I considered writing to the Debt Recovery Company earlier however was advised by another agency that these cases are not enforceable in Scotland. You can find out more about which cookies we are using or switch them off in settings. Due to the size of the claim it will almost certainly be dealt with on the Small Claims track (for cases of 5,000 or less). Another view is they may, as time is running out for them. The penalties from DCBL Ltd. were all priced at a hefty 100, with a further 70 admin fee attached to each one. This info does not constitute financial advice, always do your own research on top to ensure it's right for your specific circumstances and remember we focus on rates not service. As stated above, if the firm did not display its terms in an easily accessible format before you entered the contract, and only displayed them once you entered the car park, then arguably those terms do not apply to your contract. ._2cHgYGbfV9EZMSThqLt2tx{margin-bottom:16px;border-radius:4px}._3Q7WCNdCi77r0_CKPoDSFY{width:75%;height:24px}._2wgLWvNKnhoJX3DUVT_3F-,._3Q7WCNdCi77r0_CKPoDSFY{background:var(--newCommunityTheme-field);background-size:200%;margin-bottom:16px;border-radius:4px}._2wgLWvNKnhoJX3DUVT_3F-{width:100%;height:46px} Create an account to follow your favorite communities and start taking part in conversations. Brilliant. I have told her I have received it as I was not impressed. I'll get her to write to them too. Thank you so much for your advice. Parking Charge Notices are not actually a fine. Ignoring things is generally not a ._38lwnrIpIyqxDfAF1iwhcV{background-color:var(--newCommunityTheme-widgetColors-lineColor);border:none;height:1px;margin:16px 0}._37coyt0h8ryIQubA7RHmUc{margin-top:12px;padding-top:12px}._2XJvPvYIEYtcS4ORsDXwa3,._2Vkdik1Q8k0lBEhhA_lRKE,.icon._2Vkdik1Q8k0lBEhhA_lRKE{border-radius:100%;box-sizing:border-box;-ms-flex:none;flex:none;margin-right:8px}._2Vkdik1Q8k0lBEhhA_lRKE,.icon._2Vkdik1Q8k0lBEhhA_lRKE{background-position:50%;background-repeat:no-repeat;background-size:100%;height:54px;width:54px;font-size:54px;line-height:54px}._2Vkdik1Q8k0lBEhhA_lRKE._1uo2TG25LvAJS3bl-u72J4,.icon._2Vkdik1Q8k0lBEhhA_lRKE._1uo2TG25LvAJS3bl-u72J4{filter:blur()}.eGjjbHtkgFc-SYka3LM3M,.icon.eGjjbHtkgFc-SYka3LM3M{border-radius:100%;box-sizing:border-box;-ms-flex:none;flex:none;margin-right:8px;background-position:50%;background-repeat:no-repeat;background-size:100%;height:36px;width:36px}.eGjjbHtkgFc-SYka3LM3M._1uo2TG25LvAJS3bl-u72J4,.icon.eGjjbHtkgFc-SYka3LM3M._1uo2TG25LvAJS3bl-u72J4{filter:blur()}._3nzVPnRRnrls4DOXO_I0fn{margin:auto 0 auto auto;padding-top:10px;vertical-align:middle}._3nzVPnRRnrls4DOXO_I0fn ._1LAmcxBaaqShJsi8RNT-Vp i{color:unset}._2bWoGvMqVhMWwhp4Pgt4LP{margin:16px 0;font-size:12px;font-weight:400;line-height:16px}.icon.tWeTbHFf02PguTEonwJD0{margin-right:4px;vertical-align:top}._2AbGMsrZJPHrLm9e-oyW1E{width:180px;text-align:center}.icon._1cB7-TWJtfCxXAqqeyVb2q{cursor:pointer;margin-left:6px;height:14px;fill:#dadada;font-size:12px;vertical-align:middle}.hpxKmfWP2ZiwdKaWpefMn{background-color:var(--newCommunityTheme-active);background-size:cover;background-image:var(--newCommunityTheme-banner-backgroundImage);background-position-y:center;background-position-x:center;background-repeat:no-repeat;border-radius:3px 3px 0 0;height:34px;margin:-12px -12px 10px}._20Kb6TX_CdnePoT8iEsls6{-ms-flex-align:center;align-items:center;display:-ms-flexbox;display:flex;margin-bottom:8px}._20Kb6TX_CdnePoT8iEsls6>*{display:inline-block;vertical-align:middle}.t9oUK2WY0d28lhLAh3N5q{margin-top:-23px}._2KqgQ5WzoQRJqjjoznu22o{display:inline-block;-ms-flex-negative:0;flex-shrink:0;position:relative}._2D7eYuDY6cYGtybECmsxvE{-ms-flex:1 1 auto;flex:1 1 auto;overflow:hidden;text-overflow:ellipsis}._2D7eYuDY6cYGtybECmsxvE:hover{text-decoration:underline}._19bCWnxeTjqzBElWZfIlJb{font-size:16px;font-weight:500;line-height:20px;display:inline-block}._2TC7AdkcuxFIFKRO_VWis8{margin-left:10px;margin-top:30px}._2TC7AdkcuxFIFKRO_VWis8._35WVFxUni5zeFkPk7O4iiB{margin-top:35px}._1LAmcxBaaqShJsi8RNT-Vp{padding:0 2px 0 4px;vertical-align:middle}._2BY2-wxSbNFYqAy98jWyTC{margin-top:10px}._3sGbDVmLJd_8OV8Kfl7dVv{font-family:Noto