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By lookinforinfo · Posted
I would like to make a couple of comments on their Ws. First as Dave says the PCN is not PoFA compliant. The PCN has to include the period of parking which is obviously not the arrival and leaving times on the ANPR cameras. Several minutes must elapse between finding a parking spot and then leaving the parking spot and getting to the exit. Therefore the keeper cannot be held responsible for the alleged debt by the driver. And HX should be put to strict proof that the driver and the keeper are the same. Second this could prove difficult for them since in the contract [s8 Declaration ]they are unable to distinguish whether the Client is the land owner, the Legal occupier or the managing agent in the signed declaration despite the fact that they have a signed contract signed by someone not in their presence 4 days later whose name has been redacted. This really is not good enough to qualify as a valid contract as there is only a signature without naming the company they are working for as well as only being a manager, not a director. So we need strict proof of the company who signed as the Client and if it was not Canada Life then we need strict proof that the signee had permission to sign on behalf of CL. third the Entrance sign indicates that the T&Cs are inside the car park so it cannot said to offer a contract, just an offer to treat. Fourth [though Dave may have covered this] the contract allows HX tth right to recover parking charges but stops short of permitting them to pursue through the Court which usually occurs in contracts relating to parking. Fifth the contract is governed by the law of England and Wales so their PCN is unlawful since it contains a notification that extra charges of £160 can be charged. This is contra to the law yet permitted by the ISC. As the PCN is an unlawful instrument it follows that any charges from the PCN cannot be permitted and the case should not have been issued. Sixth put the ANPR cameras to strict proof of their accuracy with GMT on the day of the alleged offence . That's all I can see at the moment. Hopefully Ethel Street will confirm the position on the lawfulness of the added charges included in the PCN. -
By Strawberry_candy33 · Posted
Can you tell me how to do a CCA request and tell me how much it costs please thankyou -
nothing. they cant until they do. dx
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By Strawberry_candy33 · Posted
Ok so if I send a CCA request and they don’t have it…what will they likely send me instead ? if they don’t have a CCA for me then how can they prove that I own the debt ?
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