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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.
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    • 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.
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Bus Lane PCN - CDER removal Notice at 6am.


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I have checked my credit report, there is nothing. I have not moved address, I've been in the same address for 14years. I have had a CCJ once before and I paid it on the same day some 7years ago. It disappeared from my credit report. I'm using credit Karma. 

Here is the upload again

Can they come into the house? this is surely a mistake? how can I find out, can I ring the court on Monday? is it too late by then?


Upload_compressed_compressed.pdf

Edited by dark.knight.10
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Ask them who issued the PCN, when it was issued, against what vehicle registration.

Advise them, you don't know anything about a PCN and need to contact whoever issued it.

Court may be able to confirm details

WWW.GOV.UK

How to appeal against a parking ticket, bus lane fine or other penalty charge notice (PCN) - and what happens if you get a charge...

 

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Okay here is an update:

it’s the vehicle that my sister drives:

reading bus Lane 

it went to debt collectors

she paid the original ticket: I’m getting her to send me the actual receipt 

The agent say it’s not a CCJ. It’s a warrant … they’re looking for the car to take it 

what’s the difference between a warrant and CCJ?

Turns out she made a mistake and this is a different ticket…

The agent advise me to pay it now and appeal it in court. If successful. They’ll refund 

my appeal would be that my sister was driving the car and I have not seen any tickets. 
 

is this the right way to do this ? 

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  • dx100uk changed the title to Bus Lane PCN - CDER removal Notice at 6am.

did she get a notice of enforcement and ignore it?

you are the registered keeper of the car?

did you not ever get the original PCN ?

if not get an appeal running 

they cannot force entry.

do not pay them

you'll never get you moneyback!

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 dx, 

I am the registered keeper, I did not see anything because she took those letters. 

Okay here is the full story:

My sister is a pharmacist, she working fills in for different pharmacies that have shortage. She was working at reading boots for 3 shifts 12,15 and 17th of feb. 

she got tickets for two of those dates because “she had to drive through the bus only area to get to the boots car park”

These tickets would arrive in my name, she'd open the letters and say she got a ticket and she's dealing with it. 

She mistook the two tickets for one, so she only paid off the one on the 12th of Feb, and thought that's that... 

 

So I need PE2 and PE3 forms... do I call the court on Monday to call off this "warrant" and what's the difference between a warrant and CCJ? 

 

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a ccj is nothing to do with Penalty charge notices,

local authority PCN's were decriminalised years ago, and anyway a CCJ is from a CIVIL court, 

PCN's are dealt with by a special court at northants bulk hence it says county court - just the name of the whole centre.

you say she did get the PCN but failed to pay.

read all the posts in that thread

see what you think you need to do.

but you'll have a hardtime claiming it didnt get sent, she just didnt deal with it.

might be best to simply cough up 

cant see a way out.

sorry

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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if RK has had a notice of enforcement and the bailiffs have attended the address since that too, then their fees are valid which added another £310 to the pcn.

i cant at present see a way out unless the rk did not get a NOE.?

 

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

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