Hi dx, BazzaS Thank you for your messages. They are greatly appreciated. Hi dx - yes B2B and >200K and yes based on my research we need a court judgement FIRST and then go for SJ? Hi BazzaS - ATM, We are preparing all the relevant papers for Pre-action Protocol and Claim to keep the costs down. When all paperwork is ready, we will then find a Solicitor. We are preparing the clam and completing the N1 form. Please will some one clarify to me - do I issue the writ through Northampton County Court (NCC) or do I serve the Claim and N1 form direct to the debtor and forward a copy to NCC. My experience is limited to MoneyClaim On Line. Thank you/W

Dear CAG Firstly, thank you to HB and dx for re-opening the case. So, we spent the last three months trying to reach a solution with the debtor because he sent a without prejudice email to my friend declaring that he “wanted to meet, discuss the whole thing and pay something”. But, the meeting never took place because my friend asked for an agenda, a settement figure and then advised the debtor that my friend wanted me to accompany him to the meeting. The debtor stressed he wanted a one-to-one meeting only and would not disclose anything else. After that, we heard nothing more from him. I believe we have no other choice but to go through the courts to recover the debt. My friend does not want to use his solicitor as the fees are prohibitive. He will pursue the case himself. He asked me to help him even though I advised him I was neither qualified nor knowledgeable enough. We sent the debtor reminders for payment and formal letters requesting payment. There were no replies. Finally, at the beginning of this month, we sent a letter summarising the entire situation, highlighting on the agreement, stressing that the debtor had agreed to pay, reminding the debtor that he had paid for the first part of the work and this outstanding amount was owed for the second part as it was not only common knowledge in the industry but was confirmed by the end user that the project was to be implemented in two stages. My plan is to try and finish this case swiftly. We want to apply for summary judgment on the basis that the debtor has no defence. Prior to commencement of the second project my friend obtained a cofirmation from the debtor that the debtor would continue to work with my friend as before, in the first project. The debtor had not honoured the written agreement nor this additional agreement so, we want to serve the writ based on "Breach of Contract". I believe I have built up the file accordingly and sufficiently over the last three months. But, I really need CAG to help me. Please advise me regarding: a) the Pre-action Protocol b) Your thoughts on us applying for Summary Judgment, c) Specific court forms I need for submitting a Summary Judgment application d) The correct interest rate to apply e) Please advise on anything else I may have missed out f) My understanding is we cannot serve this writ through MCOL so we need to serve the writ through a high court. I assume I need to serve the writ through a high court local to the debtor's company registered office address. g) Do I need to give " a title " to the writ or may I simply state "Application for Summary Judgement following a Breach of Agreement" Thank you very much indeed for your help Warm regards W

Hi Dave and LFI Thank you very very much indeed for your contributions. The master plan is to send both - an email to the CEO and hand deliver the letter to the branch manager. will get it done today. I will report back. I am really sorry for my silence, but i have been in hibernation due to a stinking cold. Thought it was covid but fortunately I tested negative !! Thank you again W.

Hi Dave No Not yet. Will send a chaser today, but will report back here soon as we get a reply Thank you Wrecked.

Hi Lookingforinfo, Yes I could not reduce the size and so I was unable to make one document for forwarding to you. I can only upload one page at a time. I am sorry I am really useless at this. But here is Page2 of the PCN. It says that they complied with PoFA thank you Wrecked. P-3.pdf

Hi HB, Dx and Dave, I have now been able to take pictures of the PCN's using my phone and convert to .PDF, but I cannot make one document as size too big for upload. I can only upload one page at a time. So here is the PCN. Shall I upload the other two pages - the second document is a reminder and the third doc is the back page which is the same for both ? I am sorry I am pretty useless at this. thank you Wrecked. PE PCN.pdf

Hi HB, DX and Dave thank you for your comments I will follow your advice and go see the manager of Booths and then the CEO. If thats not productive, I guess I will wait until Notice to Keeper and then deal with it then. can you suggest anything else? Thank you Wrecked.

Hi HB and DX thank you. Noted.