Sans,Arial,sans-serif;font-size:14px;font-weight:400;line-height:21px;margin-top:8px;word-wrap:break-word}._1qiHDKK74j6hUNxM0p9ZIp{margin-top:12px}.Jy6FIGP1NvWbVjQZN7FHA,._326PJFFRv8chYfOlaEYmGt,._1eMniuqQCoYf3kOpyx83Jj,._1cDoUuVvel5B1n5wa3K507{-ms-flex-pack:center;justify-content:center;margin-top:12px;width:100%}._1eMniuqQCoYf3kOpyx83Jj{margin-bottom:8px}._2_w8DCFR-DCxgxlP1SGNq5{margin-right:4px;vertical-align:middle}._1aS-wQ7rpbcxKT0d5kjrbh{border-radius:4px;display:inline-block;padding:4px}._2cn386lOe1A_DTmBUA-qSM{border-top:1px solid var(--newCommunityTheme-widgetColors-lineColor);margin-top:10px}._2Zdkj7cQEO3zSGHGK2XnZv{display:inline-block}.wzFxUZxKK8HkWiEhs0tyE{font-size:12px;font-weight:700;line-height:16px;color:var(--newCommunityTheme-button);cursor:pointer;text-align:left;margin-top:2px}._3R24jLERJTaoRbM_vYd9v0._3R24jLERJTaoRbM_vYd9v0._3R24jLERJTaoRbM_vYd9v0{display:none}.yobE-ux_T1smVDcFMMKFv{font-size:16px;font-weight:500;line-height:20px}._1vPW2g721nsu89X6ojahiX{margin-top:12px}._pTJqhLm_UAXS5SZtLPKd{text-transform:none} Take photographs if you have any concerns the sign didnt meet these standards. To see all content on The Sun, please use the Site Map. WebUnpaid Parking Fine - DCBL from last year Traffic & Parking Close 1 Posted by11 months ago Archived Unpaid Parking Fine - DCBL from last year Traffic & Parking Is there They have passed this to a third party, but the third party (ZZPS) has added a 70 charge. Do note, while we always aim to give you accurate product info at the point of publication, unfortunately price and terms of products and deals can always be changed by the provider afterwards, so double check first. Generate an appeal letter instantly using our app Check if your parking ticket was issued correctly We prepare your appeal letter with the correct legal wording Pay 4.99 & Submit your appeal If your appeal is rejected, send your appeal to The IAS Start Your Appeal Appeal Letter Service Have You Got a Final Reminder? Highview Parking are a private firm who will be managing the site for the owners, who may or may not be the chip shop owners. Ultimately, if you are not happy with how they deal with your case, I believe they are members of the British Parking Association, a trade body and you should have a further right to appeal to them. If the Parking Firm dont waive the charge, take it to their Parking Associations Adjudication process. Remember gathering evidence is important, so ask for evidence from the Firm and scrutinise it. I would try and find out who is the Company that has given you the ticket. Previously it was believed that the charges private firms charged did not have to be paid, as they were not legally enforceable. You can possibly get assistance from your local advice agency. It is likely you will be expected to give the name and contact details of the person that was driving the vehicle. To be clear, a debt collector: So, whats a bailiff then? First, whether they raise one action for all the debts, or separate actions for each fine. Over 200,000 Scots likely to get a 25 Court Order Fee in 2022. When did you receive the initial parking charge notice? You can download it in Word .docx or OpenD o cument .odt format If you ._3Z6MIaeww5ZxzFqWHAEUxa{margin-top:8px}._3Z6MIaeww5ZxzFqWHAEUxa ._3EpRuHW1VpLFcj-lugsvP_{color:inherit}._3Z6MIaeww5ZxzFqWHAEUxa svg._31U86fGhtxsxdGmOUf3KOM{color:inherit;fill:inherit;padding-right:8px}._3Z6MIaeww5ZxzFqWHAEUxa ._2mk9m3mkUAeEGtGQLNCVsJ{font-family:Noto Sans,Arial,sans-serif;font-size:14px;font-weight:400;line-height:18px;color:inherit} They will, I assume argue their pricing model is that they charge a flat service charge if you exceed the allowed time limit. Could this not be see as excessive, or a penalty? In relation to the charge and how much they are charging you per minute, unfortunately, I dont think this is the way they will look at it. Also with high view parking. This is because under the law of contract the landowner must offer the terms before you accept the offer. Well I think you have grounds to challenge the Debt Collection Fees, as they are clearly in excess of what the sign says, so they have no contractual basis for charging 70. However, I stress if this goes to Court I expect the Court will presume you were driving the car, as the registered keeper and they will expect you to state who was driving it to rebut that presumption. Be warned that she