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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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Disputed EE account ***Resolved***


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Mum's partner can no longer use a mobile phone. He has however been paying EE over £40 a month since 2006.

 

EE initially couldn't trace any account in his name despite giving them bank details etc, but then did find it when I said OK, give us the money back then .... They've ignored all requests for documentation so far, have known for 4 months that alleged account holder has a Power of Attorney in place, but have apparently set the debt collectors on him anyway. He's not received any correspondence from EE or the debt collector.

 

EE have provided some numbers associated with the account, none of which match his last number, which he would have last used at least 3 years ago. He does still have the phone and it has a Sim card in it, but heaven only knows where the charger is. One of the numbers EE provided apparently has recent regular usage, data as well as calls and texts. I can just about believe he might have, accidentally or otherwise, made a call, but sent a text or used data? No chance.

 

Other than repeating the request for documentation, any other suggestions?

RMW

"If you want my parking space, please take my disability" Common car park sign in France.

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The sim card doesn't show any phone number, managed to find a charger that fits and turn the phone on, it's none of the numbers EE provided.

 

EE are simply being obstructive - they've effectively refused to provide any documentation and have ignored any and all evidence that it might not be his account (including that it's set up from a different address), they simply keep repeating that until I tell them to cancel, they'll keep charging line rental though until I accept the account is Mum's partners, they won't accept a cancellation ....

RMW

"If you want my parking space, please take my disability" Common car park sign in France.

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  • 2 months later...

So this went to the Ombudsman Service who supported EE in that doing a credit check when the account was opened means it must have been genuine, and telling me the phone is being used proves that it's Mum's partner using it and setting debt collectors on him when they know he's now in a Care Home and haven't even bothered to tell us how much is outstanding is perfectly reasonable.

 

It's the sort of logic I expect for a certain 'independent' appeals service for private parking charges, and so I'm giving the 'final' decision the same respect I'd accord the IAS.

RMW

"If you want my parking space, please take my disability" Common car park sign in France.

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  • 1 month later...

To recap, EE know that their account holder lacks capacity and (presumably!) know there is an outstanding complaint with the Ombudsman Service.

 

They've instructed third party debt collectors to write to the account holder direct.

 

Whilst I'm sure it's simple incompetence, this is so wrong on so many grounds.

RMW

"If you want my parking space, please take my disability" Common car park sign in France.

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is it possible to get from them the geographical data for the phone when it is in use? technically this is a piece of cake but is it data that the customer is entitled to ask for i wonder?

If it is the EE will have a lot of explaining to do and may well drop the matter pronto rather than explain why they are chasing this person when it is patenty obvious not his phone use etc.

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  • 2 weeks later...

You really couldn't make this up.

 

Complained to EE that they are writing direct when there's an outstanding Ombudsman complaint. They've said they can't comment as the complaint it with the Ombudsman ....

RMW

"If you want my parking space, please take my disability" Common car park sign in France.

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They won't deal with any additional issues now as they're simply reviewing their decision and dealing with my complaint about their service.

 

It's tempting to just withdraw the complaint and let EE get on with making fools of themselves, I have better things to do atm

RMW

"If you want my parking space, please take my disability" Common car park sign in France.

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Another fairly distressed call from Mum this morning, two more letters from the debt collector still addressed to her partner still demanding payment but with no documentation etc. They'd have had my 'bog off' letter at least two weeks before these letters are dated and my Mum is now terrified a bailiff is going to come and take her car and no amount of reassurance that they can't and won't (it's motablity anyway) have made any difference.

 

I seem to remember from my early years on CAG that Christmas is prime time for hassling people like this. How do you add Twitter links part way through a thread? I think everyone should see what EE and Moorcroft are doing to vulnerable people.

RMW

"If you want my parking space, please take my disability" Common car park sign in France.

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  • 3 months later...

Thread title updated.

 

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  • AndyOrch changed the title to Disputed EE account ***Resolved***
34 minutes ago, honeybee13 said:

Well done, RMW. :) How did you get them to back down?

 

HB

Basically by being stubborn and just refusing to pay without documentation.

RMW

"If you want my parking space, please take my disability" Common car park sign in France.

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