Hi Lookinforinfo - the registered keeper has to contact PE I guess. DX - are you saying I should not write to PE - so should the registered keeper write this letter or are you saying they should not write to PE - sorry for my ignorance - please clarify thank you

Hi CAG Parkingeye (PE) issued a Parking Charge Notice for an overstayed by 38 mins at a Booths car park. went in to do some shopping and got delayed as met with the wife of a very dear friend (My friend recently passed away) ended up having coffee together at Booths and I guess had a lot to talk about as I have just had a triple heart bypass. My friend passed away after his first heart attack. I survived mine.!! I had a run-in with PE some years ago. I replied to that PCN stipulating that I never entered into any contractual agreement with them. When they wrote back I replied that I had stated my case and as far as I am concerned the matter is finished. Then I ignored their follow-up letters. I have been reading posts on the CAG to help me deal with this current issue - my question is should I follow the same tact? In the meantime, I have copied and pasted the CAG form as below: 1 Date of the infringement 15/03/2022 2 Date on the NTK 19/03/2022 (it is within 14 days from the date of the event) [scan up BOTH SIDES as ONE PDF- .......unfortunately my scanner is not working right now but its a PE standard PCN 3 Date received 26/03/2022 4 Does the NTK mention schedule 4 of The Protections of Freedoms Act 2012? [Y/N?] YES 5 Is there any photographic evidence of the event? YES 6 Have you appealed? [Y/N?] post up your appeal] N - but based on my research through CAG I was going to write to PE and declare that I do not acknowledge any contract or any debt but that if they can give me a detailed account of any losses which any alleged transgression might have caused, I am prepared - without any admission - to consider whether I might be prepared to pay that sum. (This is extracted from BankFodders's post of April 23 2012. ) and see what they say. Have you had a response? N 7 Who is the parking company? PARKINGEYE 8. Where exactly [carpark name and town] BOOTHS - CARNFORTH For either option, does it say which appeals body they operate under. PARKINGEYE AND INDEPENDENT APPEALS SERVICE (POPLA) There are two official bodies, the BPA and the IAS. - IAS but THEY SAY THEY ARE APPROVED OPERATOR OF BPA If you have received any other correspondence, please mention it - I RECEIVED A REMINDER DATED 28/03/2022 WHICH I RECEIVED ON 31/03/2022 I am so sorry but my printer/scanner is not working - I will try and do this ASAP - but I want to send this reply to them No doubt, they will reply next week and then I will post on CAG All the best/Wrecked.

Thank you, Mantis .. so far so good ...as they say. He is away at the moment and I will have a detailed talk with him on his return next week. I will update if there's anything new. Best/Wrecked

Dear All, Please accept my apologies for being silent for the last couple of months. I am afraid I had a heart attack at the end of January and ended up having a triple heart bypass. I am doing well now - just taking it easy. !! My friend was extremely grateful for your comments and advice which he followed. He consulted a dynamic solicitor and is chasing this debt quite vigorously. He advised me that he employed a credit controller to chase the debtor. I will get back and update you on the progress. Thank you CAG - again. Have a great weekend. Wrecked.

Hi Thank you very much indeed Mantis . I really really appreciate your advice. He had high blood pressure Thursday so I left it, but told him I had good news from CAG and arranged to meet up with him on Sunday to go through this matter. Thank you again Have a good weekend Warm Regards W.

HI Thank you STU - yes, of course I will check and go through everything as you advised. I asked him not to do anything. A few more days will not make any difference. I told him I wanted to seek the opinion from CAG Thank you All the best W.

Hi BankFodder, Thank you for your reply. I feel the same way. As said in my first post above, it stated on Company House's website : "....deemed to have continued in existence as if it had not been dissolved or struck off the register...." Which means the restored company is absolutely valid and can continue as normal, as if it had not been struck off. Value wise, it is a lot. 200K+ The project was in two parts, most of the work was done when he initially started in 2016 when he was well. The first order was in 2017. He received his commission payment. This second requirement took place in 2019 after he had his second or third heart attack. And thats the reason why he was completely off the grid and unable to submit papers to CH. He did invest a substantial amount of his own money over the years whilst the project had been ongoing. But now the manufacturer is refusing to pay. This is why my friend has been absolutely worried sick. He could easily lose his house over it. He is thinking that his only course of action is to serve a writ on the manufacturer and as a result he will have to meet the various costs required to proceed with this action. And that is why he asked my opinion. Like you, I was not sure as his company had been struck off. Thats why I reached out to CAG. My advice to him has been to try his hardest to try and impress on the manufacturer to pay without having to go to court. Of course, they are not taking his calls so he is having to email and write letters. He's now tearing his hair out and all I can do at the moment is to try and help him stay calm. I do not know what others in CAG think about this problem. All the best Wrecked.