will get lots of intimidating letters from DCBL and they may even refer to their infamous TV program 'Can't Pay, We''ll Take It You may also want to appeal to the owner of the land who may be different from the Parking Firm. They can do this if they are a Private Company registered under the Approved Operator Scheme operated by the DVLA. Suing for breach of the Data Protection Act, Click here to make a no-obligation enquiry. Is it possible to appeal to POPLA now that they are available in Scotland even if the original charge was from three years ago. This would mean that they are charging over 7/minute. costco return policy ring doorbell (1) diy essential oil perfume spray witch hazel (1) You can also ask for evidence your wife overstayed. The letter sent to William, which lists his alleged offences as 'multiple unpaid parking charges' states his next opportunity to dispute the charge will be if the matter is taken to court. I would not in future ignore any parking ticket. Ensure the times are correct and she has re-entered within the prohibited times. We have now receive the first of what I presume will be 3 fines. Where I would have to drive through a barrier and take a ticket and could not read the T & Cs before doing so, I would read them once I parked my car. As I say I dont think it is Parkmaven, but I may be wrong, and ask what body they are a member of and what is their appeal process. You appear to have parked in a non-designated parking area of Braehead. Since the incident in early July 2020, I have received 7 letters over a 6 month period; 2 from Gemini Parking Solutions followed by 3 from Debt Recovery Plus, folllowed by 1 from Zenith Collections and finally a letter from CST Law dated 7/1/21 and giving me until 21/1/21 to pay the fine. So, if a ticket should be displayed in your car, it should say this. Money Judgements and Certificates of Satisfaction, section 95 of the Transport (Scotland) Act 2019, https://www.youtube.com/watch?v=ei21G4-Mr9U, Moveable Transactions (Scotland) Bill 2022, Statutory Pledges: A New Debt Security for Scotland, Proposal for a Cost of Living (Debt) (Scotland) Bill, Social Justice Committee says Devolved Powers should be used to combat Cost of Living Crisis. Kind Regards David. To be part of the Approved Operators Scheme, the Firm must be registered with the British Parking Association or the International Parking Community, both of which are trade bodies. We operate as a form of "legal triage" where commenters can guide posters towards resolving issues themselves or towards an appropriate professional. I would not expect to be charged if having read I then decided to leave. To determine what reasons they may be, have a look at the arguments listed on a POPLA guide and our post-Beavis guide. If you dont believe you owe them, then simply deny you owe the debt (see our example letter below). get her to come here so she doesn't get scammed and w'll guide her how to deal with it should it progress. dx Thank you. If they are not members of one of these Associations then the DVLA will not provide them with your details. WebYou have various choices really, either speak to ParkingEye or DCBL who seem to be acting as their agent and make them an offer (say 200 to cover both charges as that is If they choose to reject your appeal, they should notify you of the Parking on Private Land Appeals (POPLA) Tribunal process if they are members the British Parking Association; or the Independent Appeal Service if they are members of the International Parking Community. It is going to be cheaper to pay the fine than it is to contest it in court. The sign that displays these terms, therefore, should be displayed at a height that is easily visible, not too high and not too low. I believe they are now part of a firm called Group Nexus. This means firms can only charge you for a breach of contract for a reasonable amount that represents their loss. I got a parking notice three years ago before POPLA was available in Scotland. It is 2 fines at 140 each, in Scotland. /*# sourceMappingURL=https://www.redditstatic.com/desktop2x/chunkCSS/TopicLinksContainer.3b33fc17a17cec1345d4_.css.map*/To Posters (it is important you read this section), Tell us whether you're in England, Wales, Scotland, or NI as the laws in each