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    • Just to clear it up, sorry I don't make sense sometimes. I have paid £4000 £1200 of that was suppose to clear the £1200 debt.   Meaning I have sent a extra £2800 on top of my normal mainternance money.   Thank you
    • Try CPR 31.15 Possibly but a party is not compelled to disclose any documents pre allocation
    • Hi, I shown my key worker a letter that was sent to me saying that I owe £1200, she setup a standing order around 2021, this was to pay back money I owed, with my mental health status I have had complex issues to deal with and I just simply forgot about this standing order so it has been running for about 3.5 years acording to my key worker, anyway I'm not worried about the money that was sent that I call a overpayment, it went towards supporting my child's household so I am just happy with that, I am a little sad that I am being told I still owe this £1200, I have sent bank statements over 3 years worth but they have not taken away this £1200 bill and still say I owe it   Thank you
    • She did try contacting EON in the early days of the debt but they refused to speak to her because she could not pass the security checks. She didn't know the answers on an account she hadn't opened?   I also saw this article recently which could be what has happended here: Debt collection agencies in the UK are using fair means or foul to link people to an address where an unpaid debt has been run up, sometimes years after they have moved out The Guardian Anna Tims Mon 22 Apr 2024 The letter from the debt collection agency arrived out of the blue, and it was intimidating. It informed Joshua Simpson* that he owed £2,212 to Octopus Energy, and accused him of ignoring previous requests to settle the bill. If he did not stump up within 14 days, he was told, further action would be taken to recover the money. Simpson checked his Octopus account – it was in credit. Then he noticed the address where the debt had been accrued between 2022 and 2023. It was his childhood home – which his family had sold 18 years previously. "Since I was only 16 when we left the property, I was astonished that they'd linked my name [to it]," he says. "The debt collection agency insisted I provide a tenancy agreement to prove how long I've lived at my current address. I couldn't, since we bought our home. "They are now actively pursuing me for this debt, causing me a huge amount of stress. We are about to remortgage, and if this debt prevents us switching to a better deal, we will face real financial hardship." Simpson had been sucked into the shadowy world of "identity tracing", whereby investigators recruited by creditors seek to locate individuals who have moved home without paying their bills. It is an unregulated sector where anyone can set up as an agent in a back room without a licence, or scrutiny, and use fair means or foul to identify debtors. Reputable companies join a trade association that operates a code of practice, but membership is not mandatory, and mistakes are common. Last year, a teenage boy was chased for a debt of more than £900 by debt collectors acting for the energy company Ovo. A "trace agent" had somehow linked him to the debt because his parents had previously rented the property in question. An investigation by the Observer established that the debt had been run up by a subsequent tenant. The consequences of mistaken identity can be catastrophic. Individuals who are erroneously linked to a debt face, at worst, court action, bailiffs and a ruined credit rating. At best, they can endure weeks of stress and paperwork in order to prove they are not the debtor. It is estimated that 20m identity traces are made in the UK every year, many on behalf of companies that are owed money. Personal data is often obtained from credit reference agencies, which record applications for credit, and details are supposed to be verified with several different sources before being used for debt enforcement. In practice, however, this does not always happen. Simpson's details had been passed along a chain of intermediaries before the demand was issued. Octopus had given the unpaid account to a debt collection agent, which had contracted a tracing service, GBG, to find the debtor................ Full Article: https://www.theguardian.com/money/2023/oct/04/a-cry-for-help-energy-providers-play-the-villain-in-dramas-to-chill-the-blood ..............The Financial Ombudsman Service, which investigates complaints about financial firms, states that debt collection agents have to produce convincing evidence to link an individual to a debt, rather than rely on names, addresses and birth dates. According to the trade association, the Institute of Professional Investigators, an unknown number of investigators and trace agents are operating below the radar. Many more are merely inept, as data protection compliance training is not mandatory. "We have been campaigning for many, many years to try to get all private investigators regulated," says secretary general Glyn Evans.
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      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.
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Untaxed vehicle


paperphobia
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I got a letter from the dvla that says they have photographic evidence of my car on the road (6/9/2017) and if I did not pay an out of court settlement of £361 by 29/9/2017 they would send it to court to get it.

