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    • Well barristers would say that in the hope that motorists would go to them for advice -obviously paid advice.  The problem with appealing is at least twofold. 1] there is a real danger that some part of the appeal will point out that the person appealing [the keeper ] is also the driver.  And in a lot of cases the last thing the keeper wants when they are also the driver is that the parking company knows that. It makes it so much easier for them as the majority  of Judges do not accept that the keeper and the driver are the same person for obvious reasons. Often they are not the same person especially when it is a family car where the husband, wife and children are all insured to drive the same car. On top of that  just about every person who has a valid insurance policy is able to drive another person's vehicle. So there are many possibilities and it should be up to the parking company to prove it to some extent.  Most parking company's do not accept appeals under virtually any circumstances. But insist that you carry on and appeal to their so called impartial jury who are often anything but impartial. By turning down that second appeal, many motorists pay up because they don't know enough about PoFA to argue with those decisions which brings us to the second problem. 2] the major parking companies are mostly unscrupulous, lying cheating scrotes. So when you appeal and your reasons look as if they would have merit in Court, they then go about  concocting a Witness Statement to debunk that challenge. We feel that by leaving what we think are the strongest arguments to our Member's Witness Statements, it leaves insufficient time to be thwarted with their lies etc. And when the motorists defence is good enough to win, it should win regardless of when it is first produced.   
    • S13 (2)The creditor may not exercise the right under paragraph 4 to recover from the keeper any unpaid parking charges specified in the notice to keeper if, within the period of 28 days beginning with the day after that on which that notice was given, the creditor is given— (a)a statement signed by or on behalf of the vehicle-hire firm to the effect that at the material time the vehicle was hired to a named person under a hire agreement; (b)a copy of the hire agreement; and (c)a copy of a statement of liability signed by the hirer under that hire agreement. As  Arval has complied with the above they cannot be pursued by EC----- ------------------------------------------------------------------------------------------------------------------------------------------------------------------- S14 [1]   the creditor may recover those charges (so far as they remain unpaid) from the hirer. (2)The conditions are that— (a)the creditor has within the relevant period given the hirer a notice in accordance with sub-paragraph (5) (a “notice to hirer”), together with a copy of the documents mentioned in paragraph 13(2) and the notice to keeper; (b)a period of 21 days beginning with the day on which the notice to hirer was given has elapsed;  As ECP did not send copies of the documents to your company and they have given 28 days instead of 21 days they have failed to comply with  the Act so you and your Company are absolved from paying. That is not to say that they won't continue asking to be paid as they do not have the faintest idea how PoFA works. 
    • Euro have got a lot wrong and have failed to comply with the Protection of Freedoms Act 2012 Schedule 4.  According to Section 13 after ECP have written to Arval they should then send a NTH to the Hirer  which they have done.This eliminates Arval from any further pursuit by ECP. When they wrote to your company they should have sent copies of everything that they asked Arval for. This is to prove that your company agree what happened on the day of the breach. If ECP then comply with the Act they are allowed to pursue the hirer. If they fail, to comply they cannot make the hirer pay. They can pursue until they are blue in the face but the Hirer is not lawfully required to pay them and if it went to Court ECP would lose. Your company could say who was driving but the only person that can be pursued is the Hirer, there does not appear to be an extension for a driver to be pursued. Even if there was, because ECP have failed miserably to comply with the Act  they still have no chance of winning in Court. Here are the relevant Hire sections from the Act below.
    • Thank-you FTMDave for your feedback. May I take this opportunity to say that after reading numerous threads to which you are a contributor, I have great admiration for you. You really do go above and beyond in your efforts to help other people. The time you put in to help, in particular with witness statements is incredible. I am also impressed by the way in which you will defer to others with more experience should there be a particular point that you are not 100% clear on and return with answers or advice that you have sought. I wish I had the ability to help others as you do. There is another forum expert that I must also thank for his time and patience answering my questions and allowing me to come to a “penny drops” moment on one particular issue. I believe he has helped me immensely to understand and to strengthen my own case. I shall not mention who it is here at the moment just in case he would rather I didn't but I greatly appreciate the time he took working through that issue with me. I spent 20+ years of working in an industry that rules and regulations had to be strictly adhered to, indeed, exams had to be taken in order that one had to become qualified in those rules and regulations in order to carry out the duties of the post. In a way, such things as PoFA 2012 are rules and regulations that are not completely alien to me. It has been very enjoyable for me to learn these regulations and the law surrounding them. I wish I had found this forum years ago. I admit that perhaps I had been too keen to express my opinions given that I am still in the learning process. After a suitable period in this industry I became Qualified to teach the rules and regulations and I always said to those I taught that there is no such thing as a stupid question. If opinions, theories and observations are put forward, discussion can take place and as long as the result is that the student is able to clearly see where they went wrong and got to that moment where the penny drops then that is a valuable learning experience. No matter how experienced one is, there is always something to learn and if I did not know the answer to a question, I would say, I don't know the answer to that question but I will go and find out what the answer is. In any posts I have made, I have stated, “unless I am wrong” or “as far as I can see” awaiting a response telling me what I got wrong, if it was wrong. If I am wrong I am only too happy to admit it and take it as a valuable learning experience. I take the point that perhaps I should not post on other peoples threads and I shall refrain from doing so going forward. 🤐 As alluded to, circumstances can change, FTMDave made the following point that it had been boasted that no Caggers, over two years, who had sent a PPC the wrong registration snotty letter, had even been taken to court, let alone lost a court hearing .... but now they have. I too used the word "seemed" because it is true, we haven't had all the details. After perusing this forum I believe certain advice changed here after the Beavis case, I could be wrong but that is what I seem to remember reading. Could it be that after winning the above case in question, a claimant could refer back to this case and claim that a defendant had not made use of the appeal process, therefore allowing the claimant to win? Again, in this instance only, I do not know what is to be gained by not making an appeal or concealing the identity of the driver, especially if it is later admitted that the defendant was the driver and was the one to input the incorrect VRN in error. So far no one has educated me as to the reason why. But, of course, when making an appeal, it should be worded carefully so that an error in the appeal process cannot be referred back to. I thought long and hard about whether or not to post here but I wanted to bring up this point for discussion. Yes, I admit I have limited knowledge, but does that mean I should have kept silent? After I posted that I moved away from this forum slightly to find other avenues to increase my knowledge. I bought a law book and am now following certain lawyers on Youtube in the hope of arming myself with enough ammunition to use in my own case. In one video titled “7 Reasons You Will LOSE Your Court Case (and how to avoid them)” by Black Belt Barrister I believe he makes my point by saying the following, and I quote: “If you ignore the complaint in the first instance and it does eventually end up in court then it's going to look bad that you didn't co-operate in the first place. The court is not going to look kindly on you simply ignoring the company and not, let's say, availing yourself of any kind of appeal opportunities, particularly if we are talking about parking charge notices and things like that.” This point makes me think that, it is not such a bizarre judgement in the end. Only in the case of having proof of payment and inputting an incorrect VRN .... could it be worthwhile making a carefully worded appeal in the first instance? .... If the appeal fails, depending on the reason, surely this could only help if it went to court? As always, any feedback gratefully received.
    • To which official body does one make a formal complaint about a LPA fixed charge receiver? Does one make a complaint first to the company employing the appointed individuals?    Or can one complain immediately to an official body, such as nara?    I've tried researching but there doesn't seem a very clear route on how to legally hold them to account for wrongful behaviour.  It seems frustratingly complicated because they are considered to be officers of the court and held in high esteem - and the borrower is deemed liable for their actions.  Yet what does the borrower do when disclosure shows clear evidence of wrong-doing? Does anyone have any pointers please?
  • Our picks

