks in advance
    • KeithP
    • By KeithP 29th Aug 17, 3:20 PM
    • 3,954 Posts
    • 2,207 Thanks
    KeithP
    Time for you to re-read this post:


    The first line of which is: IGNORE THE DEBT COLLECTORS' STAGE
    .
    • Umkomaas
    • By Umkomaas 29th Aug 17, 3:23 PM
    • 14,952 Posts
    • 23,477 Thanks
    Umkomaas
    That's not a LBA. Do a Google/forum search on 'Notice of Intended Court Action Debt Recovery Plus' and see how many hundreds of others are ignoring this garbage.

    Only come back if you get a (real) LBA from Premier or their Solicitors or real court papers.

    Now is most certainly not the time to consider paying anyone!
    We cannot provide you with a silver bullet to get you out of this. You have to be in for the long run, and need to involve yourself in research and work for you to get rid of this. It is not simple. We will help, but can't do it for you.

    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.
    • beamerguy
    • By beamerguy 29th Aug 17, 6:21 PM
    • 6,166 Posts
    • 7,882 Thanks
    beamerguy
    We have now received a Notice of Intended Court Action from Debt Recovery Plus Ltd.
    My wife, whose car it was (we have since sold the vehicle), is pressing me to pay.
    We have been on holiday and only opened the letter yesterday, though it was dated 14 August.
    They are asking us to pay £150 by 28.8.2017. Obviously we have missed this.
    They are again stating the Supreme Court judgement of Nov 2015.
    Should I reply with my continued stance that the Cargius case has more bearing on this case?
    Thanks in advance
    Originally posted by ShropshireL4d
    This is just DRP playing children again.
    They have this big pram and are constantly throwing their toys out

    DRP ARE TOTAL POWERLESS and their threats are worthless.

    Someone should send a copy of the Beavis case to DRP and
    ask them to read it before making fake claims.

    THE BEAVIS CASE WAS ABOUT "THE CHARGE IS UNFAIR"

    This is just DRP utter rubbish who are trying to extort money
    from you ..... DRP = IGNORE = NO CONTACT = BIN IT


    OR .... if you feel inclined, send it to Trading Standards with
    a complaint that they are making false claims
    Last edited by beamerguy; 29-08-2017 at 6:23 PM.
    RBS - MNBA - CAPITAL ONE - LLOYDS

    DISGUSTING BEHAVIOUR
    • ShropshireL4d
    • By ShropshireL4d 4th Sep 17, 1:11 PM
    • 14 Posts
    • 5 Thanks
    ShropshireL4d
    Thanks to all replies and support so far.
    Just to update, now received reduced final settlement offer of £127.50 to avoid court action.
    The only action taken is to file it with the others and post on here.
    • ShropshireL4d
    • By ShropshireL4d 2nd Oct 17, 11:38 AM
    • 14 Posts
    • 5 Thanks
    ShropshireL4d
    Latest development.
    Received letter from Zenith Collections - Settlement figure reduced to £99.99.
    • beamerguy
    • By beamerguy 2nd Oct 17, 11:51 AM
    • 6,166 Posts
    • 7,882 Thanks
    beamerguy
    Latest development.
    Received letter from Zenith Collections - Settlement figure reduced to £99.99.
    Originally posted by ShropshireL4d
    Zenith are indeed desperate, if the amount is going down, they
    might well be paying you soon.

    IGNORE THEM, they will give up and pass it back to the PPC
    and then you wait to see if the PPC or their legals has a
    suitable case to bring ?

    The problem as from the 1st Oct for the PPC and their legals
    is can they comply to the new claim procedures ???
    RBS - MNBA - CAPITAL ONE - LLOYDS

    DISGUSTING BEHAVIOUR
    • ShropshireL4d
    • By ShropshireL4d 13th Oct 17, 9:12 AM
    • 14 Posts
    • 5 Thanks
    ShropshireL4d
    Yet another letter received from Zenith urging us to "take advantage of their discounted settlement offer of £99.99".
    This letter also includes the paragraphs..
    "You should note that if the case reaches court and a Decree or Judgement is obtained, the amount outstanding may increase.
    It may also seriously affect your ability to obtain credit such as mortgages, credit cards, bank loans etc in the future".

    Surely this will only be the case if we do not pay any court order?
    Are we right in thinking this is a very misleading statement?
    The situation is now feeling a bit like harassment.

    We have read Daisy's letters and are considering something similar to add to our side of the paper trail and further confirm our stance of not paying the "penalty charge".

    Any advice gratefully received.
    • ShropshireL4d
    • By ShropshireL4d 13th Oct 17, 9:23 AM
    • 14 Posts
    • 5 Thanks
    ShropshireL4d
    Hi Beamerguy,
    What new claim procedures would they not be able to comply with?
    • Umkomaas
    • By Umkomaas 13th Oct 17, 2:45 PM
    • 14,952 Posts
    • 23,477 Thanks
    Umkomaas
    Hi Beamerguy,
    What new claim procedures would they not be able to comply with?
    Originally posted by ShropshireL4d
    https://www.hilldickinson.com/insights/articles/new-pre-action-protocol-debt-claims

    http://www.lpc-law.co.uk/news/latest-news/2017/april/pre-action-protocol-for-debt-claims/

    Beyond the above, we know about as much as you do once you’ve read them.
    We cannot provide you with a silver bullet to get you out of this. You have to be in for the long run, and need to involve yourself in research and work for you to get rid of this. It is not simple. We will help, but can't do it for you.

    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.
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