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Everything posted by DejaVu

  1. And so tomorrow looms... The paralegal I saw told me to get equipped with any information I can and said I had nothing to worry about. I'm going armed with a printout of Section 7 of the Interpretations Act 1978 and a printout of the 'requirements' for notifying the DVLA with their 'request' for me to phone should I not receive acknowledgement. Together with my original appeal letter (that was sent recorded delivery). I'm planning on explaining in my 'mitigating circumstances' that I had fulfilled my requirement to notify by 'serving' the V5 document to the DVLA on the date of the sale via 1st Class post and did not realise I was under any obligation to send it recorded (albeit in hindsight I should have!) If there is anything else I should consider printing to aid my defense, please let me know ASAP. I know I've left this til the last minute, but I've chose to forget about it til the event to ease the stress. Will post the outcome once I know more. Watch this space.
  2. This is a Magistrates Summons, so should I write directly to the Magistrates (or the clerk of the court) in answer to the 'Statement of Facts' which says - section 59(2)(a) of the Vehicle Excise and Registration Act 1994, that, that is "Derived from" = http://www.legislation.gov.uk/ukpga/1994/22/section/59 gives no clear information to support the claim for failing to notify is an offence and is also very vague 'section'. I'm thinking a letter to the tune of almost the one I sent originally appealing the fine along with mention I have a witness who is prepared to state they were with me when the letter was posted to the DVLA on the day of the sale.
  3. Got one of these little beauties the today after selling our car to a friend, who had just passed her test, back in June 2011. I don't sell cars too often, I am but a humble car user/driver, so did exactly as was required making sure I did not delay. Posted off the V5 Document on the day of sale and I have a witness to the fact as a neighbor/friend was with me when I posted it. I did not receive anything from the DVLA, so considered everything had been done. The same day I sold my old car, I filled out a V5 for my new vehicle that I also purchased from a friend and posted that V5 off with him and received all the relevant documents within 3 weeks. 3 months later, in September, the friend I sold the car to told me they had not received the V5 document, so I told them they need to phone the DVLA and ask why or where it was which they did and got charged the £20ish to get a replacement sent. I thought that would all be the end of it and thought nothing of it. Beginning of December I received the first correspondence from the DVLA ordering me to pay an out of court settlement for £35. Being that I had done what was asked of me, I replied to the order on 17th January explaining that I thought it was unfair to fine me for something that was out of my control. Mid March, the second correspondence is a court summons with my letter I sent attached. I have been to Citizens Advice and they have arranged for me to see a Paralegal, which I received a call today explaining it needs to be rescheduled. Details on the V5 state - 'Once we know about the changes, you should receive an acknowledgement letter to confirm that you are no longer responsible for the vehicle. If you do not receive the letter within 4 weeks, please phone 0300 790 6802. If you are deaf or hard of hearing and have access to a textphone, phone 0300 123 1279. (This number will not respond to ordinary phones.)' This says to me that if I do not receive a letter within 4 weeks, I can phone them to confirm they received it. This does not seem legally binding to me, the word REQUIRED is not in that statement at all, and the word SHOULD instead of YOU WILL is also noticeable. 'Please Phone' is a also a request and not a requirement! I want to fight this all the way, as I feel it's the DVLA trying to dip further into the pockets of the UK driver yet again. Any advice or example letters I should send would be hugely appreciated. I'm not up on all these legal matters, but reading some of these forums suggests that Failure To Notify is NOT a legal requirement. It only becomes an issue for the new owner when the V5 is required for Tax/Proof of Ownership reasons and the DVLA demands a charge for a replacement In hindsight, I could have kept the vehicle registered to myself and allowed the new owner (my friend) to use it instead of going through all this over a stupid clause - thus keeping the number of keepers down too!!
