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    • Hi welcome to the Forum.  If a PCN is sent out late ie after the 12th day of the alleged offence, the charge cannot then be transferred from the driver to the keeper.T he PCN is deemed to have arrived two days after dispatch so in your case, unless you can prove that Nexus sent the PCN several days after they claim you have very little chance of winning that argument. All is not lost since the majority of PCNs sent out are very poorly worded so that yet again the keeper is not liable to pay the charge, only the driver is now liable. If you post up the PCN, front and back we will be able to confirm whether it is compliant or not. Even if it is ok, there are lots of other reasons why it is not necessary to pay those rogues. 
    • Hi 1 Date of the infringement  arr 28/03/24 21:00, dep 29/03/24 01.27 2 Date on the NTK  08/04/2024 (Date of Issue) 3 Date received Monday 15/04/24 4 Does the NTK mention schedule 4 of The Protections of Freedoms Act 2012?  Yes 5 Is there any photographic evidence of the event? Yes 6 Have you appealed? [Y/N?] post up your appeal] No  7 Who is the parking company? GroupNexus 8. Where exactly [carpark name and town] Petrol Station Roadchef Tibshelf South DE55 5T 'operating in accordance with the BPA's Code of Practice' I received a Parking Charge letter to keeper on Monday 15/04/24, the 17th day after the alleged incident. My understanding is that this is outside the window for notifying. The issue date was 08/04/2024 which should have been in good time for it to have arrived within the notice period but in fact it actually arrived at lunchtime on the 15th. Do I have to prove when it arrived  (and if so how can I do that?) or is the onus on them to prove it was delivered in time? All I can find is that delivery is assumed to be on the second working day after issue which would have been Weds 10//04/24 but it was actually delivered 5 days later than that (thank you Royal Mail!). My husband was present when it arrived - is a family member witness considered sufficient proof?
    • lookinforinfo - many thanks for your reply. It would be very interesting to get the letter of discontinuance. The court receptionist said that the county court was in Gloucester 'today' so that makes me think that some days it is in Gloucester and some days its in Cheltenham, it was maybe changed by the courts and i was never informed, who knows if DCBL were or not. My costs were a gallon of petrol and £3.40 for parking. I certainly don't want to end up in court again that's for sure but never say never lol. Its utterly disgusting the way these crooks can legally treat motorists but that's the uk for you. I'm originally from Scotland so it's good that they are not enforceable there but they certainly still try to get money out of you. I have to admit i have lost count of the pcn's i have received in the last 2 yr and 4 months since coming to England for work, most of them stop bothering you on their own eventually, it was just this one that they took it all the way. Like i mentioned in my WS the the likes of Aldi and other companies can get them cancelled but Mcdonalds refused to help me despite me being a very good customer.   brassednecked - many thanks   honeybee - many thanks   nicky boy - many thanks    
    • Huh? This is nothing about paying just for what I use - I currently prefer the averaged monthly payment - else i wouldn't be in credit month after month - which I am comfortable with - else I wold simply request a part refund - which I  would have done if they hadn't reduced my monthly dd after the complaint I raised (handled slowly and rather badly) highlighted the errors in their systems (one of which they do seem to have fixed) Are you not aware DD is always potentially variable? ah well, look it up - but my deal is a supposed to average the payments over a year, and i dont expect them to change payments (up or down) without my informed agreement ESPECIALLY when I'm in credit over winter.   You are happy with your smart meter - jolly for you I dont want one, dont have to have one  - so wont   I have a box that tells me my electricity usage - was free donkeys years ago and shows me everything I need to know just like a smart meter but doesnt need a smart meter,  and i can manually set my charges - so as a side effect - would show me if the charges from the supplier were mismatched. Doesn't tell me if the meters actually calibrated correctly - but neither does your smart meter. That all relies on a label and the competence of the testers - and the competence of any remote fiddling with the settings. You seem happy with that - thats fine. I'm not.    
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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.

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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Ccbc aktiv kapital/judge & priestly


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That is an excellent defence statement. Thank you very much. Just one concern. During the harrasment period i did offer Aktiv Kapital a settlement figure which they rejected on more than one occasion. Will this casue any problems ?

 

Can you please post up your settlement offer(s), word for word minus all personal details, such offers to settle ought not to cause you any problems, but, I need the full details of the same before I can comment/advise as to your position in this matter in the light of said settlement offers.

 

Come back on the above as soon as you can - roger, over.

 

Kind regards

 

The Mould

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Can you please post up your settlement offer(s), word for word minus all personal details, such offers to settle ought not to cause you any problems, but, I need the full details of the same before I can comment/advise as to your position in this matter in the light of said settlement offers.

