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    • the Town and Country [advertisments ] Regulations 2007 are not easy to understand. Most Council planing officials don't so it's good that you found one who knows. Although he may not have been right if the rogues have not been "controlling" in the car park for that long. The time only starts when the ANPR signs go up, not how long the area has been used as a car park.   Sadly I have checked Highview out and they have been there since at least 2014 . I have looked at the BPA Code of Practice version 8 which covers 2023 and that states Re Consideration and Grace Periods 13.3 Where a parking location is one where a limited period of parking is permitted, or where drivers contract to park for a defined period and pay for that service in advance (Pay & Display), this would be considered as a parking event and a Grace Period of at least 10 minutes must be added to the end of a parking event before you issue a PCN. It then goes on to explain a bit more further down 13.5 You must tell us the specific consideration/grace period at a site if our compliance team or our agents ask what it is. 13.6 Neither a consideration period or a grace period are periods of free parking and there is no requirement for you to offer an additional allowance on top of a consideration or grace period. _________________________________________________________________________________________________________________So you have  now only overstayed 5 minutes maximum since BPA quote a minimum of 10 minutes. And it may be that the Riverside does have a longer period perhaps because of the size of the car park? So it becomes even more incumbent on you to remember where the extra 5 minutes could be.  Were you travelling as a family with children or a disabled person where getting them in and out of the car would take longer. Was there difficulty finding a space, or having to queue to get out of the car park . Or anything else that could account for another 5 minutes  without having to claim the difference between the ANPR times and the actual times.
    • Regarding a driver, that HAS paid for parking but input an incorrect Vehicle Registration Number.   This is an easy mistake to make, especially if a driver has access to more than one vehicle. First of all, upon receiving an NTK/PCN it is important to check that the Notice fully complies with PoFA 2012 Schedule 4 before deciding how to respond of course. The general advice is NOT to appeal to the Private Parking Company as, for example, you may identify yourself as driver and in certain circumstances that could harm your defence at a later stage. However, after following a recent thread on this subject, I have come to the conclusion that, in the case of inputting an incorrect Vehicle Registration Number, which is covered by “de minimis” it may actually HARM your defence at a later stage if you have not appealed to the PPC at the first appeal stage and explained that you DID pay for parking and CAN provide proof of parking, it was just that an incorrect VRN was input in error. Now, we all know that the BPA Code of Practice are guidelines from one bunch of charlatans for another bunch of charlatans to follow, but my thoughts are that there could be problems in court if a judge decides that a motorist has not followed these guidelines and has not made an appeal at the first appeal stage, therefore attempting to resolve the situation before it reaches court. From BPA Code of Practice: Section 17:  Keying Errors B) Major Keying Errors Examples of a major keying error could include: • Motorist entered their spouse’s car registration • Motorist entered something completely unrelated to their registration • Motorist made multiple keying errors (beyond one character being entered incorrectly) • Motorist has only entered a small part of their VRM, for example the first three digits In these instances we would expect that such errors are dealt with appropriately at the first appeal stage, especially if it can be proven that the motorist has paid for the parking event or that the motorist attempted to enter their VRM or were a legitimate user of the car park (eg a hospital patient or a patron of a restaurant). It is appreciated that in issuing a PCN in these instances, the operator will have incurred charges including but not limited to the DVLA fee and other processing costs therefore we believe that it is reasonable to seek to recover some of these costs by making a modest charge to the motorist of no more than £20 for a 14-day period from when the keying error was identified before reverting to the charge amount at the point of appeal. Now, we know that the "modest charge" is unenforceable in law, however, it would be up to the individual if they wanted to pay and make the problem go away or in fact if they wanted to contest the issue in court. If the motorist DOES appeal to the PPC explaining the error and the PPC rejects the appeal and the appeal fails, the motorist can use that in his favour at court.   Defence: "I entered the wrong VRN by mistake Judge, I explained this and I also submitted proof of payment for the relevant parking period in my appeal but the PPC wouldn't accept that"   If the motorist DOES NOT appeal to the PPC in the first instance the judge may well use that as a reason to dismiss the case in the claimant's favour because they may decide that they had the opportunity to resolve the matter at a much earlier stage in the proceedings. It is my humble opinion that a motorist, having paid and having proof of payment but entering the wrong VRN, should make an appeal at the first appeal stage in order to prevent problems at a later stage. In this instance, I think there is nothing to be gained by concealing the identity of the driver, especially if at a later stage, perhaps in court, it is said: “I (the driver) entered the wrong VRN.” Whether you agree or not, it is up to the individual to decide …. but worth thinking about. Any feedback, especially if you can prove to the contrary, gratefully received.
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    • deed?  you mean consent order you and her signed? concluding the case as long as you nor she break it's conditions signed upto? dx  
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first response finance car loan still showing after 10yrs - Is this legal???


