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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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SIL had CCJ given on photo copy of a agreement, can anything be done


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Hi

 

My sister inlaw was taken to court by a dca that had bought her debt.

 

The only evidence the dca had was a photo copy of a agreement which had what looked like her signature on it,

and the fact that she had paid some payments on the loan.

 

Also the dca witness statment stated there must be a original somewhere but did not produce one.

 

Her defence in brief was she never sign any agreement which she did not.

 

the amount on the agreement was not correct as the loan she had was for 4 or 4,500 pounds,

the amount on the agreement was for £6,432.21p.

(this was the actual amount of loan before any chargers or interest) strange amount for a loan.

 

The judge seem to have been one sided and was putting all the pressure on her to prove her case

where he should have been making the dca prove their case.

 

The judge also took note that she say she did not sign the agreement and if she did,t then that would mean a fraud had taken place

and did she want to say that this was a fraud as this would then involved the police

and could have serious consequences for her.

 

This got her worried and she backed off from saying it must be fraud,

as she know it must have been as she did not sign it also the original lender

told her by phone thet there was no original agreement.

 

Thats it in a nutshell, the judge also refuse her to appeal. Its now over 8 weeks

and not sure if she can do anything about it now.

 

May be report it to the police.

Any thoughts,

E.

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there is a time limit I believe where you can appeal and I believe there is a chunky fee too.

 

What documentation do you have with regard to the original borrowing? Do you have any statements of account? Have charges been applied? How old is the account - ie is there PPI etc?

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Hi Kurvaface

 

It has no ppi but

as for charges not sure,

the loan was taken out in 2004,

 

There is very little documents.

 

Also the amount for the loan is also the same amount on a HP agreement she had with them 5 years prior to this loan,

which was all paid off,

so it seems thats where the figures may have come from,

but the judge seem to not take note of that,

even when she produced the old HP agreement.

 

E.

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During the claim, what documents were provided to you. Under disclosure rules, I believe that you should have seen all the documents used by the other side to support their claim? Perhaps you should do a DATA subject access request to the original creditor to get on your lap all the history of the account. There is no point speculating on what might exist without doing this.

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They did not have alot of documents only copy of agreement,

there was a DN and allow for 2nd class post not time to remedy,

but this was not put in defence as she had not sign a agreement,

 

She did SAR the original lender before the debt was sold

and no agreement was sent,

 

would it be a good idea to request confirmation of the original agreement under cputr 2008

ie try and get it in writing that there was never an original agreement signed.

e.

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judgement was 8 weeks ago,

 

we have had all the documents that the original lender had,

 

except the agreement which they confirmed on the phone that they do not have one,

 

not sure what other documents we could asked for,

 

or even if its to late to do anything now.

e

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judgement was 8 weeks ago, we have had all the documents that the original lender had, excepet the agreement which they confirmed on the phone that they do not have one, not sure what other documents we could asked for, or even if its to late to do anything now.

e

 

 

But you say in your first post you had a photocopy of the signed agreement...

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The original lender should have some documentation on her loan however once they sold it, it probably got archived and shipped off to a warehouse somewhere or digitised and put in to a network storage facility.

 

The point is that they won't have it to hand as they are not responsible anymore for her but the DCA is.

 

The DCA is entitled to use the photocopy agreement and it is up to the judge to admit it and accept it as fact or not as the case maybe.

 

He refused permission of appeal at the hearing thus she has to go straight to the appeal court BUT seeing that it has been 8 weeks, the chances of the appeal being granted is unlikely as the time limit is 21 days unless permission to extend it is applied for.

 

You can still try but I wouldn't in those circumstances.

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