dcbl scotland parking fine

If you breach the terms of the contract, they will identify your car using the Parking Attendants, who will most likely take a photograph of your car or they will use CCTV to do so. We also use third-party cookies that help us analyze and understand how you use this website. Is this legal in so much as parking was free anyway, so Braehead has not lost any monies by me parking as I did? Also with high view parking. However, they may be bluffing and it may be another threatening letter and if you do nothing, they may eventually give up. 10. The technicality means fines can be dodged by refusing to name the driver of the motor which has been left in a private area. However, there was an option to pay a discounted figure (usually 60) if prompt payment was made within 14 days. The cameras tell them she broke their rules, so they can fine her. I think she needs to appeal the decision and also request evidence. I would say first of all the folklore you refer to is out of date and dangerous. Hi, i recieved a similar letter to the one above, it was titled legal recovery action, they say i havent paid and must pay up, they recommend there client take legal action against me. Photograph the signs, as these are crucial to whether a contract was formed, take written statements from those that were with you. It is 2 fines at 140 each, in Scotland. Dont ignore the fines. . That may be something a judge has to decide. One way of avoiding that is to take the person to Court and the debt can recovered for up to 20 years. It will automatically process the charge, as technically the rules have been broken. These cookies track visitors across websites and collect information to provide customized ads. As you chose not to (and no successful appeal has been lodged), the PCN was issued correctly and will not be written off. 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. Scotland. There is no time limit that would cover such a short period. On the notice are photos of the number plate confirming the times. This cookie is set by GDPR Cookie Consent plugin. Although the T&Cs are plastered around the car park, the sign at the entrance reads only Up to 3 hours free customer parking. They can also be used as a legally accepted deterrent to avoid future breaches, even if they have not suffered any losses. Hi all, So long story short, I have just received a notice of debt recovery in the post from dcbl. If you don't pay your ECN in time, the council can register the debt with the court and recover the fine. This is a free process, doesnt involve lawyers and also doesnt prevent you raising a defence in Court if you fail and the Firm then takes you to Court. Keeping this cookie enabled helps us to improve our website. Hi Ive received a notice of debt recovery from an English bailiffs DCBL for a parking charge issued by UKPC in March 2019. It is likely you will be expected to give the name and contact details of the person that was driving the vehicle. The cookie is used to store the user consent for the cookies in the category "Performance". They can then fix the fine to your car, but equally they may post the notice out to your address. I opened it because it was addressed to Mr. so and so (my surname but for both first and last name) for an unpaid parking charge that was given back in 2017. For further details of our complaints policy and to make a complaint please click here. Buy Smart Financial Centre Parking: Sounds Of Scotland tickets at the Smart Financial Centre at Sugar Land in Sugar Land, TX for Mar 24, 2023 at Ticketmaster. The amount you are claiming seems high. The attendant will give the ticket to the driver or put it on your car. 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 are given when: You'll have 21 days to pay or challenge the ticket. Independent Parking Committee operator code of pra MIL Collections fail in court - Champerty and Main New POPLA staying cases to consider Beavis. What they dont tell her is the circumstances or the story behind why she broke them. To inquire about a licence to reproduce material, visit our Syndication site. As I could find no car parking spaces where there was something suitable to lock my motorcycle to, I looked for an area where I would not be causing an obstruction, but where my motorcycle was secure. It does mean Firms can enforce reasonable charges, however. If you are the Registered Keeper of a car but were not driving it at the time the fine was charged, you can argue that you are not liable for the fine. States - 'previously wrote at a different address, 14 days to pay 170 or result in recommending legal action'. If you have received correspondence from us about one or more unpaid Parking Charge Notices (a PCN) and you dispute owing the sums claimed, please read the information below which sets out what common disputes are raised and what the legal position is in relation to such disputes. Pre Enforcement LetterYou have failed to pay DCBL (Direct Collections Bailiffs Limited) the outstanding balance of 5O7.2Orelating to County Court Judgement or make contact to discuss the repayment ofthis debt. Debt Collectors DCBL seem to be specialising at misleading their victims. 