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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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Ethical Parking Contractual Breach Charge - Chichester College


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  • 3 months later...

I agree with you. It looks like one of their standard letters as the amount has gone up to £160 for no reason and burbling on about the Beavis case when it's probably irrelevant.

 

The guys will tell you if it's worth replying or not. :)

 

HB

Illegitimi non carborundum

 

 

 

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Thanks Honeybee. Just seen one of erics replies to a similar case but in regards to Shoreham Airport. Looks like I may be writing to them, but I shall await a response from eric and hopefully one of his cunningly written drafts :wink:

 

I agree with you. It looks like one of their standard letters as the amount has gone up to £160 for no reason and burbling on about the Beavis case when it's probably irrelevant.

 

The guys will tell you if it's worth replying or not. :)

 

HB

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Just don't ignore a claimform

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

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Gladstones are the IPC in another frock so they persuade the members to use them for their debt collection and if possible legal actions.

 

However, they are greedy and incompetent and make deals that could be Champerty (look it up) and Maintenance so although this letter in itself is harmless I feel it would be wise to create a paper trail via Gladstones so you can use it against them later if necessary.

 

 

You need to be firm in your wording so something like:-

Dear Will and John,

as you are the worlds greatest solicitors and in no way compromised by your directorships of the IPC you will know that the demand you make for £160 bears no relationship to what can be claimed as a debt in this matter.

 

You should also advise your client that any debt to them is denied in its entirety and that it is denied that the keeper was the driver at the time of this alleged event and puts it to "strict proof" that they identify the debtor before employing you to waste their money an a doomed civil action.

 

Mind you, they must be desperate employing you as debt collectors AFTER DR+ have failed to get anywhere, that really shows where you stand in the shoddy and murky debt collecting world.

 

I hope that when you pass this on to your clients they see sense and realise that they have been rumbled before they have been Gladstoned to quote a famous blogger of the motoring world.

 

If you want to take this bold approach do not try and water it down or you will be getting a claim form.

 

This letter lets them know that you are not going to pay and not going to be cowed by their threats as you are well aware of their behaviour and reputation.

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Thanks Eric, I will get that sent out today. DO I just send it to Gladstones or to Ethical as well.

 

Just one point (please bear with me, I'm still trying to actually comprehend it). The bit where you say that it is denied that the keeper was the driver at the time, is that just a phrase being used as I am not denying i parked the vehicle, it's just i purchased a ticket that somehow ended up upside down.

 

Thanks

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that will do fine. I would be tempted to send a copy to Ethical as well so they know that you are not frit of their advisors and they may decide that as you know gladdys are really a laughing stock they will think twice about usingnthem further, even if that is on a promise of payment by results (hah!)

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  • 1 year later...

threads more than a year old and where do they use the word FINE please.

 

better to start a new thread

of your own please

 

you wont get seen here

 

dx

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

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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threads more than a year old and where do they use the word FINE please.

 

better to start a new thread

of your own please

 

you wont get seen here

 

dx

 

Thanks Dx, but I'm specifically looking for a response from the OP rather than advice from others.

Unfortunately I cannot direct message them as I am new...

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quite correct too

PM advise is not allowed.

 

they never heard anything , but ofcourse people never bother to return, just forget about it

 

start a new thread ….posting on an existing thread is not how CAG operates.

 

the OP has not looked at CAG since 25th aug last year

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

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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I'm not after PM advice either, I'm not requesting advice at all.

I was hoping they might have a further photograph from the site, specifically the small T&C signs dotted around the car park which are very different to the entry sign.

Hence only a post on this thread will suffice.

Hopefully like myself they will see the email notifications from your / my messages and click if they are bored.

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post 14

 

but that doesn't really help you

why do you think they are important.

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

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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I won in court last year, against a different PPC, purely based on the technical wording of their signage.

I also know from being at that car park that this college has a couple of different signs depending on the area.

So they are highly relevant, especially considering the case I am amount to make will be using this point.

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oh well looks like you're gonna have to take a trip then.

only 2 threads here on this carpark..

so you've a court claim on this one then?

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

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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