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Everything posted by Cyberprog

  1. In normal circumstances you wouldn't have a contract with the parking company, hence why the advice is normally to file in the bin. However when it comes to a university, he may have signed for (and formed a contract for) a parking permit. This obviously ties his registration number to his student account, and means that if he breaks the contract (such as parking in odd places) then he would be liable for those charges. He could however argue the charges being a penalty in the contract, and unenforceable, similar to the bank charges. But he'd be going up against the university and this may put him at a disadvantage.
  2. This is indeed correct, a Minor can form a contract, but can choose to repudiate that contract at any point. If UKCPS contend that the minor formed a contract with them, then the minor can obviously repudiate that and avoid payment. They may well try and come back on the RK, but obviously the RK would have to be proven to be party to the contract in some way, and UKCPS's contracts are sufficiently hard to enforce currently that I doubt it would stand up in court in this circumstance.
  3. Looks like some names were edited out to me, probably just CAG protecting themselves...
  4. Have you pointed out to them that the DVLA don't hold any information on vehicle ownership?
  5. They have no way to actually ascertain who the owner of the vehicle is - it's not a piece of information that the DVLA hold!
  6. What I don't get is why they're so set on you agreeing to pay your own costs, if they approve something they have no control over really? If your evidence is sound that you don't owe anything, then the judge will rule in your favour. If your counter claim shows they do in fact owe it, they'll owe you money, plus their fees, plus your fees!
  7. Err, no, you want to be able to claim back the set-aside fee as well as any other costs. They started this, and should understand the consequences! If you have the proof, then they've not got a leg to stand on!
  8. I'd say do as the man says, send him the proof and give him a reasonable period of time to sort it out (say 14 days). He would say that about costing you more than it was worth - but his client brought the action and should be prepared for the consequences! He was also talking bollocks about "his client agreeing" - whilst that makes things easier, the Judge would make a decision anyway!
  9. You may be best phoning them, and advising that you may have overpaid, in addition to the cheque that you have sent them and asking them not to cash it. Stopping the cheque may not be the best of ideas. It's possible in the crossover between the companies, that something has been double paid or invoiced, and that's where this has come from, or that they have forgotten to send you a bill.
  10. Your contract is with A, and they should be paying you regardless of whether they have been paid. Unless you have signed terms that state otherwise of course. Don't forget about adding on late payment charges & interest - see (LINK NOT WORKING) - there is legislation that allows this as it's a B2B debt.
  11. Yep, but of course they will have to prove that you are 100% responsible for the fine, and that they have fully appealed and done everything expected of them to mitigate the costs. Then just offer to pay them back at £1 a week. Should teach the buggers...
  12. They're things a reasonable person might have been expected to do however You could talk to a solicitor, and while I wouldn't advise against a solicitor you often get more leway with a judge when they deal with a layperson rather than solicitor vs solicitor. Plus you end up throwing more money at the problem and the only winners are the landsharks.
  13. IMHO I suspect that your set aside may fail, for several reasons: 1) You acknowledge you owe the money 2) You deliberately didn't tell them your forwarding address, so any papers were served upon your old address as that was the last known address they had for you. 3) You didn't organise any mail redirection for a year or so from your old address - something a reasonable person would have done, or left a forwarding address at your old address. However on the upside, they need to have behaved reasonably, and if they haven't done so, then the set aside may well be allowed. You'd be well advised to cancel the old cheque if under 6 months old, and re-issue a new one to the nursery. If you can prove they got your final letter (which in hindsight, you should have sent recorded delivery as it was a reasonably important letter given you moved and didn't give a forwarding address to them) then this would (IMHO) constitute a reasonable defence (i.e. you had already attempted to pay, but the payment was ignored/refused at the time). On the other hand, the whole thing is down to the judge on the day, some of them will be by the book, others will look upon it with sympathy, others will be having a bad day. They're all human remember! You'd be better off appearing in person, rather than by post though. HTH, IANAL
  14. It's part of the freedoms bill, and it still needs to make it through the House of Lords IIRC.
  15. I'm actually quite surprised that Doctors Surgeries aren't equipped with digital recording technology already to be honest to protect them against potential malpractice claims. They have to book people on/off the computer as it stands, so would be simple enough to start/stop a recording at the time, then just have it digitally attached to the patients medial records.
  16. You could send them a speculative invoice, but I doubt you'd get anywhere. As bureaucracies go, the DVLA is very similar to the depiction of the central bureaucracy in Futurama
  17. Surely a Bus is a bus, no matter what? Even when it's a posh Bus that we call a Coach...
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