Dear CAG, Please advise on the following problem. I have a friend who was very very ill since 2017. He had problems with his heart. After a number of heart attacks, he had a quadruple bypass in January 2021. (His bypass was to have taken place during 2020 but of course, it was delayed due to covid) While he was waiting for the bypass operation, his company was struck off by Companies House in 2019 because he failed to send the company accounts and other documentation. He failed to send them because of his illness. He made full recovery after his operation and he then restored his company as soon as he was able during 2021. Prior to his illness his company was appointed as a commission sales agent for a manufacturing company (based in UK) in 2016 . During 2017, his company won a contract for this manufacturing Company for the first part of an engineering project. His commission was paid in full by the manufacturing company after they were paid by the end user. Even through his illness and heart attacks he was able to complete the second sale for the second part of the same engineering project. As a result, the manufacturing company won the contract for the second part during 2020. The manufacturer owes his company commission from the proceeds of this second order they received from the same end user customer. The manufacturer refuses to pay the commission owed to his company saying that as it had been struck off, they are no longer obligated to make the payment. Any arrangement that was made prior to the company being struck off and for that reason, is null and void. Our view is that the company being struck off is irrelevant because a. It is a continuation of the same project b. The company has been restored. c. The dissolution was merely due to an administration issue with Companies House as a consequence of his illness. As the company has been fully restored the debt owed by the manufacturer is still valid, they are liable and they must pay. According to the guidance notes on Companies House Website (https://www.gov.uk/government/publications/company-strike-off-dissolution-and-restoration/strike-off-dissolution-and-restoration) Guidance. Strike off, dissolution and restoration Updated 24 March 2021 11.8 Once a company has been restored by the court When a company has been restored to the register, the general effect is that a company is deemed to have continued in existence as if it had not been dissolved or struck off the register. My friend is claiming the payment owed to his company. However, he may have to take legal action as I think the manufacturing company feels that they have the upper hand because his company has been struck off. Even though it has been restored, the payment is no longer owed to the sales agent. Will my friend be able to serve a writ on the manufacturer as a last resort so he could get his money? Please advise your views and comments on this situation so I can advise him and we an consider the next steps. Thank you Wrecked.

Hi Bailiff Advice thanks for your message. My Junk folder is empty. But never mind as i want to confirm that i received an email from TEC to confirm that they received my application and processed it yesterday... exactly as you said. below is the text The TEC has notified the Local Authority concerned that an application has been received and processed. Upon receipt of this notification the Local Authority is required to suspend any enforcement action. A copy of your application has been sent to the Local Authority. • The Local Authority is given 19 working days to decide if they wish to accept or reject your application. • If the Local Authority accepts your application within this time limit, the court registration will be revoked (i.e. cancelled). N.B. This does NOT cancel the original penalty charge. The matter will be referred back to the Local Authority. • If the Local Authority rejects your application, the court file will be referred without a hearing to a Court Officer who will make an impartial decision. You will be notified of the result. ++++ so i will report back as soon as i hear thank you again to you and everyone for their messages and contributions I am an ardent supporter of CAG all the best Wrecked.

hi Bailiff Advice thank you for your message. yes thats a very good point. i contacted them via email as their phone lines are either engaged or just rings. And regarding the Autoresponse - I do not think they send out Autoresponses to emails anymore. i did not receive any Autoresponse from TEC to the recent emails I sent to them last week but they responded the following day to my request to them for copies of latest TE7 and TE9 forms. They have ot responded to the application i sent on Saturday. May be they will respond today... anyway i sent the docs by SWIFT post with my signatures on the docs. all the best/Wrecked.

