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    • Regarding a driver, that HAS paid for parking but input an incorrect Vehicle Registration Number.   This is an easy mistake to make, especially if a driver has access to more than one vehicle. First of all, upon receiving an NTK/PCN it is important to check that the Notice fully complies with PoFA 2012 Schedule 4 before deciding how to respond of course. The general advice is NOT to appeal to the Private Parking Company as, for example, you may identify yourself as driver and in certain circumstances that could harm your defence at a later stage. However, after following a recent thread on this subject, I have come to the conclusion that, in the case of inputting an incorrect Vehicle Registration Number, which is covered by “de minimis” it may actually HARM your defence at a later stage if you have not appealed to the PPC at the first appeal stage and explained that you DID pay for parking and CAN provide proof of parking, it was just that an incorrect VRN was input in error. Now, we all know that the BPA Code of Practice are guidelines from one bunch of charlatans for another bunch of charlatans to follow, but my thoughts are that there could be problems in court if a judge decides that a motorist has not followed these guidelines and has not made an appeal at the first appeal stage, therefore attempting to resolve the situation before it reaches court. From BPA Code of Practice: Section 17:  Keying Errors B) Major Keying Errors Examples of a major keying error could include: • Motorist entered their spouse’s car registration • Motorist entered something completely unrelated to their registration • Motorist made multiple keying errors (beyond one character being entered incorrectly) • Motorist has only entered a small part of their VRM, for example the first three digits In these instances we would expect that such errors are dealt with appropriately at the first appeal stage, especially if it can be proven that the motorist has paid for the parking event or that the motorist attempted to enter their VRM or were a legitimate user of the car park (eg a hospital patient or a patron of a restaurant). It is appreciated that in issuing a PCN in these instances, the operator will have incurred charges including but not limited to the DVLA fee and other processing costs therefore we believe that it is reasonable to seek to recover some of these costs by making a modest charge to the motorist of no more than £20 for a 14-day period from when the keying error was identified before reverting to the charge amount at the point of appeal. Now, we know that the "modest charge" is unenforceable in law, however, it would be up to the individual if they wanted to pay and make the problem go away or in fact if they wanted to contest the issue in court. If the motorist DOES appeal to the PPC explaining the error and the PPC rejects the appeal and the appeal fails, the motorist can use that in his favour at court.   Defence: "I entered the wrong VRN by mistake Judge, I explained this and I also submitted proof of payment for the relevant parking period in my appeal but the PPC wouldn't accept that"   If the motorist DOES NOT appeal to the PPC in the first instance the judge may well use that as a reason to dismiss the case in the claimant's favour because they may decide that they had the opportunity to resolve the matter at a much earlier stage in the proceedings. It is my humble opinion that a motorist, having paid and having proof of payment but entering the wrong VRN, should make an appeal at the first appeal stage in order to prevent problems at a later stage. In this instance, I think there is nothing to be gained by concealing the identity of the driver, especially if at a later stage, perhaps in court, it is said: “I (the driver) entered the wrong VRN.” Whether you agree or not, it is up to the individual to decide …. but worth thinking about. Any feedback, especially if you can prove to the contrary, gratefully received.
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    • deed?  you mean consent order you and her signed? concluding the case as long as you nor she break it's conditions signed upto? dx  
    • Well tbh that’s good news and something she can find out for herself.  She has no intention of peace.  I’m going to ask the thread stays open a little longer.   It seems she had not learned that I am just not the one!!!!  plus I have received new medical info from my vet today.   To remain within agreement, I need to generally ask for advice re:  If new medical information for the pup became apparent now - post agreement signing, that added proof a second genetic disease (tested for in those initial tests in the first case but relayed incorrectly to me then ), does it give me grounds for asking a court to unseal the deed so I can pursue this new info….. if she persists in being a pain ? If generally speaking, a first case was a cardiac issue that can be argued as both genetic and congenital until a genetic test is done and then a second absolute genetic only disease was then discovered, is that deemed a new case or grounds for unsealing? Make sense ?   This disease is only ever genetic!!!!   Rather more damning and indisputable proof of genetic disease breeding with no screening yk prevent.   The vet report showing this was uploaded in the original N1 pack.   Somehow rekeyed as normal when I was called with the results.   A vet visit today shows they were not normal and every symptom he has had reported in all reports uploaded from day one are related to the disease. 
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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.

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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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who can change a CT Liability Order?


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Ok brief background

Had yrs of trouble with LA.