 

I haven’t taxed it since March and I have taken a few months off work to do some home projects, but I got busted the other day going into town, as above.

 

They say that even if I tax it then the penalty of £361 still stands and I have to pay it to them.

 

Can they do this?

 

Also I just went online to get it taxed and it says that I have not paid since Nov 2016,

I am sure I taxed it in Spetember 2016 and it ran out in Feb/beginning March 2017…

 

Thanks

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please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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The Late Licensing Penalty is treated as a civil matter.

 

Using or keeping an unlicensed vehicle on a public road is a criminal offence, if the out of court settlement offer is not paid, it is a matter for a court case in magistrates' court.

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  • 5 months later...

Yes.

PUBLIC being the operative word. Law is funny around this point but the SORN doesnt allow it to be just left in a car park.

is this something they can do to me even though my license is revoked? being in a public car park not on the road
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Yes.

PUBLIC being the operative word. Law is funny around this point but the SORN doesnt allow it to be just left in a car park.

 

A SORN is valid as long as the vehicle is not used or kept on a 'public road' - a road repairable at public expense. A car park is not a road - Clarke v Kato and others, House of Lords 1989

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A SORN is valid as long as the vehicle is not used or kept on a 'public road' - a road repairable at public expense. A car park is not a road - Clarke v Kato and others, House of Lords 1989

 

Yes and no. The marked spaces in a car park are not subject to the RTA. The roadways are. So a vehicle in the roadway even within a car park must have everything that it needs (VEL, insurance, MOT etc).

 

But assuming that the vehicle was parked in a space, as it normally would be when parked in a car park, then the 'public car park' is a bit of a red herring.

Please note that my posts are my opinion only and should not be taken as any kind of legal advice.
In fact, they're probably just waffling and can be quite safely and completely ignored as you wish.

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Yes and no. The marked spaces in a car park are not subject to the RTA. The roadways are. So a vehicle in the roadway even within a car park must have everything that it needs (VEL, insurance, MOT etc).

 

But assuming that the vehicle was parked in a space, as it normally would be when parked in a car park, then the 'public car park' is a bit of a red herring.

 

A public car park would be a 'public place' for the purposes of the Road Traffic Act 1988, and so that act would apply.

For vehicle licensing and SORN purposes, it would need to be considered to be a 'public road' within the meaning of the Vehicles Excise & Registration Act 1994.

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A public car park would be a 'public place' for the purposes of the Road Traffic Act 1988, and so that act would apply.

For vehicle licensing and SORN purposes, it would need to be considered to be a 'public road' within the meaning of the Vehicles Excise & Registration Act 1994.

 

Ahh yes, you are correct. My mistake. Although it's probably not helped by the fact that legislation plays 'mix & match' with what it defines as a road. :lol:

Please note that my posts are my opinion only and should not be taken as any kind of legal advice.
In fact, they're probably just waffling and can be quite safely and completely ignored as you wish.

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There was a case of a chap who got lost following his satnav and drove up a farm track and got stuck. When he called for help he got doen for driving without due care ad attention. This begs the question as to why the law applies on private land and also WHAT other road users?

 

If the law is misapplied the yu can bet your bottom dollar it will be misapplied in the circumstances outlined here. The original case law regarding display of tax discs was in Cheam Library car park and the judge said that it didnt matter how the vehicle got there it was only how it was when the CEO ticketed it that was important so there is some protection from the law but the OP will soon have his car removed and also get a further series of bills for the priviledge

Edited by honeybee13
Paras
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If the farm track was considered to be 'a road or other public place' within the meaning of the Road Traffic Act 1988, then a charge of careless driving is possible - s.3 of that act.

 

If Cheam library car park was not considered to be a 'public road' within the meaning of the Vehicles Excise Act 1994, the judge was correct that there was no a requirement to display a vehicle licence.

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OP has not been here since sept 2017

 

thread now closed due to newbie bumping since then

 

start a new thread

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Share on other sites

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Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

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