Hi Mariner51 Thank you for your message. sorry i was late getting back to you. i am afraid work just gets in the way as i had quite a lot of stuff to get done for today as i spent so much time on this matter OK - all i have are letters from the Council. I do not know if they were sent over Bank holidays or not. I can check the dates and list them out if you wish but i did not keep the envelopes to verify whether they were First or second class post. You said "...The sender can normally rely on the Interpretation Act for thr service of legal demands..." What does that mean? But i submitted my application for Out Of Time Witness statements on Saturday by email to TEC and notified the council as well as TASK about this. I will chase up the TEC tomorrow and ask if they received it and instructed TASK to cease their action In the meantime TASK replied to my first notice (I emailed them on Friday that I was submitting my application to TEC) and said that the hv been instructed by the council to pursue the matter and they gave me an extension till 29 Sept to make the payment. thank you again all the best Wrecked

Dear Bailiff Advice Thank you so much for your message. I have been checking though my documents and files and i regret i do not have any of the docs. you listed. I have also checked with my housemates to see if they have any of my letters but to no avail. I know you mentioned that i have no grounds to submit out of time witness statements, but on the basis that at this moment I have to make do with what I have as a Bailiff visit is imminent, I think i will try this route on the basis that i have paid the penalty charge in response to the "discount offer" . I will stress that the delays were outside of my control. If i fail with that then I have to make the payment so at best, it may get me some time. Thank you again - i really appreciate you spending your valuable time to help me. Its most kind. All the best/Wrecked.

Dear all Firstly, - thank you for such fast replies. i am very grateful. To answer the questions – 1. it was titled Penalty Charge Notice 2. I do not understand why the mail had taken so long to reach me. I do receive most of my letters promptly though a few had been delayed by some days (as in this instance) I complained at the local sorting office but they said they cannot help as a. Incoming letters and they are not tracked b. Post office handles over 800 million items a day and some get lost/delayed. 3. I do not have Notice of Enforcement ... should i have received this notice? 4. The only notice I have is “notice of Intended Removal” dated 12/09/2017 from TASK Bailiff Advice – regarding your other comments: TE7 – I am not disputing the penalty. I have paid it as per the original request of Barnet parking services the issue was that it was outside of their 14 day window. You state that I should pay the £ 138 – OK that’s noted... however i am pretty broke so this will have an impact on my other bills. If I do make that payment is there any chance that I can recover all or any part of it … or shall I just bite the bullet, pay it and walk away? thank you Wrecked.

Hi All, been a while since I have had to seek help from CAG. I am not sure what I can do so please advise me. Briefly: I am a blue badge holder + parked on Disable Bay. But I was issued a ticket as that particular bay was only for a specific Blue Badge holder. After I wrote and submitted my representations I was granted a "discount" of £55 to pay within 14 days by Barnet Parking Services (BPS). Unfortunately, BPS’s offer letter was delayed in the post and arrived 24 days later. I emailed + wrote, explained the reason for the delay but paid it anyway. They accepted this payment and then proceeded to recover the "balance" because my payment was received outside the 14 day window. My subsequent letters citing postal delays were ignored. Now I received notice from TASK demanding £138 stating that Warrant of Control was issued by Northampton CC TEC. (I did not receive any notices from TEC) Of course, I received TASK's letter dated 12 Sept.... yesterday!!. TASK say they are coming to seize goods on 19th Sept - but have not shown up yet. I am really concerned they will show up later today or on Monday How and what do I do to fight this? Do I try to submit a witness statement out of time (TE7 and TE9) ? and if so on what grounds can I do this? I do not know what to say to complete TE7 - there were no Notice to owners issued etc. There were no notices from TEC. Do I merely state on TE 7 that I have paid the ticket ?... and then give explanation of sequence of events? I also want to ask if completing and submitting the Out of time forms is the correct way to proceed. Please help ASAP thank you Wrecked

Hi Martin thank you for your message... i cannot as i do not hold a British passport. But i will check that out also. thanks best/Wrecked

Hi Martin, thanks so much for your message. i have applied to Santander and my application was rejected as there is not much history and i am not on the electoral register this is why its not so easy for me to open an account. I have appealed this on the basis that they made a mistake with my address - they took the address of the company i work for. I also told them that i can show them copies of 3 months statements from Halifax account if required and i am told that they will let me know on Tuesday. In the meantime, i am trying the post office. I shall deal with Halifax after receipt of their reply to my SAR thank you again Best/Wrecked

Hi Martin thank you for your message. Thank you - i will check out Nationwide but its far from where i am now located. yes i am sending them a SAR best/Wrecked