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    • Today has been hectic so  have been unable to complete the whole thing. If you now understand it and want to go ahead with a complaint to the IPC, fine. If not then I won't need to finish it. But below is my response to your request  on post 64. No you don't seem stupid, the Protection of Freedoms Act isn't easy to get one 's head around at first. The part of the above Act referring to private parking is contained within Schedule 4 which you can find online under the Protection of Freedoms Act 2012. Section 9 of SCH.4 relates to how the parking scrotes have to perform so that they can transfer their right to pursue the keeper from the driver when the PCN is still unpaid after a certain amount of time. In your case the PCN was posted to you the keeper and arrived within 14 days from when they claimed a breach occurred. That means they complied with first part of the Act. The driver at that time was still responsible to pay the charge demanded on the PCN and PCM now have to wait for 28 days to elapse before they can write and advise the keeper that as the charge has not been paid, that they now have the right to pursue the keeper. They claim they sent the first PCN on the 13th March, five days after the alleged breach and it arrived on Friday 15th March. So to comply with the Act they have to observe Section 8 subsection 2f   (f)warn the keeper that if, after the period of 28 days beginning with the day after that on which the notice is given— (i)the amount of the unpaid parking charges specified under paragraph (d) has not been paid in full, and (ii)the creditor does not know both the name of the driver and a current address for service for the driver, the creditor will (if all the applicable conditions under this Schedule are met) have the right to recover from the keeper so much of that amount as remains unpaid. ---------------------------------------------------------------------------------------------------------------------------------------------So the first PCN was deemed to arrive on the 15th March and for 28 days to have elapsed is when the time is right for them to write and say you are now liable as keeper. So they sent the next PCN on the 12th April which is too early as you could still have paid until midnight of the 12th. So the earliest their second PCN should have gone to you was  Saturday 13th April so more likely on Monday 15th April. The IPC Code of Conduct states "Operators must be aware of their legal obligations and implement the relevant legislation and guidance when operating their businesses." So by issuing your demand a day early, they have broken the Act, the IPC Code of Conduct, the DVLA agreement  to abide by the law and the Code of Conduct not to mention a possible breach of your GDPR .   I asked the IPC  in the letter on an earlier to confirm that  CPMs Notice misrepresenting the law was a standard practice for all of PCMs Notices or just certain ones. Their distribution  may depend on when they were issued and whether they were issued in certain localities or for certain breaches. Whichever method used is a serious breach of the Law and could lead to PCM being black listed by the DVLA . One would expect that after that even if the IPC did not cancel your ticket, PCM could not risk going to Court with you nor even pursuing you any further.
    • thanks jk2054 - do you know any law i can quote (regarding timeframe) when sending the email as if i cant they'll probably just say no like the normal staff have done? thanks.
    • I lived there with her up until I gave notice. She took over the tenancy in her name. I had a letter from the council and a refund of the council tax for 1 month.    She took on the bills and tenancy and only paid the rent. No utility bills or council tax were paid once she took it over. She will continue to not pay bills in her new house which I'm now having to pay or will have to. I have looked online I believe the police and solicitors are going by the partner law to make me liable.   I have always paid my bills and ensured her half was paid then see how much free money is over.   She spends all her money on payday loans and rubbish then panics about the rent. I usually end up paying it or having to get her a loan.   Stupidly in my name but at the time it was because she was my partner. I even paid to move her and clean and decorate her old house so she got the deposit back. It cost me £3000 due to the mess she always leaves behind.
    • Paula Venomous refused to resign for 16 months and eventually did only because a doctor threatened to resign. Interesting snippets and insights in the article. Paula Vennells clung on to ‘plum’ NHS role after Horizon scandal ARCHIVE.PH archived 19 May 2024 21:49:07 UTC  
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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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Lending Stream and Sunny Problems


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Hi

 

I am in need of a little advice. I currently have 3 loans with Lending Stream and 3 loans with Sunny and unfortunately am unable to make the full payments. I have contacted them with regards a repayment plan.

 

I want to know if I will get into trouble as I unfortunately lied on my applications. I stated that I was self employed earning £1900 per month when in fact I am unemployed. I know I should not have done this but I am/ was an alcoholic and gambling addict. I have now stopped my gambling and am still working on the alcoholism. I am just worried they could take legal action if they find out.

 

I also read on here that it is irresponsible lending to give me 3 loans at the same time. I have also been constantly paying off and taking out new loans with both of them due to gambling (winning/losing). Should I be looking into this or should I just keep quiet and accept a repayment plan so that they don't realise that I lied on the application.

 

Sunny have asked me to fill in an income and expenditure form and have froze my account for 30 days (this was 2 weeks ago) and Lending Stream have also sent me an income and expenditure form but they are also asking for Proof of JSA/ Termination of Emplyment which is what worries me. Lending Stream are still adding interest at this time.

Thanks in advance for your help.

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You wont get into trouble as such, but they should have done better checks. Giving you that loan proves very clearly that no checks were performed at all.

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

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Yes, you should be honest with them. I agree with the imp, their checks were obviously not sufficiently thorough, even if you did mislead them.

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Thanks for the replies.

 

Just to be sure. Should I be asking Lending Stream and Sunny to write off the loans due to irresponsible lending?

 

I just don't want to do anything that will get me into legal trouble. I know that technicallly we are both in the wrong, but I want to be sure before I make my next move.

 

Thanks again.

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This is really a tough one. Normally I would suggest go for the throat but its hard considering what you have done... But I can understand the vices are difficult to shift :)

I would admit, but also say that should they have done proper checks, then they would have noticed you werent employed...

 

However, how did you pass their work checks?

 

We could do with some help from you.

 

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This is really a tough one. Normally I would suggest go for the throat but its hard considering what you have done... But I can understand the vices are difficult to shift :)

I would admit, but also say that should they have done proper checks, then they would have noticed you werent employed...

 

However, how did you pass their work checks?

 

Thanks for the reply.

 

I put that I was self employed and earning £1900 per month on the online application. Both Sunny and Lending Stream accepted this without any checks whatsoever. They did not ask for bank statements or any other proof of income. I assume they did a credit check which considering I have a very bad credit rating I am suprised I passed.

 

Thanks again

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Well then , they should have checked statements etc..You have some weight here...

 

Thanks

 

So you would go for the throat and try to get them to write off the loans?

 

If so any idea how I should word an email/letter?

 

Thanks for all your help. It's much appreciated

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Hi

 

Thanks for all your help so far.

 

I am still a bit unsure as to what the best move for me is.

 

I have had differing advice so far. On here you suggest I go for the throat and try to get my loans written off. Where as on another well known forum (not sure if i'm allowed to post their name) they have reccomended that I do not let them know I lied on the application and that I should look to either arrange a repayment plan ot just not pay them.

 

I really don't know what to do now.

 

Thanks again for all your help so far.

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Hi

 

Thanks for all your help so far.

 

I am still a bit unsure as to what the best move for me is.

 

I have had differing advice so far. On here you suggest I go for the throat and try to get my loans written off. Where as on another well known forum (not sure if i'm allowed to post their name) they have reccomended that I do not let them know I lied on the application and that I should look to either arrange a repayment plan ot just not pay them.

 

I really don't know what to do now.

 

Thanks again for all your help so far.

 

Sorry for extra post, but I also wanted to add that I have been advised that if I teel the truth then I could be opening myself up to a possible legal claim and also possible reporting to the Police for a criminal offence and I really don't want that to happen.

 

Thanks again

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You wont be reported to the police. Who told you that rubbish?

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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Which forum.

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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