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angelnatty

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Everything posted by angelnatty

  1. Just wanted to thank you all so very, very much. I truly appreciate your responses. :0) I will sit back and let them get on with it! My grandparents are non the wiser about the situation as they don't need the stress! But I feel more comfortable now, so again, thank you :0D
  2. Hi Everyone This is my first time posting, I have however been reading and using some of the advice on here already! however I am feeling the pressure and I'm very unsure with what to do now! To cut a very long story short, I recieved in the post a 'fine' from civil enforcement ltd, I had absolutely no idea why I'd got the ticket so I called them. I was informed that my car was parked in a 3 hour car park for over that period of time! after looking in my diary i then realised that i had actually not parked in the car park myself, my grandma had dropped me off at the train station as i was going to a job interview, and took grandpa to a hospital appointment. after my grandpa's hospital appointment my grandma dropped my car off in the car park, please bare in mind she's 79 so just dropped the car off, not really looking for any signs of parking inforcement notices, my mum kindly drove my grandma and pa home so they did not have to come and get me in the dark. I live with my grandparents due to the fact that my grandpa is ill and my grandma can not afford to substadise the additional cost for a care home, or a care at home team, so i live with them to help them out. I wrote to CEF explaining the situation, and that I was not driving the car or had parked the car, not only this due to me not having a job, i could not afford £75 as this is more then the benifits im getting, nor can my grandparents afford the costs as they are struggling with money themselves, what with my grandpa being ill. I got a letter back from them saying they had considered my case but would not revolke the ticket, and they expected payment within 7 days! to add insult to injury, i asked them to write back to me directly at my grandparents address which I'd stated in my first letter to them, as i currently live with them and i am over an hours drive from my parents house where my car is currently registered too, as im only here to help for a period of time, to which they replied to my parents address so i did not get their reply till 4 days after there payment due date. I then went to my local C.A.B and spoke with one of the free legal team there, they advised me to write to them, saying that i had been advised that all the time the ticket was is dispute they were not able to pass it onto a colletion agency. i also put in the following: Your dispute is with the driver of the vehicle at the relevant time, to which I legally do not have to provide you with the identification details, not with me as the keeper. Unless you are able to provide, to me, evidence that I, as keeper, am responsible for the alleged debt and that this alleged debt is an actual debt, to which you can prove you made a loss, providing a clear breakdown of the excessive costs to the total amount of £75.00, thereafter £150.00 I will be unable to enter into further correspondence with you. Unless you provide me with the above mentioned evidence, this alleged debt will remain in dispute and I must ask you to cease and desist correspondence with me. Therefore this penalty notice is still in dispute, you are therefore legally not allowed to pass this onto any enforcement agency. If you wish to take this to county court I will call 3 people forward as individual witnesses, to state who parked the vehicle, only will my defence hold the information of the driver. I will then put in for claims of expenses for my legal team, the losses of my witnesses from loss of earnings and all travel costs, as well as costs for undue stress your company have caused to myself and family members. You were also asked to reply to a different address due to me not living at the address you contacted me on, therefore you ignored my request, making the response time more lengthy. As a representative of Civil Enforcement Ltd, your company are now under notice of the above. This letter is written without prejudice. today i got a reply to my grandparents home!! stating the following: "Although you state that you were not the driver, as Registered Keeper you have the necessary information about the identity and contact details of the driver to enable us to recover the amount due from that driver. We therefore require you to provide us with the name and address of the driver of the vehicle on the date and time when the vehicle was parked in the above-named car park, within the next seven days. if you were not the driver at the relevant time, and you do not provide us with the requested details of the name and address of the driver at the relevant time (or if you give false or incomplete information), we will issue court proceedings against you seeking an order compelling you to disclose the requested information. It is quite widely (but wrongly) believed that registered keepers cannot be compelled to discloser information of this nature if car park is operated on private land. the relevant court order is called a Norwhich Pharmacal order, after the name of the case in which its availability was confirmed by the house of lords. we will seek such an order against you if you do not furnish us with the true details of the driver at the relevant time, unless there are resonable grounds for your failure to do so. If you believe there are such reasonable grounds, you must tell us what those grounds are. If it becomes necessary to go to court, further costs will be incurred. you may of course, choose to pay the amount due and recover the same from whoever you authorised to drive the vehicle or instruct the driver to make payment directly to us. We note your request for photographic evidence however, you did not send us the appicable fee. If you would still like to recieve photographic evidence, please forward a cheque for £10.00. In the event that your subsequent appeal is upheld, this fee will be reimbursed in full. The charge that has been levied is clearly stated on the signage around the site. Furthermore, it falls within the British Parking Associations recommended guidelines for car park enforcement. I am at the momment very unsure what to do, i have tried to get an appointment with the C.A.B but all the appointments were taken, with all the bank holidays coming up, i will not be within there stated time to reply, so am currently incredibly stressed about the situation. There is no way that i can pay the ticket as i just do not have that amount of money with the benifits that i am, they go towards food, bills and paying travel costs to job interviews. If anyone can help me with a reply or advice, i would be very, very greatful. Many thanks for reading my post. Kind regards
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