  4. I've only had this account open since Feb 2008 after getting rid of Natwest. Halifax to me seemed a little better until recently. I didnt have any DD's setup until my Car Insurance was up for renewal. I've now got a running credit applied for with a company called Premium Credit who have explained to me today that the DD was setup from the preliminary contact for the cover to commence (24th of each month where I ALWAYS get paid on the 25th and have told them this since it began). They didnt give me any option to chose a date and I've only just reaslised they have charged me 3 times @ £20 and the bank has also charged me £35 each time. I feel conspired against as I've just spent the past 2 hours on the phone to both companies with each other blaming one another. Halifax outright refusing a 'good-will' gesture and Premium blatantly blaming my insurance company for not passing the information over. None of this is my fault and they dont seem to want to help me. I've read the banks have fallen in courts, yet they still dont seem to want to listen. The woman said to me on the phone 'When the results of the Court case is finalised, you should call us back and we might be able to help you more'. Is this a fob off because I was under the understanding they've lost already and are trying to appeal. Surely, if they lost, they lost. The appeal is to try and get a second opinion? I got so annoyed I told both call centre operatives they are useless and hung up and I'll be writing my concerns instead as my phone bill is now also on the increase! Where should I go with this? In total, the charges are £165 from the 3 seperate occasions. The total of the DD's (which also got paid a couple of days later) should only have been £96! It's completely ridiculous especially with the bank trying to force a new CREDIT card at me at the same time!!!??
  5. Linus, Spot on. To a tee! Exactly as you've written it, except the due date was yesterday. Didnt give 2 weeks before knocking. Turned up today. Going to ring the court tomorrow and explain I need a least a few weeks (til pay day). In the meantime forward a CCA to BC. If this letter is sent, does this mean the account goes into dispute and the court cannot collect the £77.25 til I've had a reply or should it still be paid? Is there any decent example of a CCA Request letters I can use in this situation. I'm not good with words and would need some sort of standard letter to send. Gonna take a look for it now.
  6. Great information, palomino. The bottom line is, we did move to our new address in August 2006. We have never recieved any court documents, although we have recieved a fair few letters from Brian Carter threatening with it. I reckon they have done exactly as you have said. Sent the 'important' documents to our previous address and these so called threatening letters to our new address. If they have done this, we will most definately follow this all the way through, cheeky B'Stards! We've NEVER spoke to or acknowledged ANYTHING with them. Letters came and went, text messages did happen, but we changed numbers 3 or 4 times and have since stopped (probably got fed up throwing money at finding our numbers out just to be hung up on!!) Who would we need to write to first? The court to get this supposed information or to BC to tell them they are complete and utter slime and we require proof they own such a debt that carrys my wife's signature!? Surely, misleading the court with false information is illegal and perhaps a counter claim against these idiots from Joe Public that have been penalised in this way should be organised?
  7. After much head burying in the sand, my wife is being harassed by this company explaining that a warrant has recently been issued against her for collection of goods from our house! A quote from the letter sent that has worried me a little: 'we are now instructed to request that the court enforce the above warrant without further notice to you. The couty court bailiff will be instructed to seize goods to the value of the warrant and this may result in the removal of such items as your TV or Video'. Doesnt really worry me too much (I dont own a Video or DVD and my TV is pretty rubbish anyway! ), but the prospect of getting baliffs knocking is pretty daunting, although they'd never get in even if they did come knocking! This is the first we have heard of this 'warrant', they have given a warrant reference number, but no court details that issued the warrant, meaning I cannot contact any court to investigate. We have ignored previous letters, but am now thinking that a CCA request should now be sent to ask if the debt they are enforcing (which is around 4 years old) is actually within their right to do so. IE, with the signed agreement etc. Unfortunately, I'm not very good on this stuff and searching the huge library of documents on this site is quite confusing to me, I am but a simple end user. If it makes any difference the supposed debt is with Egg Banking PLC. Also, I think it should be good to also mention that we recieved a letter from them a few months back explaining that the have added there 'costs' to the balance of the 'alleged' debt. I recieved this letter this morning (12th September) and the date of the letter is 10th September. The closing statement of the letter states... 'To make immediate payment telephone 0845 313???? before 5pm tomorrow'. So does that mean they need me to time travel back in time to yesterday and ring them before I get back from work? Best get on the blower to Doc Emmet Brown and Marty McFly I guess!! Anyone's help/advice in my situation would be appreciated. Cheers.
