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    • I have received a PCN from Euro Car Parks for MFG - Esso Cobham - Gravesend. I was completely unaware that there was any such limit for parking and always considered this to be a service station. I stopped there to use the toilet, have a coffee and made a couple of work calls. I have read the previous topics on this location which suggest I can ignore this and ECP will not take legal action. The one possible complication is that the vehicle is leased by my employer so I do not want to involve them with the associated reminders and threatening letters. The PCN was first issued to the leasing company Arval who have notified ECP of the hiring company. I have attached a copy of the PCN Notice to Hirer with details removed as per instructions. What options do I have or should I just pay the PCN promptly at the reduced rate of £60? img20240424_23142631.pdf
    • What you have uploaded is a letter with daft empty threats from third-party paper tigers.  Just ignore it. What we need to see is the original invoice you received last October or November.
    • Thanks for posting the CPR contents. i do wish you hadn't blanked out the dates and times since at times they can be relevant . Can you please repost including times and dates. They say that they sent a copy of  the original  PCN that they sent to the Hirer  along with your hire agreement documents. Did you receive them and if so can you please upload the original PCN without erasing dates and times. If they did include  all the paperwork they said, then that PCN is pretty near compliant except for their error with the discount time. In the Act it isn't actually specified but to offer a discount for 14 days from the OFFENCE is a joke. the offence occurred probably a couple of months prior to you receiving your Notice to Hirer.  Also the words in parentheses n the Act have been missed off. Section 14 [5][c] (c)warn the hirer that if, after the period of 21 days beginning with the day after that on which the notice to hirer is given, the amount of unpaid parking charges referred to in the notice to keeper under paragraph 8(2)(f) or 9(2)(f) (as the case may be) has not been paid in full, the creditor will (if any applicable requirements are met) have the right to recover from the hirer so much of that amount as remains unpaid; Though it states "if any applicable ...." as opposed to "if all applicable......" in Section 8 or 9. Maybe the Site could explain what the difference between the two terms mean if there is a difference. Also on your claim form they keeper referring to you as the driver or the keeper.  You are the Hirer and only the Hirer is responsible for the charge EVEN IF THEY WEREN'T THE DRIVER. So they cannot pursue the driver and nowhere in the Hirer section of the Act is the hirer ever named as the keeper so NPC are pursuing the wrong person.  
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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.

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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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Revoked my licence on medical grounds/ appeal help plz


wulliamwallace
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Hi, At the start of last year i was attacked trying to stop a gang from stealing my car, the assault left me with a serious head injury including a subachranoid brain haemorrhage, after a few months i started driving again with no problems on that side at all also ive had no siezures or fits since the assault.

I was told by my gp i was ok to drive but my neuro pyscholigist pressured me into telling dvla as it was her duty to do so also.

So i informed the dvla and was told to resit my cat b driving test, which i did and failed, reasons going to slow through country roads (national speed limit) and hesitating at roundabouts, these i admit were silly fails as roadworks at start of country put me off and i decided to play safe at 30 mph, same with roundabouts had a moment where i stopped instead of going straight through. The nerves and dependency of my licence got to me.

Anyways i now have recieved a letter revoking my licence, i have to apply for a provisional disability licence and then re-apply in 3 months with medical backup and lessons, or appeal and take them to a sheriff court within 21 days, they have not explained the appeal procedure and when i asked for exact reasons for revoke she said "sorry i cant read the writing".

 

Can someone please tell me what my rights are and what shall i do ? Is there a chance ill win against them at court ?

 

I need my car to get around as the attack has left me traumatized and afraid to use public transport.

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I'm assuming you live in Scotland? I've only been present in court where a similar case, and the DVLA didn't turn up the case was abandoned and the DVLA ordered to restore the licence.

 

Apart from that, I can't offer any other insights - other than don't expect to represent yourself in court and win. You need someone who knows the rules to fight your side, as if the solicitor acting for the DVLA actually turned up, the pursuer would most likely have lost.

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It's a shame they cannot provide representation - you don't have any legal cover within your House Insurance policy? A Scottish-based motoring solicitor would know all the wrinkles, and could help in preventing a needless additional expense of sitting the test again - but you have to appreciate that for things like blackouts and/or loss of concentration it is vital to medical support. Another factor to remember is under the disclosure rules, you may find your insurance premiums may go through the roof, irrespective of whether your licence is ultimately affected.

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  • 2 years later...

thread closed

 

3 years old

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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