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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.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Hello to you all,

 

I've turned to this fine site for help on a situation i have found myself in with a company called Excel,

and really need the help of someone with some knowledge on this.

 

I was given a parking ticket from Brighton council, whilst parked on a main road, and I completely forgot to pay it.

In January of this year, I received a letter from Excel saying I owed them around £160 for non-payment of the fine.

I have no issue with this at all. I forgot to pay the fine in time, and so I accept the consequence.

 

And here is where my issues begin.

 

I was away for a few weeks in January, dealing with some family stuff in Spain.

I saw the 1st letter from Excel and spoke with them, as their “expected” date for payment was nearing

., and they gave me some extra time to pay.

 

As I’d been out of work since November and not back until this month (injured my wrist and I’m a musician),

I realised I wouldn’t have the funds to pay them on the date we agreed.

 

 

to avoid any further issues or charges, I sent them a letter asking to arrange a way that I can pay them over a few payments.

I also explained that the address they have for me is my parent’s address, as that is where the car is registered.

 

 

I occasionally use one of my parent’s cars as they have an estate car. My parking ticket, so my responsibility.

 

Over a month went past and I heard nothing from them, until

 

 

a few weeks ago.

An “enforcement” agent arrived at my parent’s house, with a "letter of attendance" saying I NOW owe them £387.

 

I’ve been in contact with Excel, but they say they have no record of a letter being received about this issue.

I know I sent it recorded delivery, so really annoyed they’re now saying this.

 

 

Unfortunately, I cannot find the receipt stub I got at the post office to be able to prove that I posted it to them.

I feel stupid for not keeping it safer, but as I’m just about to move house, I got rid of a lot of paperwork. My own stupid fault.

 

Like I said, I don’t have any problem whatsoever paying the original £160 fine. I didn’t pay my 1st ticket in time, so it’s my own fault.

The issue I have is the extra charges they’ve put on top now, and the fact that my parent’s car could possibly be clamped for non-payment.

 

Sorry for this long message, but thought I’d try explaining as best as I could as I’m a tad worried about this all.

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|Hi

 

Not What you want to hear I know but you are liable for all these charges. From their point of view, you received this ticket some months ago, you were sent three notices before the judgment, following this you received two further notices, during all this time there was no payment whatsoever made.

 

You can see the problem.

 

You need to contact them and make a definite offer of payment, it will probably help if you can make the first payment over the phone, also tell them the vehicle does not belong to you and you have no goods at the address they have, be prepared for them not to believe you.

 

To avoid the car being seized your parents will have to have proof of ownership of the vehicle, it would be a good idea to send this (or a copy) to the bailiff to support your contention.

 

In the meantime your parents need to keep the car locked in a garage or parked out of the way(on neighbors drive maybe) until this is sorted out.

DO NOT PAY UPFRONT FEES TO COLD CALLERS PROMISING TO WRITE OFF YOUR DEBTS

DO NOT PAY UPFRONT FEES FOR COSTLY TELEPHONE CONSULTATIONS WITH SO CALLED "EXPERTS" THEY INVARIABLY ARE NOTHING OF THE SORT

BEWARE OF QUICK FIX DEBT SOLUTIONS, IF IT LOOKS LIKE IT IS TO GOOD TO BE TRUE IT INVARIABLY IS

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Have to agree with DB, you will have to inform Excel regarding the car, as they will refuse to deal with Parents trying to prove ownership claiming Data Protection whilst clamping their car if it isn't moved as suggested.

We could do with some help from you.

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If you want advice on your thread please PM me a link to your thread

The bailiff: A 12th Century solution re-branded as Enforcement Agents for the 21st Century to seize and sell debtors goods as before Oh so Dickensian!

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Hello to you all,

 

I've turned to this fine site for help on a situation i have found myself in with a company called Excel, and really need the help of someone with some knowledge on this.

 

I was given a parking ticket from Brighton council, whilst parked on a main road, and I completely forgot to pay it. In January of this year, I received a letter from Excel saying I owed them around £160 for non-payment of the fine. I have no issue with this at all. I forgot to pay the fine in time, and so I accept the consequence. And here is where my issues begin.

 

I was away for a few weeks in January, dealing with some family stuff in Spain. I saw the 1st letter from Excel and spoke with them, as their expected date for payment was nearing, and they gave me some extra time to pay.

 

As I'd been out of work since November and not back until this month (injured my wrist and I'm a musician), I realised I wouldn't have the funds to pay them on the date we agreed. To avoid any further issues or charges, I sent them a letter asking to arrange a way that I can pay them over a few payments.

I also explained that the address they have for me is my parent's address, as that is where the car is registered.

 

I occasionally use one of my parent's cars as they have an estate car. My parking ticket, so my responsibility.

 

Over a month went past and I heard nothing from them, until a few weeks ago.

An enforcement agent arrived at my parent's house, with a "letter of attendance" saying I NOW owe them £387. I've been in contact with Excel, but they say they have no record of a letter being received about this issue. I know I sent it recorded delivery, so really annoyed they are now saying this.

 

Unfortunately, I cannot find the receipt stub I got at the post office to be able to prove that I posted it to them. I feel stupid for not keeping it safer, but as I'm just about to move house, I got rid of a lot of paperwork. My own stupid fault.

 

Like I said, I don't have any problem whatsoever paying the original £160 fine. I didn't pay my 1st ticket in time, so it's my own fault. The issue I have is the extra charges they have put on top now, and the fact that my parent's car could possibly be clamped for non-payment.

 

Sorry for this long message, but thought I'd try explaining as best as I could as I'm a tad worried about this all.

 

 

I have put your query into proper paragraphs so hopefully this should make it easier to read.

 

Can you clarify that the parking charge notice is in your name. Also, on the warrant will be the vehicle registration number of the car that was involved in the original contravention. Is this car registered to you? How much roughly is the car worth and is it subject to any form of finance?

 

The bailiff can only take goods belonging to the debtor.

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