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    • His financial situation isn’t great, and the landlord has made lots of things up. The things he’s put isn’t true at all. My friend did tell the full truth with incoming and outgoing, I helped him fill in his form and he checked bills etc. to make sure it was right. His wage is ok, but not as good as the landlord thinks it is,  and he doesn’t have anything spare. How much are they likely to take from him? Should he send any reply?  the letter just says to take the court letter with him. 
    • Hi welcome to the Forum.  If a PCN is sent out late ie after the 12th day of the alleged offence, the charge cannot then be transferred from the driver to the keeper.T he PCN is deemed to have arrived two days after dispatch so in your case, unless you can prove that Nexus sent the PCN several days after they claim you have very little chance of winning that argument. All is not lost since the majority of PCNs sent out are very poorly worded so that yet again the keeper is not liable to pay the charge, only the driver is now liable. If you post up the PCN, front and back we will be able to confirm whether it is compliant or not. Even if it is ok, there are lots of other reasons why it is not necessary to pay those rogues. 
    • Hi 1 Date of the infringement  arr 28/03/24 21:00, dep 29/03/24 01.27 2 Date on the NTK  08/04/2024 (Date of Issue) 3 Date received Monday 15/04/24 4 Does the NTK mention schedule 4 of The Protections of Freedoms Act 2012?  Yes 5 Is there any photographic evidence of the event? Yes 6 Have you appealed? [Y/N?] post up your appeal] No  7 Who is the parking company? GroupNexus 8. Where exactly [carpark name and town] Petrol Station Roadchef Tibshelf South DE55 5T 'operating in accordance with the BPA's Code of Practice' I received a Parking Charge letter to keeper on Monday 15/04/24, the 17th day after the alleged incident. My understanding is that this is outside the window for notifying. The issue date was 08/04/2024 which should have been in good time for it to have arrived within the notice period but in fact it actually arrived at lunchtime on the 15th. Do I have to prove when it arrived  (and if so how can I do that?) or is the onus on them to prove it was delivered in time? All I can find is that delivery is assumed to be on the second working day after issue which would have been Weds 10//04/24 but it was actually delivered 5 days later than that (thank you Royal Mail!). My husband was present when it arrived - is a family member witness considered sufficient proof?
    • lookinforinfo - many thanks for your reply. It would be very interesting to get the letter of discontinuance. The court receptionist said that the county court was in Gloucester 'today' so that makes me think that some days it is in Gloucester and some days its in Cheltenham, it was maybe changed by the courts and i was never informed, who knows if DCBL were or not. My costs were a gallon of petrol and £3.40 for parking. I certainly don't want to end up in court again that's for sure but never say never lol. Its utterly disgusting the way these crooks can legally treat motorists but that's the uk for you. I'm originally from Scotland so it's good that they are not enforceable there but they certainly still try to get money out of you. I have to admit i have lost count of the pcn's i have received in the last 2 yr and 4 months since coming to England for work, most of them stop bothering you on their own eventually, it was just this one that they took it all the way. Like i mentioned in my WS the the likes of Aldi and other companies can get them cancelled but Mcdonalds refused to help me despite me being a very good customer.   brassednecked - many thanks   honeybee - many thanks   nicky boy - many thanks    
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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.

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      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
        • Like

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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