We’d like to remind Forumites to please avoid political debate on the Forum.

This is to keep it a safe and useful space for MoneySaving discussions. Threads that are – or become – political in nature may be removed in line with the Forum’s rules. Thank you for your understanding.

IMPORTANT: Please make sure your posts do not contain any personally identifiable information (both your own and that of others). When uploading images, please take care that you have redacted all personal information including number plates, reference numbers and QR codes (which may reveal vehicle information when scanned).
📨 Have you signed up to the Forum's new Email Digest yet? Get a selection of trending threads sent straight to your inbox daily, weekly or monthly!
The Forum now has a brand new text editor, adding a bunch of handy features to use when creating posts. Read more in our how-to guide

DCB Legal Letter Before Claim Highview Parking

12357

Comments

  • Bluefeather
    Bluefeather Posts: 49 Forumite
    10 Posts Name Dropper
    edited 19 February 2021 at 2:51PM
    Jenni_D said:
    I have proved it's at least the payment terms now is the appeal process an extension.

    Have you? All you've done is explain your reasoning, not proven anything. I'd say a High Court decision trumps your belief. :)
    Castle said:
    The High Court found it was on the date of completion of the work or service, rather than the payment due date in:-
    Ice Architects Ltd v Empowering People Inspiring Communities (Rev 1) [2018] EWHC 281 (QB) (16 February 2018) (bailii.org)

    Is it or is it not a money claim for a debt? 

    If the parking was bought and there were issues then that is a claim on date the person paid for it.

    Here it's debt. CCJ credit history.... proof that it's debt not a claim in contract for a service.

    The case is about money owed but as they had part paid the debt was set at work commencement date as the credit terms were vague on when balances due. 

    "Epic will endeavour to pay within 30 days.." 

    Debt was acknowledged. PCN cases not so. As debt acknowledge by part payment then it reverts according to the statute to the invoice date section 29 of the Act 

    For PCN it's clear payment due in 14/28 days or as per appeal terms

    Did you read case or just web searched saw summary and charged ahead... 
  • Jenni_D
    Jenni_D Posts: 5,594 Forumite
    Fifth Anniversary 1,000 Posts Name Dropper Photogenic
    edited 19 February 2021 at 2:42PM
    In your opinion ... where's your proof?

    Others are of the opinion that the cause of action starts on the date the PCN is issued, and @Castle has offered proof to support that opinion. :)
    Jenni x
  • nosferatu1001
    nosferatu1001 Posts: 12,961 Forumite
    10,000 Posts Third Anniversary Name Dropper
    Yep, as above, you havent yet proven anything. 
  • Fruitcake
    Fruitcake Posts: 59,532 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    I'll leave further discussion to the forum regulars who I know are legally trained and/or qualified.
    I married my cousin. I had to...
    I don't have a sister. :D
    All my screwdrivers are cordless.
    "You're Safety Is My Primary Concern Dear" - Laks
  • Jenni_D
    Jenni_D Posts: 5,594 Forumite
    Fifth Anniversary 1,000 Posts Name Dropper Photogenic
    I agree. (The reply above (first on this page) was heavily edited after myself and @nosferatu1001 had posted). As of right now he (gender assumed) is still spouting an opinion with no proof.
    Jenni x
  • It 's debt yes or no

    If debt have proved it's not the invoice date but down to time to pay terms as backed up by case law. 

    Please prove it's not debt. I have given

    links to others that are of view it is debt. 
    and
    the non payment of PCN that is decided by a court resultis in CCJ that can affect Credit Rating

    So far no proof it's not debt. You must prove the defendant has breached terms of supply of goods or services to the claimant. Which you cannot. 

  • nosferatu1001
    nosferatu1001 Posts: 12,961 Forumite
    10,000 Posts Third Anniversary Name Dropper
    It's also not relevant right now. 
    The C themselves take date of breach as date of contract, evidenced multiple times.

  • Jenni_D
    Jenni_D Posts: 5,594 Forumite
    Fifth Anniversary 1,000 Posts Name Dropper Photogenic
    It 's debt yes or no

    No ... the nearest it can be argued is as an alleged debt. ;)
    Jenni x
  • D_P_Dance
    D_P_Dance Posts: 11,593 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    It is only a debt if a judge says ir is.
    You never know how far you can go until you go too far.
  • Bluefeather
    Bluefeather Posts: 49 Forumite
    10 Posts Name Dropper
    edited 19 February 2021 at 4:06PM
    At last we are in agreement and the time limit on going to court to establish (contract debt) ie. if there is a contract or terms to void is..... from the start of cause of action plus 6 years. When monet is claimed is end of time to pay 
    end of time to appeal 
    last letter disputing amount vs just denying claim

    That cause of action day could be much later than you think. 



Meet your Ambassadors

🚀 Getting Started

Hi new member!

Our Getting Started Guide will help you get the most out of the Forum

Categories

  • All Categories
  • 354.6K Banking & Borrowing
  • 254.5K Reduce Debt & Boost Income
  • 455.5K Spending & Discounts
  • 247.5K Work, Benefits & Business
  • 604.4K Mortgages, Homes & Bills
  • 178.6K Life & Family
  • 261.9K Travel & Transport
  • 1.5M Hobbies & Leisure
  • 16.1K Discuss & Feedback
  • 37.7K Read-Only Boards

Is this how you want to be seen?

We see you are using a default avatar. It takes only a few seconds to pick a picture.