Patricia Pearl - Small Claims Procedure - A Practical Guide


An excellent guide for the layperson in how to use the County Court - a must if you are intending to start a claim.

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Last Will and Testament Kit


Make a legally valid will without the fuss and expense of a solicitor - includes a full step-by-step guide.

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BAILIFFS - The Law and Your Rights

Written by John Kruse, one of the leading experts on Bailiff Law, this consumer friendly guide is essential reading for anyone who comes into contact with a bailiff.

The book is easy to understand and clearly explains the rights a bailiff has, and also what they cannot do when collecting debts and repossessing goods etc.

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Thread: LB Bromley PCN

  1. #1
    Tau Tau is offline
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    Default LB Bromley PCN

    Could someone advise if this pcnicon is compliant. Personally I dont think it is because of the ambiguity in the dates for service, if that makes sense.

    http://premium1.uploadit.org/Bikerman//Pen-charge.docx

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  2. #2
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    Default Re: LB Bromley PCN

    Firstly, why only part of it?

    Ambiguity? Not seeing any. Wording is compliant with Regs so far.
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    Default

    Quote Originally Posted by Tau View Post
    Could someone advise if this pcnicon is compliant. Personally I dont think it is because of the ambiguity in the dates for service, if that makes sense.

    http://premium1.uploadit.org/Bikerman//Pen-charge.docx
    I'm not sure about the ambiguity you are referring to. They give you 21 says from the date of service. AIUI the date of service will be the date of the notice plus 1 or 2 days (can't remember exactly what the presumption is.)

    However I think the notice is required to say date of service but !'m not 100% on that.


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    Default Re: LB Bromley PCN

    Quote Originally Posted by pin1onu View Post
    I'm not sure about the ambiguity you are referring to. They give you 21 says from the date of service. AIUI the date of service will be the date of the notice plus 1 or 2 days (can't remember exactly what the presumption is.)

    However I think the notice is required to say date of service but !'m not 100% on that.
    Absolutely not. To do so would make it ambiguous. They would be presumimg a date of service and hence prejudicing you.

    They could put a date of 'presumed' service as long as they then go on to inform you that it may be refuted.

    Regs actually say 2 working days unless the contrary is proven.

    By not putting anything they are fully compliant because the correct description of the 28 and 21 day periods is all that is mandatory.
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  5. #5
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    Default Re: LB Bromley PCN

    Im sure that I had seen a TFL notice that was worded the same and the general consensus was that it was not compliant because of the wording regarding the date of service.
    Did have a search around but couldnt find it.
    Sorry ambiguos was the wrong word to have used
    As it happens this took nearly a week to arrive assuming it was posted the same day as the date of notice.

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  6. #6
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    Default Re: LB Bromley PCN

    Quote Originally Posted by Tau View Post
    As it happens this took nearly a week to arrive assuming it was posted the same day as the date of notice.
    Very relevant - but problematical.

    This postal issue was discussed recently on another forum. Problem is that most authorities use bulk mailing systems. i had the same situation personally a few months back. The envelopes are never postmarked so useless.

    Point is, the law is very clear: Date of Notice must be the same as Date of Posting but quite how you go about proving it wasn't is beyond me.

    PS you still haven't shown the rest of the pcnicon? Try 'tinypic' this time for direct imaging please.
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Reclaim the Right Ltd. - reg.05783665 in the UK reg. office:- 923 Finchley Road London NW11 7PE