  8. Just to add though, in other parts of the estate, entrances to these parking area's state 'Permit Only' on the floor. I reckon it did say it once at the entrance to his parking area, but has been seriously 'rubbed off'.
  9. Thanks for backing me up darling1. But I can see where MB and G&M are coming from, the Law is the Law. It is just highly frustrating when you are at the recieving end. Makes you feel like a criminal, just because you need to stop your car! @Michael Browne Interesting link, but the Car Port/Parking area I was in had NO markings at all, no DYL or spaces marked at all. Does that make a difference?
  10. Sky's the limit! LOL Oh well, I'll try to put in a request to quash the PCN on grounds of 'enlightenment', but dont think it'll hold much water! So many Rules and Regulations around parking. It does get a little 'grey' sometimes. Thanks for the input. Sorry for the Rant. No hard feelings G&M. Just heat of the moment I guess.
  11. OK. Perhaps you think I'm ranting. Maybe I am. It's because I'm annoyed. If this is indeed the case, my cousin should have been made more aware of the fact at least the odd letter to explain? Let alone the rest of his neighbours. Surely that would constitute incompetence? And I suppose, me being the driver, instead of a resident should have been more aware of it somehow. Even though I live no where near a 'Resident Permit' zone and have never had the urge to research it!? Driver fault I suppose!?
  12. The nearest Pay and Display is over a mile away (ASDA). He lives on a large council estate that has Permit Holders EVERYWHERE. I figured, if I did get a ticket because I as visiting, it would not be enforcable if the resident confirmed the fact. Especially as they cannot get organised enough to give residents hundreds of 'scratch cards' every few months. I wouldn't say I'm ranting about it. More fueled up because our local council has always been incompetent! Unbelievable. Obviously, I'm new to this as I've never been at the recieving end of it... But now your telling me he has to PAY to have his visitors park outside his flat! I'm completely shocked!
  13. Why should he need to though? Why are they not sent out automatically? Can he write a letter explaning he had none, even though he has asked for some in the past and never recieved them!? It seems totally ridiculous to me and I am pretty rared up about it at the moment. I will write to them when I'm in a better state of mind.
  14. Are you a traffic warden yourself? Seems like your on there side! I'm asking for information about if it's enforcable, not whether or not they are doing their job! I dont visit Consumer Action Group to be criticised! ALL TRAFFIC WARDENS ARE JOBSWORTHS. With no Leaway for anyone! FACT! Even Police Officers use discretion sometimes! Traffic Wardens DONT! It's the SAME thing! Or do I need to park 3 miles away from where my cousin lives to park up? I might as well have walked there! It's not as if cars cost a fortune to run already without being penalised for the stupid minor offences like parking!
  15. Ridiculous BS IMO! You are practically asking the Council for permission to have visitors. The sign's where the PCN was issued state. "Permit B Holders Only. At all times." Might as well state 'No visitor's allowed, unless prior arrangement with the council has been obtained and that you have a special sticker in your window to say your a Permit B Holder's Mate!' In these bays, there are no yellow lines, most spaces were empty because residents were at work, I was only there 2 hours between 9:30 and 11:30am and was NOT causing any obstruction. I feel penalised because of the area where my cousin lives and nothing more. Visit ANYONE else, I wouldnt get a fine. It's because his area is quite close to the town centre and they dont want people parking there for free and running off to the town. Surely, if I argue I was visiting relatives with no visitor scratch cards because they are too slow to give them out (I've since spoke to his neighbour and she has nothing to give visitors either, and they have a car!) He's lived there for 5 years, with no information from the council about this. It's only been an issue since this morning, when I got a ticket. All his neighbours are now getting worried about their visitors as well!
