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    • Post #415 you said you were unable to sell it yourself. Earlier I believe you said there had been expressions of interest, but only if the buyer could acquire the freehold title. I wonder if the situation with the existing freeholders is such that the property is really unattractive, in ways possibly not obvious to someone who also has an interest in and acts for the freeholders.
    • i dont think the reason why the defendant lost the case means anything at all in that case. it was a classic judge lottery example.
    • Hello, I will try to outline everything clearly. I am a British citizen and I live in Luxembourg (I think this may be relevant for potential claims). I hired a car from Heathrow in March for a 3-day visit to family in the UK. I was "upgraded" to an EV (Polestar 2). I had a 250-mile journey to my family's address. Upon attempting to charge the vehicle, there was a red error message on the dashboard, saying "Charging error". I attempted to charge at roughly 10 different locations and got the same error message. Sometimes there was also an error message on the charging station screen. The Hertz 0800 assistance/breakdown number provided on the set of keys did not work with non-UK mobiles. I googled and found a bunch of other numbers, none of which were normal geographical ones, and none of which worked from my Luxembourg mobile. It was getting late and I was very short on charge. Also, there was no USB socket in the car, so my phone ran out of battery, so I was unable to look for further help online. It became clear that I would not reach my destination (rural Devon), so I had no choice but to find a roadside hotel in Exeter and then go to the nearest Hertz branch the following day on my remaining 10 miles of charge. Of course, as soon as the Hertz employee in Exeter plugged it into their own charger, the charging worked immediately. I have driven EVs before, I know how to charge them, and it definitely did not work at about 10 different chargers between London and Exeter. I took photos on each occasion. Luckily they had another vehicle available and transferred me onto it. It was an identical Polestar 2 to the original car. 2 minutes down the road, to test it, I went to a charger and it worked immediately. I also charged with zero issues at 2 other chargers before returning the vehicle. I think this shows that it was a charging fault with the first car and not my inability to do it properly. I wrote to Hertz, sending the hotel, dinner, breakfast and hotel parking receipt and asking for a refund of these expenses caused by the charging failure in the original car. They replied saying they "could not issue a refund" and they issued me with a voucher for 50 US dollars to use within the next year. Obviously I have no real proof that the charging didn't work. My guess is they will say that the photos don't prove that I was charging correctly, just that it shows an error message and a picture of a charger plugged into a car, without being able to see the detail. Could you advise whether I have a case to go further? I am not after a refund or compensation, I just want my £200 back that I had to spend on expenses. I think I have two possibilities (or maybe one - see below). It looks like the UK is still part of the European Consumer Centre scheme:  File a complaint with ECC Luxembourg | ECC-Net digital forms ECCWEBFORMS.EU   Would this be a good point to start from? Alternatively, the gov.uk money claims service. But the big caveat is you need a "postal address in the UK". In practice, do I have to have my primary residence in the UK, or can I use e.g. a family member's address, presumably just as an address for service, where they can forward me any relevant mail? Do they check that the claimant genuinely lives in the UK? "Postal address" is not the same as "Residence" - anyone can get a postal address in the UK without living there. But I don't want to cheat the system or have a claim denied because of it. TIA for any help!  
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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.

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

 

the register keeper has received out of the blue a notice of enforcement for "entering and stopping in a box junction in march 2017".

 

unbeknown to them and without any prior communication from TFL or equite, this Equita letter is demanding £278 which is made of £203 debt and £75 Compliance stage fee!

 

the date on the equita letter stating the date of the contravention is also incorrect on the equita letter. tfl states it was in November last year.

 

they are asking for the money within two days too, is that even legal?

 

just seen the photos from 2016, looks like the keeper has entered the box junction and half the car is blocked from exiting. can we speak to someone to reduce the PCN to the original amount if we have not received ANY communication?

 

not sure what to do and the keeper (related to me) is very worried.

 

seen this on the TFL site, do they not have 30 days to issue?

15/11/2016 PCN Issued

23/12/2016 Charge Certificate Issued

 

sorry contravention date is : Contravention date and time:

09 November, 2016

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Hi all,

 

The registered keeper has received out of the blue a notice of enforcement for "entering and stopping in a box junction in march 2017".

 

unbeknown to them and without any prior communication from TFL or equite, this Equita letter is demanding £278 which is made of £203 debt and £75 Compliance stage fee!

 

they are asking for the money within two days too, is that even legal?

 

seen this on the TFL site, do they not have 30 days to issue?

15/11/2016 PCN Issued

23/12/2016 Charge Certificate Issued

 

The contravention was in November and a warrant has now been issued.

