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    • Write to the IPC complaining that UKPC have not observed the requirements of PoFA . IPC  Waterside House, Macclesfield SK10 9NR Dear IPC, I am writing to complain about a serious breach of the Protection of Freedoms Act 2012 by UKPCM. I feel that as it is more a breach of the Act rather than not just  complying with your Code of Practice which is why I am bypassing your operator. Should you decide to insist that I first complain to your operator, I will instead pass over my complaint to the ICO and the DVLA . My story starts with being issued a windscreen PCN on 8/3/24 which was almost immediately removed and a second  PCN was then  sent by post on 13/3/24  [deemed delivered 15/3/24] which I did not receive and had to send an sar to have that particular mess revealed later  but that is not the reason for my complaint. UKPC then sent a Keeper Liability Notice dated 12/4/24 warning me that as 28 days have now elapsed, I as keeper am now liable for the charge.  This is in direct contravention of PoFA since the keeper does not become liable to pay until the day after the original PCN is deemed to have been given which would have been 13/4/24 -a Saturday ]. Not only does it not comply with PoFA but it fails to adhere to your Code of Practice and is in breach of their agreement with the DVLA. You will be aware that this is not the first time that UKPC have fallen foul of the DVLA and presumably yourselves. I have included copies of both Notices for information. You will realise the seriousness of this situation if this is standard practice from the UKPC to all motorists or just those where windscreen tickets are involved since the Law regarding PoFA is being abused and is unfair to misguide motorists. I await your  response which I understand will usually be within a week. -------------------------------------------------------------------------------------------------------------------------------------------------------I would think that should be sufficient for the IPC to cancel your PCN though  you should await comments from the Site team before sending your complaint. Don't forget to include both PCNs.  
    • Hi DX, Sorry, fell asleep as I was up all night last night writing that statement. Yes, I attached the rest of the witness statement on post 50, bottom of webpage 2. That's the important part.  It looks like the lawyer who wrote Erudio's Witness statement does not work for them any more. So, I'll have another lawyer representing instead. Not sure if I can use Andy's hearsay argument verbally if that happens.... I did not put it in writing. Apart from not sending deferral forms, my main argument is that in 2014 Erudio fixed some arrears mistake that SLC made and then in 2018 they did the same mistake, sent me confusing letters. What is the legal defence when they send you confusing material?
    • Chinese firm MineOne Partners has been ordered to sell land it owns near a US nuclear missile site.View the full article
    • That isn’t actually what the Theft Act 1968 S1 actually says, BTW. https://www.legislation.gov.uk/ukpga/1968/60/section/1 (1)A person is guilty of theft if he dishonestly appropriates property belonging to another with the intention of permanently depriving the other of it;   The difference between what you’ve said and the Act? a) intent to permanently deprive rather than  just depriving (which is why the offence of “taking without consent” was brought in for motor vehicles, as otherwise "joyriders" could say "but I intended to give it back at the end") b) dishonesty : If I honestly believed A's pen belonged to B, and took it and gave it to B - B might be found guilty of theft but I shouldn't be. 
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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.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

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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.

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      This is good ethical practice.

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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Overdraft problems getting serious.


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Hi, I'm hoping for advice about my Bank account. Again.

 

A year or so ago I went through the procedure of reclaiming my illegal bank charges (thanks to the people on here) and was very happy with the result. Unfortunately I came out of work a while later and had to go back into my overdraft to pay the bills and put food on the table while I was looking for another job. I was £800 into a £1,000 overdraft, but Lloyds TSB sent me a letter to say that I no longer had this overdraft and I had to pay the money back that I somehow now had borrowed without their permission. As I was under stress and struggling to get by, I buried my head in the sand and ignored them. Very stupidly.They say I now owe nearly £1,500 because of the charges. I have my wages paid into my girlfriends bank account now because when I first started work again, Lloyds would have swallowed my wages up right away for the first few weeks.

 

I am earning not bad money now and would love to start again with a clean slate after paying my debts off. Can anybody advise me how to best approach this situation please? Could I arrange to pay them back a few pound a week? Can I have any of these charges removed?

 

Sorry for messing it up after I have already been helped on here.

 

Thanks.

 

US.

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  • 3 weeks later...

Hi

For the charges side of things, you could get the ball rolling with a claim I should think, then maybe SAR and CCA them for the £1,000 overdraft that you did have to;-

 

If you check this link it really does have useful information about the CCA side of your OD. Good luck and dont panic :)

 

http://www.consumeractiongroup.co.uk/forum/general-debt-issues/31515-ccas-overdrafts.html?highlight=overdrafts+cca

Me

A&L - Overdraft / Charges On Hold £300

 

Mum v's the DCA

NatWest. No CCA - For around 6 months no DCA has chased for this amount :D

MBNA. No CCA - First Court Claim :( Panicking. Just about to start the small claims

Lloyds TSB. Overdraft / Charges On Hold Waiting for test case

 

Sister

Halifax - No CCA. Keep getting the man and his dog chasing, again the 'go away' letter is sent :p

M&S - Have CCA. Nothing for 2 years from anyone?! :)

Argos - No CCA or DCA involved for over 2 years now :)

Next - No CCA or DCA involved for over 2 years now :)

4 x Others accepting token payments of £1 as CCA in place.

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  • 3 weeks later...

getrichslowly.org (or somethign similar) is an EXCELLANT site to get frugal and save whilst getting back on track. I have dne the EXACT same thing as you've done, and would love to see how you get on, maybe be debt-busting-buddies? ;) lol!

 

First of all, try get your arranged borrowings within what I call the 'amber' zone. You're in the minus bit but it's ARRANGED so don't get ridiculous charges/interest rates compared to unarranged overdraft (red zone. DANGER! DANGER! First try to ask to have arranged overdrafts or limits on credit cards extended to help you get back on track.

 

Now scrimp, save, borrow, beg, steal, do what you have to to get yourself within these guidlines with a little extra for interest rates and any emergency purchases (ie. train ticket to work if u forget cash and bank card. who knows! happened to me today, actually!...)

 

Now there are two general ways to tackle multiple debt - organise the debts into lowest to highest according to balance. Now pay off the smallest one with everything you got, apraently it helps you psychologically and makes you feel liek your';e getting somewhere and are mroe likely to be more frugal, etc.

 

Another way is to work out how much you're paying with charges each month and tackle to highest one first and get it below the 2nd highest, then tackle that, etc.

 

Whatever happens, never forget there's ALWAYS another way out. Another option. A way of escaping debt, you just need to be preapared to do what you need to. I managed to save £500 for holiday whilst staving off nearly £3000 bad debt within 2 weeks! How? I got 3 jobs :D I'm still recovering now with just the one full time job but I'm glad I put myself through 20 hour work days. Good bye red debt, hellow amber but not for long! Sandy beaches next week will be soooo worth it...!!!!

 

Best of luck (PM me ?)

Me Vs Natwest Progress: Claim stayed but may re-request due to recent hardship status (unsure on this step).

Me Vs Barclays Progress: Need to make list of charges to send

Mum Vs Natwest Progress: Calculating charges.

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