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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.

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      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
        • Like

EPC ANPR PCN - St Nicholas Street, Weymouth DT4 8AD


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1 Date of the infringement 14/02/24

2 Date on the NTK [this must have been received within 14 days from the 'offence' date] 21/02/24

3 Date received 23/02/24

4 Does the NTK mention schedule 4 of The Protections of Freedoms Act 2012? [Y/N?] Yes

5 Is there any photographic evidence of the event? Yes

6 Have you appealed? [Y/N?] post up your appeal] No

Have you had a response? [Y/N?] post it up N/A

7 Who is the parking company? Euro Car Parks

8. Where exactly [carpark name and town] St Nicholas Street, Weymouth

For either option, does it say which appeals body they operate under. POPLA / BPA
 

If you have received any other correspondence, please mention it here

-Final Notification Letter from Euro Car Parks

-Warning Of Legal Proceedings Letter from Debt Recovery Plus

 

Please can anyone advise on how to proceed from this point?

I've read a number of threads about snotty letters etc but with the fact it's gone straight to a debt recovery company i doubt a snotty letter will get me anywhere.

Is it just a case of waiting for a potential claim to come through or is there something i can be researching / doing in the interim from this point forward?

It's just crazy to think they can justify a £60 (if paid within time limit) parking charge for 30 mins of parking where the cost of the ticket would of just been £1!

Many thanks,

MDG

 

 

EPC NTK+chaser + dr+ letters.pdf

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  • dx100uk changed the title to EPC ANPR PCN - St Nicholas Street, Weymouth DT4 8AD

still left PCN number on DR+ letter!!

done for you.

the fact its been passed to a powerless DCA means nothing - ignore

await if/when you ever get a letter of claim.

thread title updated

dx

 

 

  • Like 1

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 looked at the car park and it is quite clearly marked that it is  pay to park  and advising that there are cameras installed so kind of difficult to dispute that. On the other hand it doesn't appear to state at the entrance what the charge is for breaching their rules. However they do have a load of writing in the two notices under the entrance sign which it would help if you could photograph legible copies of them. Also legible photos of the signs inside the car park as well as legible photos of the payment signs.

I say legible because the wording of their signs is very important as to whether they have formed a contract with motorists. For example the entrance sign itself doe not offer a contract because it states the T&Cs are inside the car park. But the the two signs below may change that situation which is why we would like to see them.

I have looked at their Notice to Keeper which is pretty close to what it should say apart from one item. Under the Protection of Freedoms Act 2012 Schedule 4 Section 9 [2]a] the PCN should specify the period of parking. It doesn't. It does show the ANPR times but that includes driving from the entrance to the parking spot and then from the parking place to the exit. I know that this is a small car park but the Act is quite clear that the parking period must be specified.

That failure means that the keeper is no longer responsible for the charge, only the driver is now liable to pay. Should this ever go to Court , Judges do not accept that the driver and the keeper are the same person so ECP will have their work cut out deciding who was driving. As long as they do not know, it will be difficult for them to win in Court which is one reason why we advise not to appeal since the appeal can lead to them finding out at times that the driver  and the keeper were the same person.

You will get loads of threats from ECP and their sixth rate debt collectors and solicitors. They will also keep quoting ever higher amounts owed. Do not worry, the maximum. they can charge is the amount on the sign. Anything over that is unlawful.

You can safely ignore the drivel from the Drips but come back to us should you receive a Letter of Claim. That will be the Snotty letter time.

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In short you never communicate with a Debt Collector, they have no power here at all.

The snotty letter is only used to respond to a properly worded Letter Before Claim.

The only time you would be recommended to contact the PPC is to send the snotty letter.

You do nothing but keep the tripe they send you unless you receive a letter before claim.

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