 

On the day of the contravention, the keepers vehicle number plate would have been read/noted and a request made to DVLA for keeper details (address). All notices from TfL (the Notice to Owner, Charge Certificate and Order for Recovery) would have been sent to that address. Do you know whether the keeper moved address and maybe had not updated the V5C (Log Book) with DVLA? This would more than likely explain the absence of any previous notices.

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Ahh, details, details. They may well make all the difference here.

 

One has to wonder why it has taken this long for the keeper to receive any paperwork.

So, to start: Has the keeper's address changed since the address shown as held in November 2016? (Even if they moved before Nov 2016, have they moved from the address DVLA had / showing in Nov 2016?)

Have they had problems with other post going missing?.

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Ahh, details, details. They may well make all the difference here.

 

One has to wonder why it has taken this long for the keeper to receive any paperwork.

So, to start: Has the keeper's address changed since the address shown as held in November 2016? (Even if they moved before Nov 2016, have they moved from the address DVLA had / showing in Nov 2016?)

Have they had problems with other post going missing?.

 

ah! cracked it, dont know why i didnt think of that! :(

 

it was registered at a house that due to the death of the person was sold and the car registration moved to the correct address after the penalty.

 

i take it, should just recommend to pay?

 

is it worth asking for video footage for de minimis type appeal or is it too late? even the original PCN price would be nicer!

 

download_1.jpg

download.jpg

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ah! cracked it, dont know why i didnt think of that! :(

 

it was registered at a house that due to the death of the person was sold and the car registration moved to the correct address after the penalty.

 

i take it, should just recommend to pay?

 

is it worth asking for video footage for de minimis type appeal or is it too late? even the original PCN price would be nicer!

 

You have two choices:

 

One is to pay and put the matter behind you whilst the bailiff fees comprise of just the Compliance fee of £75

 

Alternatively, you can submit an Out of Time witness statement to the Traffic Enforcement Centre. If accepted, the penalty charge will be rewound allowing you to pay the charge at the earlier discounted rate. However, given that you had not updated the V5C with DVLA as you should have done, the chances of the application being accepted are greatly reduced. The choice must be yours.

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You have two choices:

 

One is to pay and put the matter behind you whilst the bailiff fees comprise of just the Compliance fee of £75

 

Alternatively, you can submit an Out of Time witness statement to the Traffic Enforcement Centre. If accepted, the penalty charge will be rewound allowing you to pay the charge at the earlier discounted rate. However, given that you had not updated the V5C with DVLA as you should have done, the chances of the application being accepted are greatly reduced. The choice must be yours.

 

as its been a while since the change i agree, however i feel a death your immediate family, the last thing you would be thinking about is a V5C.

 

if i appeal using the OOT forms via Email, does the clock stop immediately as they are are after payment by tomorrow (a whole two days since the letter was received!)

 

if it does fail, would the fee still remain the same or would Equita add yet more money?

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Did the contravention occur before the death of the person who lived at the house where the car was registered?

 

If it did and the deceased was driving at the time then the fine is not enforceable and this would also explain why the current keeper didn't receive any paperwork.

 

My partner's Father incurred several parking charges shortly before his untimely death and the local council tried to get us to pay from his estate - as he owned nothing and left no money we offered them a percentage of the debts he left if they wanted to claim financial rights as debt was his only legacy, we received a letter very quickly to state that the charges had been dropped.

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If A appeal using the OOT forms via Email, does the clock stop immediately as they are are after payment by tomorrow (a whole two days since the letter was received!)

 

if it does fail, would the fee still remain the same or would Equita add yet more money?

 

The Traffic Enforcement Centre stop processing Out of Time applications at 4pm each weekday. Contrary to some internet advice, this does not mean that bailiff enforcement ceases at 4pm because it doesn't.

 

The local authority should receive notification from the Traffic Enforcement Centre that a completed OoT has been filed by mid morning tomorrow at the latest. The notification will inform the local authority that they must instruct their respective enforcement company to cease enforcement of the warrant. That instruction can take a few hours to get onto the enforcement companies computer system. My advice is always to expect enforcement to cease by midday the day after filing the application.

 

As long as the application is served on the Traffic Enforcement Centre today (by 4pm) then you should be safe in that a visit should not be made tomorrow (and a £235 enforcement fee being added)

 

If the application is rejected, then you will be in the same position that you are at present. A word of caution though...if the application is rejected, you would need to ensure that you make payment to Equita immediately. There will be no time to waste as the 'compliance period' (the date given on the Notice of Enforcement to make payment by) would have expired.

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