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    • Write to the IPC complaining that UKPC have not observed the requirements of PoFA . IPC  Waterside House, Macclesfield SK10 9NR Dear IPC, I am writing to complain about a serious breach of the Protection of Freedoms Act 2012 by UKPCM. I feel that as it is more a breach of the Act rather than not just  complying with your Code of Practice which is why I am bypassing your operator. Should you decide to insist that I first complain to your operator, I will instead pass over my complaint to the ICO and the DVLA . My story starts with being issued a windscreen PCN on 8/3/24 which was almost immediately removed and a second  PCN was then  sent by post on 13/3/24  [deemed delivered 15/3/24] which I did not receive and had to send an sar to have that particular mess revealed later  but that is not the reason for my complaint. UKPC then sent a Keeper Liability Notice dated 12/4/24 warning me that as 28 days have now elapsed, I as keeper am now liable for the charge.  This is in direct contravention of PoFA since the keeper does not become liable to pay until the day after the original PCN is deemed to have been given which would have been 13/4/24 -a Saturday ]. Not only does it not comply with PoFA but it fails to adhere to your Code of Practice and is in breach of their agreement with the DVLA. You will be aware that this is not the first time that UKPC have fallen foul of the DVLA and presumably yourselves. I have included copies of both Notices for information. You will realise the seriousness of this situation if this is standard practice from the UKPC to all motorists or just those where windscreen tickets are involved since the Law regarding PoFA is being abused and is unfair to misguide motorists. I await your  response which I understand will usually be within a week. -------------------------------------------------------------------------------------------------------------------------------------------------------I would think that should be sufficient for the IPC to cancel your PCN though  you should await comments from the Site team before sending your complaint. Don't forget to include both PCNs.  
    • Hi DX, Sorry, fell asleep as I was up all night last night writing that statement. Yes, I attached the rest of the witness statement on post 50, bottom of webpage 2. That's the important part.  It looks like the lawyer who wrote Erudio's Witness statement does not work for them any more. So, I'll have another lawyer representing instead. Not sure if I can use Andy's hearsay argument verbally if that happens.... I did not put it in writing. Apart from not sending deferral forms, my main argument is that in 2014 Erudio fixed some arrears mistake that SLC made and then in 2018 they did the same mistake, sent me confusing letters. What is the legal defence when they send you confusing material?
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Lowell's OH Vanquis card - PAPLOC now claim form.***Claim Discontinued***


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no you get reading up.

 

1000's of vanquis claimform threads here.

cag is selfhelp too.

 

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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What Dx meant to say is yes and no. 

 

In relation to courts and the claimant yes it is a waiting game but in the mean time read up on the forum other threads similar to this. 

 

OFT debt collection guidance

 

Please remember the only stupid question is the one you dont ask so dont worry about asking the stupid questions.

 

Essex girl in pc world looking 4 curtains 4 her pc,the assistant says u dont need curtains 4 a computer!!Essex girl says,''HELLOOO!! i,ve got WINDOWS!!'.

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Evening Caggers

 

I've been reading some of the other PAPLOC threads over the week (spinning fish's was very helpful), can I start to prepare a WS in anticipation this rolling on further or do I need to wait until Overdales sends the OH their WS, so I can respond in kind to it?

 

Thanks PM

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Why are you reading paploc threads??

 

next move is not yours.

youve filed the defence.

the court will write acking that

stating theyve fwd it to the claimant

and they now have 28days to do something

else the claim gets auto stayed.

 

if they do, then blank dq n180 from the court directly is your next move.

 

 

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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No harm in making notes of things you need to remember or point out. You just need to play the waiting game now 

OFT debt collection guidance

 

Please remember the only stupid question is the one you dont ask so dont worry about asking the stupid questions.

 

Essex girl in pc world looking 4 curtains 4 her pc,the assistant says u dont need curtains 4 a computer!!Essex girl says,''HELLOOO!! i,ve got WINDOWS!!'.

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  • 3 weeks later...