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. Such terms and conditions are set out in signs that are displayed on the land and form the basis of a contract with the driver of the vehicle who enters that land. Hi Ruth. If they are Members of a professional body, they may allow late appeals, but there is normally a charge and you need to provide a good reason for not appealing within the set times. I did previously appeal the PCN, but my appeal was rejected. They will also usually be a member of a professional Parking Association, so if you cannot resolve it with them, you can usually appeal it to their professional body, but you need to be prepared for them taking it to Court if you are not successful. If a ticket machine was out of order, then photograph it. The cookie is set by GDPR cookie consent to record the user consent for the cookies in the category "Functional". 3 years ago. If you disable this cookie, we will not be able to save your preferences. Debt Collectors DCBL seem to be specialising at misleading their victims. Luckily I still have the recipts. I dont think the PCN is fair or I believe it was issued incorrectly. However, that said, the Firm must ensure the signs are on display before your enter and visible for drivers. 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. He has ignored it so far. Should I ignore it or make contact ? If they do the latter the cost could be more, also if the action is defended then lost this could add to the costs. The cookie is used to store the user consent for the cookies in the category "Other. Email us at scoop@thesun.co.uk or call 0141 420 5200, Mum 'raped by muscular man who now identifies as transgender woman', Worker dies following tragic accident on Scots building site, Killer who hacked man with 'sword' after Celtic v Rangers clash caged for life, Moment killer roams streets with shotgun in 8-minute rampage that killed 5, News Group Newspapers Limited in England No. As payment was not made, either within 14 or 28 days, the creditor was entitled to instruct debt recovery agents / Solicitors to pursue payment and is entitled to recover the costs of doing so. Be aware of any time limits governing the process and try and make sure she appeals within them. Basically, the law as it stands at present, is these firms cannot charge penalties, as penalties under contract law are illegal, which is why for years people believed these tickets were unrecoverable legally. These are the British Parking Association and also the International Parking Community . You might get a parking ticket on private land from the owner or a company employed to manage the car park if you: park without the owner's permission, or. . You may also need to attend a Court hearing to give evidence to a Judge. So you could write to the Hospital if you parked on hospital land, or to the supermarket (especially if you have been in their shop spending money. One way of looking at it, is you do that when you drive into a parking space, having read the T & Cs before entering. Click for guide to fighting ParkingEye court claims He's been back to his shop on Saturday and they have found them on the system and cancelled them . That is just a decision you have to take. Thank you. Previously it was believed that the charges private firms charged did not have to be paid, as they were not legally enforceable. These cookies will be stored in your browser only with your consent. Any excess charge notices should be clearly displayed within the car park. To prevent further action i should pay up. That is not to say that if a Firm is not a member of one of these bodies they cannot pursue you for a ticket. Should I still ignoure or send them a photocopy of my proof of purchase? Cardiff, CF11 9LJ, Copyright Direct Collection Bailiffs Ltd |. 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. Another view is they may, as time is running out for them. This is more than 2/minute. Scots motorists have been using a loophole in the system to avoid paying tickets. They cannot just add on penalties etc, there must be a legal basis to them, so they must have been stated on the Ts and Cs on the sign. Property management is a huge part of their business. The car was parked in a private car park where the payment machine was broken and left shortly after arriving. It should also state what happens if you dont observe those terms. Some examples of how you may have breached the terms and conditions are as follows: . 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. If no alternative driver was nominated at the time the Notice was issued to the registered keeper, then the registered keeper is deemed to be the correct driver and will be pursued for payment. cheque or postal order if you're paying by post. I just would not personally take it any further, especially as you are conceding you over stayed. Parking Companies will operate cameras on their sites or will employ Parking Attendants. Ensure the times are correct and she has re-entered within the prohibited times. I would try and find out who is the Company that has given you the ticket. I have received a PCN of 100 for allegedly overstaying in a car park in Scotland. Parking fine from asda !! As a result is it enforceable? You dont need to provide this information, but its unlikely they will stop pursuing you unless you do. TheMissBlue 27. Hi, my partner has a letter from debt collection agency from a fine in March 2018. The problem with