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    • Peter McCormack says "ambition is big" and Real Bedford's attendances are increasing with promotions.View the full article
    • 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?
    • I was so annoyed and frustrated about the fact this case was lost it's been floating around my head all night. Dave962, are you sure that's what the Judge said? .... It doesn't make sense. Did the judge in fact dismiss the case on the grounds that the defendant did not make an appeal within 28 days? Effectively telling the PPC about the error entering the registration number and providing proof of payment at that time? To me, that's an important point.  
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      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

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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.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      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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Another Car Cashpoint Victim!


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Hello.

I am another one to add to the list of finding my car not being on the hpi basic check.

 

Got the car in February and today got visited by two people and a car transporter from Burlington Group acting on behalf of Car Cash Point.

 

The bill of sale was never produced from the Burlington operative when i asked for it, instead proceeded to get the police involved.

 

I should have stood my ground but instead agreed to pay off the remaining debt to keep the car. Wouldn't be able to work without it.

 

All i can do now is find the registered keeper and put my claim to get the money back.

 

My problem is with Car Cash Point & The Burlington Group who refused to give me the name of the registered keeper of the vehicle who got the loan against the car.

 

My initial foray into the Data Protection Act only gives me request for information on myself.

 

Where do i go for a request for information on a person from the files of a private company ie, (Car Cash Point).

 

It has been found that the past keeper of the vehicle had another registration logbook from the DVLA to sell the vehicle onto a dealership the same day they took out the loan.

 

I am in the process of back tracking to the two dealerships the car belonged to before me in order to get the original keepers details.

 

However i feel they will also abide by the data protection act.

How do i legally get this persons details.

Thank you.

 

Caissons Disease. (Ex diver)

Edited by dx100uk
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Previous keeper details on the v5c?

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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Thank you for replying dx100uk.

 

Unfortunately, from the point of the logbook being used for a Cashpoint car loan

the vehicle went through two other change of hands before it got to me.

I am the third person in the chain to buy the car.

 

I know the person from whom i purchased the car from very well.

Having spoken to him he is able to provide me with the dealership name and address from where he purchased the car.

He is also going to contact this same dealership to see if they will provide details of the person who sold it to them.

 

This, i believe is where the dealership may or may not use the data protection act to not provide the information i require.

Is there a request for data information from a third party that i can use.

Thanks.

Caissonsdisease.

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Unfortunately you have to take your friend to court. You cannot jump steps.

You take your friend to court

Your friend takes the dealership to court

The dealership takes the original owner to court.

 

Your contract is with you and your friend, not you and the dealrship

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Thank you sgtbush.

You are right. But empathy gives me the argument that to get what i want i stand to lose a an old and very good friend. I believe he is just as much a victim in this as i am.

However, re-looking at the HPI companies including reputable ones such AA and RAC they all seem to offer extended services at extra cost (A Jaw Dropping EXTRA COST)

These extra services include the details of every owner the vehicle has had from manufacture to present date.

 

The point i am trying to make is pertaining to my original question.

The data protection act specifically states i can only retrieve information about myself by way of an information request and a small fee.

 

Yet these HPI companies seem to have gained legal standing to offer all information on any person to anyone who requests it 'For a large fee'.

 

Now i read a news item a few years ago the the DVLA were questioned over selling data to third party companies.

It does seem that the Data Protection Act becomes null and void when personal information is traded on to private third party companies.

News Papers have this same legal standing to acquire information on other people, companies or just about anything they want to report about.

 

It is this mechanism of gaining information that i want to know about. How it works. How it seems to be completely impervious to the Freedom of Information Act.

Yes, i could quite easily pay for the service offered by RAC and AA but i want to understand how it works first.

 

Thanks.

Pat Lane :)

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