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    • Hmm yes I see your point about proof of postage but nonetheless... "A Notice to Keeper can be served by ordinary post and the Protection of Freedoms Act requires that the Notice, to be valid,  must be delivered either (Where a notice to driver (parking ticket) has been served) Not earlier than 28 days after, nor more than 56 days after, the service of that notice to driver; or (Where no notice to driver has been served (e.g ANPR is used)) Not later than 14 days after the vehicle was parked A notice sent by post is to be presumed, unless the contrary is proved, to have been delivered on the second working day after the day on which it is posted; and for this purpose “working day” means any day other than a Saturday, Sunday or a public holiday in England and Wales." My question there is really what might constitute proof? Since you say the issue of delivery is a common one I suppose that no satisfactory answer has been established or you would probably have told me.
    • I would stand your ground and go for the interest. Even if the interest is not awarded you will get the judgement and the worst that might happen is that you won't get your claim fee.  However, it is almost inevitable that you will get the interest.  It is correct that it is at the discretion of the judge but the discretion is almost always exercised in favour of the claimant in these cases.  I think you should stand your ground and don't give even the slightest penny away Another judgement against them on this issue would be very bad for them and they would be really stupid to risk it but if they did, it would cost them far more than the interest they are trying to save which they will most likely have to pay anyway
    • Yep, true to form, they are happy to just save a couple of quid... They invariably lose in court, so to them, that's a win. 😅
    • Your concern regarding the 14 days delivery is a common one. Not been on the forum that long, but I don't think the following thought has ever been challenged. My view is that they should have proof of when it was posted, not when they "issued", or printed it. Of course, they would never show any proof of postage, unless it went to court. Private parking companies are simply after money, and will just keep sending ever more threatening letters to intimidate you into paying up. It's not been mentioned yet, but DO NOT APPEAL! You could inadvertently give up useful legal protection and they will refuse any appeal, because they're just after the cash...  
    • The sign says "Parking conditions apply 24/7". Mind you, that's after a huge wall of text. The whole thing is massively confusing.  Goodness knows what you're meant to do if you spend only a fiver in Iceland or you stay a few minutes over the hour there.
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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.

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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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closed Lloyds account from 2001 continually being chased by DCA's


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Hi everyone,

 

looking for a bit of advice as im getting more and more frustrated with this.

 

 

I had a Lloyds TSB account, opened in 1998 that I had until december 2001

when I switched my account over to Abbey (through work, was a requirement to have an Abbey account weirdly).

 

 

I had a phone call in november of 2001 advising that 2 companies could not be switched over due to the DPA,

so i rang the 2 companies and gave them the new account details (one was o2 for a mobile contract, cant remember the second one).

I then went into the local Lloyds TSB, and handed my card, cheque book and a hand written letter asking for the account to be closed.

 

I heard nothing more from Lloyds TSB until the middle of 2002 when I received a letter stating I owed £320 for unpaid DD charges.

 

 

I rang the collections department and said that i had closed my account in december so did not owe anything,

to which the advisor said that they could see the account was closed so would write that off

and i would hear nothing more of it (not those exact words but you get what i mean).

 

I did not hear anything for around 3 years when this amount surfaced

when a DCA wrote to me saying they owned the debt (alleged) and i had to pay them.

 

 

I rang them back and explained that i did now owe anything, which no surprise fell on deaf ears.

 

 

I have ignored these letters (and phone calls), and

 

 

after a while they disappear only to resurface a couple of years later with a new DCA.

 

 

I do not call these companies now, and do not correspond with them.

 

 

ABout a year ago one company offered me a settlement figure of 45 quid to clear the lot,

however as i do not owe anything why should i pay any figure.

 

 

I am now being hounded by Mckenzie Hall, who are writing letter after letter and leaving voicemails on my home phone number at least once a day.

 

 

I have had the misfortune of speaking to them on the phone and when i refused to cinfirm any details

the guy said they would write to me but would continue to call me.

 

I am now at the end of my tether and really need advice on what to do as after 13 years this is still causing me stress and worry.

 

Any advice will be gratefully received.

 

Ray

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as long as your credit file is clear of these debts

 

 

send them the STATUTE BARRED letter from the library tab top left

 

 

the FCA are clamping down hard on this type of activity now

 

 

just see the new CONC rules

 

 

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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