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    • Yep, I read that and thought about trying to find out what the consideration and grace period is at Riverside but not sure I can. I know they say "You must tell us the specific consideration/grace period at a site if our compliance team or our agents ask what it is"  but I doubt they would disclose it to the public, maybe I should have asked in my CPR 31.14 letter? Yes, I think I can get rid of 5 minutes. I am also going to include a point about BPA CoP: 13.2 The reference to a consideration period in 13.1 shall not apply where a parking event takes place. I think that is Deception .... They giveth with one hand and taketh away with the other!
    • Six months of conflict have also taken a heavy economic toll.View the full article
    • the Town and Country [advertisments ] Regulations 2007 are not easy to understand. Most Council planing officials don't so it's good that you found one who knows. Although he may not have been right if the rogues have not been "controlling" in the car park for that long. The time only starts when the ANPR signs go up, not how long the area has been used as a car park.   Sadly I have checked Highview out and they have been there since at least 2014 . I have looked at the BPA Code of Practice version 8 which covers 2023 and that states Re Consideration and Grace Periods 13.3 Where a parking location is one where a limited period of parking is permitted, or where drivers contract to park for a defined period and pay for that service in advance (Pay & Display), this would be considered as a parking event and a Grace Period of at least 10 minutes must be added to the end of a parking event before you issue a PCN. It then goes on to explain a bit more further down 13.5 You must tell us the specific consideration/grace period at a site if our compliance team or our agents ask what it is. 13.6 Neither a consideration period or a grace period are periods of free parking and there is no requirement for you to offer an additional allowance on top of a consideration or grace period. _________________________________________________________________________________________________________________So you have  now only overstayed 5 minutes maximum since BPA quote a minimum of 10 minutes. And it may be that the Riverside does have a longer period perhaps because of the size of the car park? So it becomes even more incumbent on you to remember where the extra 5 minutes could be.  Were you travelling as a family with children or a disabled person where getting them in and out of the car would take longer. Was there difficulty finding a space, or having to queue to get out of the car park . Or anything else that could account for another 5 minutes  without having to claim the difference between the ANPR times and the actual times.
    • 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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I live in UK. Part own a house in France. Need info on going bankrupt in France


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Hello. I own half a house in France which my ex husband (who owns the other half) refuses to sell or pay me my share. Meanwhile he lives there. We are both Scottish.

 

I live in Scotland and have run up debts of around £14,500 over the last 7 years as my ex has avoided paying any child support for our 4 kids. I don't want to go bankrupt in Scotland as it will badly affect my credit rating.

 

Does anyone know how I can go bankrupt in France? I am hoping the French Official Receiver will force my ex to either give me my 50% of the house (so I can pay off my creditors), or force him to sell it and I will get 50% of the proceeds, less what the Receiver takes.

 

 

Grateful for any information on this. Many thanks.

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Hello. I own half a house in France which my ex husband (who owns the other half) refuses to sell or pay me my share. Meanwhile he lives there. We are both Scottish.

 

I live in Scotland and have run up debts of around £14,500 over the last 7 years as my ex has avoided paying any child support for our 4 kids. I don't want to go bankrupt in Scotland as it will badly affect my credit rating.

 

Does anyone know how I can go bankrupt in France? I am hoping the French Official Receiver will force my ex to either give me my 50% of the house (so I can pay off my creditors), or force him to sell it and I will get 50% of the proceeds, less what the Receiver takes.

 

 

Grateful for any information on this. Many thanks.

 

I don't think you can go bankrupt in France without it affecting you in Scotland. Within the EU, i think if you go bankrupt in one EU country, you have to go through your full finances in every country. Because you are resident in Scotland and appear to have not been a resident of France for more than 3 years, i think the only place you can declare bankruptcy is Scotland.

 

You need to seek advice from a Solicitor who knows law applying in Scotland and France. There might be other ways to get at the equity of the house in France, other than bankrupty. Perhaps going after the child support and getting a court order in Scotland, which you then transfer to a French court. If he then does not pay, there might be ways of forcing the sale of the house, but i have my doubts. The other possibility is the divorce financial settlement, to see what can be done.

 

Any option is going to take along time. It could take years, before any order was made for him to sell the house.

 

You best option might be to ask for advice about your Scotish debts to see what can be done about these. I think you need to do that first, with the house in France being a remote possibility, because it is unlikely a court would force a sale. If you what advice about debt in Scotland please ask and the site team will direct you. Or in Scotland there is a network of advice centres, where you can seek advice and they might know of Solicitors who can answer questions on EU wide laws that might help you.

We could do with some help from you.

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  • 2 weeks later...

Hello, Gigi

 

 

I suppose it comes down to where you were married, if married in Scotland, it's Scottish law, or married in France, French law. I don't know French law or Scottish law, but I do know that English law permits you certain property rights. In England/ Wales, for instance, you can force a sale if the property was jointly owned or force a sale in your own right if the family home were intended for the family. If it's France law, they should have a post divorce law that permits the French courts control the assets. There will be way to do something about this. Hope you find the solution you need.

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why havent you used divorce proceedings and the family court to force hubby to pay up or get out? Generally when there are children the courts dont close off any financial ties until they reach the age of majority so I would have a chat with a divorce lawyer about what you can do via your case. You may be able to enforce a lump sum settlemt of overdue maintenance payments as well.

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