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    • Better version attached with the late appeal explained more clearly for the judge. This will sound silly, but I think it would be a good idea to e-mail it to the court and UKPC on Sunday.  It's probably me being daft, but Sunday is still March, and as it's late, sending it in March rather than April will make it sound like it was less late than it really is.  if you get my drift. You can still pop in a paper version on Tuesday if you want. E-mail address for the court: [email protected] And for UKPC: [email protected]   [email protected] Defendant WS.pdf
    • Update 15th March the eviction notice period expired, and I paid my next month rent along with sending them the message discussed above. After a short while they just emailed me back this dry phrase "Thank you for your email." In two weeks' time I'm gonna need to pay the rent again, and I have such a feeling that shortly after that date the contracts will be exchanged and all the payments will be made.  Now my main concern is, if possible, not to end up paying rent after I move out.  
    • they cant 'take away' anything, what ever makes you believe that?  dx  
    • The text on the N1SDT Claim Form 1.The claim is for breaching the terms and conditions set on private land. 2. The defendant's vehicle, NumberPlate, was identified in the Leeds Bradford Airport Roadways on the 28/07/2023 in breach of the advertised terms and conditions; namely Stopping in a zone where stopping is prohibited 3.At all material times the Defendant was the registered keeper and/or driver. 4. The terms and conditions upon  entering private land were clearly displayed at the entrance and in prominent locations 5. The sign was the offer and the act of entering private land was the acceptance of the offer hereby entering into a contract by conduct. 6.The signs specifically detail the terms and conditions and the consequences of failure to comply,  namely a parking charge notice will be issued, and the Defendant has failed to settle the outstanding liability. 7.The claimant seeks the recovery of the parking charge notice, contractual costs and interest.   This is what I am thinking of for the wording of my defence The Defendant contends that the particulars of claim are vague and are generic in nature which fails to comply with CPR 16.4. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made. 1. Paragraph 1 is denied. It is denied that the Defendant ever entered into a contract to breach any terms and conditions of the stated private land. 2. Paragraph 2 and 4 are denied. As held by the Upper Tax Tribunal in Vehicle Control Services Limited v HMRC [2012] UKUT 129 (TCC), any contract requires offer and acceptance. The Claimant was only contracted to provide car park management services and is not capable of entering into a contract with the Defendant on its own account, as the car park is owned by and the terms of entry set by the landowner. 3. It is admitted that Defendant is the recorded keeper of the vehicle. 4.  Paragraph 6 is denied the claimant has yet to evidence that their contract with the landowner supersedes  Leeds Bradford airport byelaws. Further it is denied that the Claimant’s signage is capable of creating a legally binding contract. 5. Paragraph 7 is denied, there are no contractual costs and interest cannot be accrued on a speculative charge.   I'm not sure whether point 4 is correct as I think this side road is not covered by byelaws? Any other suggestions/corrections would be appreciated.
    • Dear EVRi parcelnet LTD t/a evri   evri parcelnet isnt a thing also you say defendant's response which is a bit of a weird format.   Something like   Dear EVRi, Claim no xxxx In your defence you said you could not access tracking. Please see attached receipt and label Regards
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Summons for Magistrates Court - non payment of fixed penalty - please help!!


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Hi everyone,

 

I'm not sure if this is the right forum to post this on, but here goes...

 

I was issued with a fixed penalty notice by the Council for littering a few months ago which I (stupidly!) didn't pay on time as I was very short of money, and I have now received a summons for the Magistrates Court.

 

I'm not worried about this in itself as I will pay the fine, but I have been told I will have a criminal conviction, similar to if you go to court about motoring fines etc (I think). I have to have a CRB check for my job, and have also applied to do a social work course which will require a CRB check. I don't want this conviction to affect my job or anything... can anyone advise if there is a way I can persuade the Council to agree to let me pay the fine without going to court and getting the conviction?

 

I have spoken to the Council and they said that basically they are making an example of people who don't pay. I suppose that's fair enough and it's definitely my own fault, but I didn't realise this could end up in a criminal conviction.

 

Sorry about the gigantic post but if anyone has any advice I would be really really grateful...

 

Thank you

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Hi boo304

 

I went to the magistrates court last week with my son who had defaulted on a fine. He was paying it then got a job but had to work a month in hand so missed some payments. When he got paid he made up on the missed payments. He then came out of work and it has took a month for the Jobseekers allowance to come through.

 

He appeared last week and was told they were clamping down on fine dodgers. He explained his reasons but the magistrate said it doesn't matter and that they were going to send him to prison unless he could come up with the whole amount.

 

We had a quick word with the duty solicitor who said we had to pay all the money or he would go to jail. If he went to jail he would have a record but if we paid it now he would not and he would not have to declare anything in a job application.

 

I paid in full for him by cheque but was told by the magistrate that if the cheque bounced I would be in serious trouble. Gulp.

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Hi boo304

 

I went to the magistrates court last week with my son who had defaulted on a fine. He was paying it then got a job but had to work a month in hand so missed some payments. When he got paid he made up on the missed payments. He then came out of work and it has took a month for the Jobseekers allowance to come through.

 

He appeared last week and was told they were clamping down on fine dodgers. He explained his reasons but the magistrate said it doesn't matter and that they were going to send him to prison unless he could come up with the whole amount.

 

We had a quick word with the duty solicitor who said we had to pay all the money or he would go to jail. If he went to jail he would have a record but if we paid it now he would not and he would not have to declare anything in a job application.

 

I paid in full for him by cheque but was told by the magistrate that if the cheque bounced I would be in serious trouble. Gulp.

 

I find this appalling.We seem to be moving ever closer to debtor prisons last seen two hundred years ago.What next - deportation to Australia. Meanwhile I read that magistrates are told not to send shoplifters to jail because there is not enough room for them.It seems that if you are a pensioner unable to pay Council Tax, or a young lad struggling on minimum wages, there will always be a prison cell available.

In another thread on this forum, a care worker had a client fire a gun at her, and the police do nothing - obviously he wasn't a motorist.

Just what kind of society has this country become.

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I don't understand the world neither. If I do bounce the cheque I'm all up for being deported to Australia though. ;)

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  • 4 months later...

My son had the misfortune of receiving a Fixed Penalty Fine for a Public Order Offence. He only earns 50 pounds per week and could not afford to pay. There were also circumstances which made a reasonable to defend this action so he submitted a defence. He had no legal representation as legal aid is not granted.

 

The CPS in their wisdom decided to make an example of him and go to trial. My son had never even received a caution before and the incident happened on his birthday. Anyway the police managed to gain a conviction against him and he was fined 125 pounds and given 495 pounds costs.

 

Well basically he cant pay this he does not earn enough to pay the fine. So I guess he is going to Prison as I cannot afford to pay the fine for him. I am so angry. I have no convictions either but I think I will be driven to crime by my hatred of the establishment!

 

Let them send us all to prison then:mad:

Edited by boomerangguy
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Hi boomerang guy and welcome to cag :)

You can get in touch with your local magistrates courts and ask for an appointment with the fines officer. If you speak to them early enough they can sort out a payment plan or even change the fine to 'community service' or whatever they are calling it now 'un-paid work'

My son left it too late for these options. Good luck

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  • 2 weeks later...

We could not get any Legal Aid last time for the first hearing so I doubt on appeal any legal aid would be granted. The cost of defending the case far outweighed the fine.

 

They threatened him he is going to jail! even though he offered to do community work. I have lost all faith in legal system

Edited by boomerangguy
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