Jump to content

You can now change your notification sounds by going to this link https://www.consumeractiongroup.co.uk/index.php?/&app=soundboard&module=soundboard&controller=managesounds

 

You can find a library of free notification sounds in several places on the Internet. Here's one which has a very large selection https://notificationsounds.com/notification-sounds

 

 

BankFodder BankFodder

 

BankFodder BankFodder


  • Tweets

  • Posts

    • 12+2 working days.   a dca can't hurt you credit file any more anyway.   only the original creditor can issue and register a default, on or before the sale of the debt.   what the dca put in the calendar section is immaterial as only you and them can see it it does not extend the 6yrs period whereby the debt shows on your file and after which the 6th defaulted date's birthday causes the whole file to removed regardless to paid or not, paying or not......makes no odds. it still goes, but might still be owed mind, depending upon the contents of the CCA return.   dx  
    • Hello   I agree with dx100uk.   Send them a CCA request which is a request for them to produce the original agreement that gives rise to the debt.  They have a limited amount of time (I think around fifteen days) to send you the document.   Here are the possible follow-ons from that:   1. They don't respond within 15 days and so you are legally entitled to stop paying until they do send a response. 2. They send a letter saying they have gone back to the original creditor to ask for the document and they need more time.  You (legally) stop paying after fifteen days and don't pay them again until they send proof. (This is the most likely first response as they wont have any of your documentation as they bought your debt as part of 1000 others on a spreadsheet on a CD ROM or USB stick). 3. They send you something that looks like a contract or which might be something else that they want you to think is the contract within the time frame.   After either of the above  whatever they send you should be referred back here for an assessment as they will often send you unsigned documents or made up bits of nonsense.  Even if the contract turns out to be the genuine one it still might not be enforceable due to errors made by the creditor at the time of signing.   The only potential downside to the above is that they could try to damage your credit record but probably it is as much damaged as it can be by this debt already so nothing else they can do will make it worse.   Following on from the above you can continue to not pay them.  I would setup an on-line savings account and pay yourself the money instead which has the advantage of creating a resource in case you need to resume payments in the future.   They may send you further letters either inducing you to resume payments by threat or by offering you a deal.  If the document is not valid then the only deal you need to take is the one you unilaterally entered into at T plus 15 days when you agreed with yourself not to pay them another penny.   It is not impossible that they will send you a letter saying the debt is unenforceable (miraculously I have actually seen one!) and asking you to pay anyway which you will of course ignore as you should not be giving any member of this low life industry any encouragement.  
    • I agree and I've no doubt that will happen in the future, but if a court claim is issued and a ccj successfully registered against the debtor then it will never be sb anyway, so are we more likely to see more court claims in the future ?      Can it not work both way though, if the sb date is ultimately aligned to the date of the default notice, essentially giving the creditor 6 years to collect or issue a court claim then regardless of when the debt was last acknowledged / payment made, a debtor could just tell the creditor to eff off after the 6 years is up, figuratively speaking     
    • Received acknowledgement of defence submission from court. VCS now have the option of continuing their claim or not. Watch this space !!!!
    • Yes it doesn't work HB  In Wales someone needed a test on a Sunday, the testing station at Llandudno Hospital was closed, so they could either go to Manchester, 75 miles, or Cardiff 200 miles and a 10 hour round trip.   But as Manchester is England no guarantee on getting test results.
  • Our picks

    • Currys Refuse Refund F/Freezer 5day old. Read more at https://www.consumeractiongroup.co.uk/topic/422656-currys-refuse-refund-ffreezer-5day-old/
      • 5 replies
    • Hi,  
      I was in Sainsbury’s today and did scan and shop.
      I arrived in after a busy day at work and immediately got distracted by the clothes.
       
      I put a few things in my trolley and then did a shop.
      I paid and was about to get into my car when the security guard stopped me and asked me to come back in.
       
      I did and they took me upstairs.
      I was mortified and said I forgot to scan the clothes and a conditioner, 5 items.
      I know its unacceptable but I was distracted and Initially hadn’t really planned to use scan and shop.
       
      No excuse.
      I offered to pay for the goods but the manager said it was too late.
      He looked at the CCTV and because I didn’t try to scan the items he was phoning the police.
       
      The cost of the items was about £40.
      I was crying at this point and told them I was a nurse, just coming from work and I could get struck off.
       
      They rang the police anyway and they came and issued me with a community resolution notice, which goes off my record in a year.
      I feel terrible. I have to declare this to my employer and NMC.
       
      They kept me in a room on my own with 4 staff and have banned me from all stores.
      The police said if I didn’t do the community order I would go to court and they would refer me to the PPS.
       
      I’m so stressed,
      can u appeal this or should I just accept it?
       