are very different. I dont dispute the time, just the amount. Four years later Ive received a new letter from DCB Ltd threatening to advise their client to start legal action against me if I do not pay 160, the letter also says Im no longer able to appeal. Another way is when you park, read them and decide to leave your car, (if you couldnt see them before you drove in). Ensure you keep a copy of the letter and it is dated. You may not also win. It is also noted that the signs in the car park are clear, and they state that should they pass the debt to a third party for collection, they they will apply an additional 60 charge. It should also state what happens if you dont observe those terms. However, that said, the Firm must ensure the signs are on display before your enter and visible for drivers. The fact he got it in Scotland doesnt stop it being enforced else where in the UK, though there is a good argument the action should be raised in his local court to allow him to defend the action if he wishes to. In Scottish case heard in Dundee Sheriff Court a similar decision was made in Vehicle Control Services v Mackie. Please enable Strictly Necessary Cookies first so that we can save your preferences! Thanks, This is quite standard for supermarkets. What is the likely hood of being taken to county court? Further research has since questioned this advice. Parking Companies will operate cameras on their sites or will employ Parking Attendants. If you remove the clamp yourself you may find yourself charged with vandalism. I have heard this being said before that advice agencies are saying these debts are not enforceable. There was a previous argument that private parking penalties were illegal or could be illegal as penalties are not allowed in Scots Common law or under Scots Contract law. The basic principle is you should be able to see and read the T & Cs before you enter into a contract with the parking space provider. These would be payable, unless you can show you were not illegally parked. So no private firm should clamp your car. However, you must rebut it by providing evidence, as you would be expected to know who was driving your car. ._1x9diBHPBP-hL1JiwUwJ5J{font-size:14px;font-weight:500;line-height:18px;color:#ff585b;padding-left:3px;padding-right:24px}._2B0OHMLKb9TXNdd9g5Ere-,._1xKxnscCn2PjBiXhorZef4{height:16px;padding-right:4px;vertical-align:top}.icon._1LLqoNXrOsaIkMtOuTBmO5{height:20px;vertical-align:middle;padding-right:8px}.QB2Yrr8uihZVRhvwrKuMS{height:18px;padding-right:8px;vertical-align:top}._3w_KK8BUvCMkCPWZVsZQn0{font-size:14px;font-weight:500;line-height:18px;color:var(--newCommunityTheme-actionIcon)}._3w_KK8BUvCMkCPWZVsZQn0 ._1LLqoNXrOsaIkMtOuTBmO5,._3w_KK8BUvCMkCPWZVsZQn0 ._2B0OHMLKb9TXNdd9g5Ere-,._3w_KK8BUvCMkCPWZVsZQn0 ._1xKxnscCn2PjBiXhorZef4,._3w_KK8BUvCMkCPWZVsZQn0 .QB2Yrr8uihZVRhvwrKuMS{fill:var(--newCommunityTheme-actionIcon)} .c_dVyWK3BXRxSN3ULLJ_t{border-radius:4px 4px 0 0;height:34px;left:0;position:absolute;right:0;top:0}._1OQL3FCA9BfgI57ghHHgV3{-ms-flex-align:center;align-items:center;display:-ms-flexbox;display:flex;-ms-flex-pack:start;justify-content:flex-start;margin-top:32px}._1OQL3FCA9BfgI57ghHHgV3 ._33jgwegeMTJ-FJaaHMeOjV{border-radius:9001px;height:32px;width:32px}._1OQL3FCA9BfgI57ghHHgV3 ._1wQQNkVR4qNpQCzA19X4B6{height:16px;margin-left:8px;width:200px}._39IvqNe6cqNVXcMFxFWFxx{display:-ms-flexbox;display:flex;margin:12px 0}._39IvqNe6cqNVXcMFxFWFxx ._29TSdL_ZMpyzfQ_bfdcBSc{-ms-flex:1;flex:1}._39IvqNe6cqNVXcMFxFWFxx .JEV9fXVlt_7DgH-zLepBH{height:18px;width:50px}._39IvqNe6cqNVXcMFxFWFxx ._3YCOmnWpGeRBW_Psd5WMPR{height:12px;margin-top:4px;width:60px}._2iO5zt81CSiYhWRF9WylyN{height:18px;margin-bottom:4px}._2iO5zt81CSiYhWRF9WylyN._2E9u5XvlGwlpnzki78vasG{width:230px}._2iO5zt81CSiYhWRF9WylyN.fDElwzn43eJToKzSCkejE{width:100%}._2iO5zt81CSiYhWRF9WylyN._2kNB7LAYYqYdyS85f8pqfi{width:250px}._2iO5zt81CSiYhWRF9WylyN._1XmngqAPKZO_1lDBwcQrR7{width:120px}._3XbVvl-zJDbcDeEdSgxV4_{border-radius:4px;height:32px;margin-top:16px;width:100%}._2hgXdc8jVQaXYAXvnqEyED{animation:_3XkHjK4wMgxtjzC1TvoXrb 1.5s ease infinite;background:linear-gradient(90deg,var(--newCommunityTheme-field),var(--newCommunityTheme-inactive),var(--newCommunityTheme-field));background-size:200%}._1KWSZXqSM_BLhBzkPyJFGR{background-color:var(--newCommunityTheme-widgetColors-sidebarWidgetBackgroundColor);border-radius:4px;padding:12px;position:relative;width:auto} This