Thought I'd finally sorted it in 2008!!! but being a smart alec I thought I'd get one over on them, and set up a Standing Order to pay the 08/09 tax bill on a weekly basis. In july that year recieved a summons for the magistrates court, thought right I'm going to go and argue for the little man, went to court, waited hours and finally got in, explained to the court that I had been making weekly payments and was in fact, 6 weeks prepaid. The council then hit back with.................................... you should have set the SO for the month before so that when it was due in the April it was up to date, I had effectively put myself in one months arrears Doh!!! so the magistrates informed they HAD to issue the LO. But I could continue making the payments as I had been. Fast forward to Jan 09 all paid and up to date!!! LO finished.

In Jan '12 received a letter form LA informing me that every payment I had made AFTER the court hearing was 'allocated elsewhere' Now what I want to know is, if the court has ordered I pay £xx per week towards that LO numbr then how can the council change this???

It seems I will be forever under an LO been to my local councillor who was as much use as a choclate fireguard, he wants to to go for (yet another) meeting with the council, for them to exoplain where the money has been allocated.

The council has used previous years payments to pay bailliffs fees which I have disputed can they do this????

 

Ho hum

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As far as I remember the magistrates only make a LO for the whole amount, and it is then up to the Council to choose which method of enforcement is appropriate. Here's the extract of the regulations:-

 

 

Application for liability order

 

34.—(1) If an amount which has fallen due under regulation 23(3) or (4) is wholly or partly unpaid, or (in a case where a final notice is required under regulation 33) the amount stated in the final notice is wholly or partly unpaid at the expiry of the period of 7 days beginning with the day on which the notice was issued, the billing authority may, in accordance with paragraph (2), apply to a magistrates' court for an order against the person by whom it is payable.

 

(2) The application is to be instituted by making complaint to a justice of the peace, and requesting the issue of a summons directed to that person to appear before the court to show why he has not paid the sum which is outstanding.

 

(3) Section 127(1) of the Magistrates' Courts Act 1980(1) does not apply to such an application; but no application may be instituted in respect of a sum after the period of six years beginning with the day on which it became due under Part V.

 

(4) A warrant shall not be issued under section 55(2) of the Magistrates' Courts Act 1980 in any proceedings under this regulation.

 

(5) If, after a summons has been issued in accordance with paragraph (2) but before the application is heard, there is paid or tendered to the authority an amount equal to the aggregate of—

 

(a)the sum specified in the summons as the sum outstanding or so much of it as remains outstanding (as the case may be); and

(b)a sum of an amount equal to the costs reasonably incurred by the authority in connection with the application up to the time of the payment or tender,

the authority shall accept the amount and the application shall not be proceeded with.

 

(6) The court shall make the order if it is satisfied that the sum has become payable by the defendant and has not been paid.

 

(7) An order made pursuant to paragraph (6) shall be made in respect of an amount equal to the aggregate of—

 

(a)the sum payable, and

(b)a sum of an amount equal to the costs reasonably incurred by the applicant in obtaining the order.

(8) Where the sum payable is paid after a liability order has been applied for under paragraph (2) but before it is made, the court shall nonetheless (if so requested by the billing authority) make the order in respect of a sum of an amount equal to the costs reasonably incurred by the authority in making the application.

 

It would appear that the council's computer system has assigned the payments (so called soft cash) to the oldest debt as the as your standing order didn't match the instalments.

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It appears to me that you have been paying monies to the Council using an incorrect account number. Most Council Tax bills are made up of:

i - Property Ref No - never changes

ii - Account No - never changes

iii - Reference No - changes on a yearly basis so the Council know which year you are paying

 

The chances are you have been paying an old Reference No which has all been allocated to year 20xx and the Councils computer has thrown a strop and put it into a Suspense account. It is quite easy to sort out but like evrything and everyone at the Council they will suffer from GIGO - garbage in, garbage out.

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This is from another thread and might have some relevance:

 

 

This was the information I was referring to in my previous post.

 

This Council Tax Investigation may have something relevant to your case.

 

QUOTE:

3.3.1
The collection and reporting of Council Tax income is straightforward when a tax payer pays their annual charge within that year. Complexities arise when a Council Tax Payer falls into arrears and owes the council money for past years as well as the current year. There is significant case law (for example, Peter v
Anderson
(1814)) however,
put simply, if a person specifies which years debt the payment should be assigned it should be assigned to that years debt
.

 

3.3.2
The council tax system has built in allocation rules to ensure that the law with respect to specified payments is met. For instance, if a customer has a payment plan for any year of debt and the payment they make matches the planned instalment then the money will be allocated to that year (this is known as “hard” allocation on the council tax system).
I
f the system is unable to “hard allocate” then it will instead “soft” allocate
and the debt will be used against the oldest debt unless manually adjusted.

 

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isn't it strange that every payment made before the court hearing was credited to the correct tax year, but starting the day after the court hearing they go astray

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