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    • I understand confusion with this thread.  I tried to keep threads separate because there have been so many angles.    But a team member merged them all.  This is why it's hard to keep track. This forum exists to help little people fight injustice - however big or small.  Im here to try get a decent resolution. Not to give in to the ' big boys'. My "matter' became complicated 'matters' simply because a lender refused to sell a property. What can I say?  I'll try in a nutshell to give an overview: There's a long lease property. I originally bought it short lease with a s.146 on it from original freeholder.  I had no concerns. So lender should have been able to sell a well-maintained lovely long lease property.  The property was great. The issue is not the property.  Economy, sdlt increases, elections, brexit, covid, interest hikes etc didn't help.  The issue is simple - the lender wanted to keep it.    Before repo I offered to clear my loan.  I was a bit short and lender refused.  They said (recorded) they thought the property was worth much more and they were happy to keep accruing interest (in their benefit) until it reached a point where they felt they could repo and still easily quickly sell to get their £s back.  This was a mistake.  The market was (and is) tough.   2y later the lender ceo bid the same sum to buy the property for himself. He'd rejected higher offers in the intervening period whilst accruing interest. I had the property under offer to a fantastic niche buyer but lender rushed to repo and buyer got spooked and walked.  It had taken a long time to find such a lucrative buyer.  A sale which would have resulted in £s and another asset for me. Post repo lender had 1 offer immediately.  But dragged out the process for >1y - allegedly trying to get other offers. But disclosure shows there was only one valid buyer. Lender appointed receiver (after 4 months) - simply to try acquire the freehold.  He used his powers as receiver to use me, as leaseholder, to serve notice on freeholders.  Legally that failed. Meanwhile lender failed to secure property - and squatters got in (3 times).  And they failed to maintain it.  So freeholders served a dilapidations notice (external) - on me as leaseholder (cc-ed to lender).   (That's how it works legally) I don't own the freehold.  But I am a trustee and have to do right by the freeholders.  This is where matters got/ get complicated.  And probably lose most caggers.   Lawyers got involved for the freeholders to firstly void the receiver enfranchisement notice. Secondly, to serve the dilapidations notice.  The lack of maintenance was in breach of lease and had to be served to protect fh asset. The lender did no repairs. They said a buyer would undertake them. Which was probably correct. If they had sold. After 1y lender finally agreed to sell to the 1st offeror and contracts went with lawyers.  Within 1 month lender reneged.  Lender tried to suggest buyer walked. Evidence shows he/ his lawyers continued trying to exchange (cash) for 4 months.  Evidence shows lender and receiver strategy had been to renege and for ceo to take control.   I still think that's their plan. Lender then stupidly chose to pretty much bulldoze the property.  Other stuff was going on in the background. After repo I was in touch by phone and email and lender knew post got to me.   Despite this, after about 10 months (before and then during covid), they deliberately sent SDs and eventually a B petition to an incorrect address and an obscure small court.  They never served me properly.  (In hindsight I understand they hoped to get a backdoor B - so they could keep the property that way.)  Eventually the random court told them to email me by way of service.  At this point their ruse to make me B failed.  I got a lawyer (friend paid). The B petition was struck out. They’d failed to include the property as an asset. They were in breach of insolvency rules. Simultaneously the receiver again appointed lawyers to act on my behalf as leaseholder. This time to serve notice on the freeholders for a lease extension.  He had hoped to try and vary the strict lease. Evidence shows the already long length of lease wasn't an issue.  The lender obviously hoped to get round their lack of permission to do works (which they were already doing) by hoping to remove the strict clauses that prevent leaseholder doing alterations.   The extension created a new legal angle for me to deal with.  I had to act as trustee for freeholders against me as leaseholder/ the receiver.  Inconsistencies and incompetence by receiver lawyers dragged this out 3y.  It still isn't properly resolved.  Meanwhile - going back to the the works the lender undertook. The works were consciously in breach of lease.  The lender hadn't remedied the breaches listed in the dilapidations notice.  They destroyed the property.  The trustees compiled all evidence.  The freeholders lawyers then served a forfeiture notice. This notice started a different legal battle. I was acting for the freeholders against what the lender had done on my behalf as leaseholder.  This legal battle took 3y to resolve. The simple exit would have been for lender to sell. A simple agreement to remedy the breaches and recompense the freeholders in compensation - and there's have been clean title to sell.  That option was proposed to them.   This happened by way of mediation for all parties 2y ago.  A resolution option was put forward and in principle agreed.  But immediately after the lender lawyers failed to engage.  A hard lesson to learn - mediation cannot be referred to in court. It's considered w/o prejudice. The steps they took have made no difference to their ability to sell the property.  Almost 3y since they finished works they still haven't sold. ** ** I followed up some leads myself.  A qualified cash buyer offered me a substantial sum.  The lender and receiver both refused it.   I found another offer in disclosure.  6 months later someone had apparently offered a substantial sum via an agent.  The receiver again rejected it.  The problem of course was that the agent had inflated the market price to get the business. But no-one was or is ever going to offer their list price.  Yet the receiver wanted/wants to hold out for the list price.  Which means 1y later not only has it not sold - disclosure shows few viewings and zero interest.  It's transparently over-priced.  And tarnished. For those asking why I don't give up - I couldn't/ can't.  Firstly I have fiduciary duties as a trustee. Secondly, legal advice indicates I (as leaseholder) could succeed with a large compensation claim v the lender.  Also - I started a claim v my old lawyer and the firm immediately reimbursed some £s. That was encouraging.  And a sign to continue.  So I'm going for compensation.  I had finance in place (via friend) to do a deal and take the property back off the lender - and that lawyer messed up bad.   He should have done a deal.  Instead further years have been wasted.   Maybe I only get back my lost savings - but that will be a result.   If I can add some kind of complaint/ claim v the receiver's conscious impropriety I will do so.   I have been left with nothing - so fighting for something is worth it. The lender wants to talk re a form of settlement.  Similar to my proposal 2y ago.  I have a pretty clear idea of what that means to me.  This is exactly why I do not give up.  And why I continue to ask for snippets of advice/ pointers on cag.  
    • It was all my own work based on my previous emails to P2G which Bank has seen.
    • I was referring to #415 where you wrote "I was forced to try to sell - and couldn't." . And nearer the start in #79 .. "I couldn't sell.  I had an incredibly valuable asset. Huge equity.  But the interest accrued / the property market suffered and I couldn't find a buyer even at a level just to clear the debt." In #194 you said you'd tried to sell for four years.  The reason for these points is that a lot of the claims against for example your surveyor, solicitor, broker, the lender and now the receiver are mainly founded in a belief that they should have been able to do something but did not. Things that might seem self evident to you but not necessarily to others. Pressing these claims may well need a bit more hard evidence, rather than an appeal to common sense. Can you show evidence of similar properties, with similar freehold issues, selling readily? And solid reasons why the lender should have been able to sell when you couldn't.
    • You can use a family's address.   The only caveat is for the final hearing you'd need to be there in person   HOWEVER i'd expect them to pay if its only £200 because costs of attending will be higher than that
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Parked at a dropped footway [Code: 27]


