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    • I spoke to a pro-bono entity this afternoon.  They advise I must initiate a claim in the court v the receiver if I want to then file an application for an order for sale.  I must have a claim/ proceedings to be able to force a sale. The judge in the current proceedings  has told me that I cannot force the lender to sell and the lender cannot interfere either.   If the receiver isn't acting correctly and isn't selling - this means I must make a claim against the receiver
    • Thanks Dave It's not too far away, about 8 or 9 miles, so I will probably venture over on my bike if I can't think of a good reason to drive there again! I'll have a chat with Mrs GB_Joe tomorrow and see which shops they visited, I know M&S was on the list (had to try on multiple sets of trousers!) and they are actually in that bit of retail park. The uniform shop is across the way in the Meridian Centre, so probably not helpful to get them involved.
    • As they have failed to deliver their original PCN you will need to send them an SAR where they should provide that PCN. It should show the address they used . If it is not your current one that would explain the non delivery. If it was correct then perhaps the Post office messed up. A more cynical view would be that UKPC didn't send it so that you couldn't claim the reduction. It appears that UKPC have been there for some time  but I have been unable to find any pictures of their Notices.The leisure park itself is pretty big so while some parts maybe give 5 hours free parking other parts may have restrictions like permits. I haven't been there for years -I went  to Nandos and the bowling centre . I am surprised that they are now infested with UKPC as the place is plenty big enough not to require their dubious services. If you live not to far away it would help if you could get some legible pictures of their signs. Be carful to park in an area that doesn't require a permit and take photos of the entrance signs, the five hour sign and the permit only sign as well as any other signs that are different from the previous signs. Also if their is a payment machine could you please photograph that.
    • This other entity doesn't know what's going on.  To be clear I had huge equity.  No-one would ever expect a lender to erode all my equity.  The question is - if anyone knows the legal answer - on the basis they have a charging order - could they make an application for an order for sale?  
    • Is this place near to you? I ask for two reasons. If you can easily go back, then get photos of the signs.  On GM and Parkopedia there are various comments about the signs being pants. Also go back to the school uniform shop and ask the manager there for contact details for the retail park (which I've Googled & Googled and got nowhere).  The school uniform shop will just be tenants of the retail park, they won't be able to do anything.  It will be the retail park that called EPC in, and we've seen loads of cases where the organ grinder has intervened and called off the monkey.  As for EPC, aye, ignore them until LoC stage.
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    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
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More DVLA Failure to notify new keeper


fredrick52
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Greetings all,

I too am in the proceedure of fighting a £55 fine for failiure to noitify.

 

I did copy snooplottys letter in an earlier thread, and adjusted to suit and sent it .....today i recieved the following:

 

Dear Mr XXXX

Thank you for your recent enquiry concerning the out of court settlemnt offered to you

in respect of motor vehicle registration mark XXXX XXXX for which a notification of keeper change has not been recieved.

 

A disposal notification for this vehicle was not recieved at DVLA and therefore the vehicle remained

registered in your name. The requirement to notify disposal of a vehicle is contained within

regulation 22-24 of the road vehicles (registration & licensing)regulations 2002.

 

Information on disposal of a vehicle is available on the vehicle registration certificate (VC5)

 

The mitigation you submitted is noted,but it does not materially alter the outcome of your case or

constitute a defence.

Consequently you are still liable for the £55 which must be recieved at this office by 06/09/10

 

Please pay this penalty blah..blah,blah..................

 

I did send my v5 off in january this year,but not by registered post

 

I wondered if anyone could advice me of the next step i should take,

 

Kind regards..Freddy

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There is no requirement for registered post as the law is cleart in this respect. Once you have posted it, your legal requirment is fulfilled. If it gets lost, stolen, eaten or anything else, that is DVLA's tough doodies. Invite them to take you to court where you will file your defence because you have done all that was legally required.

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No, don't invite them to take you to court. You need that like a hole in the head. You have not supplied them with 'mitigation' but information 'proving compliance' with the regulations. The Interpretations Acts also provide confirmation you have fully discharged your obligations so, with regret, do not accept the DVLAs interpretation of events.

 

If they want to do anything else, you've already stated your defence of their charge against you. That is up to them.

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