Can you give us an idea what it says please?

 

HB

It's a petition to dissolve/end a marriage.

Hi

How do I accept the petition without agreeing to her false allegations of domestic violence?

Sorry for the delay, I've had online access problems which will hopefully end today.

Any tips on where to get input on how to respond to the petition?

Thanks CB

I called them and they resent.

Hello

Wondering if anyone can assist. A few weeks ago, I received a petition for divorce from my soon to be ex.

I put it aside thinking I had about 28 days to acknowledge it as I was and am still in the middle of arranging moving home.

Unfortunately, now I've lost the forms I was sent AND I was told I was required to acknowlede to the court within 7 days of receiving the petition.

Any ideas on what I can/should do asap please?

Thanks in advance.

Not sure if I should go ahead with an appeal...or just cut my losses.

Like I said, I may be corrected lol.

Hi Grumpy

Please have a look at this other PATAS case which seems to contradict the above.

Case Reference:213063521A

Appellant:Mr Zeljko Radojevic

Authority:Camden

VRM:Y213GAC

PCN:CU37686512

Contravention Date:15 Oct 2013

Contravention Time:21:16

Contravention Location:Bedford Avenue WC1

Penalty Amount:£130.00

Contravention:Parked adjacent to a dropped footway

Decision Date:28 Jan 2014

Adjudicator:Carl Teper

Appeal Decision:Refused

Direction:None

Reasons:The Appellant has not attended and the Enforcement Authority is not represented.

 

The authority's case is that the Appellant's vehicle was parked adjacent to a footway which had been lowered to meet the level of the carriageway when in Bedford Avenue on 15 October 2013 at 21.26.

 

The Appellant's case is that he parked on a single yellow line outside the hours of operation, and that other lowered footways had double yellow lines; he found this confusing.

 

I have considered all the evidence and I find that the Appellant's vehicle was parked adjacent to a footway which had been lowered to meet the level of the carriageway when in Bedford Avenue on 15 October 2013.

 

I find the enforcement officer's record to be accurate and credible. I have reached this conclusion bearing in mind that it is contemporaneously recorded and is supported by photographic evidence. I find that the photographic evidence and Civil Enforcement Officer's notes confirms that the Appellant's vehicle was parked adjacent to a lowered footway.

 

A lowered footway contravention is not connected to the restriction on single or double yellow lines but stands on its own 24 hours a day 7 days a week.

 

The appeal is refused.

Oops sorry just saw the PATAS ref above!

Like I said, I may be corrected lol.

Thanks Grumpy. Just what I need I think. The signage/markings just aren't clear enough in my opinion.

Do you have the details of the case you quoted?

Hello All

I hope you can help.

I recently received a PCN affixed to my car for an alleged Code 27 offence. i.e. 'Parked in a special enforcement area adjacent to a footway, cycle track or verge lowered to meet the level of the carriageway.'

I want to contest this on the basis that

1. The signage around this area is poor and unclear. It certainly was not clear to me that parking was prohibited as there was no visible warning signage and it was a single yellow line.

2. I have parked (never more than 20mins) at this very location, always AFTER 18:30 several times in the past, over many years and never been ticketed or warned not to do so - not even by other motorists or passers by.

I think this is worth contesting as the signage seemed unclear to me as well as observed usage over the years.

The borough is Enfield.

Hi Dodgeball

I've found your posts on this topic quite helpful.

How best to use/what uses would you say this ruling accomplishes for debtors/defaulters?

Thx in advance...

Thanks for this folks.

It's another useful outcome for the wee guys.

It will come down to why the payment was not made.

 

Whatever the case, it is imperative this is resolved before the expiry of the 7 clear days.

Assuming I'm not lying then, in light of what I've said about an ACTIVE direct debit arrangement STILL in place with HMCTS, what do you propose I do?

i.e. it's clearly their fault for not taking that last £10 and that's even if I actually still owe it.

I've not seen any schedule of payments for the fine since I started making them.

It does seem strange as to why it has taken so long to get to you so you should contact CES today and ask for the date of postage. If it was posted on the 2nd you will have to pay all of it by the 15th.

 

If you do not pay, they will send out an enforcement agent and this will add a further £235 to the bill.

