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    • Yep, I read that and thought about trying to find out what the consideration and grace period is at Riverside but not sure I can. I know they say "You must tell us the specific consideration/grace period at a site if our compliance team or our agents ask what it is"  but I doubt they would disclose it to the public, maybe I should have asked in my CPR 31.14 letter? Yes, I think I can get rid of 5 minutes. I am also going to include a point about BPA CoP: 13.2 The reference to a consideration period in 13.1 shall not apply where a parking event takes place. I think that is Deception .... They giveth with one hand and taketh away with the other!
    • the Town and Country [advertisments ] Regulations 2007 are not easy to understand. Most Council planing officials don't so it's good that you found one who knows. Although he may not have been right if the rogues have not been "controlling" in the car park for that long. The time only starts when the ANPR signs go up, not how long the area has been used as a car park.   Sadly I have checked Highview out and they have been there since at least 2014 . I have looked at the BPA Code of Practice version 8 which covers 2023 and that states Re Consideration and Grace Periods 13.3 Where a parking location is one where a limited period of parking is permitted, or where drivers contract to park for a defined period and pay for that service in advance (Pay & Display), this would be considered as a parking event and a Grace Period of at least 10 minutes must be added to the end of a parking event before you issue a PCN. It then goes on to explain a bit more further down 13.5 You must tell us the specific consideration/grace period at a site if our compliance team or our agents ask what it is. 13.6 Neither a consideration period or a grace period are periods of free parking and there is no requirement for you to offer an additional allowance on top of a consideration or grace period. _________________________________________________________________________________________________________________So you have  now only overstayed 5 minutes maximum since BPA quote a minimum of 10 minutes. And it may be that the Riverside does have a longer period perhaps because of the size of the car park? So it becomes even more incumbent on you to remember where the extra 5 minutes could be.  Were you travelling as a family with children or a disabled person where getting them in and out of the car would take longer. Was there difficulty finding a space, or having to queue to get out of the car park . Or anything else that could account for another 5 minutes  without having to claim the difference between the ANPR times and the actual times.
    • Regarding a driver, that HAS paid for parking but input an incorrect Vehicle Registration Number.   This is an easy mistake to make, especially if a driver has access to more than one vehicle. First of all, upon receiving an NTK/PCN it is important to check that the Notice fully complies with PoFA 2012 Schedule 4 before deciding how to respond of course. The general advice is NOT to appeal to the Private Parking Company as, for example, you may identify yourself as driver and in certain circumstances that could harm your defence at a later stage. However, after following a recent thread on this subject, I have come to the conclusion that, in the case of inputting an incorrect Vehicle Registration Number, which is covered by “de minimis” it may actually HARM your defence at a later stage if you have not appealed to the PPC at the first appeal stage and explained that you DID pay for parking and CAN provide proof of parking, it was just that an incorrect VRN was input in error. Now, we all know that the BPA Code of Practice are guidelines from one bunch of charlatans for another bunch of charlatans to follow, but my thoughts are that there could be problems in court if a judge decides that a motorist has not followed these guidelines and has not made an appeal at the first appeal stage, therefore attempting to resolve the situation before it reaches court. From BPA Code of Practice: Section 17:  Keying Errors B) Major Keying Errors Examples of a major keying error could include: • Motorist entered their spouse’s car registration • Motorist entered something completely unrelated to their registration • Motorist made multiple keying errors (beyond one character being entered incorrectly) • Motorist has only entered a small part of their VRM, for example the first three digits In these instances we would expect that such errors are dealt with appropriately at the first appeal stage, especially if it can be proven that the motorist has paid for the parking event or that the motorist attempted to enter their VRM or were a legitimate user of the car park (eg a hospital patient or a patron of a restaurant). It is appreciated that in issuing a PCN in these instances, the operator will have incurred charges including but not limited to the DVLA fee and other processing costs therefore we believe that it is reasonable to seek to recover some of these costs by making a modest charge to the motorist of no more than £20 for a 14-day period from when the keying error was identified before reverting to the charge amount at the point of appeal. Now, we know that the "modest charge" is unenforceable in law, however, it would be up to the individual if they wanted to pay and make the problem go away or in fact if they wanted to contest the issue in court. If the motorist DOES appeal to the PPC explaining the error and the PPC rejects the appeal and the appeal fails, the motorist can use that in his favour at court.   Defence: "I entered the wrong VRN by mistake Judge, I explained this and I also submitted proof of payment for the relevant parking period in my appeal but the PPC wouldn't accept that"   If the motorist DOES NOT appeal to the PPC in the first instance the judge may well use that as a reason to dismiss the case in the claimant's favour because they may decide that they had the opportunity to resolve the matter at a much earlier stage in the proceedings. It is my humble opinion that a motorist, having paid and having proof of payment but entering the wrong VRN, should make an appeal at the first appeal stage in order to prevent problems at a later stage. In this instance, I think there is nothing to be gained by concealing the identity of the driver, especially if at a later stage, perhaps in court, it is said: “I (the driver) entered the wrong VRN.” Whether you agree or not, it is up to the individual to decide …. but worth thinking about. Any feedback, especially if you can prove to the contrary, gratefully received.
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New Zealand Student loan living in the UK


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I would be interested to know whether this law change can be retrospective...