Hi Caggers the other half hasn't had anything from Lowells solicitors since submitting her defence on MCOL at the start of the month. Is this standard practice from them as we couldn't see anything on MCOL with a response from them either. Thanks PM 

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On 04/03/2022 at 20:27, dx100uk said:

next move is not yours.

youve filed the defence.

the court will write acking that

stating theyve fwd it to the claimant

and they now have 28days to do something

else the claim gets auto stayed.

 

if they do, then blank dq n180 from the court directly is your next move.

 

 

 

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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Share on other sites

Hi Caggers

The OH received the attached letter today,

 

they say on the 29 February 2016 the account defaulted, however accordingly to the DN sent by Overdales (I checked before posting) from November 15 would suggest otherwise. 

 

I'm not sure how they came to 29 February 2016 for a default date other than they have mixed up her account with someone else's. 

 

Should I get the OH to hold and wait for it to go to court as this letter would seem to be part of the agree a settlement process. 

 

Page 2 is just a break down of how the OH can settle the amount so I didn't bother scanning and PDFing but I can if need be. Thanks PM

 

 

20220329-Overdales Defence Response Front Page.pdf

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the debt is statute barred.

 

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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Share on other sites

Hi Caggers OH received a DQ N180 today,

the covering letter was dated 25 Mar 22 so the previous post they've not really given the OH 7 days to response. 

 

Noting DX100's comment regarding a blank DQ n180 direct from the court, I take it the OH would agree or not agree to mediation

 

I've have a read up on the gov.uk website and it basically says the DQ is where the Judge will give instructions (directions) to both parties. 

 

I also noticed that the n180 Overdales have sent to the court is  a much older version than is currently in use, would that make a difference as they are effectively the same format just with Overdales barcodes inserted etc. 

 

I've attached what they sent anyway and will continue reading up as they have me confused as to the OH's next step, pretty easy mind. 

 

Thanks PM

 

overdales N180.pdf

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please remember to NAMe you PDF logically not just the default name from the program.

 

what does MCOL say, under status about N180's?

 

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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Share on other sites

dx there is only acknowledgement of service and the OH's defence submission showing in the claim history on MCOL nothing suggesting N180 action has been submitted by Overdales.  I double checked as I check MCOL first to see if anything is on there to go off before having a read up and posting.

 

I will use a different merge pdf next time I wasn't able to change the name once downloaded.

 

PM

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Then as you'll read in any Lowell vanquis claimform thread here already it's sent to mainly harass and intimidate.

 

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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Share on other sites

  • 2 weeks later...

Hi Caggers

the OH has still not received an N180 request from the court yet, should she continue to wait for the request to drop through the letter box or should she just complete one and send to the court and overdales anyway? 

 

I'm concerned the OH may have inadvertently shot herself in the foot with inaction. 

 

I couldn't find a timeline for the court to contact the defendant only that the defendant has to respond to the N180 request by the stipulated court deadline. 

 

Thanks PM

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If the status on MCOL states that the claim has moved to allocation and DQs have been dispatched then yes you can use one of our copies...if not and the last entry is your defence submitted..... then you wait 

 

 

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

 

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  • 2 weeks later...

Morning Caggers

 

On the N180 can I put myself down as a witness so I can answer questions/queries on my OH's behalf or is that not allowed.  The form isn't very clear and whilst I can do a script for the OH, she'd rather I spoke on her behalf.  Cheers PM

 

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You put 1 wit down.. the defendant

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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Share on other sites

  • 3 weeks later...

Evening Caggers

has anyone come across Northampton County Court Business Centre not passing on DQ responses for upload to MCOL

 

The OH responded the same day she received the DQ and sent via recorded post to which it was signed for a couple of days later (25 Apr) and well within time of the deadline she was given by the court (09 May). 

 

She has tried ringing the court numerous times only to be hung up on after waiting in long queues and no responses to emails either. 

 

She is concerned with MCOL not being updated that it will reflect badly if/when she has to go to court further down the line. 

 

I've read from various sources online that the staff at the court aren't the best either which doesn't fill us with confidence.  Thanks in advance PM.

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theres a couple here of recent where they took a time to file it

dont worry 

you have proof.

 

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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Share on other sites

Have you checked the MCOL status by logging  in and checking the dash board...it will state who/date has filed the DQs.

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

If you want advice on your Topic please PM me a link to your thread

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