    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 161 replies
    • 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.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Eviction: the fraud of the bank


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On 23 July 2014 over 300 people came from all over the UK to show solidarity and support for Tom Crawford and his family, and help in the peaceful resistance to the illegal eviction proceedings brought by UK Asset Resolution Limited. The support on the day was so overwhelming that the bailiff decided not to appear with his illegally drafted warrant.

 

At the moment, hundreds of warrants are being issued and served where a court stamp is used (not an official seal) and there is no official endorsing signature. This is fraudulent and illegal.

The petition is merely asking the Government to ensure that courts and the judiciary follow the letter of the law and stop committing fraud.

THIS ISSUE HAS THE POTENTIAL TO AFFECT EACH AND EVERY ONE OF US, OUR FAMILIES AND FRIENDS.

The petition is aiming to gain 1,000,000 signatures, so please share and spread the word.

PLEASE SIGN NOW, THANK YOU.

 

 

 

http://www.change.org/en-GB/petitions/uk-petition-in-the-name-of-justice-and-fairness-we-the-undersigned-require-her-majesty-s-courts-and-tribunals-service

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I've been following this on UK Column News. I can see that arrogant court bailiff taking a beating if he carries on talking out of his anal sphincter. He thinks he's fireproof; he's not. If it is shown he merely attempted to execute a fraudulent warrant, he can be stripped of his office as a court bailiff and jailed.

