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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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the landlord wants more money for outstanding lease payment for the business rent to the landlord when the business seized.


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hi am new to this site, need help and advice 

after receiving a letter from the landlord solicitor, for outstanding lease payment for the business rent to the landlord when the business seized.

i had to pay full lease rent for early closer which was £29k.

after some discussion an  agreement was made to pay £20K5 over 19 and half months, if any instalment missed or not paid without notifying the creditor then full payment of £29k will be charged.

after successfully managed to pay off the owed money now the landlord wants another £8500 more for not complying to the agreement, according to him i paid couple of payments late.in an agreement

he said if i missed any or late payment without consulting him then full payment  of £29k has to be paid.

on one accession i had difficulty for payment and contacted the landlord and was greed it will be ok. this is a shell shock after clearing the dept

i thought i was clear until this bombshell.

any help and advice will be appreciated thanks.

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  • dx100uk changed the title to the landlord wants more money for outstanding lease payment for the business rent to the landlord when the business seized.

pers id ignore him just being greedy.

let him try court.

was this a written and signed agreement?

dx

moved to the landlord forum title updated

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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and this 'clause' is mentioned.

how late were you , and he says 2?

he would be very silly to try anything on this.

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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yes the clause is mentioned  one payment only. but thats all i missed . there was one payment on the last day of the month  through the bank but in his account it was 3 days late he said he received and the one he is saying i defaulted the agreement.

Edited by imly
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ignore him.

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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Do you think the LL will be able to show there was more than the one, (agreed / advised in text message) late payment once the agreement for repayment of arrears was in place : if so, will they be able to claim you didn’t advise them of that / those late payment?

(If you are saying there was only the one late payment : it follows you can’t have advised them of any other late payments!)

So, it’ll come down to if their bank statements show any other late payments! (what do you think the LL’s bank statements will show?), as well as the communications between you ; the LL will have the text messages as well?.

Have you asked them why they believe other payments were late and checked when those ones left your account?

Edited by BazzaS
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there was only one late payment and that was agreed with ll, i have proof of this when i text him that i will pay 2 months installment together as he was out of country and he acknowledged with text reply which i have saved. the other one  it was paid on the last day of the month and  and he says it arrived 3 days after. apart from that there were no late payment.

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