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    • i would suggest you look at the dates of posts on those other forums paypal do not sell debts and even if they do, there is stuff and all any debts buyer could do yo you in the UK. forget it, or even better go complaint to your bank and tell them paypal did not advise you £1200 would come out of your a/c, which they should do, and that it was the result of fraud. you don't have to tell them any details.   as for the rest of your debts..   debt IS NOT A CRIMINAL OFFENCE IN THE UK..where the beep did you get that from!!   pers i'd be opening a parachute account and getting asll your income paid into that so NO-ONE can get their hands on it. cause NW are just about to introduce 40% OD int rate and they will forever be draining you of money   get OUT NOW from them.   dx      
    • I'm aware there are some grammatical and reference errors but the post expired before I could fix. I'd really like to know if I've made valid points or not. Thanks.
    • Another thing, they say they have photographic evidence of the entry and exit times, but have not included it in the SAR. If they have photos shouldn't they provide them in the SAR? And if they don't have them now, how can they prove anything?    Should I ask OBS to produce the photos?
    • Is this any better?  I've resigned myself to losing. Admittedly, I don't quite know what I'm doing. I just hope I get a remote hearing, that should save me some embarrassment.      1) The Claimants pleaded case is that the Defendant entered into an agreement with Provident subsequently assigned to Vanquis Bank Limited under account reference xxx.    2) It is admitted I have had financial dealings with Provident in the past. However, have no recollection of the alleged reference number the claimant refers to.   3) In February 2019 I made a formal written request to the Claimant for them to provide me with a copy of my Consumer Credit Agreement as entitled to do so under sections 78 of the Consumer Credit Act 1974.    4) On the 21 June 2019 the Claimant sent a response which enclosed a reconstituted copy of an agreement, default notice, notice of assignment Provident to Vanquis, notice of assignment Vanquis to Lowell. [EXHIBIT x, x & x].   5) On 30/07/19, I received a claims form from the County Court Business Centre, Northampton, for the amount of £369.84. The claimant contends that the claim is for the sum of £369.84 in respect of monies owing under an alleged agreement with the account no xxxx  pursuant to The Consumer Credit Act 1974 (CCA).   6) Contained within the claimants particulars the claimant states that the account was subject to assignment from Provident to Vanquis. The claimant states a further assignment to them occurred on 12/06/2017 with notice given.    7) It is denied notice of assignment from Provident to Vanquis and subsequently Vanquis to Lowell were ever received.    😎 The claimant states documents were received at both addresses. The claimant doesn’t appear able to confirm my address and therefore cannot say with certainty said documents were received. Furthermore, the client did not issue said documents and therefore cannot prove delivery.     9) It is denied any communication took place with myself and Vanquis Bank Limited. Any alleged legal assignment to part of the “Fresh Start” initiative had not been informed. I have no previous knowledge.   10) Under the consumer credit act 2006, until debts have been repaid, there is an obligation to send statements and notices to the debtor at prescribed intervals at no more than 12 months. The statement should explain the money borrowed, money paid, interest in all cases and the outstanding amount. Consequences of failing to make repayments and the opportunity of making minimum payments should be informed. The Claimant has submitted a statement of accounts dated March 2019. This having followed my request for a credit consumer agreement. It is denied this document and any such required statement of accounts required under section 77A during the alleged agreement were ever received.   11) The claimant states that a default notice was issued on 18thJanuary 2017. The payment date requested by Vanquis Bank Limited on said document is  28thFebruary 2017. The formal Notice of Default that was accompanying this letter displays a requested payment date, 28thFebruary 2019. (Exhibit x, x)   12) I argue that this is not in fact a COPY of an original default notice, that they state was issued during February 2017, but that this is a fabricated version of a default notice created by Lowell. Either way the default notice was not issued by the assigned creditor (Vanquis).   13) It is therefore contended that the original creditor failed to serve a valid Default Notice pursuant to section 87(1) Service of a notice on the debtor or in accordance with section 88 (a “default notice ”) is necessary before the creditor or owner can become entitled, by reason of any breach by the debtor of a regulated agreement.   14) The Claimant states a default notice was not required. If there is a default in payments during the fixed term a default notice must be issued. The Claimant states they were informed a default notice was sent on 18thJanuary. The Claimants case relies upon being informed and does not constitute fact.   15) It is denied a default notice was ever received.    16) It is admitted I responded to the Claimant’s pre-action protocol letter addressed in my name. I indicated I did not know if I owed the debt. I indicated as such having no recollection of affiliation with Vanquis nor Lowell. A default for the allege debt appearing on my credit file only November 2019.    17) I understand that the claimant is an Assignee, a buyer of defunct or bad debts which are bought on mass portfolios at a much reduced cost to the amount claimed and which the original creditors have already written off as a capital loss and claimed against taxable income.   As an assignee or creditor as defined in section 189 of the CCA this applies to this new requirement on assignment of rights. This means that when an assignee purchases debts (or otherwise acquires rights under a credit agreement) it also acquires certain obligations to the borrower including the duty to comply with CCA requirements (such as the rules on statements and notices and other post-contractual information). The assignee becomes the creditor under the agreement. This ensures that essential consumer protections under the CCA cannot be circumvented by assigning the debt to a third party.   18) Under Civil Procedure Rule 16.5 (4) Where the claim includes a money claim, a defendant shall be taken to require that any allegation relating to the amount of money claimed be proved unless he expressly admits the allegation. Therefore, it is expected that the Claimant be required to prove the allegation that the money is owed as claimed.
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      I was in Sainsbury’s today and did scan and shop.
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I was on my way to collect an item from Argos in Hammersmith from Hanwell w7. It was not available in nearby stores.I had picked up my wife and 11 year old daughter from school and as it was a long drive that i had not made before, my wife suggested i park and she would find out if there was a shorter route we could take. We parked in front of some shops and we were not causing any blockage of traffic. She came back in litterally 2 minutes with instructions. We turned back i followed a much shorter route via the A4. I was astonished to recieve a PCN notice (18-05-09) Anyway i made an appeal on the 25th of MAY and had not heard anything so i thought the council had quashed it. On the 20th of JULY ( nearly two months later) i recievd a letter stating that my appeal was not succesful. Can they reply so late and is there anything i can do about it. confused-smiley-013.gif

