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    • I will try again...................... Even at my age there is quite clearly a PCN envelope by the windscreen wipers on your car on some of the photos.  But as I said in the IPC letter, that is not the dispute. The dispute is that CPM sent you the second PCN on the 28 th day of the issue date of the first PCN. It should not have been sent until the day AFTER the original PCN was issued. Therefore they broke the Act, they breached the IPC Code of Conduct and their agreement with the DVLA. It is something that the IPC cannot ignore since to do so will bring the ICO down on them and the DVLA should ban CPM from getting data from them once they know if the ICO do nothing. The minimum I expect is that your PCN will be cancelled. But it is up to you. I have given you the details, you have copies of both PCNs sent to you on the sar  with all  the relevant dates. 
    • Apply for an HM Armed Forces Veteran Card   An HM Armed Forces Veteran Card is a way to prove that you served in the UK armed forces. The card can make it quicker and easier to apply for support as a veteran. It’s free to apply. You can currently only apply for a Veteran Card if you have a UK address. Veterans who do not have a UK address will be able to apply later this year. READ MORE HERE: Apply for an HM Armed Forces Veteran Card - GOV.UK WWW.GOV.UK Apply for an armed forces veteran card to prove that you served in the UK armed forces.
    • The Private Parking Code of Parking has been postponed as the poor dears are frightened that thew will all go out of business once it becomes Law. We all wish but nothing could be further from the truth so doubtless most of them will have to change their ways if they don't want to be removed as approved parking companies. Thank you for still retaining and producing the original PCN which, no surprise, fails to comply with the Protection of Freedoms Act 2012 Schedule 4. [It even states the vehicle "breeched" the terms  when it was the driver that allegedly breached the terms}. It fails to specify the Parking Period and whilst it does show the arrival and departure ANPR times on the photographs [that I cannot read] they do not include how long you actually parked nor was it specified on the Notice  [photos don't count]. So that means that you spent even less time parked though it would help had you not blocked out the dates and times, so good if you could please include them on your next  post. Pofa  asks the driver to pay the charge S( [2][b] which your PCN doesn't though they do ask the keeper to pay.and they have missed out theses words in parentheses S9[2][f] ii)  (ii)the creditor does not know both the name of the driver and a current address for service for the driver, the creditor will (if all the applicable conditions under this Schedule are met) have the right to recover from the keeper so much of that amount as remains unpaid; All of those errors mean that the cannot transfer the charge from the driver to the keeper. Only the driver is now responsible . What a rubbish Claim Form -doesn't even give the date of the event which it should.  
    • it doesn't matter what you are being charged or if you missed the discount period. you ain't paying anyway..... if this ever gets before a judge. then the ins and out of POFA2012 or any IPC/BPA guidelines might come into play. until then i go get on with your life. you are spending far too much time on a speculative invoice scan scheme  its almost as if you believe these are fines and enforceable in a criminal court and you could have bailiffs at your door any minute.    
    • Debt Respite Scheme (Breathing Space) guidance - GOV.UK (www.gov.uk) but dont get scammed into a DMP. simply tell whomever you call to simply apply for the BS for you.  
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HFC/restons claimform - £22k secured loan CO?


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Both letters now sent first class signed for post. I have sent them in seperate envelopes and did a cheque for both seperately (I got my husband to sign the cheque so they can't use my signature) so they cannot say that both requests were not received ( I wouldn't put it past them saying that there was only one request in the envelope!!)

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That is really sensible - I always send different letters/requests in different envelopes - it costs a bit more but its' worth it...

If I've helped feel free to add to my reputation.

 

I am not a Practising Lawyer. My comments are my opinion only. You should not rely upon those comments and should always take your own professional advice from a practising Solicitor or Barrister

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Am actively reading - it's really great and helps build my confidence reading how people are standing their ground and beating the bully boys!! If i read enough hopefully something might stick in my little brain - but i wouldn't hold my breathe!!

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The important thing is to keep on top of the stuff and ensure that you chase them for replies and that, if necessary, you apply for an Order

If I've helped feel free to add to my reputation.

 

I am not a Practising Lawyer. My comments are my opinion only. You should not rely upon those comments and should always take your own professional advice from a practising Solicitor or Barrister

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Write to the sols giving them 7 days notice to provide the docs -

 

Dear Sir\Madam,

 

I made a request for documents under CPR 31.14 on the 11th April 2009 to which you have failed to respond.

I hereby give 7 days notice for you to respond to my request or I will apply immediately for a Court Order seeking compliance together with my incurred costs.

