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Gick

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Everything posted by Gick

  1. It would appear that the 'garnish order' in relation to the failure to pay the fine imposed at the first trial (of which you were not aware) was in place before your Statutory Declaration. You are just unfortunate that your SD did not come in time for the order to be stayed. You will get that money back after the new trial when you are found not guilty/the case is dismissed. I would suggest that you get to the court early and seek out the duty solicitor who should be able to reassure you in the same way that dx and man in the middle have. His service is free for advice. Remember to BREATH, listen carefully to everything that is said or asked of you and if anything is unclear, ask for it to be repeated or say. "I'm sorry you worships I do not understand" (if bench of magistrates) or "your honour" if district judge.. The duty solicitor or court usher will be able to tell you which. You are entitled to sit in the public area to watch proceedings prior to your case being called and this will help you familiarize yourself. There will be a list of cases being heard in that court so you will see when you are likely to be called. Best of luck
  2. Which is exactly how these **** work, badgering and harrassing so that people pay up to avoid the hassle.
  3. BankfodderI don't think that the OP is asking for advice with regard to his consumer rights viz a viz his purchase. He is asking advice regarding the failure of the manufacturer to accept liability for a recall that has expired after 6 months. tedd4 - I suggest that you google the fault and see what the dedicated Audi forums suggest. Unfortunately various site team members upset the most knowledgeable cagger in these matters (heliosuk) so that he no longer posts on the forum.
  4. Thank you Man in the middle for a most clear and comprehensive reply. I think that you have been very patient with someone who is displaying 'difficulties'.
  5. I am fully cognisant with the legislation, as is Man in the middle. You are wrong and repeating your wrong advice ad nauseum will not make it right.
  6. How would the court know it was in 21 days? As has been stated several times by Man in the middle, this is a Statutory Declaration, not a court hearing. The applicant takes an oath or affirms according to preference, that the application, including their first becoming aware of the prior hearing, in front of the Justices. The circumstances of why this comes about has absolutely no bearing on the SD. You do seem to be confusing an SD with a set aside order at the County Court where the judge would need to be satisfied that there is a good reason for the judgement to be set aside and also that there is a realistic prospect of a defence. The SD could be made at a solicitor's or Notary Public's office in just the same way. (usually at a small cost) Look upon it as similar to the anti-money laundering declaration when you sell a house.
  7. Before dx jumps on this, please do not give this speculative invoice the authority of a 'fine'. Only a court can fine anyone. Even the police can only issue a fixed penalty notice and the council a penalty charge notice. You have been here long enough to realize the difference.
  8. https://www.northamptonchron.co.uk/news/people/faulty-ticket-machines-at-private-northampton-car-park-hand-out-fines-to-customers-who-paid-for-all-day-stay-1-9129674 Unfortunately the paper still uses the words 'fine' and 'penalty, I have written to the editor many times in the past on this subject. Ironic that the employees at the office also use the term, despite being part of the Bulk claim centre, originators of the mcol claims on this forum!! Should know better.
  9. https://www.northamptonchron.co.uk/news/people/faulty-ticket-machines-at-private-northampton-car-park-hand-out-fines-to-customers-who-paid-for-all-day-stay-1-9129674

     

    Unfortunately they continue to use the word 'fine', several times I have written to correct the paper on this point.

    It is interesting that the office mentioned is the Bulk claim centre that originates those within this forum and is the home to Mcol!! 

  10. Just one point whilst you submit the answers to the above link, if it does say 'should' this is advisory. Irrespective of other considerations, to be part of a contract (if such was formed) it would say MUST.
  11. Just a reminder that before you post a PDF of the Parking Charge Notice that you redact all personal information, Reg No, name and address, reference numbers, bar codes etc. You can use slips of paper temporarily stuck on to do this if you do not have a digital paint program. DO NOT use felt tip pen as it can easily be read through.
  12. I suspect that the template that you reference in your post #20 is one that is used IF you received a claim form from Northants Bulk Claim Centre. and in essence it uses court procedure rules to require the PCC to produce evidence that they will rely on should the claim proceed to a hearing. As has been stated by several experienced Caggers, this is a BYE LAW matter, nothing to do with County Court. What you have read into their letter as fact is anything but fact it is their twisting of legal terms to frighten you. They seem to have succeeded! Take a deep breath, re-read the posts from ericsbrother, FTMDave, et al and realize that you do not need to pay ANYTHING, so worrying about a discount cutoff date is unnecessary. Finally, IT IS NOT A FINE. thinking of it as such give a legitimacy that it does not deserve.
  13. I think that it was expected that you would post up your defence as you would send it to the court, ie with dates, etc in your words. Instead you have merely quoted the library template. If you had read other threads you would understand this. It is no good merely quoting, you must understand the reasoning behind recommendations so that you can fight fire with fire.
  14. Do you actually read the posts that experienced CAGGERS are taking their time to submit? DX100uk said in the post before your last one Safe to ignore. This is a self help site where those seeking assistance are expected to read other threads in order to not just blindly follow, but understand the subject. In doing so you are empowered and thus have no need to panic.
  15. Precisely why I suggest Sorning at the end of the month as it can be done online and is instantaneous!
  16. The ideal way would to SORN at the end of the month (assumes an off-road storage for a few days, then transfer ownership beginning of next month. That way the maximum prepaid tax will be returned and the least lost tax for the new owner/keeper.
  17. The point is that if it is a road maintainable at public expense, a Private Parking Company has no authority to ticket you. Therefore you are seeking that status.
  18. Don't forget to add the cost to your expenses when you win and submit a costs claim!
  19. Assuming that when you say that 'person who I bought it from used stolen credit card' this was in order to acquire the vehicle, it is essentially a stolen vehicle. Please confirm this. Also can you answer the following:- a) From/where, by what means did you buy the vehicle. ie dealer, private advert, gumtree, ebay, motor auction. Depending upon the circumstance, the vehicle may well now belong to an insurance company. b) How did you pay, cash, cheque (yes some people use them), bank transfer, debit card, credit card, through a finance company. If you think that you are getting the run-around from the police, ask for the local Inspector who should be able and willing to find out the circumstances for you. Try to stay calm, being confrontational will not help get answers.
  20. It is dangerous to assume that the witness statement from one claim will be the same as another. Better to await yours and show it to the experts on here in order to get tailored advice. There is no bullying to have a paper hearing, simply a request to the court for it. This is rebutted in your directions questionnaire if it gets that far. The reason they do this is not just to save a hearings fee, but mainly because they cannot then be cross examined to show the unmitigated lies that they always make.
  21. In point 6 under signage you say 'the defendant' instead of the claimant. In point 3 you have included your VRN This is a no-no on a public forum.
  22. 1.1 The Claimant has failed to identify the driver at the time and as they do not rely upon the POFA to create a keeper liability, there is no cause for action against the defendant who was not the driver at the time. Suggest the above which I think is what you were wishing to say.
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