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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.

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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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MMF/Moriarty Claimform - old PDL statute barred***Claim Discontinued***


mongol99
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Hi All,

 

I have a very similar case to the others here and using this and other websites I defended.

 

They then went as far as mediation but could not do mediation as they had not provided me with all the information I needed.

 

After 3 months today I receieved a letter saying they are dropping the case.

 

Moriarty and MMF Motormile Finanace seem to chance with CCJ claims and go as far as possible but drop the case.

 

Thought I would update as I am sure others are in similar situations so it is worth defending!!!

 

Thanks

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Please defend - MMF/Moriarty Law who pretend to be based in London Old Bailey (to scare you I guess) went as far as accepting my defence and stating that they would proceed.

 

They then wait to the very last minute to drop the case.

 

I think they chance it with unenforceable debts

 

Just putting it up here so people don't lose hope and defend any claims properly.

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I basically used this forum - I defended based on the fact it was statute barred and they had not at all followed process etc. Also worth checking any copies of letters they send to you saying it was previously sent etc. They really just try and scare you into paying. Guess £50 punt on issuing a CCJ claim to try and get a few hundred back is what they thinking....

 

Below is what I used from this forum I think - just adapt it to suit. People here will help. As long as you file a defence and stick it out they will hopefully give up.

 

Here is a form of limitation defence to a claim based upon a simple contract. There may be other grounds of defence in this particular case, but this defence alone will serve to defeat the claim assuming the facts stated in it are true.

 

 

 

1 The Claimant's claim was issued on (date).

 

The Defendant contends that the Claimant's claim so issued is a claim in contract and is statute barred pursuant to the provisions of section 5 of the limitation act 1980.

3

 

2 The Claimant defendant contends that the Claimant's claim so issued is a claim in contract and is statute barred pursuant to the provisions of section 5 of the Limitation Act 1980. If, which is denied, the claimant contends that the Defendant is in breach of the alleged contract, in excess of 6 years have elapsed since the date on which any cause of action for breach accrued for the benefit of the Claimant.

 

Do not allow denial as you know it to be true, change last sentence to ' the claimant should already be aware more than 6 years have elapsed between cause of action accrued and the court claim by their court submission.'

 

3 The Claimant's claim to be entitled to payment of £x or any other sum, or relief of any kind is denied.

 

I BELIEVE THAT THE CONTENTS OF THIS DEFENCE ARE TRUE.

 

Be more assertive and disallow doubt to appear, change 'believe' to 'am absolutely certain'

Signed:

 

Dated:

 

x20

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makes no odds to you Finargh

we know yours is not statute barred

that's why mongol won, as we have on those that were statute barred.

 

it would be better if they started their own thread rather than posting on several others involving these players that are either old and dead or an SB defence is not relevant.

 

 

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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