Please find enclosed a copy of the CPR31.14 request for your ease of reference.

I look forward to your due diligence in the matter and look forward to hearing from you.

 

 

Yours faithfully,

XXXXXXX

 

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Ok - will send that 1st class recorded today. I have the bonus of a fax machine at work, so will also fax the sols a copy too!!

 

I know this is going to sound stupid - but what am i hopingto gain from getting all the info? is it to check whether the CCA is complaint and to check the balance owed against charges and fees etc??

 

What possible way to haev had of avoiding the CCJ and possibly a Charging Order??

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  • 2 weeks later...

Well I filed an embarrassed defence and low behold 2 days later i get a response from Restons!! They enclosed a fully compliant CCA and default notice and statements.

 

This was the letter that came with it.

 

Any suggestions what I do next please?

 

_______________________________

BTW HFC also wrote in reponse to my SAR and said I had to send proof of id!! I haven't reponded yet, but i guess something in the lines of "what you need ID for - it didn't stop you issue court papers against me at the address did it!" might just cover it!!

Reston%20letter%20anon 2.jpg

restons.doc

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Have tried adding another one - is that any better??

 

Yes I think there has been some charges added, although they don't seem to have increased the balance, but they are mentioned on the statements....

 

Yes - but there is an opening balance of almost £13k..

 

Have they given you statements from day one

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I am not a Practising Lawyer. My comments are my opinion only. You should not rely upon those comments and should always take your own professional advice from a practising Solicitor or Barrister

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Yes - but there is an opening balance of almost £13k..

 

Have they given you statements from day one

 

I think IGNM means that they need to prove how they got to the OPENING balance of £13k not the end balance....if they cant prove how they got to that start figure in the first place, how can they enforce the figure at the end?

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Are there any statements where they have added the charges on. Can you post both the agreement and also the Default Notice

If I've helped feel free to add to my reputation.

 

I am not a Practising Lawyer. My comments are my opinion only. You should not rely upon those comments and should always take your own professional advice from a practising Solicitor or Barrister

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Yes, here are all 5 payments of statements (although restons referred to them as payment history.

 

there are several charges listed, although they don't appear to have come off the balance, they are just listed on there.

statements.doc

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Yep, here they are. Any thoughts???

 

The DN looks OK - I don't know about the CA - I don't know enough about the detail of the sums - hopefully somebody else will give a view on whether the sums are right or not.

If I've helped feel free to add to my reputation.

 

I am not a Practising Lawyer. My comments are my opinion only. You should not rely upon those comments and should always take your own professional advice from a practising Solicitor or Barrister

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Yes, here are all 5 payments of statements (although restons referred to them as payment history.

 

there are several charges listed, although they don't appear to have come off the balance, they are just listed on there.

 

You didn't attach them...

If I've helped feel free to add to my reputation.

 

I am not a Practising Lawyer. My comments are my opinion only. You should not rely upon those comments and should always take your own professional advice from a practising Solicitor or Barrister

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Have attched them now - i did warn you i wasn't the sharpest tool in the box didn't I!!!!

 

I'm pretty sure all is ok with the CA to be honest, i didn't think there was a enforceablity issue with this.

 

My main aim is to try and avoid either getting a CJJ or worse still a Charging Order. Restons are not playing ball and refuse to give me a break down of their figures, so i just don't know what to do????

 

Have attached a copy of the defence I submitted to the court on the 8th May 2009

anon def.doc

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I'm not sure if you have a defence - the DN seems right - it is for two instalments - I don't understand the other figures - they put the charges into the statement and then don't seem to include them in the balance...

If I've helped feel free to add to my reputation.

 

I am not a Practising Lawyer. My comments are my opinion only. You should not rely upon those comments and should always take your own professional advice from a practising Solicitor or Barrister

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You and me both!! I haven't got a clue what is going on!!

 

The DN is for arrears up to that point. Some payments crossed with the issue of the DN, but I don't think that is really relevant.

 

I have filed the embarrassed defence, but I just don't know what to do now.

 

My issues are:

 

Amount owed

How the amount owed is made up

The DN dated on the 17th Feb states that £14386.94, plus the addition of £6909.40 - statutory refund of interest if i had settled the account making a total of £21.296.34.

 

However on the date mentioned on POC (24/03) the payment history gives a balance of £13789.66, so even if I add the £6909.40 that makes £20699.06 - meaning a difference of 597.28 - why?

 

Collection charge

What the collection charge is and how the collection charge is made up

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