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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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      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.  

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

      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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Hi

 

My OH brother has 29k of debt he owes the nice taxman, he pays him £200 a month out of his minimum wage pay (court ordered payments), he also owes some council tax, not sure ho much and they are also threatening to take him to court too.

 

He wants to know if he can write these debts off by going bankrupt? he rents a house, has a £200 car and no assets so i dont see why he shouldnt

 

Any advice?

 

thanks

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Hi Gwebstech

 

Welcome Back To CAG - Id say at this point he should receive professional help and advice for going bankrupt due to the nature of what is being considered.

 

But below maybe of some benefit to you.

 

 

I would also let other members of the site team advise in case there is something that I have missed.

 

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Thread moved to the appropriate forum

 

Regards

 

Andy

We could do with some help from you.

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My OH brother has 29k of debt he owes the nice taxman, he pays him £200 a month out of his minimum wage pay (court ordered payments)

 

Your Brother in law can go back to Court and ask for a variation in payments if they are too high and causing him financial issues.

 

Bankruptcy will effect your Brother in law if he is employed or going to be employed in the financial or security sectors, it even effects him if he is a Governor at a local school (until discharged) so he will need professional guidance.

 

Stigman

NEVER telephone a DCA

If a DCA rings you, refuse to go through the security questions & hang up!

 

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Tax debts can be included as well as the Council Tax.

 

With the tax debt was he in a Partnership with another Business Associate?

 

Only thing that cannot be included are amongst others any Social Fund Loans and Benefit Overpayments.

 

Stigman

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NEVER telephone a DCA

If a DCA rings you, refuse to go through the security questions & hang up!

 

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Ok, after Bankruptcy if anyone chases your Brother in law for debts before his Bankruptcy date other than a few exceptions like the example above then just refer to whoever chases to the Bankruptcy number and Court

 

The Judge will give your Brother in law a talk about do you understand the implications, please make sure he does and that he has talked to someone who can spell out everything.

 

It's not like on TV, you all sit at a table in a room.

 

Stigman

NEVER telephone a DCA

If a DCA rings you, refuse to go through the security questions & hang up!

 

If I have helped you, click on the star & say thank you

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  • 3 years later...

Hi all

 

Im asking for my brother in law, he recently got very ill and nearly died and since this hes decided to finally go bankrupt and wipe all his debts off as i told him to do years ago.

 

His main debt is with the taxman, its circa £35000, they were taking something like £400 per month out of his wages so hes decided to go bankrupt. Now im wondering does this get wiped off if he goes bankrupt or does it still count? he says he also owes some council tax - a few £1000 i think

 

Im assuming its easy enough to go bankrupt, just pay the fees and you have to not come into any money for 3? years or so or they can take nay lump sums off you to pay what you owed?

 

thanks

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Quote

Although the term “bankruptcy” may sound negative, it can sometimes help a person who is insolvent and needs a fresh start. You need to weigh the “downsides” of bankruptcy against the possible advantages.

The main advantages of bankruptcy are that:

  • When you are discharged from bankruptcy, your debts are written off. This includes income tax and most other debts; but not maintenance obligations, parking fines and student loans
  • You will normally be discharged after one year, or less
  • Once the bankruptcy order is made, your creditors may no longer contact you about your debts
  • If HMRC makes you bankrupt, you will not have to pay the court fees

 

https://taxaid.org.uk/guides/taxpayers/tax-debt/bankruptcy

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