      Thanks for reading 
      • 7 replies
    • The courier industry – some basic points for customers. Read more at https://www.consumeractiongroup.co.uk/topic/421913-the-courier-industry-%E2%80%93-some-basic-points-for-customers/
      • 1 reply
    • The controversial sub-prime lender says the City watchdog is investigating its practices.
      View the full article
      • 0 replies
style="text-align:center;"> Please note that this topic has not had any new posts for the last 4017 days.

If you are trying to post a different story then you should start your own new thread. Posting on this thread is likely to mean that you won't get the help and advice that you need.

If you are trying to post information which is relevant to the story in this thread then please flag it up to the site team and they will allow you to post.

Thank you

Recommended Posts

I hope someone can give me some advice on a PCN (Road Traffic Act 1991 - (as Amended) received in Edinburgh.

 

I am a permit holder and was parked in a pay and display bay in the S2 zone. The Edinburgh district council website says that I may park there for free up to 9am. (Please see 'Can I park free of charge in pay and display bays with my permit?') here -

 

The City of Edinburgh Council - Outer North and South Zones (Extended - Frequently Asked Questions

 

The ticket that I received had the offence time recorded as 0901 on the outside envelope. The PCN has 2 times on it however - From 08:55:49 To 09:01:06.

 

Does this indicate that the ticket was started at 08:55:49 while I was still permited to be parked in the bay for free? I appealed the ticket by email on the day of receipt and this has been rejected. Should I now just wait for the Notice to owner form or do something else?

 

If the 09:01:06 time is the offical time should I be able to appeal that I was not given a Grace period?

 

Thanks for any and all advice.

 

feeblemind

Share this post


Link to post
Share on other sites

I should have mentioned that the offence code was 06P.

Share this post


Link to post
Share on other sites

Without seeing the PCN I am guessing that the 08:55 to 09:01 is the observation time, which means the parking attendant observed the vehicle during those minutes. I think it's irrelevant to the actual issuing of the PCN.

 

I don't believe there is a grace period in such situations - why would there be? If you are supposed to vacate the bay by 9:00, then that means 9:00 rather than 9:02 or 9:05 or whatever.

 

What was the basis of your appeal? Best line would probably be mitigating circumstances if there are any.

Share this post


Link to post
Share on other sites

Thanks for the reply Jamberson.

 

I appealed on the grounds that Edinburgh has a grace period of 5 minutes for failure to display a pay and display ticket:

The City of Edinburgh Council - Frequently Asked Questions about Parking in Edinburgh

 

Why should the PA have been observing my car prior to 9:00 if it was not at that time causing an offence? It was my assumption, and I may be incorrect, that the 2 times on the PCN were to show that a grace period had been given.

 

If the 09:01 time is correct then why should I not be entitled to the grace period indicated in the link above?

 

feeblemind

Share this post


Link to post
Share on other sites

If he observed your car at 8:55 and saw it to be legally parked, why did he continue to observe it until 9:01 when it became a contravention?

 

Surely you can appeal on a de minimus defence, i.e. the accuracy of your clock against the acuracy of their times should allow for more than a 1 minute descrepancy before issuing a PCN.

Share this post


Link to post
Share on other sites

I suppose there are several questions I'm hoping might be answered by the Caggers.

 

1. Can the process of writting out a ticket start before the vehicle/driver committed the parking offence? My ticket states the vehicle was seen From 08:55 To 09:01 - so what if it was legally parked up until 09:00. Therefore is my PCN valid?

 

2. As I have already appealed and been rejected should I take it further on the grounds that the stated grace period does not seem to have been given to me?

 

3. If I take it further is the £60 PCN charge as bad as it can get?

 

I personally feel that £60 for a 1 minute and 6 second (the PA was still there photographing the car when I arrived to move it) difference in watch times is rather harsh!

 

If it can get no worse I'm inclined to take it further and not bail out for the £30 prompt payment reduction on a matter of principal.

 

crem thanks for replying, I was in the middle of this post when your's came through so thought I would post anyway.

Share this post


Link to post
Share on other sites

1. Yes, although not literally "writing out". But it's not unusual for legally parked vehicles to be logged and a time registered for reference later on. A typical example is a free parking, limited time bay, where a legally parked vehicle is recorded and a PCN issued when it is later found in contravention. This is similar to what happened to you.

 

2. That's a matter of judgement, but I would say it's less likely to succeed than fail. It's an interesting case though. Maybe you could argue that you were doing something else and went to the machine at 9:00 - this doesn't seem unreasonable to me, but there's no knowing for sure whether they would accept this.

 

3. Yes, provided you either pay at that point or refer the case to an adjudicator for a hearing. (Which might be a good move since your case definitely has some merit.) Whichever route you take, you won't be more than £60 out of pocket if you lose.

 

Best of luck. I'd be interested in hearing the outcome of this case.

Share this post


Link to post
Share on other sites

Thanks for the replies Jamberson and Crem

 

I will take it to the ajudicator and let you know the outcome.

Share this post


Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...