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    • a 'witness' to it not arriving till the 15th is sadly immaterial too. regardless to the above anyway, the PCN remains valid. 
    • 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...  
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      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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CCJ - over 6 years old - and a reference check


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In 2008 I received 3 CCJ's,

one is now paid in full and

the other 2 are being paid off at an amount agreed by the court.

 

When these CCJ's were issued

I was up front with my landlord's letting and managing agent

we agreed to continue with a lease that had been in place from late 2006.

I've never missed a payment in all these years.

 

I now want to downsize and rent a new property as the year on year rent increases are getting too much.

 

I've found a flat that I can easily afford

however in the agents reference form there's the question

'have you ever had a CCJ, bankruptcy etc'.

 

A search of the Registry Trust shows no CCJ's on record,

I'm thrown by the question 'have you ever...'.

Do I declare the two outstanding CCJ's or keep shtum as it's been more than 6 years?

 

The referencing is being carried out by Experian TV and the agent I'm now trying to deal with is not on top of their game

(initial paperwork shows tenancy end date the day before I move in,

my name misspelt, my phone number passed to Virgin Media and Endsleigh Insurance without permission etc),

 

but I do like the flat and can afford it,

but I'm wary because of the mistakes and aggressive marketing push.

 

In short,

do I disclose the CCJ's that are in hand or do I keep quiet as it's been more than 6 years?

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None of their ruddy business!!

The law stays CCJ's vanish from public record on their 6th birthday

Regardless to if they are paid off not paid at all or being paid..like you..

 

So that you are not being disadvantaged for paying you dues when others might ignore

 

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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If it isn't on your credit record, just say no

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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that is why there is a time limit on them showing on your files.

Everyone has the right to be forgotten.

 

as for the breach of the DPA by the agent,

get the flat tenancy and then deal with that afterwards if you are so inclined.

 

 

The agents are just that, they are not your landlord so once you are in you dont have to be nice to them as they work for your LL not for you..

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Thanks muchly all, I feel better.

The registry trust shows no CCJ's.

I applied for the £2 Experian report last month and the worst it shows is some searches by Moneysupermarket for home contents insurance quotes and First Credit logging an entry in May 2013 but I'm not sure if that's visible to everyone???

Hang on! I've never dealt with 1st credit before.

 

I'm going to take a deep breath and say no to having a CCJ. If that fails, I'm moving in with you :)

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