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I had a ticket on my windscreen of my vehicle on 12/07/08 whilst I was a work for being parked at a dropped footway, Contravention Code 27

 

Where I was parked was an entrance/exit for a private car park but it had metal posts concreted into the entrance so in otherwords it was unused

 

There were double yellow lines on the road but not within the bit where my car was parked, there is also no signs up around the area where I had parked

 

There were yellow dropped curbs that cross the area where my car was parked

 

The ticket states that my Tax disk was obscured when I know that to be false as I have one of them aluminium holder fixed to the lower nearsisde part of my windscreen, (the correct place for tax disks)

 

Have I got any grounds as with regards to no signs being in the area, or my ticket saying my tax was obscured?

 

I was thinking if they have photos of my vehicle as they always take photos then there would be a conflict between my vehicle and the ticket as in the photo my tax would be clearly displayed

 

This is a £120 fine, or £60 payable within 14 days and printed out on by computer from Barking & Dagenham Council

 

Thanks for you help if you are able to offer some advice (except do not park there again)

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You can only park across a drop kerb if loading or with the permission of the landowner/occupier of property the crossover leads to. The CEO will record your serial number off the tax disc not the disc itself so it may be a case of the holder was obscuring the serial number (at the top of disc) having said that the tax disc is not really relevant these days as photos are usually taken as additional proof it was your car.

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there are other exemptions rather than the ones G&M chose to "only" include.

have a look at

Traffic Management Act 2004 (c. 18) - Statute Law Database

 

Only (true meaning of "only" this time) you know the full circumstances and whether any of these other exemption apply in your case. I suggest you read S86 of the Act linked above in case any of them do

.

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I wouldn't give up just yet. You said the posts were concreted so you have nothing to lose, so why not write a letter making informal representations pointing this out. By making the informal reps the local authority will usually extend the time you have to settle at the reduced figure.I would also suggest you got to pepipoo.com and post in their parking section on this one as well. You don't have to listen to posters like Green and Mean (the champion of the local authorities).