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I assume you were parked on a line of some description?

 

2 minutes to nip into a shop isn't really a defence. Have you had a Notice to Owner yet?

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I assume that this was a section 10 PCN (issued by post) and that your appeal was therefore a formal appeal, and what they have now sent you os a formal Notice of Rejection with details of how ot appeal further to the adjudicator.

 

In which case, you should appeal on the grounds of procedural impropriety by the Council as they have failed to follow the regulations.

 

Duty of enforcement authority to which representations are made

 

5.—(1) The enforcement authority may disregard any representations which are received by it after the end of the period of 28 days beginning with the date on which the relevant notice to owner was served.

(2) Where representations are made to an enforcement authority by virtue of regulation 4(1) and in accordance with regulation 4(2), it shall subject to paragraph (1) be the duty of the enforcement authority

(a) to consider the representations and any supporting evidence which the person making them provides; and

(b) within the period of 56 days beginning with the date on which the representations were served on it, to serve on that person notice of its decision as to whether or not it accepts that—

(i) one or more of the grounds specified in regulation 4(4) applies; or

(ii) there are compelling reasons why, in the particular circumstances of the case, the notice to owner should be cancelled and any sum paid in respect of it should be refunded.

(3) Where the enforcement authority accepts that a ground specified in regulation 4(4) applies or that there are such compelling reasons it shall—

(a) cancel the notice to owner; and

(b) state in the notice served under paragraph (2)(b) that the notice to owner has been cancelled and at the same time refund any sum paid in relation to the notice.

(4) The cancellation of a notice to owner under this regulation shall not be taken to prevent the enforcement authority from serving, in accordance with the General Regulations, a fresh notice to owner on another person.