 

I have signed the petition.

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So did this go through the court and did a judge issue the eviction warrant ??

 

What tends to happen is that there are judges who are, for want of better words, Rubber-Stamping Clowns. They will rubber-stamp anything put in front of them.

 

What is becoming clearly evident is that fraud on an industrial scale is taking place and when the court is questioned about the paper trail, it will usually be found that certain hearings have not taken place, certain papers have not been submitted by the "claimant" and fees have not been paid. In one case, a county court admitted it had no record of a claim being processed or a CCJ being granted. An HCEO, bank staff and legal professionals are currently facing criminal proceedings over the matter.

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Any idea who sent it to you, Matt? I have read through it and have a reasonable idea where it came from. Much of what is on the document you have received is either out of date or not relevant. It is all very well quoting law. The most important factors are knowing how the legal system works, how the law works in practice and interpreting it. That requires experience, knowledge and instinct.

 

With evictions suspected of being unlawful, check with the county court that is alleged to have issued the Possession Order/Eviction Order/Eviction Warrant. Ask for the timeline of events on the case file. You need to know the dates of when applications for Possession Orders, Eviction Orders and Eviction Warrants were made, when and whether they were granted and to whom, whether they were suspended, revoked, struck-out or whatever, the dates of hearings and what they were for, the names of the judges involved and whether appropriate fees were paid.

 

I would make the following comments -

 

It is an Indictable Offence for anyone to pretend to be acting under the authority of a County Court;

 

It is an Indictable Offence for a public officer acting as such to wilfully neglect to perform his/her duty and/or wilfully misconduct himself/herself to such a degree as to amount to an abuse of the public's trust in the office holder without reasonable excuse or justification. A County Court Bailiff falls within the definition of "public officer" as they are Crown Servants;

 

It should be remembered that land and property matters fall under the jurisdiction of the Chancery Division of the High Court. This means that District Judges can deal with certain land and property matters, but there are other land and property-related matters which must be dealt with by Circuit Judges appointed to deal with Chancery matters.

 

I am attaching relevant sections from the County Courts Act 1984 for guidance. Some of them have been amended so be sure to study the amendments.

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1,648 have signed the petition thus far. The bailiffs were called off by police so they say! for safety issues. Tom has heard nothing from Bradford and bingley or the bailiffs since.

 

Probably Nottinghamshire Police were afraid of people knocking seven buckets of crap out of Caress, not that he doesn't deserve it. Yes, he is arrogant and, yes, he is a bully and, yes, he is likely to become complacent to the point he will mess up so badly not even the police will be able or want to pull him out of the brown and smelly stuff.

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  • 8 months later...

Seen this on the news today, is there an update, how did Bradford and Bingley change the mortgage, this needs to be heard on a forum like this. It has been so supported in Nottingham that it should be highlighted here, please post

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The petition still requires 29 signatures...

Have we helped you ...?         Please Donate button to the Consumer Action Group

Uploading documents to CAG ** Instructions **

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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http://www.nottinghampost.com/Tom-Crawford-appears-court-Bradford-Bingley/story-26425154-detail/story.html

 

 

Emotions have run high at court as Tom Crawford fights to defend his home from bailiffs.

 

Mr Crawford, who has been embroiled in an ongoing battle with Bradford and Bingley bank over his mortgage, appeared at Nottingham County Court to seek permission to appeal against a possession order issued against his Carlton home.

 

Hundreds of supporters turned up to the court building in Canal Street, many of them having travelled from across the country.

 

As the hearing began, Judge Nigel Godsmark QC twice walked out of the court room, once following an interjection from the public gallery.

 

 

Read more: http://www.nottinghampost.com/Tom-Crawford-appears-court-Bradford-Bingley/story-26425154-detail/story.html#ixzz3YzS7h4ME

 

 

Have we helped you ...?         Please Donate button to the Consumer Action Group

Uploading documents to CAG ** Instructions **

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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It would be interesting to hear how the Bradford & Bingly changed the mortgage ?

Have we helped you ...?         Please Donate button to the Consumer Action Group

Uploading documents to CAG ** Instructions **

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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Hi All,

 

Can I just say, as I understand it - Once a suspended possession order is issued, a bank does not have to apply to a Judge to get the warrant issued. Judges do not commit fraud, they are there to stop fraud - it's surely up to us to prove it though.