 

Come back on the above as soon as you can - roger, over.

 

Kind regards

 

The Mould

 

Remember, the brief Defence that I drafted for you at short notice, is a holding Defence and you must now undertake the research involved and set out the case law in your witness statement and skeleton argument if this matter should proceed to trial. Do not sit back and relax just yet, do your homework on s.61 CCA 1974, ect. ect.

 

Kind regards

 

The Mould

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  • 2 months later...

Hi Everyone

 

I have received correspondence from the court (CCBC) that the case is now a defended claim and will be heard at my local court.

 

However the court has asked if I want to proceed to mediation prior to court action. The claimant has already said yes to this. I have also said yes.

 

How should I approach the mediation process. As a note the claimant has not provided any of the documentation that I had requested.

 

any desperate for help.

 

Thanks

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  • 1 month later...

Hi Everyone and Mould,I just today recieved correspondence from the local county court. The case has been allocated to a small claims track.I have previous;ly recieved correspondence from the court asking if i wished to go for mediation to which i have agreed though have not heard anything from the mediation team.I have until 26th March submit any documents that i will rely on in court.The claimant has also sent me whole of of documents:1. Copy of credit agreement2. Copies of credit card statementsCopies of correspondecne between aktiv capital and myself4. notice of default5. Notice of assignment.Aktiv capital have not however sent me the breakdown of all contact they have had with me (phone convos etc).What do you advise me to do now.

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  • 3 weeks later...

Hi People, I have 2 weeks in which to finalise by defence to this case. I cant get help anywhere else. Despite my offers to settle the debt the claimant wants to take me court. What can i do to persuade them to accept my offer. MBNA and aktiv kapitla had at one point offered me a figure of £3200 to settle. I have offered them £2500 even though this is still difficult for me. They wont accept it. So far they have sent me the following documentation.: 1. Copy of credit agreement 2. Copies of credit card statements 3. Copies of correspondecne between aktiv capital and myself 4. notice of default 5. Notice of assignment. Please help im desperate and dont really want to go to court and have an attachement of earnings charge etc.

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  • 4 weeks later...

Hi Guys really need help.

 

I post about my problem previously but the responses stopped.

 

Summary is below:

 

MBNA CCA 2005

Paid monthly amounts till April 2012

couldnt pay thereafter total amount was £6938

MBNA offered 3300 to settle but i didnt have the money

Aktiv kapital claim to have bought the debt.

They also offered 3300 to settle but i only had 2500 but they refused to negotiate.

They are now taking me to court.

 

I have submitted a defence the the Mould helped me prepare.

 

They have sent me some docs:

 

default notice

CCA

statements

Notice of assignment(this is letter from AK and not from MBNA)

 

I own my own home and am employed.

 

What can i do?

 

I spoke to a solicitor who said the judge is likely to side with AK and cant force AK to accept a lower offer.

 

I fear that they will put a charge on my house.

 

Please help

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Was the CCA compliant? They would need the original CCA plus all terms and conditions at inception, any changes, and at termination. Not to mention the full agreement.

 

You can show your finances to the court and ask them to make an order for a repayment plan based on your finances. The charge MIGHT get added as security, but as long as you keep up to date with repayments, then the charge will be removed when the debt is paid off.

 

Alsom, you need to be questioning why they have offered to settle for half the owed amount. It might simply be nothing at all, but a lot of the time with AK, it's because they dont hold the right paperwork, or the debt is full of charges, and they want you to pay before you realise it.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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Scan it, edit out personal info and post it up in PDF format. If its unreadable, then its not compliant.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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You need to convert it to PDF and upload it.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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Is that all you recieved? If so, then it is not a compliant CCA and as such they couldnt enforce it in court, hence the massive discount. They could still get the CCJ against you, but they couldnt enforce it. Of course, its all down to the judge at the end of day, but theres little chance it would be enforced and AK know this. Also, this solicitor you went to, really needs retraining.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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I think you need some specific help here. They shouldnt be able to enforce this debt as there is no compliant CCA. They are hoping you dont know this and are pushing their luck by taking it to court. I bet they even try and say they offered you a discount so its fairer to you. That is misleading the court.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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Sit tight and someone will help you with that.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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Threads merged ...please do not start new threads on the matter.

 

Regards

 

Andy

We could do with some help from you.

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If you dont get responses and it drops down the forum just bump your post and it will bring it back to the top.

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

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Its not valid because you cant even read it....illegible is all you need to state.

 

Andy

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

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