(5) If the enforcement authority fails to comply with paragraph (2)(b) within the period of 56 days there specified, it shall be deemed for the purposes of these Regulations to have accepted—

(a) that such of the grounds referred to in paragraph (2)(b)(i) as were relied upon in the representations apply; or

(b) in a case where paragraph (2)(b)(ii) is relied upon, that there are compelling reasons of the kind referred to in that paragraph,

and paragraph (3) shall apply accordingly.

 

They would appear to have taken 57 days.

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I assume that this was a section 10 PCN (issued by post) and that your appeal was therefore a formal appeal, and what they have now sent you os a formal Notice of Rejection with details of how ot appeal further to the adjudicator.

 

In which case, you should appeal on the grounds of procedural impropriety by the Council as they have failed to follow the regulations.

 

 

 

They would appear to have taken 57 days.

 

I think its within 56 days I think you have not allowed the time for the original appeal to be served on the Council. (assuming it was posted on the 25th may)

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The letter you received should tell you what you can do now - it will say either pay or refer the case to adjudication. I think it's unlikely to succeed at adjudication. Although you didn't mention what the alleged offence was, I guess you parked on a yellow line or some other restriction where you weren't supposed to? Difficult to see how you would argue the case, as your mitigating circumstances won't stand up now.

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The letter you received should tell you what you can do now - it will say either pay or refer the case to adjudication. I think it's unlikely to succeed at adjudication. Although you didn't mention what the alleged offence was, I guess you parked on a yellow line or some other restriction where you weren't supposed to? Difficult to see how you would argue the case, as your mitigating circumstances won't stand up now.

 

If this is being dealt with by a Council, then there is no offence. If the Council paperwork states that an offence is alleged/committed, then that alone is grounds for appeal.

 

Councils can only deal with parking contraventions.

 

Jamberson is correct that the adjudicator will not hear pleas of mitigation, only matters of fact.

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That's just me speaking in informal terms. Offence = transgression; misdemeanor - not using it for any type of formal or legal meaning.

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Thanks for all the replies. Just to reitterate and add some more infomation.

1. The offence took place 06/05/09.

2. Offence 02j parked..........loading/unloading........(paked on single yellow line).

3 Date of notice 18/05/09. Appealed on grounds of mitigating circumstances being, had a child in the back and had parked as emergency and thought common sense and compassion would prevail. I also told them i was not working through sickness. (having worked for over twenty years. Life really sucks and kicks you when you are down)

4. Sent appeal 25th May recived reply refusing appeal but offering adjudication. Their letter was dated 16-07-09 but i recieved it on the 20th.

I live in Hounslow and did not think about loading or any other rules. It was simply an act of trying to save some time because my daughter was in the car and it was a hot day. I even produced a letter from the shop keeper stating i was only there for two minutes and verified my story. I am just sick and tired by the council treating us like machines. These are just money making exercises so they can fill their fat bellies. I will take my case to the adjudicater and hope he has a heart and hope other peole will fight these pcn notices when leeway can be shown.:evil:

The fact that they took so long is prolonging the agony and causing maximum pain.

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I will take my case to the adjudicater and hope he has a heart and hope other peole will fight these pcn notices when leeway can be shown.:evil:

 

I am not sure it will be wise to take it to the adjudicator and hope for a heart without some decent mitigating circumstances. The adjudicator will only be able to look at the facts of the case and whether the council acted fairly and reaasonably, so unless they gave you the PCN in like 30 seconds flat or something, then he may have to uphold the fact that the PCN was legally and reasonably issued.

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Most people have an 'excuse' for parking in contravention however as Crem has pointed out adjudication can only deal with the 'law' and not mitigation. Yellow lines are painted on the road for a reason and are in most cases pretty clear if you chance parking on them you risk getting a PCN. If the Council is still offering you the discounted rate I would seriously consider paying the PCN if you do not have a valid reason for cancelling the PCN other than to visit a shop as it will end up costing you more in the long run.

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