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    • You were asked for the particulars of claim, which I can’t yet see.    Posting your defence (without the particulars of claim) isn’t that helpful : the aim is to tailor the defence to the PofC, highlighting which areas aren’t in dispute (so the court doesn’t have to waste time on them, and can focus on the key areas), and which areas you can (as a matter of critical importance) show where the claim fails on matters of law.   ideally their PofC would be numbered, and you could go through line by line....   <\example> 1a) It is admitted a loan of £x,000 was granted on <date> 1b) It is denied the loan was made to Person X. The Claimant is mistaken, as in fact, the loan was made to Company Y. 2a) It is admitted in part that payments were made. To clarify, payments ceased on <date>. The claimant’s belief that payments were made after <date> is denied. 2b) Given more than 6 years have elapsed (with no payments nor admission of debt) ... <Staute barred text> (Points 3-7, more “denied”, “accepted”, “accepted in part, with bits denied”, and also “neither accepted nor denied, but claimant is put to strict proof thereof”) it might not be point 7, but you get the gist ..... In the alternate: (again, may not be point 8 but numbered sequentially and logically) 8a) It is admitted a note was signed by Person Z on <date> 8b) This note was not executed as a deed, and no consideration was received in exchange for it, thus no enforceable contract can be formed by it. 8c) Thus the claimant’s action in contract is fatally flawed, and bound to fail in the absence of an enforceable contract. 9) The Claimant's claim to be entitled to payment of £[insert figure from their  POC]  or any other sum, or relief of any kind is denied. <\end example>     The aim is to make it simple enough for a child to follow..... a) it impresses the court, b) it focuses on the key issues at law, and key matters in dispute. (The court can then decide who they believe to formulate what they believe happened, and apply their interpretation of the law to that to reach their decision!)   Both of these are adding to your credibility and making it easier for the court to see the legal basis for your defence, and c) when faced with this the claimant may see sense and withdraw (although, after so long ... I somehow doubt it!)      
    • Thank you I have already started that process the universal credit housing costs won’t even cover half the rent and as you know this process takes a long time.   I am also pretty sure my landlords have a UK mortgage as they used to live in the house we now rent from them if this is the case would they be entitled to the same rights even though they are based over seas now?    
    • Hi, thanks again for your help. I'm a courier; the insurance companies always stuff us.   Thanks again for everyone's help, I'll keep the post updated.
    • This thread is dancing around a bit – and frankly so are you. The question as to whether or not it is worth bringing an action for £40 is completely up to you. You still haven't told us who the business is and I suppose that you are trying to protect them.  Very noble. Bravo You have absolutely the right to recover your £40. If you are dealing with a business then it is the legal responsibility of the business to get the delivery to you. Even if the item has been delivered to the wrong address, it is still up to the business to take responsibility. As I understand it, you have been trying to contact the business and there has been no response. I must say that simply this element of your transaction – the lack of engagement by the seller – the would make me want to hold him to account. If the seller started to engage in a reasonable dialogue with me and also appeared to take some responsibility such as checking up on the courier himself, I might feel less disposed to bring an action for £40 – particularly in the light of the current crisis when I'm quite sure that things will be more difficult and take much longer time. We all know that transactions go wrong and for me the test of a good business is their response when they do go wrong. Simply to fail to contact the customer in response to enquiries or to show any further interest I think is a real abrogation of responsibility. It is not at all consumer-facing and it is businesses with this kind of mentality that need to be brought to book.   However you have a fundamental problem – and it is that you don't know where your proposed defendant is. You don't know his residential address. You don't know his business address. You don't know where his assets are. Without this, your chances of enforcing a judgement are zero – and in fact despite the fact that you have the right to bring the claim, a claim must be directed to a proper postal address and you don't have the information so it will be impossible to issue the claim. You can certainly send your letter of claim by email – but what's the point? You won't be able to follow it up with the claim. If the seller has managed to transact business with you without disclosing any clue as to his whereabouts – and if he also fails to respond to any of your messages, then you are being mocked. You say that you are irritated. Doesn't this irritate your sense of principle even more? This is another reason why you should stop protecting the seller and let us know who it is. You may well find that somebody else will visit this thread and provide some useful information which will help to move you forward. You should also give us the name of the different company which appears on your credit card statement to have been the recipient of the money. This could be another way of tracking him down.
    • So claim Universal Credit, which can include private housing rent up the Local Housing Allowance limit.   Foreign landlords may have mortgage loans through offshore Banking arrangements, so not the same as UK residential mortgage.
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fine abroad in Hungary EPC euro parking /Contractum Collections sent me fine

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I was driving in Hungary last summer and paid to drive on the motorway like i did the year before,

 

i then received a letter from Euro Carparks EPC stating that i had been fine £54

but it was not clear what it was for

 

 

t hey sent me picture photos,

I tried to telephone them put after several attempts gave up because no one answered

 

i email them and they took a couple for weeks to reply

they said I had not paid the correct toll for my vehicle,

 

I paid the fine and then received a letter stating that it had gone up to £185.

