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By Strawberry_candy33 · Posted
If I have to hand write it, does the not needing to sign it still apply or would I have to sign in? -
Do I need to send the N56? I did ask for this process to be put on hold but think this request may have got lost in our conversation - in that I did not receive any confirmation to this request.
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Original creditor was LLoyds Bank PLC, the DCA appears to be Intrum UK Finance Limited.
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Evening, I have spoken to Northants Bulk and the lady I spoke to was actually very helpful. She has sent me across a PDF copy of the CCJ Judgement but the particulars of claim were included in the body of the email. I will see if I can save this as a PDF. Do I need to redact anything? Additionally, from our conversation it became clear that they have a different figure outstanding to that stated on the AOE which again is different on my credit search. The lady mentioned that my CCJ would drop off my history at the end of August and it would for the creditor and I to manage the debt repayment. So if the CCJ is removed is there an obligation for me to pay this alledged debt? I assume the creditor would reapply for another CCJ to enforce this debt? Thanks, Gerrard04
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By lookinforinfo · Posted
I would like to make a couple of comments on their Ws. First as Dave says the PCN is not PoFA compliant. The PCN has to include the period of parking which is obviously not the arrival and leaving times on the ANPR cameras. Several minutes must elapse between finding a parking spot and then leaving the parking spot and getting to the exit. Therefore the keeper cannot be held responsible for the alleged debt by the driver. And HX should be put to strict proof that the driver and the keeper are the same. Second this could prove difficult for them since in the contract [s8 Declaration ]they are unable to distinguish whether the Client is the land owner, the Legal occupier or the managing agent in the signed declaration despite the fact that they have a signed contract signed by someone not in their presence 4 days later whose name has been redacted. This really is not good enough to qualify as a valid contract as there is only a signature without naming the company they are working for as well as only being a manager, not a director. So we need strict proof of the company who signed as the Client and if it was not Canada Life then we need strict proof that the signee had permission to sign on behalf of CL. third the Entrance sign indicates that the T&Cs are inside the car park so it cannot said to offer a contract, just an offer to treat. Fourth [though Dave may have covered this] the contract allows HX tth right to recover parking charges but stops short of permitting them to pursue through the Court which usually occurs in contracts relating to parking. Fifth the contract is governed by the law of England and Wales so their PCN is unlawful since it contains a notification that extra charges of £160 can be charged. This is contra to the law yet permitted by the ISC. As the PCN is an unlawful instrument it follows that any charges from the PCN cannot be permitted and the case should not have been issued. Sixth put the ANPR cameras to strict proof of their accuracy with GMT on the day of the alleged offence . That's all I can see at the moment. Hopefully Ethel Street will confirm the position on the lawfulness of the added charges included in the PCN.
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