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    • I have received a PCN from Euro Car Parks for MFG - Esso Cobham - Gravesend. I was completely unaware that there was any such limit for parking and always considered this to be a service station. I stopped there to use the toilet, have a coffee and made a couple of work calls. I have read the previous topics on this location which suggest I can ignore this and ECP will not take legal action. The one possible complication is that the vehicle is leased by my employer so I do not want to involve them with the associated reminders and threatening letters. The PCN was first issued to the leasing company Arval who have notified ECP of the hiring company. I have attached a copy of the PCN Notice to Hirer with details removed as per instructions. What options do I have or should I just pay the PCN promptly at the reduced rate of £60? img20240424_23142631.pdf
    • What you have uploaded is a letter with daft empty threats from third-party paper tigers.  Just ignore it. What we need to see is the original invoice you received last October or November.
    • Thanks for posting the CPR contents. i do wish you hadn't blanked out the dates and times since at times they can be relevant . Can you please repost including times and dates. They say that they sent a copy of  the original  PCN that they sent to the Hirer  along with your hire agreement documents. Did you receive them and if so can you please upload the original PCN without erasing dates and times. If they did include  all the paperwork they said, then that PCN is pretty near compliant except for their error with the discount time. In the Act it isn't actually specified but to offer a discount for 14 days from the OFFENCE is a joke. the offence occurred probably a couple of months prior to you receiving your Notice to Hirer.  Also the words in parentheses n the Act have been missed off. Section 14 [5][c] (c)warn the hirer that if, after the period of 21 days beginning with the day after that on which the notice to hirer is given, the amount of unpaid parking charges referred to in the notice to keeper under paragraph 8(2)(f) or 9(2)(f) (as the case may be) has not been paid in full, the creditor will (if any applicable requirements are met) have the right to recover from the hirer so much of that amount as remains unpaid; Though it states "if any applicable ...." as opposed to "if all applicable......" in Section 8 or 9. Maybe the Site could explain what the difference between the two terms mean if there is a difference. Also on your claim form they keeper referring to you as the driver or the keeper.  You are the Hirer and only the Hirer is responsible for the charge EVEN IF THEY WEREN'T THE DRIVER. So they cannot pursue the driver and nowhere in the Hirer section of the Act is the hirer ever named as the keeper so NPC are pursuing the wrong person.  
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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.
      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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1st Credit - Statutory Demand Received - Help needed


sam1234
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because no one has posted on it for the last 4947 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

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Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

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Hi I seem to have a similar problem!

I received a letter from debt collectors delivered by City Link couriers and signed for. Anyway it was a admin order for bankruptcy giving me 18 days to respond. The claim is for a debt that is just short of six years old and it looks like the are serious.Ive never had any contact with them in this period but this just came out of the blue. i would also appreciate any advice thats out there

sam

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Hi I seem to have a similar problem!

I received a letter from debt collectors delivered by City Link couriers and signed for. Anyway it was a admin order for bankruptcy giving me 18 days to respond. The claim is for a debt that is just short of six years old and it looks like the are serious.Ive never had any contact with them in this period but this just came out of the blue. i would also appreciate any advice thats out there

sam

i sam you need to start your own thread? can i ask which debt collector has contacted you and who was the orignal creditor?
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Hi, sam1234.

 

I have started a new thread for you, I've pm'd you the 'link'.

Thanks for the 'heads up' DonkeyB.

 

Regards.

 

Scott.

Any advice I give is honest and in good faith.:)

If in doubt, you should seek the opinion of a Qualified Professional.

If you can, please donate to this site.

Help keep it up and active, helping people like you.

If you no longer require help, please do what you can to help others

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:razz:ALWAYS REMEMBER, IF YOU GOT YOURSELF INTO YOUR SITUATION, YOU ARE MORE THAN CAPABLE OF GETTING YOURSELF OUT OF IT

WITHOUT THE HELP OF THE DCA's!!!!!!!!!!!

 

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Hi,

It may be worth your signing up with one of the credit reference agencies to find out the actual default date (if you don't know it already)

 

The Statute Barred clock starts from the cause of action, not the default date.

If you are asked to deal with any matter via private message, PLEASE report it.

Everything I say is opinion only. If you are unsure on any comment made, you should see a qualified solicitor

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stat demand under section 268(1)(a) 0f insolvency act 1986

amount is for £1740 Associates Capital Corp agrement. the benefit of the debt asigned under agreement to 1st Credit finance ltd dates 22/10/2004

 

If the debt was assigned on 22/10/2004 then the failure to pay according to the terms and conditions of the account (ie the cause of action) MUST have occured some time before this. To keep it legal two periodic payments must have been missed before a default notice can have been issued and in those days 7 clear days notice plus postage time was required.

Simple maths points to the account already being well and truly statute barred even assuming the account was sold immediately upon termination and that termination occured immediatley upon (lawful) default both of which are highly unlikely.

Assuming it was a monthly account, you would have needed to miss two payments (2 months) before a default notice could be issued and then a further 7 plus 2-4 days (dependent on service) for the default notice to expire before the account could be lawfully defaulted, giving an actual 'cause of action date' of around 10th August 2004 at the VERY earliest.

You must defend the SD, there are several experts on this site who will guide you through it, SB in itself is a complete defence, there are probably other points for you to defend with as well.

Hit 1st Crud for costs (again you'll get guidance and you MUST report this sordid little operation to the OFT for issuing a SD on a statute Barred debt.

As of 03/03/12 please do not under any circumstances wait for my further input or guidance on any current thread or defence of a court claim I might have been involved in on or through Cag.

Jasper1965

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Hi

 

I have asked the site team to change the title of your thread to say 'Statutory Demand' so that people can give you the right help. I don't know enough about these demands but others do. Don't worry.

 

I can help you with the complaints but the priority is knocking this demand on the head.

 

I will keep an eye on this.

Edited by coledog

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OK...you really must attempt to get this set aside, as Connaught Collections are pretty vigorous about the stat dmeands and the follow through to bankruptcy.

 

Firstly I would recommend sending in a CCA request to both Connaught and the original creditor.

I would also reccomend a SAR to the original creditor

If the debt was assigned 6 years ago in October then they KNOW for sure it will be statute barred

You can dispute the debt for a number of reasons which you can find in the threads here - http://www.consumeractiongroup.co.uk/forum/forumdisplay.php?190-DCA-Legal-Successes

 

You have to get your set aside forms 6.4 (set aside) and 6.5 (affadavit) in within 18 days of the date the demand was delivered, along with your affadavit which you can find here - http://www.consumeractiongroup.co.uk/forum/showthread.php?86067

 

Once you have filled out the set aside forms and the affadavit then you have to take them to a local solicitor to 'swear' them in (this usually costs £5) however you can also swear in the forms at your local county court (check that your local county courts handle bankruptcies/insolvencies - as not all county courts do, and as a side note your nearest county court (that handle BR's and insolvencies) should be mentioned in the stat demand, the demand should also have a telephone number and a person at the solicitors/DCA that you can talk to - (check these too)....you can check whether the court mentioned in the demand is the correct court by looking here - http://www.hmcourts-service.gov.uk/HMCSCourtFinder/

 

Once you have filled out the 6.4 and 6.5, get them sworn in (either as mentioned above) at a local solicitors or at the court itself (which you could do when you take the forms in) then await a hearing. You must also take at least 2 copies for yourself.

 

You will then be notified of a hearing date for you to set aside, and your costs you must submit so they are in the court file at least 24 hours before the hearing....

 

Any questions then please do shout....and do spend some time reading around these forums, especially in the first link I have given...

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