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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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      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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    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
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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.

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      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      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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GE Money seeking repossession - **WON 3 Times NOW**


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Yes we will have arrears of 1 months cmi. We are disputing charges on the account and trying to reclaim ppi, which was sold through a broker who has ceased trading. GE are being very difficult, in providing us with information about it, such as which insurance company they paid the £5582 to.

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Have you got documentation of your PPI and charges claims and what's happening with them at the moment, including spreadsheets showing the amount?.

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Hi Caro,

 

I have copies of the letters we have sent. I dont have a spreadsheet with the amounts

 

Take the letters to court with you and any responses you have had. I hope you've mentioned these in your N244 statement. ;)

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Should you be offered help that requires payment please report it to site team.

Advice & opinions given by Caro 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.

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Hi there, your statement looks fine - remember to label your attachments with the correct Appendix nos. Also, you need to take a copy of it all before handing in to court so you have a set to refer to in the hearing. The £45 fee for the application will have to be in cash. When you hand in the form ask the court staff if there are any duty legal advisers at court on the day of your hearing.

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Ok. Letter sent to GE today by special delivery with the offer of clearing the arrears to leave just the cmi which becomes due on the 28th and proposals to clear that, plus an income/expenditure sheet.

 

I have had a few issues today and it doesnt look like I will get in to court with the N244 until first thing in the morning

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the hearing is set for Wednesday morning.

 

At the time of the hearing the arrears will be £907. That is £100 + 1 x cmi.

 

Although, we dispute the arrears are as high as that as part of our £29 each month of our cmi is for paying off the charges.

 

All of these £29 would have probably cleared the arrears or certainly reduced them.

 

We have sent a budget sheet to GE and an offer to pay cmi + £200, which will clear the arrears in less than 5 months.

so far, they have rejected this.

 

The house is worth £280k, and the outstanding mortgage is £135k.

 

We also have outstanding disputes about the chargese and the ppi on the account.

 

We just cant help worrying as this is the third eviction hearing and the last one was only in September.

 

We have reduced the arrears by half since then, plus it is a repayment mortgage,

so have also reduced the outstanding balance, although the payments have been erratic.

 

We are in a better position now and confident we can clear the arrears in the 5 months proposed.

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Take any proof of payment you have made along to the hearing (3 copies)

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I think GE will struggle to justify refusing your payment proposals unless it appears unrealistic.

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

Advice & opinions given by Caro 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.

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It is not unrealistic but I guess they will argue that we havent stuck to the previous arrangements

 

But your arrears have gone down. Had they increased in that time I'd be worried, but they haven't. ;)

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

Advice & opinions given by Caro 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.

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The biggest problem you have is that the last hearing was in September and you then missed a payment in November and again in January therefore the arrears actually increased since that hearing. Make sure you stress the reason for missing these payments was unavoidable. The fact that you have paid a lump sum before this hearing will of course be in your favour.

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Hi Ell-enn,

 

Thanks for your help. The reason for the missed payments in November and January, was a temporary separation between myself and my wife.

 

If the hearing starts to go against us, are there other options we can ask for, such as being given time to sell the house ourselves etc. There is enough equity in the house to buy a smaller house outright with no mortgage

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This may not matter but was thinking about the last hearing. GE didn't turn up, they just sent a fax saying they accepted our proposals, so there was no need for the hearing to go ahead and the court didn't make an order. Am I right?

Just so worried, it would be a shame to loose the house for just £907 arrears.

If the hearing starts to go against us, can we ask for more time to find the £907 or sell the house? Just trying to be aware of all the options before tomorrow

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did you receive any paperwork from the court after that hearing?

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Hi Ell-enn,

 

No, I just went in to see the judge with the Duty Solicitor. The judge could not understand why GE were not there, then he found the fax, saying they accepted our proposal and asked if that was acceptable to us.

 

i do remember thinking at the time that we had not received anything from the court afterwards

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Hi Ell-enn,

 

No, I just went in to see the judge with the Duty Solicitor. The judge could not understand why GE were not there, then he found the fax, saying they accepted our proposal and asked if that was acceptable to us.

 

i do remember thinking at the time that we had not received anything from the court afterwards

 

You should be able to find out who the duty solicitor on the day you are in court is (they get listed a month in advance apparently - P Call List I think it is called). I would advise that you call them up and speak to them in advance as well :)

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So if we never received any paperwork from the court after the last hearing and GE had sent a fax before the the hearing accepting our proposals. Does this mean there that there wasn't an order after the last hearing in September?

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Sounds like there wasn't actually a hearing from what you say. :)

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Should you be offered help that requires payment please report it to site team.

Advice & opinions given by Caro 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.

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