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    • 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    
    • Huh? This is nothing about paying just for what I use - I currently prefer the averaged monthly payment - else i wouldn't be in credit month after month - which I am comfortable with - else I wold simply request a part refund - which I  would have done if they hadn't reduced my monthly dd after the complaint I raised (handled slowly and rather badly) highlighted the errors in their systems (one of which they do seem to have fixed) Are you not aware DD is always potentially variable? ah well, look it up - but my deal is a supposed to average the payments over a year, and i dont expect them to change payments (up or down) without my informed agreement ESPECIALLY when I'm in credit over winter.   You are happy with your smart meter - jolly for you I dont want one, dont have to have one  - so wont   I have a box that tells me my electricity usage - was free donkeys years ago and shows me everything I need to know just like a smart meter but doesnt need a smart meter,  and i can manually set my charges - so as a side effect - would show me if the charges from the supplier were mismatched. Doesn't tell me if the meters actually calibrated correctly - but neither does your smart meter. That all relies on a label and the competence of the testers - and the competence of any remote fiddling with the settings. You seem happy with that - thats fine. I'm not.    
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      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.

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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Taking out credit - then getting too ill to pay it off


Linda1001
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Hi there, any comments or help with thinking about this situation - which any of us could face (and I did). In 03/04 I became really ill with a physical condition and couldn't earn but thought I'd get better. Also was a bit nuts with pain so not thinking straight and not really economising from good standard of living I had before. I was not thinking about budgeting but was trying to keep the family going (I'm a single mum) and also paying for treatments to get me well. Also my ex chose that time to cut his payments. Cue credit cards and overdraft suppliers who lent me - I can see now in the cool light of day - reckless amounts and all very counter to OFT guidelines. Anyway I didn't get better and am now registered disabled and incurably sick and do work a bit but often can't and anyway there's not much work out there (I'm an ex-journo). But I have also been diagnosed with depression - much of it caused by debt - there's a surprise!

 

I think that this kind of modifying life event should be taken into account. The banks don't. They think they should take my house! I've looked at the OFT guidelines on lending and it is clear that none of them followed it to see if the lending was of any benefit to me - rather than to them accruing interest payments. I have two overdrafts - one of which I'm fighting about actively (harassment and other counter claims) the other I daresay I will have to when they wake up. None of the card people bar Mint have been able to show a credit agreement thus far. But even this I can see from looking at that agreement that they've not asked me proper questions: ie on that money and with those two cards already what is your mortgage and how many dependents do you have? They've only looked at what limit I could legally go up to to get what they can - no thought of the benefit to me.

 

Any thoughts, anyone, on a case to make that it would be better for them to settle with tiny full and finals from a Disability Living Allowance backpayment than have the courts look at the effect of reckless lending has had on my health. I can say that stress made me more ill of course. But is there any legislation or codes or guidelines etc to help. Mint has offered a fiver a month for the next million years but I want to get free of them as they do just suddenly sell to ghasly DCAs that then want your home and everything and it's just a stressor that doesn't help my health. I want tobe free - not just hope they'll be 'sympathetic'.

 

Personally I think they play a high risk game with high returns - if some people fall by the wayside through no fault of their own, I reckon they should wipe their mouths - they don't, they strip the body! So if anyone knows of quotable legislation, codes and guides or ideas so that I can finish them up rather than play for time - please let me know! Best, Lindaicon11.gif

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hiya linda

 

just come across your thread, i totally can relate to what you saying,

 

the position you now find yourself in is appalling and yes i agree the banks really dont care but you mention you have started to request the credit agreements but only mint have supplied, have you done a thread for each of your creditors and then we can try and help on each one for you

 

im not sure how government bodies can help you , they are paying your disability allowance i take it? have you tried nationaldebtline site, i referred to it in my early days and found them very helpful on the phone too

 

im sure others will come along today to give you more info, have subbed to your thread and will look in later

 

its a long drawn out battle even with the challenge of a legal request of a fully executed agreement which is our right, and im finding it almost impossible to keep calm about it all ,

 

all we have to do is learn about our rights and continue with our fights

 

good luck and keep positive

 

laters angel x

Im happy to help with support and my own thoughts, but if I offer any thoughts to your problems please take it as from my life experience only and not of any legal standing. Always take further advice from the legal experts in your final action.:)

 

my new motto is,,,",Taking back control of your life and home - such peace is priceless"

 

This is all due to truecall device , have a serious peek at this you will be thankful like I am x laters angel :D

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Thanks for that support, angel 1 - and the truecall thing is a good tip! Yes, I get DLA etc - not enough to go around all the creditors alas... This site has been amazing though and I hope other vulnerable people find out about it and get to know the help that is at hand - I've heard of too many who have been bankrupted and made thoroughly miserable because they didn't know what recourses were available. Just reading other's tips and the help I've had personally so far is turning my life around. Thank god for the power of the internet and the kindness of strangers... Best, Linda

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