.surely if you signed a loan agreement in 1994,

then you would be bound by that agreement?

I am puzzled as to how student loan agreements signed before a later law change can be legally enforceable now, or am I misunderstanding something here!

 

My daughter is making repayments as she can afford them, but has just received a threatening letter from IRD to say they will take money from her bank account or salary if she does not cough up with $30,000 very soon.

 

As though she has been salting money away for years.

Could anyone advise how to go about declaring bankruptcy in NZ?

How do you start that process?

Seems like the only option. I

would be interested in any advice!

 

What is to stop someone with dual nationality, having got a passport where they are resident, in using their foreign passport and not their NZ one. If they did this then surely the NZ border people would not pick up any student loan issues. Just a thought.

 

Yes, I am also interested in this as I know of people who have done this..

.perhaps it is an idea to try!

Or is it a bit too simple?

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Yes, I am also interested in this as I know of people who have done this...perhaps it is an idea to try! Or is it a bit too simple?

 

As long as you don't mind the queue and the border officers asking you about your visit. You will obviously mention that you were from NZ but now live in the UK. They may ask if you have a NZ passport why have you not used it. You could then just say that you have got used to using your UK passport and did not think about it until you were on the plane.

 

What the NZ government are doing is making deliberate non payment of a student loan a criminal offence. It is only on that basis that they could possibly stop and interview someone at a border. I don't think the border officers would have access to a database checking for names.

We could do with some help from you.

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  • 3 weeks later...

to those with little assets in the UK I would HIGHLY recommend a NZ insolvency.

This won't apply to you in the UK just in NZ and will wipe your loan.

The NZ governments approach to all stick and no carrot makes this an appealing option.

Check out the insolvency website where you can do this from the UK.

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  • 3 weeks later...

What is the insolvency website, had a look but not sure I have found the right one. I am considering this way too, have been making payments as I can afford but on a low income and cant keep up with payments either, my family live in nz so disappearing is not an option. Def agree with all its such a draconian approach, attempting to make profits from young students and then blaming the students when it all goes belly up!!

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Helen

 

You need advice from someone qualified in New Zealand.

This is a UK site and you would be very lucky to find someone with the knowledge you need.

 

My advice for what it is worth, is to contact the student loan people in NZ.

Advise them of your situation and ask for their help about the options you have.

Perhaps they have some details of insolvency procedures you can use.

I suspect it is not that easy.

We could do with some help from you.

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Hi, sorry wasnt very clear. I live in the UK and I am touch with the IRD and make payments twice a year but cant keep up with the interest.

 

I have talked till Im blue in the face to the IRD but they will not do anything to make it easier the loan just keeps growing.

 

I am interested in whether i can start insolvency proceedings from the UK while remaining living in the UK.

 

Any advice from anyone who has done this or knows anything about it is very much appreciated.

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I am not sure you could include a NZ student loan in a bankruptcy outside of NZ.

I would be surprised.

 

Here is a previous thread.

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?289666-New-Zealand-Student-loan-living-in-the-UK

We could do with some help from you.

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I have spoken to someone who is in a similar position and this is what they had to say...

 

 

 

Can't access whole thing but have an idea what this is all about. I'm in similar situation.

 

Why this has come about is that so many kiwis were getting educated and then left NZ to pursue careers overseas and in doing so thought they could avoid repaying student loan whilst overseas. Not all of them thought this way but those smart enough did.

 

It is a huge drain on NZ but it's also a vicious circle as most graduates need to leave NZ to work or get paid what their worth!!

 

The twice payments per year rule ($1k x2 pa) isn't bad, it's not great either. NZ IRD has attempted to make it as easy as possible for people to repay including bank fee free in some cases. Claiming insolvency probably isn't the best way to go.

 

Given most kiwis like to travel, one might ask why it's not possible for anyone to be able to afford the repayments? When you put it in perspective $2k is approx £1100 including transfer fees which is just under £92 per mth.

 

I've heard various rumors including "reciprocal" access to tax records which even under privacy legislation will be permitted if for the purposes of recovering "govt funds". I've also heard that those owing money who have not made any attempts now face the risk of being arrested on arrival back to NZ and also risk having their passports confiscated until monies repaid. All rumors though so not sure if any truth in this?

 

Not sure if that helps?

 

 

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Hi thanks for the reply.

The problem is the interest.

I owe 65000 and have to make payments of £208 a month which is a lot of money when your on a low income

( not all students are over here making loads as the govt like to make out)

 

even if I could make these payments,

they only just cover the interest charged each year so there is absolutely no incentive to get a weekend job and work 7 days a week to meet payments when the loan isnt getting any smaller.

