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    • Northmonk forget what I said about your Notice to Hirer being the best I have seen . Though it  still may be  it is not good enough to comply with PoFA. Before looking at the NTH, we can look at the original Notice to Keeper. That is not compliant. First the period of parking as sated on their PCN is not actually the period of parking but a misstatement  since it is only the arrival and departure times of your vehicle. The parking period  is exactly that -ie the time youwere actually parked in a parking spot.  If you have to drive around to find a place to park the act of driving means that you couldn't have been parked at the same time. Likewise when you left the parking place and drove to the exit that could not be describes as parking either. So the first fail is  failing to specify the parking period. Section9 [2][a] In S9[2][f] the Act states  (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; Your PCN fails to mention the words in parentheses despite Section 9 [2]starting by saying "The notice must—..." As the Notice to Keeper fails to comply with the Act,  it follows that the Notice to Hirer cannot be pursued as they couldn't get the NTH compliant. Even if the the NTH was adjudged  as not  being affected by the non compliance of the NTK, the Notice to Hirer is itself not compliant with the Act. Once again the PCN fails to get the parking period correct. That alone is enough to have the claim dismissed as the PCN fails to comply with PoFA. Second S14 [5] states " (5)The notice to Hirer must— (a)inform the hirer that by virtue of this paragraph any unpaid parking charges (being parking charges specified in the notice to keeper) may be recovered from the hirer; ON their NTH , NPE claim "The driver of the above vehicle is liable ........" when the driver is not liable at all, only the hirer is liable. The driver and the hirer may be different people, but with a NTH, only the hirer is liable so to demand the driver pay the charge  fails to comply with PoFA and so the NPE claim must fail. I seem to remember that you have confirmed you received a copy of the original PCN sent to  the Hire company plus copies of the contract you have with the Hire company and the agreement that you are responsible for breaches of the Law etc. If not then you can add those fails too.
    • Weaknesses in some banks' security measures for online and mobile banking could leave customers more exposed to scammers, new data from Which? reveals.View the full article
    • I understand what you mean. But consider that part of the problem, and the frustration of those trying to help, is the way that questions are asked without context and without straight facts. A lot of effort was wasted discussing as a consumer issue before it was mentioned that the property was BTL. I don't think we have your history with this property. Were you the freehold owner prior to this split? Did you buy the leasehold of one half? From a family member? How was that funded (earlier loan?). How long ago was it split? Have either of the leasehold halves changed hands since? I'm wondering if the split and the leashold/freehold arrangements were set up in a way that was OK when everyone was everyone was connected. But a way that makes the leasehold virtually unsaleable to an unrelated party.
    • quite honestly id email shiply CEO with that crime ref number and state you will be taking this to court, for the full sum of your losses, if it is not resolved ASAP. should that be necessary then i WILL be naming Shiply as the defendant. this can be avoided should the information upon whom the courier was and their current new company contact details, as the present is simply LONDON VIRTUAL OFFICES  is a company registered there and there's a bunch of other invisible companies so clearly just a mail address   
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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.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Use of Freedom Pass - false information given to inspector


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Good evening,

 

I have used my mothers freedom pass for the last two weeks as this months wages were not enough to cover the cost of nursery, rent, bills and travel. I usually have a monthly travel card but could not manage it this month. 
 

When stopped with the pass, I had covered it with a sticker, when asked for details I gave false information twice. I know it’s stupid! I was just really scared. When asked how often I used it I said 1 day, but I have used it a few times over the past 2 weeks. 
 

As someone who pays for all of my travel, I don’t intend to deceive or not pay for travel, I just literally can not afford to travel to work this month, but obviously need to travel to work to pay for rent, nursery, bills etc. 

 

I regret lying but it was all so public, I felt humiliated and scared. What will happen next? Will this result in a criminal record? I need a DBS to work and am terrified this will result in me losing my job! 
 

Many thanks in advance!

 

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What happened to your mums pass, did they take it or get her address from it?

 

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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Ok.

Await the letter if one comes . They have 6mts.

 

Get reading up like threads here

Ive moved you to the public transport forum.

 

Click public transport up the top under by (your. Username)..

 

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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Thank you. I have read few a few of them and am feeling pretty resigned to being taken to magistrates. I am open, and grateful, to any guidance up until that point! 

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the best guidance is read as many thread here as you can.

 

everything you are ever going to ask or need to know is already here 100's of times.

 

comeback if you do get a letter..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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I have received the letter and attached it to this post.

 

Below is what I intend to send back with evidence. Please give any advice. 
 

I hope to provide the evidence to show that the use of the pass was not one of planning and deceit, but a poor decision made out of desperation. I am a single working mother of a 1 year old who has found myself increasingly struggling, and falling into debt, due to the cost of living. I have no criminal convictions, as seen on the clear DBS, included. I am a teacher, and should I receive a criminal record, could lose my job and future employment opportunities. The sense of shame and regret I feel is all pervading.

 

‘I have attached proof that for January, February and March I had purchased a zone 1-5 travel card. This month however, the universal credit contribution towards child care that I am entitled to did not cover the dates, and therefore the cost, leaving me £250 short for my bills and expenses, resulting in exceeding my overdraft limit and incurring fines. My mother had accidentally left her pass at my house when supporting me with childcare. When using the pass, I felt a great deal of shame for going behind my mothers back, and not being able to pay for my own fares. I am a proud person who wants to live honestly, working to provide for myself and my child and this behaviour is so far from the way I wish to live my life, or the example I want to set for my child. 

 

This poor decision making has been a result of the deterioration of my mental health due to financial strain, with my depression and anxiety increasingly impacting my day to day life and ability to leave the house to complete simple tasks. I have been so fearful of the consequences of not attending work, that I failed to consider the consequences of using the pass. The decision to use the pass was foolish and selfish, not taking into account the impact on TfL, and other fare payers; if everyone acted in the same way as I did, it would decimate TfL and I am truly embarrassed and ashamed to have contributed to TfL’s financial burden. 

 

I am truly sorry to have acted dishonestly, against an organisation that works so hard to provide an affordable and reliable service for all Londoners, something I value so greatly. I am also terrified that this lapse in judgement is going to leave me without a job, and therefore an income and way of supporting my child. The sense of shame and regret I feel is all pervading. I have been unable to eat, sleep or think of anything else since the pass was confiscated. I am hoping it will be possible to settle out of court, to show my remorse to TfL without obliterating mine and my daughter’s future. 

 

Sincerely’

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