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    • 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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    • deed?  you mean consent order you and her signed? concluding the case as long as you nor she break it's conditions signed upto? dx  
    • Well tbh that’s good news and something she can find out for herself.  She has no intention of peace.  I’m going to ask the thread stays open a little longer.   It seems she had not learned that I am just not the one!!!!  plus I have received new medical info from my vet today.   To remain within agreement, I need to generally ask for advice re:  If new medical information for the pup became apparent now - post agreement signing, that added proof a second genetic disease (tested for in those initial tests in the first case but relayed incorrectly to me then ), does it give me grounds for asking a court to unseal the deed so I can pursue this new info….. if she persists in being a pain ? If generally speaking, a first case was a cardiac issue that can be argued as both genetic and congenital until a genetic test is done and then a second absolute genetic only disease was then discovered, is that deemed a new case or grounds for unsealing? Make sense ?   This disease is only ever genetic!!!!   Rather more damning and indisputable proof of genetic disease breeding with no screening yk prevent.   The vet report showing this was uploaded in the original N1 pack.   Somehow rekeyed as normal when I was called with the results.   A vet visit today shows they were not normal and every symptom he has had reported in all reports uploaded from day one are related to the disease. 
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      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.

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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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N Power- Debt collectors getting involved over money we do not owe!!


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Hi there,

 

I'm not entirely sure if anyone else has had a similar experience, but I'm having some problems with N Power that I would appreciate some advice on. It's a long story, so bear with me...

 

Myself and my two flatmates moved into our home in September this year. We were originally with N Power, but chose to switch to British Gas. All of this went OK, until N Power sent us a bill asking for an amount of money left over from the previous tenants, who have helpfully disappeared without a trace.

 

We have explained that we didn't live here until September (the amount they think we owe dates from July), we have tried sending them our tenancy contract but that hasn't done any good, and we have tried getting our Estate Agent involved but they're proving to be useless.

 

We finally managed to convince N Power that we did not owe the £150 they believed we did, and they told us they would be freezing our account and working out a new sum for us, only including money we legitimately owe. We are still waiting. Meanwhile, we have received several letters from 2 different debt collectors - Collections Direct and Buchanan, Clark and Wells.

 

Well, when we received these we were very angry, because we were led to believe that we were being dealt with by N Power, so we called them up and we were told that our account had unfrozen. We were explicitly told to 'ignore' the letters, and that our account would be re-frozen. Naturally, we logged an official complaint with N Power.

 

We have ignored the letters, but last night we recieved a phonecall from BCW asking for the first surname on our bill (we have all 3 of our surnames on record). The flatmate they asked for is on holiday right now, but it was still disturbing as we had been told we would not hear any more from the debt collectors.

 

As a result of all this, myself and my remaining flatmate are worried and frankly quite scared that we will be visited by bailiffs, despite being told otherwise by N Power. Does anyone have any suggestions for what to do about this? Do we try and reason with the collectors? What is likely to happen if the debt collectors do not let up?

Edited by clockwork_monkey
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You need to write a formal complain to NPower and

the DCAs stating the facts with proof of your date

of occupation of the flat.

Please be assured bailiffs will not be calling, there is

a whole process that has to be met before this can

even be thought of.

1. They would need strict proof that you lived at the address

during the period they are claiming for.

2. They would need to raise a claim in the county court, unlikely

for that amount of money.

3. You would of course enter a defence to the claim (yours is water tight anyway)

4. They would have to win the case (no chance)

5. If they did win you would have to fail to meet any order for

payment made by the court.

6. They would have to apply or a warrant from a judge

to enforce the judgement.

ALL of which is very unlikely if not impossible.

Lastly you three tenant should check you credit

reference files to be sure nothing has been entered

on them regarding this matter.

 

The formal complaint is regarding the passing

of a disputed debt to DCAs and passing on you

data to a 3rd party when you have prove you

have no liability.

Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

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Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

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Ok just remember debt collection agencies are NOT

bailiffs they have NO legal powers apart from making

meaningless threats.

Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

Please Consider making a donation to keep this site running!

Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

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