 

What the govt need to do is work out an individual agreement for every student based on their income and amend interest rates to ensure that the loan is manageable.

 

If they are prepared to throw money at young students

(and they do make it very easy)

(and of course all young people want to better themselves if they can)

then they must accept that many wont make it big and wont be able to pay back a loan.

 

I do believe the current situation is unfair and extremist.

I originally left NZ to work to pay off the loan but never got a great job that paid well enough to keep up with the loan.

 

I know you said your in the same boat so would love to hear what you think about this.

I really dont want to go down the road to bankruptcy but cant see another solution right now.

 

What really amazes me though is the lack of understanding of the IRD,

you are treated like some kind of criminal.

 

Even the evil banks are willing to re-negociate mortgage loans if people are struggling but the IRD wont even listen,

they just keep repeating like a mantra "if you cant meet your payments you can be arrested" Arrghhh

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What is the insolvency website, had a look but not sure I have found the right one. I am considering this way too, have been making payments as I can afford but on a low income and cant keep up with payments either, my family live in nz so disappearing is not an option. Def agree with all its such a draconian approach, attempting to make profits from young students and then blaming the students when it all goes belly up!!

 

 

You can absolutely apply for insolvency from outside New Zealand. A friend of mine used this option and is now student loan free.

 

insolvency.govt.nz

Register here. I cannot recommend this option enough for those without sizable assets.

 

Send the NZ government a message.

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Thank you adviceguy111, thats great info I will have a look at the website :-)

No problem.

I still recommend seeking independent advice but if you have no other option it's great for those overseas as the conditions of bankruptcy are mostly not enforceable unless you have stacks of assets the IRD can go after.

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This might be of interest.

 

http://a.ir.smartmailpro.com/webv/ogaa4o0m2

 

 

 

Student loan changes from 1 April 2014

 

Changes to student loan legislation are set to affect all student loan borrowers from 1 April 2014. There are changes around the types of income and adjustments you need to tell us about, and changes to repayment obligations if you’re overseas.

 

We now receive contact details from overseas adult passport applications and renewals from the Department of Internal Affairs, so we can contact overseas-based borrowers who are in arrears. If you’re significantly behind on your repayments, and don’t have a payment arrangement with us, you may be stopped from leaving New Zealand if you come home for a visit

 

 

 

It is from the NZ Inland Revenue (newsletter) , loads of information regarding Student loans.

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Uploading documents to CAG ** Instructions **

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2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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In this situation I can see people giving up their NZ passport and instead applying for British or Australian ( or wherever) Citizenship. Once they become a citizen of another country, NZ cannot stop them at the border related to any student loan issue.

We could do with some help from you.

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  • 4 weeks later...

Hi Donna

Our situations are almost identical in terms of arriving in 2012 & the principal being almost the same.

 

I am heading home soon with my family for a holiday & don't want to risk being stopped on my departure.

 

As I have received no letters,

I have no idea how much I owe.

 

Before I ring IRD I was hoping you could give some indication of the amounts you are expected to pay back & how.

 

I did try to send you a private message but the website would not allow me.

 

It would be great to correspond/chat.

Katie.

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Hi Katie - I've only just seen this now.

 

As of the 1st April 2014,

the IRD have raised the minimum overseas repayment from $3000 to $5000.

They are asking for it to be paid as 2 payments of $2500 at the end of March and April

- this will start in 2015.

 

I have penalty arrears of $16018.00, and I have set up a repayment plan to repay these.

I have agreed to repay $390 a month until August 2017 ( the maximum length they were able to agree to).

 

The $5000 and any extra repayments I make would come off the principal.

So, with the monthly repayment plan and budgeting for the minimum overseas repayment,

I'm looking at $806/ £403 a month.

 

It's a lot but thankfully,

I don't have any other debt so I can afford it, but only just!

 

If the NZ government raises the minimum payment again and the NZ dollar becomes stronger against the pound, then it'll become difficult.

 

I did ask about what would happen if I struggled making payments in the future,

and was told that you could go down the financial hardship route,

where you would have to provide evidence of your finances, living costs etc

, and they may consider reducing or wiping out any loan arrears.

 

Payments can be made through a uk online transfer company called Orbit Remit (recommended by the IRD).

They never charge for payments made to the IRD,

regardless of the amount of the transfer.

They also appear to have competitive exchange rates,

and it's a straight forward process.

 

The IRD were helpful when I contacted them and did explain things clearly.

However, I'm not sure how friendly they would have been had I not been in a position to agree to their proposed repayment plan.

 

I had the payment plan in place before traveling back to NZ but hadn't made any payments as they were not due to begin until after I returned to the UK.

I was told by the IRD that because I had a plan in place, that I would not encounter any issues entering or leaving NZ, and I didn't.

 

Hope this has helped, please feel free to ask any questions

 

I should point out that the $5000 minimum overseas repayment is for those with a loan debt of more than $60,000

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  • 3 months later...
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