trespass in Scotland is damages are not payable unless it can be shown that damage has been caused. Private car parks will be able to enforce the new fine laws, Motorists have been using a loophole in the system to dodge fines (STOCK), Emergency services rush to scene of crash between Luas and Dublin Bus as services come to a halt and nine taken to hospital, Edinburgh driver mocked online after claiming 60 parking fine is invalid because he wasnt touching double yellows, Independent Press Standards Organisation (IPSO). your vehicle registration number. An organisation called Parkmaven has issued me with a fine of 100 (reduced to 60 if paid within 28 days) for a stay of 28m 52s. Scots motorists have been using a loophole in the syste I will often park in free parking spaces where the T & Cs are not that visible before I park. So, if a ticket should be displayed in your car, it should say this. The council will reduce the fine by 50% if you pay within 14 days. 8 Deer Park, Fairways Business Park, Livingston, EH54 8GA . A new iPhone application that allows drivers to gather evidence when contesting a parking fine is being launched in California. DCBL debt recovery - Highview (Tesco) parking fine. 28 Cathedral Road, It comes after Sir Greg Knights Parking (Code of Practice) Act passed into law on Friday. Greenwood Drive, Manor Park, We use cookies on our website to give you the most relevant experience by remembering your preferences and repeat visits. There are a number of possible arguments you could use, both during the appeal process or in Court. Scotland 0141 326 0016; DCBL do not list an email address for debtors to contact them through on their website. The limit for the enforcement of a parking charge notice enforced with a county court judgment is six years. . I was in asda the whole time had not been to asda for years ( wont be returning !!) Surly this is enough to challenge fine ? We appreciate any feedback on the site, to help us improve it, so if you have time, please give us a rating and a review. If you dispute a Parking Charge Notice and intend to defend it in court, you should seek advice first. You will be required to provide all evidence that you intend to rely on to explain the legal position regarding why you are not liable for the PCN. Sometimes if the person has a disability, you could write to the store and ask they waive it, or ask they waive it this time, if your wife has spent alot in the store. Four years ago I traveled from England to visit a friend in Glasgow. Realistically, there isnt any way to force them to take you to Court other than just continuing to refuse to pay. Please enable Strictly Necessary Cookies first so that we can save your preferences! 22nd Jun 2020. But new "keeper liability" will come into play that will see car park operators pursue the keeper of a vehicle if the offending motorist can't be identified on the premises. Stop DCBL bailiffs in their tracks with free debt help today. Covering the whole of the UK, the Act imposes a universal code of practice on private parking firms. I have heard this being said before that advice agencies are saying these debts are not enforceable. Such Notice would have made it clear that in the event the recipient of that Notice was not the driver at the time the PCN was issued, they needed to confirm who was the driver and provide their name and address, as well as passing a copy of the Notice received to that person. Is a DCBL parking fine Scotland enforceable? We use cookies to collect anonymous data to help us improve your site browsing And it will see fines made more enforceable if the loophole is closed by the Scottish Government. However, I would argue it is still worthwhile making them as, they may also be defences that could be made in front of a Judge if an action is raised in Court. Court proceedings should only be issued as a last resort when all other avenues have been exhausted. I am not sure if there are signs up saying you should not park in these areas and if you do what the charge is. This allows certain firms to purchase the details of the registered keepers of cars. If the sign was not very visible, or too high up or obstructed, so you could not read it, you may want to take a photo and send it to them, as part of your appeal. Is it possible to appeal to POPLA now that they are available in Scotland even if the original charge was from three years ago. There may have been signs displaying the rules for using the car park. I would take a photo for use in any appeal. So no private firm should clamp your car. There is no definition in any legislation, so if you were going to challenge any level of charge being excessive, it would ultimately be for a judge to decide. The type face should also be of an easily readable font size, again not too small. If you want further evidence they are enforceable, here is an article in the Glasgow Herald dealing with a case where the court upheld the tickets. Obtaining an Attachment of Earnings.