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Thanks but ive already paid it now, but I cant see how the posts will be able to negate the fact I was still parked across a dropped footway, I knew I was in the wrong to start with but it was worth a try to look into it.

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If the posts had were permanent and meant that the dropped footway could not be used then that would be a point worth taking up, but it is moot as you have decided to pay.

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If the posts had were permanent and meant that the dropped footway could not be used then that would be a point worth taking up, but it is moot as you have decided to pay.

 

What the crossover owner does with the access is not relevant as far as the contravention is concerned and would not be grounds for appeal unless the drop kerb had been revoked.

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What the crossover owner does with the access is not relevant as far as the contravention is concerned and would not be grounds for appeal unless the drop kerb had been revoked.

 

In your opinion of course:rolleyes:

 

Wouldn't the cross over owner in this instance be the local authority? And if the crossover is no longer in use why should it be enforced? Surely the local authority should be revoking it as soon as it's status changes, rather than leaving it and allowing their CEOs to rack up additional revenue.

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In your opinion of course:rolleyes:

 

Wouldn't the cross over owner in this instance be the local authority? And if the crossover is no longer in use why should it be enforced? Surely the local authority should be revoking it as soon as it's status changes, rather than leaving it and allowing their CEOs to rack up additional revenue.

 

Its not my 'opinion' its the law. I could put posts across my drive and then still drive my motorcycle in and out. You can also get steel posts that can be removed to allow access. It is not for the driver to decide if the drive is used or not as far as the law is concerned. The owner of the 'private' car park would be the only person who could give permission to park. My neighbours garage is covered with ivy and never used as he does not have a car but it would not give me a legal right to park across his drive.

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  • 1 year later...

I have been given a fine of £120 for parking outside Youngs Chineese in Barking on a double yellow, fair enough I deserved it, what I am baffled with is that I too like you have been slapped with a fine for having an obscured tax disc. I pay my car tax regularly why on earth would I want to obscure it, like you my car was parked in Barking I think its terrible, I have sent an email challenging their decision to give me a fine for an obscured tax disc which is showing the reg number the date it runs out, I just dont understand I can understand if the tax disc was obscured from inside by myself but it isnt.:-x

I have been told that even the police dont fine you for obscured tax discs I have asked them to produce a photograph so I can see where it was obscured.

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I have been given a fine of £120 for parking outside Youngs Chineese in Barking on a double yellow, fair enough I deserved it, what I am baffled with is that I too like you have been slapped with a fine for having an obscured tax disc. I pay my car tax regularly why on earth would I want to obscure it, like you my car was parked in Barking I think its terrible, I have sent an email challenging their decision to give me a fine for an obscured tax disc which is showing the reg number the date it runs out, I just dont understand I can understand if the tax disc was obscured from inside by myself but it isnt.:-x

I have been told that even the police dont fine you for obscured tax discs I have asked them to produce a photograph so I can see where it was obscured.

 

You said the fine was for parking on double yellow lines where did you get the fine for obscured tax?

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I suspect that what has happened is that where the CEO was expected to key in tax disc details they have keyed in "obscured" or similar and that is what is causing the confusion.

********************************************

Nothing in this post constitutes "advice" which I may not, in any event, be qualified to provide.

The only interpretation permitted on this post (or any others I may have made) is that this is what I would personally consider doing in the circumstances discussed. Each and every reader of this post or any other I may have made must take responsibility for forming their own view and making their own decision.

I receive an unwieldy number of private messages. I am happy to respond to messages posted on open forum but am unable to respond to private messages, seeking advice, when the substance of that message should properly be on the open forum.

Many thanks for your assistance and understanding on this.

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I suspect that what has happened is that where the CEO was expected to key in tax disc details they have keyed in "obscured" or similar and that is what is causing the confusion.

 

Agreed.......hardly confusing though unless he also thinks the PCN is for having a 'Blue Ford' or whatever is stated on the PCN. :)

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reply to green and mean, I got the ticket for being parked on a double yellow line and on the same ticket he did me for having an obscured tax disc as well, which is total rubbish, my tax is within date and the description silver grand cherokee is clearly stated on the tax disc which is what my car is.

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Can you stick a copy of the penalty charge up here (blank out identifying info) and someone will confirm exactly what the fine is for.

 

Your statement "I have sent an email challenging their decision to give me a fine for an obscured tax disc which is showing the reg number the date it runs out" suggests it was partly obscured, and you know which bits of it were showing. Is this the case? (You can tell us!!)

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