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Hi all, need a little help.

 

Way back in 2004 my wife needed a car for work, as our credit wasn't great at the time we ended up going with a company called First Response finance.

The interest was horrendous but it was all we could get so we went with it.

As far as I can remember we missed a couple of payment but caught them up over the agreement term (48 months)

 

8 years ago my wife was promoted and received a company car so she gave her old car to my son.

She was made redundant 2 months ago but was offered a better job with a rival company but had to have her own car.

 

When she applied for finance she was refused,

i got a copy of her credit file and there is an entry from first response finance detailing 2 late payments.

This was an account opened in 2004 over 48 months and to the best of my knowledge was paid in full.

 

We have not at any time had any contact from them regarding any outstanding balance,

neither have we heard from any third party (debt collector etc)

 

I know I need to contact them to dispute this but I was looking for some advice on where i stand.

How can I prove we don't owe them this money?

The file says 2 late payment but the outstanding balance is for more than that.

 

Is it normal, or even legal for a company to update a credit file for over 10 years with absolutely no activity on the account?

If we had owed money on this account is there not a timescale when they should have put a default on the account?

 

I would really appreciate any help with this please.

Edited by dx100uk
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I would expect the inflated balance is due to unlawful penalty charges.

I would again suspect that when you were late

each time they added a penalty fee.

 

so thus when the 48 monthly payments were completed

there was an outstanding balance of these 2 charges

and since then more and more charges have been added.

 

the fact that the debt is now statute barred is not necessarily a reason that it should not show either.

 

so these two late payment markers

what two dates were they registered on?

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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I can only go back 72 months on the experian site and it is showing 2 months late payments all the way back till then.

Hardly surprising when the agreement started on March 2004 and ended on April 2008.

 

If there was an outstanding balance why not contact me?

Surely they cannot keep updating an inactive account like that for 10 years?

Edited by dx100uk
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whilst I poke around on them

can you answer these questions

may seem immaterial but they might dictate how we sort this.

 

have you moved since taking this out if so when?

 

did you have any contact with them at all after your final payments was made

[i'e the DD mandate expired at 48mts]?

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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Share on other sites

thanks for your help.

No, I have lived in the same house for 25 years. No, I have had no contact from them at all, I thought I would have gotten the usual offer of re-finance after the agreement ended, but presumed the late payments may have put them off.

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just does seem strange.

 

having read up on them here

they can be tigers

but also fair

 

it might be an idea to politely write a short letter pointing out a few things and see if they might remove the account totally.

 

p'haps we can work on that tomorrow.

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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Share on other sites

Thanks. Came home today to find my wife had lodged her concerns with experian and they are looking into it, they say it could take up to 28 days but they aim to get a resolution as soon as possible. Guess we will just need to wait and see how it goes. Thank you very much for your prompt replies, I will let you know how I get on.

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not really much point complaining to the CRF' providers

get a letter running to FRF

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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  • 2 weeks later...

A quick update,

no reply from Experian yet but I noticed the account has now been removed from her file

 

, unfortunately after checking elsewhere it is still showing with equifax and call credit etc.

 

Guess I'll need to fire off a letter to FRF to ask them to remove them all.

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