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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.

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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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Has anybody at any stage challenged the Sale of Debts to a DCA,

 

 

if the seller is prepared to sell a debt at a specific price why should the debtor not be offered to buy the debt at this price first????

 

 

I am aware most debts are sold in bulk and that there are different layers involved such as a debt being sold where payments are being made

 

 

,then another example debts sold where no payments have been made for a period of time they attract different selling prices,JUST A THOUGHT

 

FS

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As the original debtor was in a position to deal with the debt but didnt there is no incentive to either cancel the debt or to accept an offer from them.

 

 

The selling of a debt happens because it is a bad debt, it creates a hit on the accounts of the company but selling it raises some money.

 

 

The company buying it know that they have little chance of collecting all of the debt so only pay what they see as being a fair bet on collecting some of the value of the debts purchased.

 

 

it is a bit like insurance actuaries looking at life policies,

they know the previous form of the person and use this info to calculate their risks.

 

No incentive for the original creditor to accept a low redemption amount from the debtor or everyone would just not pay their dues and expect to be offered freedom for 10% of what they owe.

 

Anyway, it is not a dca as such who buy debts, they just chase them for other people.

 

 

Dont confuse the 2 different markets.

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Sorry I meant Debt Purchaser, not DCA,

 

Thanks for your comments

 

FS

 

One and the same in reality but a few are bigger than others which enable them to buy debts..but there still DCAs...because they will never be creditors in their own right.....

 

Andy

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  • 6 months later...

the seller of the debt has to send you a letter of assignment saying who now owns the debt. Usually the debt buyer sends the letter using the original creditors letterhead as they tend to buy a parcel of debts.

What many people do is ask for a copy of the deed of assignment, which you are not entitled to see as that is a B2B confidential matter.

No letter of assignment and as far as the debtor is concerned the debt is still to the original creditor.

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Yes, the NOA is almost always in the same envelope of the assignee, although printed with different letterhead, the paper and font is the same.

 

However, if the DCA refers to ''their client'' then it hasn't been sold on, and payments should still go to the OC, if they do indeed merit paying.

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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