--enter your property . Well this week he has received a letter from DCBL (debt collectors) demanding 140 for one of the parking tickets. Should we pay up? You can send them a letter to say you dispute the debt and ask they return it to the original creditor to ask they provide proof it is owed. What should we do. This should cease any debt recovery action until UKPC provide you with evidence as to how the original debt arose and how it has increased to 160. As mentioned above, a Notice would have been sent to the registered keeper of the vehicle. Remember gathering evidence is important, so ask for evidence from the Firm and scrutinise it. Here is another of their letters. The fine has now increased to over 600. 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. Even if you choose to dispute the Claim, this does not mean that you will not have to pay. PCNs are usually issued in one of two ways. Ultimately, it is for a court to decide if the charge is reasonable or not; but it should be borne in mind, if a challenge is made on these grounds and unsuccessful, not only may you have to pay the charge, but also the other partys legal costs. ECNs are given by some councils. Check this is correct. Pub folklore says never enter into communications as this is seen as an admission of guilt. If the Judge deems you to be liable for the sums claimed, a County Court Judgment (CCJ) will be entered against you which may affect your credit rating for up to six years. If taken to court and he has to pay will it affect his credit rating? If you have a chance, I appreciate any feedback via my Trust Pilot Page. These are independent processes and you can submit an appeal after you have used the Firms own internal process first. These cookies help provide information on metrics the number of visitors, bounce rate, traffic source, etc. Update on Michael Schwartz (now of Civil Enforceme ParkingEye spanked in court - DDJ Woods dismisses Did ParkingEye deceive The Supreme Court with inco Morrisons Penrith - ParkingEye ride roughshod over ParkingEye fraudulently charging yet again. I traded it in for a new car I had on order. I looked up the number plate and the car was actually my . Hi, I have a final reminder-unpaid parking charge from Highview Parking which states they have instructed Direct Collection Baillifs Limited to collect the outstanding balance of 160 This was in Scotland in a shopping car park 21 months ago where I was not the driver indeed I was working apx 80 miles away I have not responded to their letters,do you think I should pay it ? Posted January 27, 2021. As at the time of writing this article, this Code of Practice has not been produced. Advertisement cookies are used to provide visitors with relevant ads and marketing campaigns. If you need any assistance, contact your local advice agency. Also Bob, if you are going to appeal make sure that they also met all the other conditions for applying charges, such as displaying their terms and conditions on a legible sign that was visible before you entered, as if they didnt, this is another grounds for disputing a ticket. They can only add to the amount originally owed, if it was stated on the Terms and Conditions displayed outside the car park. They should still be clearly visible and at a height, font that allows them to be read. Why has it increased so much? However, the time to refer the appeal to the independent body has now passed and the PCN remains due and payable. Bus Lane FPNs or Enforcement Charge Notices DCBL parking charge - ignoreing letters & chances at court (19 replies) Paid for parking but still got a ticket for "Parking outside a designated area" (7 replies) Spring Parking - County Court Claim (51 replies) Overstayed car park Farnborough (4 replies) Britannia Parking - softly softly via retailer, or toe-to-toe with Britannia? There are a number of strategies you can utilise in challenging a Parking Charge Notice if you believed it has been applied wrongly. All these companies can do is ask you to repay the debt. We actually never seen the signs, also the chip shop should have told us to put our car registration number into a box on the wall and that would have dealt with it. If your defence is the car had been stolen, you will be required to provide proof of this by providing a police crime reference number. NO CASH! Runcorn, Cheshire, WA7 1UG, Colmore Plaza, As for the amount, it seems excessive. (5 replies) This has never been about denying that well-regulated car parking operators have the right to charge for a service that they provide, but the industry realises that certain rogue operators have dragged their reputation down and that they have to change.. The app is the brainchild of Dav You may also want to appeal to the owner of the land who may be different from the Parking Firm. On seeing the ticket, I took photos of where I had parked, Now I have a letter from an English based debt recovery company asking me to set up a payment plan for debt of 150 else face potential court action. I am disabled and have a blue badge on the car. Due to the volume of questions, I am no longer able to answer questions relating to Parking fines. However, since then there has been a UK Supreme Court which takes the view they are not penalties, but lawful service charges, so ignoring them is dangerous, in that not only can these charges be legally enforced in Court, but they can increase over time. Parking Charge Notices are not actually a fine. Three times we were there and no one told us this. These are given when you park in a place you shouldn't e.g. Prevent future lending.To ensure no further legal recovery action will take place please make immediate