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    • 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.  
    • This is simply a scam site.  It's been shown to be a scam in the national press and on national TV. Please fill in the the forum sticky and upload the invoice you've received. In fact what you have is an invoice, not a fine, a private company doesn't have the power to issue fines.  
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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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      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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HL interactive/Santander **SUSPENDED**


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We have recieved a letter today stating 'We write with reference to the direct debit that is set up on the account.

Please note that the current direct debit is not collecting interest on the arrears,which is included in the contractual monthly instalment.If you do not contact our offices wihin seven days from the date of this leter we will request Santander to increase the direct debit to collect the correct amount to prevent the arrears increasing.

 

When I was in court this was never mentioned , all that was spoken about was the contractual monthly payment plus £100 per month to be paid off the arrears. If I had been told in plain English that the monthly figure was going to be plus the interest on the arrears (which equates to approx £60 more per month) I would have reduced the offer from £100 to around£50 so I could pay the £100 including any interest.

I have called the solicitor and the robot said that it's all in the terms and condition's ie small print.

I feel that this is now never going to end. They have said if we don't increse it to include the arrears we will be in breach of the court order. Maybe it is in the pack somewhere but why was this not explained to us earlier.Why have they let us pay a figure plus £100 for the arrears and the tell us we are wrong ?

Any help would be appreciated.

Stuart

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Hi there, got your PM re the above. You are not in breach of the court order - the court ordered you to pay £100 per month and that is what you are doing. Tell them that if they insist on increasing the payment you will apply for a hearing to have the payments lowered. Alternatively, you could keep making the payments as you have done and see if they have the balls to take it back to court - I don't think so somehow as you are adhering to what the court ordered !

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hanks Ellenn,

Just spoken to The solicitor again. Funny how it can make such a huge difference who you speak to..first was a robot and this lady empathised and knew exactly what I was talking about. I did explain the situation and she said the best bet is to go back to the court and have a word with the advisor there to explain. She said it is quite common for this to happen and I said well why don't you make it clearer then ratehr than putting more stress in to the pot.

She said that if we go back to court and explain they will accept the reduced payment of£50 and can pretty much guarantee that they will capitalise the arrears after 6 months.

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I don't suppose she said she'd put that in writing ?

Help us to keep on helping

Please consider making a donation, however small, if you have benefited from advice on the forums

 

 

This site is run solely on donations

 

My advice is based on my opinion and experience only. It is not to be taken as legal advice - if you are unsure you should seek professional help.

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