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    • I hope Lord Frost is OK. Islamists and the woke Left are uniting to topple the West ARCHIVE.PH archived 18 Apr 2024 19:12:37 UTC  
    • Ok you are in the clear. The PCN does not comply with the Protection of Freedoms Act 2012 Schedule 4 for two reasons. The first is that in Section 9 [2][e]  says the PCN must "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 ". It does not say that even though it continues correctly with blurb about the driver. The other fault is that there is no parking period mentioned. Their ANPR cameras do show your arrival and departure times but as that at the very least includes driving from the entrance to the parking space then later leaving the parking space and driving to the exit. It also doesn't allow for finding a parking spot: manoeuvering into it avoiding parking on the lines: possibly having to stop to allow pedestrians/other cars to pass in front of you; returning the trolley after finishing shopping; loading children disabled people in and out of the car, etc etc.  All of that could easily add five, ten or even 15 minutes to your time which the ANPR cameras cannot take into account. So even if it was only two hours free time you could  still have been within the  time since there is a MINIMUM of 15 minutes Grace period when you leave the car park. However as they cannot even manage to get their PCN to comply with the Act you as keeper cannot be pursued. Only the driver is now liable and they do not know who was driving as you have not appealed and perhaps unwittingly given away who was driving. So you do not owe them a penny. No need to appeal. Let them waste their money pursuing you . 
    • If Labour are elected I hope they go after everyone who made huge amounts of money out of this, by loading the company with debt. The sad thing is that some pension schemes, including the universities one, USS, will lose money along with customers.
    • What's the reason for not wanting a smart meter? Personally I'm saving a pile on a tariff only available with one. Today electricity is 17.17p/kWh. If the meter is truly past its certification date the supplier is obliged to replace it. If you refuse to allow this then eventually they'll get warrant and do so by force. Certified life varies between models and generations, some only 10 or 15 years, some older types as long as 40 years or maybe even more. Your meter should have its certified start date marked somewhere so if you doubt the supplier you can look up the certified life and cross check.
    • No I'm not. Even if I was then comments on this forum wouldn't constitute legal advice in the formal sense. Now you've engaged a lawyer directly can I just make couple of final suggestions? Firstly make sure he is fully aware of the facts. And don't mix and match by taking his advice on one aspect while ploughing your own furrow on others.  Let us know how you get on now you have a solicitor acting for you.
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Emails regarding an already paid debt.


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*Sorry about the title being mispelt, I cannot seem to fix that now that the post has been submitted and I missed it before doing so.

 

Hello Forum Goers,

 

Looking for a little bit of advise. Two years ago I had an outstanding debt (£1775) sent to the TNC Group for collection, which I paid on January the 13th of this year. I have bank statements confirming that the payment was made. Two weeks ago I received an email from someone claiming to work for the TNC Group that said that the debt had not been paid and that it needed to be paid within 7 days or legal action may be taken. I phoned the number provided and talked to someone, and they confirmed that the debt had been paid and that the email had been sent in fault.

 

Earlier today I received another email that again said the debt was unpaid and that I had been unresponsive to all attempts to contact me. They claim that they have sent letters, made phone calls and texts and that I have not responded to any of these. I responded to this email with a reply saying that I had indeed phoned them and that the debt was already paid. I have yet to receive a response from them and at the moment I am not really expecting one.

 

 

Am I at all at risk from any legal action? How should I act moving forward? I intend to phone them again tomorrow simply to double check that the debt has been paid and that these emails are definitely in fault. I also intend to ask that they send a letter in writing confirming that this is the case. Is there anything else I should be doing? I have begun to think that perhaps these emails are the result of the debt information being sold to a third party, however I cannot see what benefit such a party would hope to claim. Is this a possibility?

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Even if they did take cout action (which in my opinion is unlikely) the claim would automatically fall if evidence was provided to prove that the debt has been paid.

 

TWO THINGS. REMEMBER IT IS THE RESPONSIBILTY OF THE PURSUER TO PROVE THAT THE DEBT EXISTS AND NOT THE DEFENDER TO PROVE OTHERWISE.

 

NEVER CONTACT THESE PEOPLE BY TELEPHONE, WRITING ONLY AND RETAIN COPIES OF ALL CORESPONDENCE.

Edited by Crocdoc
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