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    • How does one obtain the permit? The permit team number is only open between the hours of 9am to 3pm Mon - Fri. It says on the website, To obtain an additional 2 hours, the driver must pay a tariff of £3.00 + booking fees in person at our Security Hut, is that how you get the permit also, from the security hut? What a rigmaroll that would be but maybe just another step to take to try and catch people out?
    • Anotheruser0000 bear in mind that not all Judges are equally versed in the PoFA regulations. Fortunately now most of them are but sometimes a Judge from a higher Court sits in who is well experienced  in Law but not PoFA. and so they sometimes go "offkey" because their knowledge can raise a different set of arguments and solutions. It does seem particularly unfair  when the decision is so  bad . it can also be that in some situations the motorist being a lay person is not sufficiently know ledgeable to be able to counter a Judge's decisions in a way that a barrister could.
    • The argument about the date of receipt is now dead because the PCN  does not comply with the wording  of the Protection of Freedoms Act 2012 Schedule 4.  First reason Section 9 [2] [e]  "state that the creditor does not know both the name of the driver and a current address for service for the driver and invite the keeper—(i)to pay the unpaid parking charges;" Second Reason Section 9 [2][a] "specify the vehicle, the relevant land on which it was parked and the period of parking to which the notice relates;" All your PCN does is mark the time you entered and left the car park. It does not include all the myriad things you do in between-driving into the car park, looking for a parking space-perhaps a disabled space or  parent and Child place@ getting the children or disabled person out of the car then going shopping. Coming back; loading the car with shopping [, getting the children or disabled into the car, taking the trolley back to the store; driving to the exit perhaps stopping to let vehicles/pedestrians cross in front of you etc. so subtracting the driving times from before and after parking can make quite a difference from their time to the actual period parking time. So the upshot is now that only the driver is responsible for paying the PCN and the keeper is not liable at all even if the name of the driver is never known by Nexus so well done for not appealing. You obviously want to keep it that way to make it very difficult for them to win in Court if it ever goes that far. Although your question is now moot since  the same objective has been achieved by the non compliant PCN [ie no keeper liability] just  about the only way to dispute the timing of the PCN would be if one kept the envelope and there was a discernible date stamp on it that did not match the date on the PCN. There is a new Act coming out [and it cannot come quickly enough ] and one of the things required is that parking companies will have to prove the date of sending out their PCNs. We are not the only ones who sometimes doubt the veracity of their dates particularly as the later it is sent [unlawfully] the shorter the period motorists have to benefit [?] from the reduced payment. I haven't seen it on your posts but do you know how long you are permitted to park for free?
    • I was so annoyed and frustrated about the fact this case was lost it's been floating around my head all night. Dave962, are you sure that's what the Judge said? .... It doesn't make sense. Did the judge in fact dismiss the case on the grounds that the defendant did not make an appeal within 28 days? Effectively telling the PPC about the error entering the registration number and providing proof of payment at that time? To me, that's an important point.  
    • The United Autoworkers Union took a risk in a Republican - and often anti-union - part of the US.View the full article
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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.
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LTSB and defaults


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I have poted this on http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/200901-anatomy-default-notice-22.html . The advice I have received may be useful for other posters so I am starting a new thread.

Financial meltdown in 2002/3. LTSB send a DN (which I think complies) which I fail to satisfy. About 12 days after date to satisfy a letter from [problem] which states

'this letter, therefore makes formal demand on you to repay the account balance as quoted above' the full amount oustanding. Plus 'our Client has now cancelled your credit card'.

Account then went to MHA and others before we came to a token repayment plan.

Fast forward to 2010 when LTSB seem to be ending all these arrangements, and reverting to adding interest and repaying vast sums. They have now issued a new DN etc.

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This is a reply from silverfox1961

That shouldn't happen.

 

'If you get a default and clear the arrears before the cut off date then it will be as if the default never happened.

If,however, you get a default followed by termination then the original default stands. You cannot be defaulted for the same debt twice.'

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And this is a reply from gh2008

 

'IMHO, when you enter a 'repayment planlink3.gif' there *should* be a new CCA agreement .......

How can the original still be effective when you are not paying the amounts contractually required. (or would they say that the terms was varied - in which case you can reject the new varied term(requiring higher repayments))'

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At the same time as this and if your credit file shows a new default under the new regime via Lloyds TSB policy I would be inclided to take it up with both the OFT and the Data Commissioner in as much as a default added so long after the account fell into arrears is not the done thing.

 

Having said that, the ICO are good at muddying the waters, this is a letter sent from them to Experian which sort of excuses Experians own ridiculous behaviour when it comes to data processing and time limits

 

http://www.experian.co.uk/assets/responsibilities/brochures/icoLetter.pdf

I reside in Dawlish Warren but am not a rabbit.

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Thanks Deb, the credit file is a good idea as several defaults should have cleared by now. If I didn't think it possible I would think that LTSB were being petty and vindictive, however as I know that the government supports them (and their actions) I know that this couldn't be the case.:rolleyes:

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The plot thickens ..............

Going through my paperwork I have found the letter that I received in 2008 on this thread http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/162351-new-tactic-lloyds-tsb.html .

There is no new CCA for the 'aarangement' but a variation in the t&cs. Does page 2 on the photobucket letters give them the right to issue a new DN?

http://i399.photobucket.com/albums/pp74/cymru_1/scan0001-1.gif

http://i399.photobucket.com/albums/pp74/cymru_1/scan0002.gif

I think not BUT they will argue this. Any suggestions before I start writing will be gratefully appreciated.

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It is my understanding that they can issue as many default notices as they like, it's only when they go on from the default and terminate the account by way of a termination letter that no further defaults can be issued.

I reside in Dawlish Warren but am not a rabbit.

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Cancelling a credit card does not mean the account has been terminated but simpy that the card facilities and card itself are no longer of any use.

 

The termination letter would be headed ' Termination Letter' or at least it should be....it doesn't seem as if you've gotten that yet?

I reside in Dawlish Warren but am not a rabbit.

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I've checked all the paperwork and cannot find a termination letter, but I have a letter from LTSB stating that the account is closed and asking for an I&E. I assume this means that account is still ' open for defaults'. If anyone can concur with this I will look at my next plan of action.

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  • 2 months later...

Going through all my old paperwork I didn't fin d a letter saying termination letter but [problem] did write and request payment of the full amount.

Fast forward to now and [problem] have sent a new letter, another 'formal demand to repay the account balance'. They have recancelled my card, are notifying all the credit agencies and may take court action.

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Going through all my old paperwork I didn't fin d a letter saying termination letter but [problem] did write and request payment of the full amount.

Fast forward to now and [problem] have sent a new letter, another 'formal demand to repay the account balance'. They have recancelled my card, are notifying all the credit agencies and may take court action.

 

hi, i had quite a few letters from scm requesting full payment, thier last formal letter stated full balance must be paid in 7 days( or its off to court you go) i sent them a letter back plain and simple , I CAN NOT PAY THE FULL BALANCE IN THE NEXT 7 DAYS OR INDEED THE NEXT 777 DAYS SO PLEASE ISSUE COURT ACTION. the only action i have recived is a letter from the lloyds CDR department..

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