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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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    • 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.

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Car Repo threat - Help!


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I had a 5 year agreement with Carlyle finance for a BMW which ended in June. I have about £1,000 outstanding on a £10,000 finance.

 

They have passed it on to an external debt collecting company who keep calling me. They want me to agree an appointment for their agent to come round my house, look at the car, check the V5 and agree a payment plan for the outstanding amount otherwise they will have no option but to apply to the courts for Repo. i am reluctant to have this agent snooping round.

 

I have just recently in last 6 months ran into difficulties and just making sure my mortgage and council tax are paid.

 

What would be the legal position since 90% of the finance has been paid?

 

Also i had another 5 year agreement with Carlyle for £13,000 for a Mercedes and I paid that off in 1 and half years just recently. i did ask them to consider that I paid that off quickly and write off the £1,000 for this particular debt but they refused.

 

Any help appreciated.

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To Begin With, They Will Need A Court Order To Repo The Car,

If They Went To Court You Would Agree A Payment Proposal With The Judge In Your Budget And Keep The Car

 

Any Penalty Charges On The Account

Any Ppi

Micky Mouse Insurance

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Here is an update, would appreciate comments.

 

I just had a call on my mobile from a person representing Close Credit Management in reference to the £1,000 outstanding on car finance.

 

I told him I don't want to make an appointment with him to 'look at the car' and will deal with them in writing only giving a payment proposal.

 

He said they never deal with cases in writing and only face to face as they have 'qualified negotiators'. i asked him why do banks and credit card companies negotiate on the phone? His reply was 'it is not a secured loan with them'. i said well how am I able to have a payment plan for my mortgage arrears? He then said 'look let's deal with the matter in hand.

 

Basically he said the best option is for the court to decide on a payment plan.

 

This chap rang from a mobile phone as my mobile has got the caller i.d.

 

Sounds weird?

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i would phone them up

agree a realistic repayment proposal

get them to confirm in writing what the balance is

how much a month

over how long

 

them saying its face to face contact is rollocks

they dont want this to go to court any more than you do

 

you could allways send them a repayment proposal and see what they say

 

but on your terms, not the dca

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They are not interested in discussing payments on the phone and only want face to face. What i will do is send a letter to them recorded with proposal and see what they say. At least it will show the judge that I am showing a willingness to come to an arrangement rather than Close Credit.

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Just would like to update you all on this. Just had a call from Close Credit(their call centre) banging on about the same subject. Saying they want to book an appointment blah blah. Told them they I will deal with them in writing only. Bloke turns round and said that I only have 1 option available and that is to arrange a meeting with their agent at any address in the UK. Sent him packing.

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