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    • Just had an email re the my breache in agreement by her rep.   I asked you yesterday if they had asked about her name in the thread being removed.   The issue they have is the Elizabeth turner and genetic pups entry on google.   they knew I did not put it up and told them so in court.  I dnt know how to post on google.   I told them I cannot remove what I did not post.  when i come back here and saw her name gone from threads title, I presumed her reps sought it.   now I get an email saying her names still on google ur breaching the agreement as it’s still on google.  
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    • How does one obtain the permit? The permit team number is only open between the hours of 9am to 3pm Mon - Fri. It says on the website, To obtain an additional 2 hours, the driver must pay a tariff of £3.00 + booking fees in person at our Security Hut, is that how you get the permit also, from the security hut? What a rigmaroll that would be but maybe just another step to take to try and catch people out?
    • Anotheruser0000 bear in mind that not all Judges are equally versed in the PoFA regulations. Fortunately now most of them are but sometimes a Judge from a higher Court sits in who is well experienced  in Law but not PoFA. and so they sometimes go "offkey" because their knowledge can raise a different set of arguments and solutions. It does seem particularly unfair  when the decision is so  bad . it can also be that in some situations the motorist being a lay person is not sufficiently know ledgeable to be able to counter a Judge's decisions in a way that a barrister could.
    • The argument about the date of receipt is now dead because the PCN  does not comply with the wording  of the Protection of Freedoms Act 2012 Schedule 4.  First reason Section 9 [2] [e]  "state that the creditor does not know both the name of the driver and a current address for service for the driver and invite the keeper—(i)to pay the unpaid parking charges;" Second Reason Section 9 [2][a] "specify the vehicle, the relevant land on which it was parked and the period of parking to which the notice relates;" All your PCN does is mark the time you entered and left the car park. It does not include all the myriad things you do in between-driving into the car park, looking for a parking space-perhaps a disabled space or  parent and Child place@ getting the children or disabled person out of the car then going shopping. Coming back; loading the car with shopping [, getting the children or disabled into the car, taking the trolley back to the store; driving to the exit perhaps stopping to let vehicles/pedestrians cross in front of you etc. so subtracting the driving times from before and after parking can make quite a difference from their time to the actual period parking time. So the upshot is now that only the driver is responsible for paying the PCN and the keeper is not liable at all even if the name of the driver is never known by Nexus so well done for not appealing. You obviously want to keep it that way to make it very difficult for them to win in Court if it ever goes that far. Although your question is now moot since  the same objective has been achieved by the non compliant PCN [ie no keeper liability] just  about the only way to dispute the timing of the PCN would be if one kept the envelope and there was a discernible date stamp on it that did not match the date on the PCN. There is a new Act coming out [and it cannot come quickly enough ] and one of the things required is that parking companies will have to prove the date of sending out their PCNs. We are not the only ones who sometimes doubt the veracity of their dates particularly as the later it is sent [unlawfully] the shorter the period motorists have to benefit [?] from the reduced payment. I haven't seen it on your posts but do you know how long you are permitted to park for free?
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ACF/TFC BOS HP Agreement - illegal? repo- now cabot Chasing HP shortfall


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you indicate in earlier posts the BOS WAS registered with the court within 7 fays?

 

now i'm not too sure there WAS a valid DN ?

 

in existence??

 

 

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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As far as I can see

 

BOS valid

DN valid

 

If Cabot do obtain agreement

 

Formal Complaint will be the way forward

PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 

 

 

Any help I am able to give is from my own experience only. Should you have any doubt you should contact a qualified professional.

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Yeah

 

After what DX said I was looking through what constitutes a valid DN and couldn't find anything wrong to be fair. Other than information sheets missing which I left out of the scans to save time.

 

Other than the charges I don't think there is anything else I can complain about? Fingers crossed now hoping the CCA never appears....

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  • 5 months later...

Bills of Sale are notoriously difficult to get right.

The TFC version has a huge defect which is a consequence I think of how they were set up with ACF providing the car and it does not sit well at all with the legislation or case law.

It would need litigation to resolve whether it invalidates the BOS.

 

I do often notice people claiming that BOS filed with Court out-of-time invalidates it.

The later BOS Act allows for out-of-time filing and specifically states that if it is accepted by the Court then it is valid.

These claims are bound to fail if the BOS was registered and accepted by the Court.

 

Easier claims relate to the BOS not being in the correct form and not being properly signed and independently witnessed.

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They don't have to be Ind witnessed

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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Oh, they do.

Although confusion over who counts as independent.

 

 

Case law says employee of company can witness in their own personal capacity.

 

 

Advice I used to give was

(i) salesman on the deal is likely NOT independent even if signing in own capacity; and

(ii) if employee needs to witness make sure they give their home address and not business address to reinforce independence.

 

 

As usual with BOS it is clouded with uncertainty.

If (i) or (ii) are breached then BOS may be invalid.

Probably would win at FOS if that was pleaded.

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  • 4 weeks later...

dx is correct, whilst it may be good practice, there is no statutory requirement for an independent witness

 

Case law is quite clear, anyone thinking that the witness issue challenge is "easier " should read and study the conclusions of the2011 landmark case of Logbook Loans v OFT .

 

One of which was the

requirement for a witness to be "credible" meant no more than "competent", and did not require the witness to be "independent".

 

 

It was acknowledged by Parliament and the Courts at the time that even a wholly independent witness would not protect a borrower against factors such as economic pressures , lack of understanding of the transaction, or rushing into a transaction

 

As regards the FOS it is not within their remit to judge the legality of a document in isolation

PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 

 

 

Any help I am able to give is from my own experience only. Should you have any doubt you should contact a qualified professional.

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