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    • it is NOT A FINE.....this is an extremely important point to understand no-one bar a magistrate in a magistrates criminal court can ever fine anyone for anything. Private Parking Tickets (speculative invoices) are NOT a criminal matter, merely a speculative contractual Civil matter hence they can only try a speculative monetary claim via the civil county court system (which is no more a legal powers matter than what any member of Joe Public can do). Until/unless they do raise a county court claim a CCJ and win, there are not ANY enforcement powers they can undertake other than using a DCA, whom are legally powerless and are not BAILIFFS. Penalty Charge Notices issued by local authorities etc were decriminalised years ago - meaning they no longer can progress a claim to the magistrates court to enforce, but go directly to legal enforcement via a real BAILIFF themselves. 10'000 of people waste £m's paying private parking companies because they think they are FINES...and the media do not help either. the more people read the above the less income this shark industry get. where your post said fine it now says charge .............. please fill out the Q&A ASAP. dx  
    • Well done on reading the other threads. If ECP haven't got the guts to do court then there is no reason to pay them. From other threads there is a 35-minute free stay after which you need to pay, with the signs hidden where no-one will read them.  Which probably explains why ECP threaten this & threaten that, but in the end daren't do court. As for your employer - well you can out yourself as the driver to ECP so the hamster bedding will arrive at yours.  Get your employer to do that using the e-mail address under Appeals and Transfer Of Liability.  
    • good you are getting there. Lloyds/TSb...i certainly would not be risking possible off-setting going on if a choice were there, but in all honestly thats obv too late now..., however..you might not never be in that situation so dont worry too much. regardless to being defaulted or not, if any debt that is not paid/used in 6yrs it becomes statute barred. you need to understand a couple of things like 'default' and 'default notice' a default is simply a recorded D in the calendar section/history of a debt, it does not really mean anything. might slightly hit your rating. the important thing here is a default notice , these are issued by the original creditor (OC) under the consumer credit act, it gives you 14 days to settle whatever they are asking, if you don't then they have the option to register a defaulted date on your credit file. that can make getting other credit more difficult. and hits your rating. once that happens, not matter what you do after that, paying it or not or not paid off or not, the whole account vanishes from your credit file on the DN's 6th b'day. though that might not necessarily mean the debt is not still owed - thats down to the SB date above. an OC very rarely does court and only the OWNER of a debt can instigate any court action (Attempted a CCJ) DCA's debt collection agencies - DCA's are NOT BAILIFFS they have ZERO legal powers on ANY debt - no matter what it's TYPE. an OC make pass a debt to a dca as their client to try and spoof people into paying through legal ignorance of the above statement. an OC may SELL on an old debt to a DCA/debt buyer (approx 10p=£1) and then claim their losses through tax write off and their business insurance, wiping their hands of the debt. the DCA then becomes the debt OWNER. since the late 70's dca's pull all kinds of 'stunts' through threat-o-grams to spoof a debtor into paying them the full value of the debt, when they bought if for a discounted sum (typically 10p=£1). you never pay a dca a penny! if read carefully, NONE of their letters nor those of any other 'trading names' they spoof themselves under making it seem it's going up some kind of legitimate legal 'chain' say WILL anything....just carefully worded letters with all kinds of threats of what could/might/poss happen with other such words as instruct forward pass... well my dog does not sit when instructed too...so... DCA's SOMETIMES will issue a court claim, but in all honesty its simply a speculative claim hoping mugs wet themselves and cough up...oh im going to court... BIG DEAL DCA - show me the enforceable paperwork signed by me...9/10 they dont have it and if your defence is conducted properly, most run away from you . however before they do all that they now have to send a letter of claim, cause the courts got fed up with them issuing +750'000PA speculative claims and jamming up the legal system. so bottom line is two conclusions.... if you cant pay a debt, get a DN issued ASAP (stop paying it!) make sure it gets registered on your file then it stops hurting your file/future credit in 6yrs regardless to what happens (bar of course a later DCA CCJ - fat chance mind!)  once you've a registered DN , then look into restarting payments if the debt is still owed by the OC, if SOLD to a DCA, don't pay - see if they issue a letter of claim (then comeback here!).        
    • Any update here?  I ask as we have someone new being hassled for parking at this site.
    • Any update here?  I ask as we have someone new being hassled for parking at this site.
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    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

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    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
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      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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UNPLANNED O/D FEES HELP(I'm from poland)


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I was in Poland recently and how I came back found letters from Lloyds TSB that they counted up me punishment. But I now that this punishmant is counted up when I have overdraf but may account balance he was positive, +few pound and the same day I paid in money and buy something on Ebay. But now (today) I checked my statement and I see that first I paid in money next bank he took 75Ł(unplanned o/d fees) but in the same day i buy and first check how much money I have. and I see now that bank he took me cash but transaction purshase she was realized 2 days later.I dont know what I must do now because I had not overdraf and I do not it intention to pay. What I can make because I do not want to have problems. I ask to write comprehensibly because I find more topic about this problem but I don't understand all. I think that this is different case because I had not overdraf:o

 

Thanks a lot

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Your case is no different to others. The bank have taken out charges on the day you deposited money to purchase goods from e-bay which will result in further charges.

The best plan for you would be to contact the bank and ask for the charges to be returned as when you bought the product from e-bay you made sure funds were available. Did the bank notify you in writing that the charges were to come out of your account on that day?

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He sended information that (You asked us to make a number of payments for you on 5th march 2008.we wanted to let you know that unfortunetly there was enough money in your accountto cover all of them.we have provided you with an unplanned overdraft to cover the payments we made) but why bank he took me 75Ł in the same day when I paid in cash in my account but i had money it was not debt.And when Paypal system he took mpney from my account (5th march) I had not already enough money.Bank sended me second message(letter)it seems me that reprimand.I think that bank he should to take this money when I would have debt but I had not. :confused:

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Really sorry but I cant quite understand exactly whats happened here but I would advise you to contact your bank and discuss this with them at the branch if possible, they have the ability to refund those charges.

 

 

If im right in reading this you are saying on the 5th March you paid in cash to cover these payments yet the bank are saying there was insufficient funds available and provided you with a temp overdraft then charged you £75 for it.

 

If so do you still have the payment slip when you deposited cash in that day, if so take this with you when you go to the bank.

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This is my statement ....look

 

 

Date Payment type Details Paid out Paid in Balance

 

14feb DEB Asda 1.40 3.20

 

25feb DEB Asda 1.38 1.91

 

3mar DEB payment 140

 

3mar CHG Unplanned 75.00 66.91

 

5mar DEB paypal 139.83 72.92DR

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In january a had 2 pound debt because i buy something but I did't know how much money I have. Sended me information about this debt and I paid in 30Ł and they returned me these 2Ł and Ihad balance 28Ł.Possible that about this.If so what I can make:(

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I go to the bank tomorrow but whot I mus to take with me(what documents)

whether I have to take with me confirmation purchace on ebay and that paymant in paypal?I have yet payment slip but what have payment slip when I deposited cash in that day?because I don"t understand all?

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Hi again. I was there yesterday and they said that me this annul but I have yet debt.I have go there once again? maybe I don't know mayby a bit this lasts? If I make a mistake ....improvements me. Thanks a lot for your help.

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