 

I don't know if this helps you - but I saw the comment below added to the story in the Nottingham Post:

 

Lots of progress is being made by homeowners. Good on those who have supported Tom so far. Not quite sure where harrystotie is coming from though? Courts don't sanction Fraud either! Tom, all you need do is check your bank statements. If B&B's name is not the recipient of your payments/showing on your banks statments, you may be able to prove 'fraud'. If some other firms name is showing as the recipient of your payments, the chances are it will be the firm who is showing on the bank statments that brought the proceedings against you in the name of B&B. If your bank statement shows a different firms name, get a copy of your title register and a copy of your deed, again, if the names on the register and deed do not match the name on your bank statements, you may have hit the fraud nail on the head!! If you can, then its simple, go on line and report what you find to Action Fraud, if they confirm you are a victim of crime, then you can use the letter they send you to help protect you and your home from being unlawful possession. You can also use this letter to set aside the warrant of possession and suspended possession order. (by the way Judges do not issue warrants, court staff do); Complete the N244 form, in the box where it asks what do you want the court to do and why? state: "I want the court to set aside the suspended order of possession and warrant of possession on grounds of irregularity, fraud and abuse of process"; then when your application is heard, make sure to include the letter from Action Fraud, your bank statements, title deed and register of title to help the Judge see how the names on the banks statement, deed and title differ. I simply can't see any Judge sanctioning abuse of court process, nevermind fraud. So this way, if the Bailiffs turn up before you have your day in court, you will be able to show them the letter from Action Fraud (essentially confirming this is now a Criminal issue) and when you get your day in court, I rather suspect, no Judge will permit the warrant to be enforced against you - no matter what those relying on B&B's name try to do to overcome your concrete evidence.

Times are changing, loads of firms draw up mortgage statements using the name of the firm they bought the mortgage debt from to pursue you and even bring claims against you in the name of what was known to you as your original lender such as in your case, B&B.

Tom just needs to get up to speed with how to deal with them. The way forward is to check the paperwork and report them to Action Fraud, Court, and the FCA. That's the only way you will keep your home Tom"

 

Might be useful to know??

 

Apple

[COLOR="red"][B][CENTER]"Errors do not cease to be errors simply because they’re ratified into law.” [/CENTER][/B][/COLOR][B][CENTER] E.A. Bucchianeri[/CENTER][/B]

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  • 2 weeks later...

So as an update to the Tom Crawford eviction, the judge handed down his judgement on Toms appeal

 

He is saying he has won and gets to keep his house, what do the clever people on here make of the judgement

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The judgement could not be clearer. The judge took care to write it in plain English because he knew it would be circulated and read by many people. The judgement sets out how Tom failed to pay the endowment policy, and refused suggestions by the bank to change to a repayment mortgage. It is very sad, but he brought this on himself. Now he faces imminent eviction, but he is taking advice from FMOTL idiots instead of getting proper legal help. If he doesn't wake up fast, he'll be homeless and penniless.

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My own take is that in general they lost but, they were granted leave to appeal out of time but that appeal was refused by that court as the judge could see no grounds for appeal. That does leave them with another avenue to pursue if they can come up with (non FMOTL) grounds.

If you are asked to deal with any matter via private message, PLEASE report it.

Everything I say is opinion only. If you are unsure on any comment made, you should see a qualified solicitor

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  • 1 month later...

If you are asked to deal with any matter via private message, PLEASE report it.

Everything I say is opinion only. If you are unsure on any comment made, you should see a qualified solicitor

Please help CAG. Order this ebook. Now available on Amazon. Please click HERE

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  • 1 year later...

What happens when a home-owner who is evicted because he owes legal costs of nearly £100k and the solicitors who, with a high court writ, had him evicted last month are now faced with the prospect of them having moved back in?

 

The police say they can do nothing as there is no criminal damage - just damage to a £10 woodchip board which hadn't been replaced in time with a door. The police are saying it's a civil trespass and there is no burglary as there is intent to live there. Is it contempt of court? It will have to go back to the High Court and there will be a second eviction, so ultimately this will cost the former owner even more.

 

Bit of a daft short term thing to do but hey -- anyone else experienced this?

Edited by honeybee13
Paras.
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there is no criminal damage - just damage to a £10 woodchip board which hadn't been replaced in time with a door.

 

The police are saying it's a civil trespass

 

 

I'd ask the officer to check with their supervisor about:

A) it being a £10 piece of of chipboard preventing it being criminal damage : neither it being £10 nor being chipboard would prevent the possibility of it being criminal damage.

B) civil trespass and squatting in a residential property (as another poster has already pointed out).

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