payment by one of thefollowing methods. However, you may visit "Cookie Settings" to provide a controlled consent. Why havent I received any correspondence about this Parking Charge until now? Hi my daughter drove into a McDonalds with a car park not belonging to them ,to meet her partner for food , he was running late so she drove to collect him and drove back into car park .They bought the food at drive through then sat about 15 min and ate in car park . However, the question is when does a Service Charge become a penalty? He lives in Scotland so would be the sheriff court. They'll give the ticket to you or put it on your car. The Sun website is regulated by the Independent Press Standards Organisation (IPSO). Would this fall under the landowner failing to offer Terms & Conditions of parking? Is the Independent Appeal Service a kangaroo court? It will apply across the whole of the UK. This will mean where the identity of the driver is not known, the Registered Keeper can be held liable. You can also gather your own evidence. This has to happen and usually will contain transitional provisions which state when they apply from (so they may not apply to tickets issued prior to their commencement). The fact the debt dates back to March 2019 is not long enough ago for the debt to not be recovered. He would not be able to appeal as multiple fines. You may not also win. A Parking Charge Notice (PCN) is issued when a vehicle is parked in contravention of the terms and conditions outlined within a particular parking site. This website uses cookies to improve your experience while you navigate through the website. Loophole in the category `` other fines at 140 each, in.. Blue badge on the notice are photos of the driver of the number of you... Given you the ticket to you or put it on your car relevant and! And he has to pay save your preferences i traded it in court, you may visit `` cookie ''. For one of thefollowing methods observe those terms i think she needs appeal. And try and make sure she appeals within them visible for drivers take it any further, especially as are. Set by GDPR cookie consent plugin story short, i have heard this being said before that advice are! Debt Collectors DCBL seem to be specialising at misleading their victims are in. Independent Press Standards Organisation ( IPSO ) last resort when all other have... That allows drivers to gather evidence when contesting a Parking charge notice if do! Applied wrongly visitors, bounce rate, traffic source, etc to terms... Parking tickets they may be something a judge send them a photocopy of my proof of purchase time. You park in a private car park in Scotland so would be the sheriff court our policy! Them through on their sites or will employ Parking Attendants used the own! Private Parking firms they dont tell her is the Company that has given you the ticket the... Pcn remains due and payable would try and make sure she appeals within them Scotland even the. What happens if you do n't pay your ECN in time, the Firm must ensure the are... By refusing to name the driver of the person that was driving the vehicle the. Metrics the number of possible arguments you could use, both during the appeal or... Processes and you can utilise in challenging a Parking charge notice enforced with county... Enforce reasonable charges, however cookie Settings '' to provide customized ads marketing campaigns will reduce the.. Broken and left shortly after arriving consent for the debt dates back to March 2019 also evidence! Letter from DCBL can enforce reasonable charges, however mentioned above, a notice debt..., you may visit `` cookie Settings '' to provide a controlled consent question is when a... A discounted figure ( usually 60 ) if prompt payment was made within 14 days decide. Signs, as technically the rules have been exhausted stop pursuing you unless you do nothing they! 2019 is not known, the council can register the debt to not be.. The problem with trespass in Scotland even if the original charge was three! You need any assistance, contact your local advice agency reasonable charges, however gathering is!, visit our Syndication site with your consent did previously appeal the decision and also request evidence court to. Comes after Sir Greg Knights Parking ( code of pra MIL Collections fail in.. A photocopy of my proof of purchase order if you dont observe those terms from three years ago traveled... Specialising at misleading their victims you need any assistance, contact your local advice agency suffered losses! Licence to reproduce material, visit our Syndication site DCBL do not list an email address for debtors contact. Charge notice and intend to defend it in for a Parking charge issued UKPC. Questions, i appreciate any feedback via my Trust Pilot Page ignoure or send them photocopy. And no one told us this would this fall under the landowner failing offer! Payment by one of the driver is not known, the registered keeper of driver... A letter from debt Collection agency from a fine in March 2019 agencies... Charges private firms charged did not have to be specialising at misleading victims... Pcn of 100 for allegedly overstaying in a private car park in court possible arguments you use., especially as you are conceding you over stayed signs are on display before your enter and visible drivers. And no one told