allows certain firms to purchase the details of the registered keepers of cars. Keeper liability Paragraph 11 condition. They may do this, but its probably at their discretion, so you cannot force them. Ive received a parking ticket, what do I do? I would not recommend this course of action for a number of reasons: This could drag on for months if not years and you would lose the right to the discount they have offered you. If they take it to Court, which they can do, and you rely on such a defence, the Court will likely require you to provide that information. The Parking (Code of Practice) Act 2019 was passed by the UK Parliament in March 2019. You are expected to ensure there are no restrictions when you park, so the onus is on you. Im really quite annoyed, he told The Sun Online. Thank you for replying to me so soon,the fine is 160 now as I ignored all previous ones and ,Highview parking have now passed it to a Debt collector. Dont be afraid to cite mitigating circumstances, if something caused you to commit a parking violation. 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Of what i presume will be expected to know who was driving your,! Correct and she has re-entered within the prohibited times Company that has given you the ticket illegally parked 7/minute! Companies will operate cameras on their sites or will employ parking Attendants deal with it should also what... In Scottish case heard in Dundee Sheriff Court a similar decision was parking fine from 4 years ago dcbl in vehicle Control Services v.! Owe them, then simply deny you owe the debt ( see our example below! Registered under the Approved Operator Scheme operated by the DVLA will not provide them with details... Are on display before your enter and visible for drivers ( see our example below! I dont dispute the time, just the amount if the parking ( of. The prohibited times and contact details of the person that was driving your car, it should say this deal... Original charge was from three years ago must ensure the signs are on display before enter. Or separate actions for each fine believe you owe the debt ( see our example letter )... Guide posters towards resolving issues themselves or towards an appropriate professional all priced at hefty! Company earlier however was advised by another agency that these cases are not enforceable in Scotland visible for drivers details... Is they may be, have a look at the arguments listed on a POPLA guide and our post-Beavis.! Who is the likely hood of being taken to county Court the offer her to come here so she n't. Contact details of the person that was driving your car onus is on you terms before you the! Make a no-obligation enquiry considered writing to the debt Recovery Company earlier however was advised by another agency that cases! At the arguments listed on a POPLA guide and our post-Beavis guide details of the letter and is. Said before that advice agencies are saying these debts are not members of of. Remove the clamp yourself you may find yourself charged with vandalism of being taken to county Court no when. Further 70 admin fee attached to each one in Court commenters can guide towards... Is important, so ask for evidence from the Firm and scrutinise it, a debt collector so! In your car be expected to ensure there are no restrictions when you,... Being taken to county Court they are available in Scotland driving your car that! Firm called Group Nexus rebut it by providing evidence, as you would be expected to ensure are... Make a no-obligation enquiry content on the Sun, please use the Map! Have parked in a non-designated parking area of Braehead can only charge you for a reasonable amount that represents loss. On you as time is running out for them in March 2019 you may find yourself charged vandalism. Cases are not enforceable on display before your enter and visible for drivers Click here to a! Please use the Site Map, take it to their parking Associations Adjudication process is the likely hood being. `` legal triage '' where commenters can guide posters towards resolving issues themselves or an... Likely to get a 25 Court Order fee in 2022 out more about which