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    • no i meant the email from parcel2go which email address did they send it from and who signed it off (whos name is at the bottom)
    • 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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    • 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.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

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      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

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Conditional offer of fixed penalty (Tyre with ply exposed)


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Hi all,

 

Last Friday I was taken by a surprise to have received a 'Conditional Offer of fixed penalty' from Met police for the alleged offence. Use of a motor vehicle with tyre with any of the ply/cord exposed.

 

Now the reason I was taken by surprise is because I had no knowledge of it but car and details are mine. I can prove that I was not even in the country so it could not have been me.

 

the date is early November 2016 and speaking with close family, It dawned upon me that my cousin who holds a provisional licence took that car on that day and when stopped used my details. Now my cousin is no longer in the country and have moved back to Switzerland.

 

If it was only a matter of £100 fine, it would have just paid and be done with it but i read it says 3 points too..

 

Any suggestions?

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up to you. You can accpet the fine/points if you knew the car was defective or you can drop the relative in it and give all the necessary details to the police TEC office. How much grief are you going to get at home if you dob in your cousin? Bear in mind your insurance will go up a good deal if you get convicted of this so overall you are better off telling it how it is and let your cousin face the consequences of his actions later (probably lose his licence and 2 fines to boot).

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How did "it dawn on" the OP the cousin used the car that day over 4 months ago when he was out of the country? Did he own up then or now when challenged by the OP?

 

How did the cousin get over a docs/identity verification/check? After stopping the Cousin (one must wonder why) did the Police then let the Cousin drive the car away with such a serious defect or make him change the wheel ?

 

Anyway, putting aside my skepticism about what I've read here, there seems little loyalty among the family if the Cousin avoided his responsibilities when stopped and immediately gave the OP's details at the roadside. In such circumstances I would certainly not seek to protect the cousin by taking his points and adding to my future insurance cost consequences.

 

Side matters for the Cousin to consider - was he driving without owners consent? - was he insured? - was he aware of the defect?

I don't know that being in Switzerland puts him beyond active interest by the UK Police.

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A number of things spring to mind:-

 

 

He's on a provisional, so was he accompanied? Does that make the qualified driver equally culpable?

OP says it was his car, and was without his knowledge. Any insurance the driver had would be invalidated by the standard condition of "with the owner's express consent"

Cousin is looking at a charge of perverting the course of justice (with qualified driver, if there was one, guilty of aiding and abetting/conspiring to pervert the course of justice).

 

 

In light of above, if the long arm of the law reaches as far as Switzerland, could be looking at a custodial sentence

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"on a provisional"... "moved back to Switzerland"

 

If it was a Swiss provisional licence (if there be such a thing), he would not be allowed to drive in UK - only Full foreign Licences are permitted.

 

If it was a UK provisional licence, being no longer Resident in UK he probably should have surrendered it to DVLA.

 

 

"What a tangled we weave when ......."

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I have not been able to speak with him as yet as he is abroad for a month for some English teaching program, all i could do was left email and waiting for response. What I wrote above was info his close friend here told me - so its a bit unclear with his licence details n all but unfortunately I am in the same situation.

 

If i do not hear anything shortly, It seems like I will be the one taking 3 penalty points and £100 fine n all.. as i have very limited details :@

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He is your cousin & he managed to get to drive your vehicle (was that with your permission?).... and now you are reliant on "his close friend" to get his license details, as you have limited details .......

 

This still doesn't explain how he managed to give your details (& get away with doing so) when stopped, either .......

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20th March

Now my cousin is no longer in the country and have moved back to Switzerland.

 

21st March

I have not been able to speak with him as yet as he is abroad for a month for some English teaching program

Is that abroad from Switzerland where he went back to?

 

and

so its a bit unclear

 

Truest words I've read on this thread!

 

Your cousin appears to have taken your car without the Owners knowledge or consent (theft) - therefore driven it uninsured - driven without a proper full licence holder in the car (him or another sitting alongside) - and when stopped by the Police for whatever reason, lied to them by giving false identity details to deliberately deceive them.

 

And now he has done a disappearing act from where he disappeared to.

 

 

I would suggest you owe him no favours.

 

I would go straight to the Police with your proof of your own whereabouts on the time/date in question and what you know or were told about the incident, including giving your cousin's identity details as fully as you know.

Afterall he thought nothing of giving yours when caught doing wrong.

 

But be prepared not to be believed.

 

At best, that may leave you with the matter of you having kept your own car on the road (depending on where you had parked it when you went away) with a dangerous tyre.

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