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griffiths5

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  1. I will go through the paper work, on the court date we spoke to the judge and Lowells brief , the judge asked if we could come to a agreement , wife offered £30 a month. He called Lowell or Bw and they agreed, went back into the judge and that was it. Bw called my wife to make a payment and set up a direct debit, The paper work from the court was only was the petition Dismissed. In regards to the statute barred, it would have been but my wife paid them a £1-01 in panic when she received the charge on the house with the bankruptcy notice That was 4 years ago , just really want to end now, They have had all the money from the original debt , I will write to Bw and inform them the debt has been paid and any other debts added ,interest or cost will not be paid, I would assume that the figure for bankruptcy is now £5000 and they would not be able to recover the debt No Tomlin or consent was agreed or ask for
  2. It was agreed out of court on the day, they accepted the £30 per month, I have the copy of the dismissed petition without any order to pay costs or interest
  3. Is any able to give any advise on the post of 3rd of March, I would like to write a letter to them asap
  4. I looking for further advice regarding this matter, It was agreed at the final hearing that my wife would pay £30 per month. The court dismissed the petition on 23rd April 2013. The original Debt was 1334.19, in their witness statement there is another amount which say the Petitioning Creditor sought £1,444.96, My wife had been paying since the 1st April 2013 £30 per month by a direct debit. There is amount of cost which they were claiming of 838.80 this was never agreed or any order from the court to pay this amount as we agreed out of court at the final hearing. My calculations are the original debt has been paid in full. However BW and Lowell have been adding interest and add another debt to the statement, The statement of payments are unclear and the debt is still over a £1000. I think its time to stop paying and challenge them ?
  5. Do I write to them now and ask for the ADR hearing or do I ask the court at the hearing.
  6. I have written to them twice asking for information this has not been forthcoming, no doubt I should have asked under CPR18 to get this information. She did not appeal because she had given birth to the baby and it was the last time on her mind at the time. She had written to them asking for the landlords criteria, they did not reply. I suppose because of the lapse in time she thought it was over. I will send them a CPR18 this week with the information request you have suggested, The defense at this stage can be just that the breach did not occur. What are your thoughts on the Frustration law? She does not have the original parking charge notice, and she is unsure of the time she went over, I have ask for another copy of this, can this be requested under the CPR18
  7. I have problem with Parking Eye also, They are members of the BPA and have not informed you that you are allowed a minimum of 10min grace period, plus any time added to find a parking space. If they do not cancel then appeal to the POPLA You tell them your going to complain as its in breach of the the code. 13 Grace periods 13.1 Your approach to parking management must allow a driver who enters your car park but decides not to park, to leave the car park within a reasonable period without having their vehicle issued with a parking charge notice. 13.2 You should allow the driver a reasonable ‘grace period’ in which to decide if they are going to stay or go. If the driver is on your land without permission you should still allow them a grace period to read your signs and leave before you take enforcement action. 13.3 You should be prepared to tell us the specific grace period at a site if our compliance team or our agents ask what it is. 13.4 You should allow the driver a reasonable period to leave the private car park after the parking contract has ended, before you take enforcement action.
  8. Just to add it was a free 2 hour period with an overstay 15-20 mins
  9. I am helping my daughter with this claim. She did receive a parking charge notice in the Bristol area late Feb 2015. The carpark is monitored by ANPR. She was 8 plus months pregnant at the time and was meeting a couple of work colleagues for a coffee etc. She start to feel unwell, and uncomfortable with the baby and was worried, and decided rest and not drive the car for obvious reasons. She and her friends received parking charge notices. My daughter did appeal on their on-line site, explaining the situation. The replied with no acknowledgement of the fact she said she was unwell. They asked for proof that she used the facilities which she did but only buying a coffee. Her friends treated her and paid the main bill. Their response was that it did not meet the landowners discretionary criteria. My responded with a request for a more in detail explanation of what that criteria was, no response was received. She left as she gave birth a late March and did not follow up with a appeal to the POPLA. Its taken a more than a year for them to send the letter before action. She did respond to this and has not received any satisfactory reply. Only referring to the fact she had not appealed to the POPLA They have also supplied any information requested or the landowners details. There is another factor to the case one of the friends challenged the Parking Charge and they cancelled it. I have been doing some research, The parking area was monitored by ANPR, The time between does not allow for any time to find a parking place and they never at any point mentioned that there is a minimum grace period of 10 mins, added to the time to park this could have in in more like 15-20mins. The other area of law which not familiar with is that the circumstances to cause a breach of the contract were beyond her control there for a Frustration of the contact occurred. another area would be she was protected by the equality act and did receive unfavorable discrimination I have ask them again for information, writing to the coffee shop and will write to the landowner if I can find out who there are, She doe has not copy of the original parking charge notice or any of the appeals which were done on-line. She does have copies of her friend letter and parkingeye response with the cancellation of the charge
  10. I need some help with a court claim regarding a parking charge from ParkingEye, The acknowledgement of service has been sent on time, Just need to put together a defense, Is there someone can help, I can explain in detail the history of the case
  11. I am looking for some advice regarding balliffs calling at my address, They are looking for a friend of mine who has used my address for his mail. They balliffs are from the Council regarding the collection of Council Tax and the other is from the Inland revenue. They called this morning just before 7am and spoke to my daughter who lives with me, I have avoided contacting them directly myself and have passed all letters to my friend. It concerning me now and would apprieciate and help
  12. I have the forms, does any payment need to be made or just send the N244 and EX160 without any payment?
  13. They have filled out a set aside and sent to court but they want £155 and have returned the form, The court have advised to fill out an EX160, They are on a low income but not sure if they would be entitled to a reduced fee. They have asked for the £155 to be able to proceed with the set aside. Any advice would be appreciated
  14. Waiting for this guy lee to get back and speak to my friend, I have emailed hime but not sure what Vodafone are willing to do to resolve this ! My concern is that the that not to delay getting the set aside papers into the courts
  15. He was in dispute with the mobile phone company vodafone. he only owed them £21, Hamptons in Dec 2013 were asking for £178 and were contacted and informed that the debt was in dispute. Another letter Russel Aitken asking for 173 in February 2013, Advantis £173 on 17th April 2012 from them, The court judgment was for £207 plus costs. He never recieved the orginal court documents. The is no assignment letter or credit agreement. As far as he is concerned the amount is in dispute
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