 

because i had paid the fine i ignored

 

one month late I get another letter stating that I had paid no fine

 

and owed £185 and that it had to be paid by the 28th March,

 

I emailed them and sent a recorded letter as advised to do by CAB.

 

and again I waited a week until I received an email stating that I now owe £127.

 

and I quote on this email it said

 

''Please note that any further communication which does not contain new pertinent information

or evidence will not be entertained or replied to.

 

Where do I stand do I pay it and put it down to experience or where do I stand if i don't pay it.

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Hi, I have moved your thread to the correct forum, where I am sure there will be someone who can help you.

 

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I live in another EU country and as far as I know there is no mechanism in place to make the keeper of a British-registered car, for example, pay a fine for driving in Hungary, for example, once you've left Hungary.

 

At least I've always operated on that basis.

 

I don't want to be rude, but given you had paid for the motorway, why did you pay the fine?

 

Is the car a British-registered vehicle? Are you British yourself?

 

And how did they get your address? Last time I paid for the motorway in Hungary I simply stated my registration number, nothing else.

 

I'm not an expert on this forum but I have some experience, albeit some time ago, of similar problems to yours.


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I think you will find it is not a FINE

and nowhere do theyuse thay word?

its a motorway toll levied by a private company

 

but even if it is a 'fine'

there is nowt they can do to you .

ignore

 

just been away to read their website

so these are 'offences' and they I think rather cleverly use the words penalty and fines

but if you read the small print carefully

 

it says that even if it were legally enforceable & judged against in the country it was 'committed' in

it doesn't mean its legally enforceable in another until it has been judged their!

very clever wording

 

https://cse.google.co.uk/cse?cx=partner-pub-0964707606882478:652l7hswbgv&ie=UTF-8&q=EPC+euro+parking+company+&sa=Search+CAG#gsc.tab=0&gsc.q=EPC%20euro%20parking%20company&gsc.page=1

 

I see we've dealt with them before too

its a company [private] that 'buys' fines/penalties

or more importantly

is allowed access to the data.

 

urm..like in 2009

I smell a rat.

 

dx


please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, the whole DCA industry would collapse overnight.

 

 

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Over the years I've had a few fines in other EU countries with a British-registered car, not because I think it's OK to act like an idiot abroad, but due to ignorance and on one occasion because of incredibly-misleading signs.

 

I never paid any of them.

 

Nothing whatsoever happened to me.

 

but even if it is a 'fine'

there is nowt they can do to you .

 

dx

 

Spot on.


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As an aside, are you sure that the original fine by Hungarian motorways was issued correctly? It's easy to check here http://toll-charge.hu/articles/article/pricing if you purchased the vignette for the correct period and for the correct category of vehicle.

 

But this is an aside, EPC can do nothing anyway, and it's a pity you paid the original £54.


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It wasnt a fine


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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Thanks for the advice the letter off Euro Parking Collection PLC states that it is a fine and that they are acting on the behalf of national toll payment services of Hungary. and that i have paid for the wring category of vehicle.

 

 

it as penalty charge notice on the letter.

 

 

the new letter as Contractum Collections on it and is the same address as Euro Parking Collection plc.

 

 

It is a uk registered van.

 

 

so EPC must have got my details form DVLA.

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It can state whatever it wants. Its not a fine. If it does state its a fine, then it could be reported


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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Under eu law you can be sued for the money in a Hungarin court and you then get the matter transferred to your local county court.

 

 

EPC cannot represent whoever in Hungary as the debt cannot be assigned and they cant sue in their own name either.

 

Do you think that they are going to spend an absolute fortune on this?

 

 

You have paid the original amount and an unlwful admin charge already

so they see you as a mug who is likely to pay up again.

 

Do you intend to travel there again?

If not then nothing whatsoever to think about. If yes, dont go in that van.

 

Complaint to the DVLA about releasing your details when there is no cause to do so.

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Thanks for the advice

 

 

just worried that I might have bailiffs knocking on the door.

 

 

But i will just ignore the letters now i feel that i have done enough with paying the original amount they asked for.

 

But thanks again to for all the advice I have received.

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then you dont understand the difference between a bailiff and a dca.

 

 

This is quite common, you wont see a bailiff until you have been taken to court,

lost the case

and then failed to pay any debt

and then ignored another letter saying the matter was being taken back to court for enforcement.

 

dca's send out letters because they are paid to.

They make the letters look very scary by hinting that something nasty will happen if you dont pay.

 

 

Itinerant fortune tellers sometimes do the same so just lump the 2 together in your mind and leave it at that.

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Im curious?

 

 

Did EPC actually try to follow this up and pursue their nonsense?

 

 

I know someone in a similar predicament and Im wondering what to advise them.

 

 

My gut feeling is to suggest they ignore the letters, but they are written in a threatening manner.

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you tell them to totally ignore it

 

 

dx


please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, the whole DCA industry would collapse overnight.

 

 

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