  16. Recently I was issued a PCN when visiting the Job Centre, practically flew in and flew out. A max of 5 minutes! Tried to argue that one, but gave up and paid it. This was in January I think. (http://www.consumeractiongroup.co.uk/forum/parking-traffic-offences/128360-jobsworth-traffic-warden.html) My new one has angered me a lot more. I went to visit my cousin this morning as I hadnt seem him in a while and is not too well at the moment. I parked in the parking area outside his flat (where I have before) and didnt think nothing of it, in there about 2 hours helping him out round the place. When I came out, the Parking Attendant was busy taking photo's of my car, I asked her what she was doing only to be told I needed a 'Resident's Permit' to park my vehicle there. How exactly does this work? My cousin doesnt drive and the council, to his knowledge have never issued him any 'Residential Permit' since living there (five years). He also gets loads of visitors, it just seems like I'm the first to be 'fined'. So he's never been able to give anyone anything to put in their windscreen! If I needed a 'permit' for everyone I know who supposedly lives in a 'permit' zone, my windscreen would be covered in them! I've visited my cousin in the past, been there for days at one point and never got a PCN then. Why all of a sudden have they started penalising people for visiting relatives. Surely this has got to be unfair!? Especially as I would have been entitled to park there should my cousin have learnt to drive and got issued a few 'Resident Permits'? Seems to me like the council is getting too money hungary and it's not as if the council tax payments arent enough these days already! I'll scan the PCN in a second and post it in here. The reason for the PCN according to the offence - I am going to argue this. But I want/need the right approach to do so. I'm no great with words and wont do it til I calm down a bit!
  17. Dont take this as advice... But, Cant she reply with... 'The debt you would be referring to was in dispute and has already been statute barred as it is over 6 years old meaning it is not enforceable! Your recent correspondence explains that you are only just starting proceedings and is usable in court. Any further correspondence from yourselves regarding this matter and I will file court action for harrasment.' Surely, if Lowell know they cant get anywhere with it, a letter explaining to that tune (as long as it's not signed) will shue them off? No? If she does ignore it, the floods of 'give us money' letters will start to fill her letter box wont they? Perhaps nipping it in the bud early?
  18. My keys where in the ignition (engine running) as she was lifting my windscreen wiper, I know no photograph was taken. Should have slammed it into first gear I guess! LOL I drove down the road with the ticket under the wiper (hoping it'd fall off!)
  19. I would suggest doing exactly what said above. Writing a letter to the DWP demanding when, where and why they think you owe them the money, giving proof. Plus, add in the letter a little comment, why has it taken a government agency 10 years to contact me about this 'so-called' debt? Mind you, CSA springs to mind all of sudden! LOL Remember, telephoning the Social Fund/DWP is an absolute nigtmare! Write to them and keep everything you get back!
  20. Can someone a little more knowledgable or is currently going through this please let me know if I've explained correctly what I need to be doing please.
  21. I recieved a reply today from the council about this which explains they are not going to accept my challenge and In other words pay up or argue afterwards, yeah? They have given me a further 14 days to pay though from the date of teh letter.
  22. I am far from an expert in this, but after reading a few posts I'm sure they cannot. Although that is from a DCA prospective. Where benefits are concerned, I think this needs to posted in another forum... But like I said, I could be wrong.
  23. Not sent them today as still unsure..
  24. I've completed my CCA request letters, but am struggling with the N244 Form. I hate court forms and they always confuse me. (All the silly posh words, that you wouldnt normally use in everyday life!) Has anyone got an example I may use or details of the information I can use. The N244 I am planning on using is this one - http://www.hmcourts-service.gov.uk/courtfinder/forms/n244_0400.pdf Its all the 'particulars' I'm confused with (practically all of it!). I wish to apply for the reason(s) below- I didnt recieve the summons. I wasnt given 28 days notice. I wasnt living at the address when the judgement took place. I did not receive any notification of the judgement/s made against me, and can appeal. And the biggest reason of all... The Solicitor currently applying for the judgement is under investigation by the Society of Solicitors for false representation... http://www.consumeractiongroup.co.uk/forum/attachment.php?attachmentid=494&d=1178721641
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