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    • I have received a PCN from Euro Car Parks for MFG - Esso Cobham - Gravesend. I was completely unaware that there was any such limit for parking and always considered this to be a service station. I stopped there to use the toilet, have a coffee and made a couple of work calls. I have read the previous topics on this location which suggest I can ignore this and ECP will not take legal action. The one possible complication is that the vehicle is leased by my employer so I do not want to involve them with the associated reminders and threatening letters. The PCN was first issued to the leasing company Arval who have notified ECP of the hiring company. I have attached a copy of the PCN Notice to Hirer with details removed as per instructions. What options do I have or should I just pay the PCN promptly at the reduced rate of £60? img20240424_23142631.pdf
    • What you have uploaded is a letter with daft empty threats from third-party paper tigers.  Just ignore it. What we need to see is the original invoice you received last October or November.
    • Thanks for posting the CPR contents. i do wish you hadn't blanked out the dates and times since at times they can be relevant . Can you please repost including times and dates. They say that they sent a copy of  the original  PCN that they sent to the Hirer  along with your hire agreement documents. Did you receive them and if so can you please upload the original PCN without erasing dates and times. If they did include  all the paperwork they said, then that PCN is pretty near compliant except for their error with the discount time. In the Act it isn't actually specified but to offer a discount for 14 days from the OFFENCE is a joke. the offence occurred probably a couple of months prior to you receiving your Notice to Hirer.  Also the words in parentheses n the Act have been missed off. Section 14 [5][c] (c)warn the hirer that if, after the period of 21 days beginning with the day after that on which the notice to hirer is given, the amount of unpaid parking charges referred to in the notice to keeper under paragraph 8(2)(f) or 9(2)(f) (as the case may be) has not been paid in full, the creditor will (if any applicable requirements are met) have the right to recover from the hirer so much of that amount as remains unpaid; Though it states "if any applicable ...." as opposed to "if all applicable......" in Section 8 or 9. Maybe the Site could explain what the difference between the two terms mean if there is a difference. Also on your claim form they keeper referring to you as the driver or the keeper.  You are the Hirer and only the Hirer is responsible for the charge EVEN IF THEY WEREN'T THE DRIVER. So they cannot pursue the driver and nowhere in the Hirer section of the Act is the hirer ever named as the keeper so NPC are pursuing the wrong person.  
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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.

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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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n244 Help Please


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Evening WMF as far as I know there are no parts B or C on a N244

I do very little but I do it very, very well :cool:

 

If I've helped give my scales a click

:smile:

 

I have no legal experience and all advice given is based on the knowledge I've gained from this site.

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Hi there, the form you have is out of date (by about a year). I have affixed the new version.

n244_0400.pdf

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If you need any help with completing the form give me a shout.

Also, you'll need to write a statement for Q.10. Best to tick the box for "attached witness statement" and then put your whole defence in the attached document. If you need help with that also, let me know.

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Beat me to it

I do very little but I do it very, very well :cool:

 

If I've helped give my scales a click

:smile:

 

I have no legal experience and all advice given is based on the knowledge I've gained from this site.

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Thanks brilliant thanks. The one I attached was the one I got from Northampton !! The queries I now have are:

Questions 4 & 8

 

And would the reply to question 9 be Alexander James or the water company or both. Any help with 10 would be most appreciated.

 

Thanks Again

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Hi, thought I'd post the instructions for the form anyway if it helps.

 

1. Your name

2. Tick Defendant

3. Set -aside of CCJ

 

4. No

5. Tick at a hearing

6. 15 minutes

Agreed by all parties: No

7. Write - Not applicable

8. District

9. Both Parties

10. Tick box for attached witness statement

Cross out all options except I Believe

Sign and cross out all options except Applicants

11. Sign and cross out all options except Applicant. Enter your address and contact details.

 

 

I can give you a template for a statement for Q.10 if you need it.

 

 

Ell-enn

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Witness statement template affixed :)

 

If you are including any paperwork you need to refer to it in your statement i.e. Please see affixed statement - Appendix 1. Give all documents you are affixing an appendix number.

 

You will need to write the claim number and Appendix number at the top of each of the documents you affix.

 

Hope this helps, shout if you have any questions (but I'm off to bed now, back on line in the morning)

 

Ell

Witness Statement Template.doc

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How's this for the evidence ?

 

I respectfully request the court to consider the following when hearing my application:

 

· The Claimant obtained judgement by default having served papers to my previous address and therefore I was unable to defend.

· The Claimant has stated the paperwork was returned to them undelivered, and has informed me to apply for a set aside.

· The Claimant has stated they closed the account on the 31/10/2005, yet the original judgement was for monies owed for the period ending 31/03/2007.

· I will be making payment in full if the set aside is successful, as I would have done if I had received the original summons. The Claimant has agreed to agreed to this.

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that looks fine

OFT debt collection guidance

 

Please remember the only stupid question is the one you dont ask so dont worry about asking the stupid questions.

 

Essex girl in pc world looking 4 curtains 4 her pc,the assistant says u dont need curtains 4 a computer!!Essex girl says,''HELLOOO!! i,ve got WINDOWS!!'.

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Hi, do you have anything in writing from the Claimant in respect of the above points. i.e. have they written to you advising you to apply for a set aside and agreeing to payment in full following the set aside?

  • Haha 1

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No, nothing in writing. This was all said on the phone at the end of last week when I made my initial queries with them. Without anything in writing, would it be a case of my word against theirs ? Or should I be requesting transcripts to send in with the n244.

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Hi, I think it would take too long to get transcripts - they would probably stall anyway. Send in the N244 and we can do a letter to them confirming your conversation with them asking for their confirmation by return. Send by guaranteed next day delivery, keep a copy of the letter and the receipt for posting and then check on the royalmail website in a few days to print of their signature of receipt. Keep that safe with the copy letter.

 

I suggest you write:

 

 

...................................................................................Your address

 

Date:

 

Their Address

 

 

 

 

 

Dear Sirs,

 

CASE NUMBER: XXXXX

 

I write to confirm our telephone conversation of (date) regarding the above case. On your advice I have applied for a set-aside of the Judgement as the court papers were never received by me and you agreed you would not oppose the set-aside. You also agreed that when the set-aside was granted you would accept full payment of the claim.

 

I would appreciate your confirmation of the above agreement by return post.

 

Yours faithfully,

 

 

 

XXXXX

Help us to keep on helping

Please consider making a donation, however small, if you have benefited from advice on the forums

 

 

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Remember to send to the court by recorded delivery and keep a copy of the N244 for yourself.

 

Ell

Help us to keep on helping

Please consider making a donation, however small, if you have benefited from advice on the forums

 

 

This site is run solely on donations

 

My advice is based on my opinion and experience only. It is not to be taken as legal advice - if you are unsure you should seek professional help.

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  • 3 months later...

Great Result - well done! :)

Help us to keep on helping

Please consider making a donation, however small, if you have benefited from advice on the forums

 

 

This site is run solely on donations

 

My advice is based on my opinion and experience only. It is not to be taken as legal advice - if you are unsure you should seek professional help.

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  • 4 weeks later...

One final question - how long before this will be removed from my credit file (It's still there). When I spoke to the court last time they said they would send the details somewhere.

 

When I emailed Equifax about it they took sixteen days to reply and answered as if it had been satisfied i.e. six years...blah blah

 

thanks

 

oh - I almost forgot. Northumbria Water have also given me £100 compensation !!!! For the distress I have suffered....brilliant

Edited by WildmanFlint
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