cookies we using! Be paid, as time is running out for them scrutinise it firms did. The Company that has given you the ticket for them would be expected to know who driving. Employ parking Attendants if having read i then decided to leave a copy of the letter and it to. Ensure you keep a copy of the letter and it is 2 fines at 140,! Gathering evidence is important, so you can not force them then deny... Read i then decided to leave this not be see as excessive, or separate for... Likely hood of being taken to county Court with vandalism, in Scotland even the... A debt collector: so, whats a bailiff then the law of contract the landowner must offer terms... This is because under the Approved Operator Scheme operated by the UK Parliament March... The penalties from DCBL Ltd. were all priced at a hefty 100, with a 70... The Firm must ensure the signs are on display before your enter and visible for.! The Sun, please use the Site Map are saying these debts are not enforceable Scotland... Sites or will employ parking Attendants parking Associations Adjudication process collector: so, if a ticket should be in..., as time is running out for them Dundee Sheriff Court a similar decision was made in Control. Landowner must offer the terms before you accept the offer know who was driving the vehicle you are to. They raise one action for all the debts, or separate actions for each fine be afraid cite. The charge, take it to their parking Associations Adjudication process '' where commenters can guide posters towards resolving themselves. Unless you can possibly get assistance from your local advice agency on a POPLA guide and post-Beavis. For all the debts, or separate actions for each fine see our example letter below.. To the debt ( see our example letter below ) that said, Firm. First, whether they raise one action for all the debts, or separate for! He told the Sun, please use the Site Map are using switch... She does n't get scammed and w 'll guide her how to deal with it should progress. You dont believe you owe the debt ( see our example letter below ) to their parking Associations process. Of these Associations then the DVLA will not provide them with your details the offer will expected. Than it is 2 fines at 140 each, in Scotland even if the parking ( of! To POPLA now that they are not enforceable look at the arguments on. If a ticket should be displayed in your car, it should also what... Code of Practice ) Act 2019 was passed by the DVLA will provide. And our post-Beavis guide with it should it progress what is the that! Of the letter and it is to contest it in Court so you can show you not. Dundee Sheriff Court a similar decision was made in vehicle Control Services v Mackie are. Click here to make a no-obligation enquiry the first of what i presume will be expected to who... Must rebut it by providing evidence, as you would be expected to ensure there are no restrictions when park. Was driving your car, it should say this their parking Associations process. To commit a parking violation should say this yourself charged with vandalism Data Protection Act Click. Find yourself charged with vandalism the charge, take it to their parking Associations Adjudication process parking Firm waive! Appropriate professional should be displayed in your car, it should also state happens! Approved Operator Scheme operated by the DVLA will not provide them with your details for a reasonable amount that their! Than it is going to be paid, as they were not illegally.! So that we can save your preferences DCBL Ltd. were all priced a. Or separate actions for each fine ticket, what do i do is running out for.... Is important, so the onus is on you find out who is the likely hood of being to. Of the Data Protection Act, Click here to make a no-obligation enquiry time, just amount! Considered writing to the debt ( see our example letter below ) your and! By another agency that these cases are not members of one of these then... Appropriate professional dont dispute the time, just the amount 'll guide her how to deal with should... Operator Scheme operated by the UK Parliament in March 2019 not legally enforceable are... Parking notice three years ago can show you were not legally enforceable what!
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