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Appeal not accepted or rejected but receiving debt collection notices

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Comments

  • Umkomaas
    Umkomaas Posts: 43,471 Forumite
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    What is stopping a Parking company from saying drivers need to all stand to attention beside your vehicle when they are checking permits in their t&c's.
    Don’t give them ideas!
    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
  • 1234
    1234 Posts: 130 Forumite
    Part of the Furniture 100 Posts Name Dropper
    How can i find out whom is landowner, I have the land registry details but it names the HA as the owners and MA are the same.

    A query i sent to HA which i was hoping their legal team would refer to lease in showing under which term the PPC is allowed to operated and start court proceedings to recover debts, but this got passed back to MA. The MA in their response refers to this charge as a 'Penalty', considering I have submitted my defence already, can I present this email as further evidence for when I write up witness statement?
  • Coupon-mad
    Coupon-mad Posts: 153,221 Forumite
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    edited 7 November 2019 at 12:53AM
    How can i find out whom is landowner, I have the land registry details
    Then you have the landowners.
    The MA in their response refers to this charge as a 'Penalty', considering I have submitted my defence already, can I present this email as further evidence for when I write up witness statement?
    Yes, as part of an argument that there is no 'legitimate interest' behind the parking charge and it is just an unconscionable penalty in its intention and construction - exactly the sort of case that the Supreme court in P/Eye v Beavis said would have been unrecoverable.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • 1234
    1234 Posts: 130 Forumite
    Part of the Furniture 100 Posts Name Dropper
    I’ve asked for further information as to identity of landowners as my paperwork shows a Church. It’s seem the HA and MA are the same.
    The MA is an arrogant *** and not willing to help in any way or show any can or empathy whatsoever which makes me feel there is a deal under the table.

    In this case would the role of the MA be still a MA and need authority from someone within HA or can the MA just make change as they see fit.

    Previously I’ve asked and been rejected for a copy of signed contract between them and landowners which asserts they can manage and bring claims against residents under sar from Gladstone but rejected that it’s a document they will only show to the judge.

    Given the HA to MA relationship, would the contract still require traceability from PPC to Landowners or would PPC to MA suffice for this claim? (Hopefully that make sense)
  • Coupon-mad
    Coupon-mad Posts: 153,221 Forumite
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    In this case would the role of the MA be still a MA and need authority from someone within HA or can the MA just make change as they see fit.
    Depends what the lease says.
    Previously I’ve asked and been rejected for a copy of signed contract between them and landowners which asserts they can manage and bring claims against residents under sar from Gladstone but rejected that it’s a document they will only show to the judge.
    That is correct; you will see it in their evidence before the hearing. It's not your personal data so not covered by a SAR.
    Given the HA to MA relationship, would the contract still require traceability from PPC to Landowners or would PPC to MA suffice for this claim? (Hopefully that make sense)
    IMHO, most Judges would probably expect to see the authority flowing from the landowner unless the lease grants the MA 'power' to make regulations.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • 1234
    1234 Posts: 130 Forumite
    Part of the Furniture 100 Posts Name Dropper
    thanks.

    Only reference I see is landlord. Am I right in as assuming to expect some trail between landlord and MA even though they might be from same company?
  • Fruitcake
    Fruitcake Posts: 59,467 Forumite
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    The scammers contract must flow from the landowner to them, either directly or via a named intermediary.

    So, anything the scammers show as a parking contract must start with the named landowner as shown on the Land Registry.

    In order to fulfil the requirements of the Companies Act 2006, there must be two signatures from each company involved, or a director's signature and that of a witness. Their position within the company must be given as well.
    I married my cousin. I had to...
    I don't have a sister. :D
    All my screwdrivers are cordless.
    "You're Safety Is My Primary Concern Dear" - Laks
  • 1234
    1234 Posts: 130 Forumite
    Part of the Furniture 100 Posts Name Dropper
    1234 wrote: »
    thanks.

    Only reference I see is landlord. Am I right in as assuming to expect some trail between landlord and MA even though they might be from same company?

    That’s good to know as I don’t trust the MA at all, all his/her responses show very little empathy, if you saw their response you’d think the MA and PPC are the same people, according to them cpm are doing a great job!
  • Umkomaas
    Umkomaas Posts: 43,471 Forumite
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    1234 wrote: »
    That’s good to know as I don’t trust the MA at all, all his/her responses show very little empathy, if you saw their response you’d think the MA and PPC are the same people, according to them cpm are doing a great job!

    Response could well have been/ helped to be drafted by UKCPM, quite possibly a range of templates to cover all complaints and eventualities.
    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
  • 1234
    1234 Posts: 130 Forumite
    Part of the Furniture 100 Posts Name Dropper
    I’ve received a court date however the date that we need to exchange evidence is fast approaching and still non the wiser on what the ppc intend to rely on in court.

    What should I do, continue waiting or write something without seeing their evidence?
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