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    • My story starts with being issued a windscreen PCN on 8/3/24 which was almost immediately removed and a second  PCN was then  sent by post on 13/3/24  [deemed delivered 15/3/24] which I did not receive and had to send an sar to have that particular mess revealed later  but that is not the reason for my complaint. UKPC then sent a Keeper Liability Notice dated 12/4/24 warning me that as 28 days have now elapsed, I as keeper am now liable for the charge.  This is in direct contravention of PoFA since the keeper does not become liable to pay until the day after the original PCN is deemed to have been given which would have been 13/4/24 -a Saturday ]. Not only does it not comply with PoFA but it fails to adhere to your Code of Practice and is in breach of their agreement with the DVLA.  I have included copies of both Notices for information. You will realise the seriousness of this situation if this is standard practice from the UKPCM to all motorists or just those where windscreen tickets are involved since the Law regarding PoFA is being abused and it is unfair to misguide motorists. I await your  response which I understand will usually be within a week.
    • It probably deletes after a certain time. What a shame you did not check at the time. However I have no doubt that there was a PCN envelope under your windscreen wiper  as shown quite clearly on one of the photographs. . It would seem strange that it was placed there empty hence the reason I stated a second Notice was issued [though not necessarily sent. As I said in that letter to IPC that was not what the complaint was about and probably  IPC will ask about that at the same time if they accept you  going direct to IPC for the other matter. It is immaterial how many original PCNs were issued or not issued. You are able to show the two that you have from their sar one of which coincides with the one you received in the post and that is the one that does not agree with the date times of PoFA. Thus breaching not only the Act, but also the IPC  Code of Conduct and the ability of UKPCM to obtain data from the DVLA. So leave that part of the letter as good to go. However as it is as Dave [Thank you Dave!} pointed out that it is UKPCM and not UKPCI have amended the letter and posted it below.
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    • Its based on 10% annual depreciation, divided by 52 weeks and then x the excess number of weeks that they have had the vehicle for, after the agreed initial 3 week repair.
    • LOL LOL LOL Don't need that many to deport a handful of volunteers - at best Home Office department processing Rwanda deportations told to cut jobs Exclusive: Illegal Migration Operations Command freezes recruitment and draws up redundancy plans, leaked documents show Cant have hundreds of well paid people in a department deporting a single volunteer when we have an upcoming election to lose now can we - VIPal drenched in riches and departments full of pals well paid for doing nowt will 'sadly soon be history - was rumored to in a text from a soon to be ex-minister texting in from one of his main jobs in a number of industries he will soon be unable to help.   Home Office department processing Rwanda deportations told to cut jobs | Immigration and asylum | The Guardian WWW.THEGUARDIAN.COM Exclusive: Illegal Migration Operations Command freezes recruitment and draws up redundancy plans, leaked documents show  
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      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

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      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

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    • We have finally managed to obtain the transcript of this case.

      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.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
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      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Court claim from Link Financial. Please help.


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We’ll do all the thinking for you. Do as rebel says, and get a thread going on this first claim.

 

Pull together all the info you can – type of account, who with, when taken out, amount outstanding, when and whether defaulted, etc. Your first step will be a CPR request.

 

We’ll also need to know what it says on the claim form, exactly.

 

Make sure you remove anything personal or which identifies the account or claim from the documents you scan.

 

Personally I would suggest the Legal forum rather than MBNA – I really believe you’ll get more help – but put a thread in MBNA pointing here.

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Gotta fly out, but first thoughts:

 

I’d noticed the PoC did not state that a DN had been issued, only that a default had been registered. I see why now.

 

That DN/NoA combined looks distinctly odd. I don’t see how it can be issued by Link who were assigned the account AND by MBNA who remain a creditor? That is absolute rubbish. Unless they are saying the assignment is NOT absolute, and they have only bought the BENEFITS of the account – which it appears to say – in which case I don’t think that Link can take you to court without MBNA joining the action. If MBNA is a creditor, then MBNA must take action; if Link are claiming not to be the creditor, they cannot enjoy the benefits of S87.

 

Also, as a DN it fails because it claims the WHOLE balance, not arrears. It is almost certainly not in the correct format, and does not give sufficient time for remedy.

 

Under CPR – and as they are mentioned in the PoC – you must include a demand to see the Deed of Assignment, as well as the usual bits. This true nature of this assignment could be the key to your defence.

 

Look forward to hearing what the heavy artillery think!

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It would be best for you to have an outline understanding of the legal issues and processes, so definitely get reading on those. I think pt2537 believes CPR18 to be the most powerful of the CPR tools (used correctly), so have a good look at that.

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  • 3 weeks later...

As pt2537 argues, strike outs are often dangerous territory, because if you fail, you bear their costs. Judges seem to be very generous to claimants against LiPs. Perhaps better to give them a bit more rope. If they fail after an extra 28 days, then their goose is cooked.

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As pt2537 argues, strike outs are often dangerous territory, because if you fail, you bear their costs. Judges seem to be very generous to claimants against LiPs. Perhaps better to give them a bit more rope. If they fail after an extra 28 days, then their goose is cooked.

 

Nicklea, I don’t understand what you’re getting at. How is the OP’s goose cooked? The OP would have done all in their power to get the info by agreeing an extension of time to file a defence – with a letter from the claimant giving extra time to get the documents to support its claim, then the claimant failing to provide it, that gives the OP some real evidence to use in a strike out, ie. the claimant by its own admission has failed to disclose documents.

 

At this stage (or earlier) the OP could also ask for a court order to have the documents supplied, but as the claimant has offered to supply the docs with more time, this would be pointless before the time is up.

 

That seems a much more positive scenario. I don’t understand what you are disagreeing with.

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Just make sure you have all the details on there – case number, claimant and defendant, date of claim, etc. Also quote CPR 15.5, as suggested above.

 

Yes, include a copy of the letter from Link and make it clear YOU are allowing THEM a further 28 days, as they have agreed.

 

It may be best for you to state the date you believe the extension works until, ie. about 56 days after the claim was originally issued.

 

Perhaps copy the letter to Link, so they know the obligation they are under.

 

Send all recorded.

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Call the court and check they have the letter and will not entertain any application for judgment from Link in the meantime. Record the call if you can.

 

The court should grant the extension automatically given the evidence of Link’s letter.

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CPR 15.5 is clear and short:

 

Agreement extending the period for filing a defence

 

15.5

(1)The defendant and the claimant may agree that the period for filing a defence specified in rule 15.4 shall be extended by up to 28 days.

 

(2)Where the defendant and the claimant agree to extend the period for filing a defence, the defendant must notify the court in writing.

 

I can see no mention of applications being required, just the information being made available to the court. Puzzling. I think whoever wrote that may be wrong – you have done as required.

 

Anyway, easy to set aside with that letter is they dare go for judgment; just keep an eye on the revised date then go for strike out if they fail to comply.

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You are right, to a large extent. The concrete monolith that is Northampton CC is really a factory for churning out claims at around £100 a go. Your assessment of it as a glorified profit-making call centre is on the nose.

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  • 3 weeks later...

Write and point out they have failed to comply with your CPR request, that the CCA as mentioned in the PoC remains outstanding, and you expect same by return.

 

What’s you’re final deadline for submitting your defence? You need to request that they supply the CCA seven days before this final date so you have time to respond.

 

Let them know that failure to comply will result in an application for a court order to produce the documents.

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