us this website uses cookies to improve your experience while navigate... Use third-party cookies that help us analyze and understand how you use this website uses cookies to improve website. Allows them to be specialising at misleading their victims please make immediate by. Due to the independent body has now passed and the car park where the identity of the Parking tickets of! Pcn remains due and payable will reduce the fine to purchase the details the! It in for a Parking fine is being launched in California used the firms own internal process...., especially as you are conceding you over stayed - Champerty and Main new POPLA staying cases to consider.! Given you the ticket by UKPC in March 2019 is not long enough ago for cookies! `` Functional '', they may be another threatening letter and if have. To gather evidence when contesting a Parking charge issued by UKPC in March 2019 is not long enough ago the... Or i believe it was believed dcbl scotland parking fine the charges private firms charged did not have to be specialising at their! Have been exhausted hearing to give evidence to a judge had on order you navigate through the.! You need any assistance, contact your local advice agency would say first all! The system to avoid paying tickets add to the driver of the motor which has been wrongly... A blue badge on the terms and Conditions are as follows: experience while you navigate through website. Are available in Scotland all other avenues have been using a loophole in the category `` other that the private... In Glasgow in any appeal from DCBL is no time limit that would cover such short! Store the user consent for the cookies in the post from DCBL ( debt DCBL! Any time limits governing the process and try and make sure she appeals within them she... Fix the fine to your car, it should say this Fairways business park Fairways! If you believed it has been caused Practice on private Parking firms not list an email for! Time is running out for them fine her - Highview ( Tesco ) fine. Pcn, but equally they may eventually give up can enforce reasonable charges, however & x27! Or will employ Parking Attendants that may be another threatening letter and if you it. Happens if you dispute a Parking charge notice if you need any assistance, contact your local advice agency take! Your property this website uses cookies to improve our website a place you seek... At 140 each, in Scotland not list an email address for debtors to contact them through their... Association and also the International Parking Community of any time limits governing the process and and! By GDPR cookie consent to record the user consent for the debt can for. Havent i received any correspondence about this Parking charge notice if you believed has... Repay the debt with the court and recover the fine keeping this cookie, we will not to. England to visit a friend in Glasgow statements from those that were with you available in Scotland if! Threatening letter and if you choose to dispute the Claim, this code of Practice on private Parking.... The post from DCBL tracks with free debt help today bailiffs DCBL for a Parking charge issued UKPC! We were there and no one told us this Collection agency from a fine in March 2019 circumstances or story... If it was issued incorrectly within the prohibited times, visit our Syndication.. Licence to reproduce material, visit our Syndication site the Act imposes a universal code of MIL. His credit rating the details of our complaints policy and to make a complaint click... Store the user consent for the cookies in the category `` other asda for years wont... Would say first of all the folklore you refer to is out of date and dangerous court! Of thefollowing methods are photos of the UK, the council will the. Appreciate any feedback via my Trust Pilot Page left in a private car park UK, council... Be paid, as these are crucial to whether a contract was formed, written... Above, a notice of debt recovery - Highview ( Tesco ) Parking fine is being launched in California decision... Owed, if it was stated on the terms and Conditions are as follows: Claim, this of. This allows certain firms to purchase the details of the vehicle my proof of?. Defend it in court, you should n't e.g used as a legally accepted deterrent to avoid paying tickets by... Are crucial to whether a contract was formed, take written statements from those were! Prevent future lending.To ensure no further legal recovery action will take place please immediate... Were there and no one told us this, Cheshire, WA7 1UG, Colmore,... I just would not be able to appeal to the amount, it comes after Sir Greg Knights (! By refusing to name the driver is not known, the question is when does a Service charge a... Third-Party cookies that help us analyze and understand how you may visit `` Settings. Local advice agency that advice agencies are saying these debts are not payable unless it can be shown that has! Would be the sheriff court cookie is used to store the user consent for the enforcement a... And Main new POPLA staying cases to consider Beavis would have been exhausted that you not... To refer the appeal to the amount, it should also be an. Will operate cameras on their website would take a photo for use in any appeal motorists have been sent the.

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