 

This is perfectly lawful and it is therefore better that you make payment of the £85 as soon as possible.

Please clarify on why this is 'perfectly lawful'?

I had and still have a valid payment arrangement in place. If in fact £10 was still owed as alleged, why did they not simply debit it along with the earlier Direct Debits?

Also, had I actually cancelled the DD mandate [which thankfully I haven't], should they not have notified me of the outstanding amount before referring it to a debt collector? There's been no refusal to pay or failure to contact/respond on my part so why should my costs have to increase?

Definitely seems far from 'perfectly legal' to me.

How was the Notice from Collectica sent - 1st or 2nd class via Royal Mail or via another mail carrier?

Not sure based on the envelope. The stamp bit says "Delivered by Royal Mail C9 10002" if that helps?

They are well out in terms of timing.

Seems so to me, not sure what my rights are if they are though??

 

Before the Enforcement Co became involved did you receive any notification from the Court you were in arrears?

Absolutely nothing. As I said above, the sum was being paid via a DD arrangement that THEY setup for that very purpose. Having checked my online banking just now, I notice that their DD arrangement is in fact STILL ACTIVE.

If not then you should contact the Fines officer to find out what is going on. it appears to me that the Court have not followed procedure and should take this back and let you just pay the £10. If however it can be proved they have complied then unfortunately you may be saddled with the Compliance Fee.

Please see comments.

I most certainly have not had ANY reminders or warnings of any kind. What procedure are they supposed to follow?

Hi All

I have just received a 'Notice of Enforcement' from Collectica Enforcement Services (CES). I got it in today's post but notice it's issued 2nd of May?

Anyway, apparently, I owe £10 to HMCTS.

CES have now added a £75 'Compliance Stage Fee' thus raising the 'debt' to £85 now due for payment. The Notice states I have until May 15th to 'pay or agree a payment arrangement' with CES.

I am OK to pay the £10 but DO NOT agree with having to pay the £75 and would like to challenge it.

THIS notice from CES is the first time I am being made aware of this shortfall.

The £10 debt is nothing but a shortfall from a court fine from July 2013. I had setup an instalment payment arrangement by DD with the HMCTS payments company to pay the fine in monthly instalments which I 'd been doing up until about Jan/Feb when the full amount was cleared (or so I thought).

HMCTS setup the monthly payment arrangement AMOUNTS to clear the debt, not me. I assumed they knew what they were doing and that payments would be taken until the debt amount was cleared in full.

Around March/April (have to check not sure), I stopped the DD payment setup on my Online Banking as I had waited until they stopped taking the payments for about 2 months - assuming that the balance had been cleared in full. I originally owed £400, and paid £100 July 2013 and £50pcm from August - January to clear the balance.

I am now minded to send a £10 cheque to Collectiva (or direct to the court??) for the O/S £10 I was unaware of whilst challenging the £75 'stage fee' as this is the FIRST I am hearing of the fact that it was oustanding.

Surely I should have been notified, as a compliant payer, that there was a £10 shortfall and given the opportunity to clear it rather than straight to a Debt Collector with further charges added on?!? Absolutely not right.

Kindly please offer your thoughts on how best to go about this.

Regards

Btm

...yeah, since I'm subscribed, how come I didn't get an update when they posted the query?

I have to say,

I think this latest refusal by them is a strategy they are following. They've not commented at all on the case law OR the fact that there was a breach by the original supplier.

I suspect this is just to see how far I'll take it before they cough up - but we'll see.

I imagine you will get push-back from your bank since (I believe?) the FOS at one point said paypal transactions weren't covered but we will have to wait and see.

Thanks for checking Steampowered.

Said 'pushback' arrived from lender yesterday so it looks like this'll have to go all the way as FOS aren't my cuppa tea.

Will soon find out...letters in the post...

Btw, the above request goes for anyone else who has an interest in this and plans to use the case law at some point.

If you know how to check just how authoritative cases are, please do so and share your findings for all our benefit.

Thanks

I would suggest checking that the case law has not been overturned by a more recent

case just to be on the safe side.

Phew! I thought you meant it already had!

Ok, will do my best but I'm not the best with Bailii.org and the others so if you can have a look too please?

Would seem conclusive if not superseded.

Please clarify? Where and when please?