Jump to content

Jenny21

Registered Users

Change your profile picture
  • Posts

    33
  • Joined

  • Last visited

Reputation

4 Neutral

Recent Profile Visitors

The recent visitors block is disabled and is not being shown to other users.

  1. I didn't reply to it for ages - thought it was a scam, coincidentally this week got a final demand from the actual Council. I haven't answered it yet, not sure how to proceed, since I'd say I didn't get the first one / was reasonable to suspect it wasn't real. Any advice?
  2. My debt is from 2009/10. I raised it with them several times between 2012 and 2020, even had a face to face meeting with them in 2020 - they said someone would get back to me (never did!) Because the advisor I met with didn't have the authority to access it. Now today they have no record of that meeting (or she couldn't see it coz it's dropped off the system)
  3. Is there a forum on here for problems with HMRC? It turns out they vastly overcharged me on a previous self assessment form, I have tried to raise this with them before, but now they're saying that "its too late to make amendments" and won't even allow me to pay ni contributions because they'll take it against the £2k debt - which I can show was never owed! To make it worse they've also said that part of the debt has been marked on every year's self assessment since that (like a brought forward kind of thing) so every tax return I've ever submitted would also have been wrong.. but they won't even look at it because the origin goes too far back! Once I retire, they'll just collect it from my pension, so I can't just leave it unsettled.
  4. I have received a *penalty* charge notice from Civil Enforcement, for driving in a bus lane in Cambridge (from memory there were roadworks, you had to drive in the bus lane to go through the lights - but we will get to that!) My main question is, what authority does Civil Enforcement have to issue a penalty charge on behalf of the council? They're private land enforcement aren't they? The Beavis case gave them the authority to act for private landlords to collect parking *charges* - a penalty is something very different! The actual facts are that I was in Cambridge that day, I remember lots of confusing road works, and poor directions. I do recall going into a bus lane to get through some road works and thinking how badly run it was. I do not know if that was the same road as this offence (Silver Street) but since I do not make a habit of driving in bus lanes, I'm guessing it's the same one. Given that this was the only way through, I'm surprised the camera was even on... and again, whose camera was is it?? And what's it got to do with Civil Enforcement?? Struggling to upload the files
  5. So, the Application was heard today. The Court agreed that they had mistakenly issued a CCJ against us instead of sending it to Trial. They admit that this was an administrational error on their part, but they're ordering Civil Enforcement to pay for it because it was caused by the mix up of the names. Today's ruling states 1) That the CCJ is wiped from the record 2 Civil Enforcement have 7 days to choose whether they were suing xxxxx OR xxxxxxxxxxxx - it can not be both, as it was on the original claim. 3) They must also justify why they were suing us rather than the driver (our customer), and if they don't do those things in 7 days, the case will be fully struck out. 4) If they *do* do that and want to continue the case, we will have 21 days to reply with an updated defence. If they do continue, I'm thinking we should counter claim on the basis of them being annoying! 5) They must, within 14 days of today, pay the court fees of £275. What do you think they'll do?
  6. Thanks, the judge has allocated 45 minutes (should I be worried?) We didn't initially get the paperwork because the claimant put the wrong address - it went to a vacant building. Also, the claimants have listed this against (directors name) (business name) as if they are one entity, so... I was thinking of asking that the case gets struck because... who are they suing?? That'd be me that wrote that, trying to limit the words but get all.points in.... (so consider me shot!) What questions need answering? Regarding the fee, the Court have said that if they agree, either 1) that the first statement submitted should have been accepted as its a firm not an individual... the firm is named on the claim... or 2) that the resubmitted statement was submitted *before* the claimants applied for Judgement but processing was delayed by court backlog... which it seems it was, or 3) that the CCJ should not have been issued in the same day as the statement was accepted, so admin error by the Court Then we get the £275 back. I think we satisfy all three of these criteria.
  7. Thank you! I'm struggling with the technology side. The illegible scans- actually are more clear than the originals! The background is, the claimants put the wrong address on the correspondences, so the paperwork initially went to the wrong address, which just happened to be a vacant unit at the time, *months* later, when the agent visited, he scanned in the documents to email them to us... which makes these scans, scans of scans of documents that had been sitting on an oily floor for months! I intended to rewrite the content of the first letter (which I can read with difficulty) but first, I was doing battle with the tech system, which I'm renaming the lawnmower man!
  8. PCN: We refer to the above, and the hearing to set aside judgment scheduled to take place on 2/10/2023 at 10:00 AM. We hereby give notice that we will not be in attendance at the hearing. As such, we kindly request that the following point be taken into consideration at the hearing: We have read the Defendant’s reasons for making the application and, in keeping with the overriding objective (CPR 1.1), we made an offer to set aside the CCJ, dismiss the Claim AND no order for costs (see attached), however, the Defendant did not respond. If the Judge believes it appropriate, the Claimant agrees to the removal of the Judgment and for the Claim to be restored, and no order for the Defendant’s costs to be made, as the application was of the Defendant’s own making. In the alternative, if the judge believes it appropriate to restore the Claim, we would additionally agree to the Claim being settled at £135 so as to avoid more Court time being wasted and costs being incurred (by the Defendant and Claimant). Yours faithfully
  9. @FTMDave I have the documents redacted of personal details and ready to upload, I just can't figure out how to do it! The upload button says it should accept pdfs (which is what they are) but it's not letting me do it.
  10. I'm struggling to figure out how to update these files. As update, a hearing for set aside has been set for 2nd Oct, the claimants first replied saying I didn't have a hope in hell (paraphrasing!) And should pay them £175 in which case they wouldn't oppose removal of the ccj. We rejected that offer because it means we cant get the £275 application fee back. Then they wrote to say they hadnt got our reply to their offer so we are being unreasonable, they won't attend the hearing, they've written to the court saying that the ccj should stand and if the court disagrees, then they offer settlement at £135. I would like some help with this, and I've got all the documents on Adobe but I can't figure out how to upload them here. It's not allowing the upload from Adobe, or from screenshot.
  11. @FTMDave and @lookinforinfo thank you so much for your help, I'm trying to get the documents copied redacted and uploaded ASAP However, I have some personal issues going on in the background here, which have somewhat slowed me down in this regard! Thank you for your patience!
  12. 1 Date of the infringement 21/11/2021 Date on the NTK [this must have been received within 14 days from the 'offence' date] The original was not received by us, neither did our client tell us they had a ticket. The reason we didnt get any correspondence from the claimant was because they sent it to an incorrect address (12, which was unoccupied at the time, instead if units 1&2). The first correspondence we got was their Final reminder, at which point we replied explaining that a customer had been driving and identifying her. The customer also confirmed in writing that it was was hers. 3 Date received 15/11/2022 4 Does the NTK mention schedule 4 of The Protections of Freedoms Act 2012? [Y/N?] We didn't get a notice to keeper, the first correspondence that we received does not mention the Protection of Freedoms Act 5 Is there any photographic evidence of the event? Not that we have seen yet 6 Have you appealed? [Y/N?] post up your appeal] Yes, obviously out of time, but we explained who the driver was and that the car was not in our care or control at the time and the driver also confirmed this. Have you had a response? [Y/N?] post it up No 7 Who is the parking company? Civil Enforcement 8. Where exactly [carpark name and location Greyfriars Car Park Priory Road Bedford MK40 1BY For either option, does it say which appeals body they operate under. BPA If you have received any other correspondence, please mention it here Final Letter before action and then the claim form
×
×
  • Create New...