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Found 11 results

  1. A relative was dropping something off to some premises and although the signage was somewhat covered by shrubbery it states that it is private land - i.e for residents only. (found after the event) No windscreen ticket - just a NTK received within 8 days of alledged offence which 'invited' them to pay £80.00 for 'Unauthorised Parking'. They were duly ignored. 4 weeks later they received a recorded delivery letter of Notice of Impending Court Action, duly ignored. 3 weeks later the 'letter before action' from Gladstones arrived with an amount claimed for £130.00 2 weeks later received Court Claim form as follows: Particulars of Claim:- Date of offence xxxxxx Description = Vehicle reg no Amount £130.00 Due date xxxxxx AND THE CLAIMANT CLAIMS the sum of £131.00 for Parking charges and indemnity costs if applicable including £1 interest pursuant to S.69 of the County Courts Act 1984 Rate 8% pa from the dats above to xxxxxx Same rate to Judgment (or sooner) payment Daily rate to Judgment £0.03 Total debt and interest £131.00 Then to the right of the page it states Amount Claimed £131.00 Court Fee £25.00 Legal Representative#s costs £50.00 Total Amount £206.00 Now I am aware date of service 13/06/16 Date of Acknowledgement 27/06/16 Date to defend 11/07/16 They intend to defend in full but there is no facility to respond online. They are currently drafting letter up for CPR.31? Would appreciate guidance on defence please. Footnote: Have parked at this site on numerous occasions and received nothing - it is so intermittent it's bazaar!
  2. I am in a very difficult situation with DEL. I was using a hire car. The hire car sent me the charge. I made the payment or at least I thought I made the payment. My bank statement shows payment gone through but DEL received anything. It turns out that there was error with the bank processing system and somehow the last digit of account number was missing. The bank processed the transaction and have resent the original amount. DEL claims that they sent me a letter for payment which I never received. And I have asked them numerous times in the last week to send a copy of the letter that they sent. First they said that it was sent recorded delivery. I asked who signed for it and they didn't respond. Then they admitted that it was never sent. Now the MD of DEL wrote to me stating that letter was sent. I don't have a problem with paying the charge however, I never received any notice from DEL that payment was due until I received letters from Gladstones and their Debt collectors. Please is anybody able to provide any guidance or advice about my rights? Below is the copy of the email received today: ----------------------------- Dear Sailesh, Your email has been forwarded onto me to review. Looking at the case , it would appear that judgment was entered against you on 31/08/2016. As such, we regret that we cannot accept the original charge amount and that we will be pursuing the full judgment amount. If you wish to resolve the matter, please make payment for the outstanding amount at your earliest convenience and we will ensure that our agents notify the Court that the judgment has been satisfied. Please note that we are unable to accept payment directly. Further details of how a County Court Judgment is obtained can be found at the following link: Trust online link We trust this answers your queries . Please note that we will not engage in protracted correspondence regarding your Claim and subsequent judgment. You’ve been given the opportunity to dispute the matter and we are now in a position whereby we will seek to enforce the judgment against you. If you wish to dispute the judgment then we would suggest that you seek independent legal advice as to how this may be achieved. Kind regards, Dyl Kurpil LLM/LLB (Hons) Law Managing Director
  3. I am trying to pursue a company in Scotland via small claims court, I have received the paperwork back today Subject : Claims Issued Out Of Jurisdiction Please find enclosed claim forms returned to you for service, As this is a claim form to be issues out of the jurisdiction of the court. Money Claims Centre no longer servers the claim form direct to the defendant. The money Claims Centre has received this guidance from Court Business Support and as directed by a District Judge. Rule 6.4b of the cilic Procedure Rules only refer to general service by first class post to a jurisdiction within England and Wales and does not apply to foreign process. There is no provision to serve papers to addresses outside England and Wales I have rang PSU in Liverpool who in my opinion wasn't overly helpful in the pack returned I have :- Notice of issue (Duplicate) - I believe I keep this and fill in the missing dates of when sent, when it was received and date to reply Copy of claim form and submitted evidence - which I send to defendant N510 form - do I send that to the defendant ? Response form - which I assume the defendant needs to ? I need to know if I can put all the paperwork in the post and send via recorded method ? I need to know how many days I have to give the defendant to reply ? I know this is urgent and need to deal with it ASAP thanks for your support
  4. I'm on the wrong end of a county court case that has been total chaos. I never got the original application. I had moved (this was about possession, originally, but was settled and I moved out) the landlord had the papers sent to my old house, and didn't use my forwarding address. Eventually I found out about it and managed to get a copy of the application from the court a couple of days before the hearing. I got a "response" in but because it was late the judge didn't have it and it got adjourned and I got told to pay costs. I went to the PSU, asked court staff, went to CAB, asked about legal aid. Noone seems to be able to help. We had another hearing just recently, 3 days before the hearing the court told me they had no record of my original response. I sent another copy by fax and another by email to the court. They never acknowledged it. I called them back and all the court said was "anything you have sent will be provided to the judge". When I said I was worried as they could not specifically identify my response (while they could identify other things I had sent) they got stroppy with me. At hearing, I checked and the judge said he had got something from the date or the original response, which I took to mean he had received it. during the hearing he didn't seem aware of anything I had said in it and I when I tried to refer specifically to one thing I had to give him a copy of it. He found against me, taking my deposit away, in giving his judgment he said a number of things which lead me to believe he had not, in fact, seen any of my evidence. He said some things that are contradicted by the evidence I provided. The only evidence he referenced, at all, was that provided in the original application (by the other side). I don't know if the judge ever got my defence, or if he did, if it was complete, or whether he read it. I just learned (on CAG) about a thing called an Allocation questionnaire? I never got one of those. I I don't know what "track" this was allocated to. I didn't get a notice of hearing for the most recent hearing. I never got a copy of the orders made at the first hearing. It goes on... I'm a litigant in person. I have nothing left and am single parenting a disabled child on benefits while trying to find work (and fighting the council to get my child into school). I'm looking after my mum with Alzheimer's. I desperately need help. I tried to get the other side to mediate but they ignored me. At the end of the day, I can let the main matter go (that would be morally wrong, but I can live without it). The problem is the costs. I can't pay any costs, that will bankrupt me. I need to appeal. I have lost a week trying to get help from the CAB but I don't know where to start. I want to try to get pro bono help but I need to be referred to that? Anyone who has any advice on this, or knows where we can get real help...
  5. My local council - Wycombe District Council - is thinking of introducing a £100 fine which will impact on the homeless and destitute in the area. When I first read this news I thought it was a joke - but its not - they really are thinking of imposing this dreadful fine on people who can least afford anything! Guess who runs the Council - that wonderful and caring lot - the Tory party! Anyway if you are as outraged as I am perhaps you can take a minute to sign the petition against - link below:- https://www.change.org/p/wycombe-district-council-remove-the-plan-to-fine-homeless-people-in-the-area-100?utm_source=action_alert&utm_medium=email&utm_campaign=340287&alert_id=ESerANrtjA_mbAlvMi5cDAP4YTr3wBMrnLHla60KfRt7%2BhxqZvtQbeJhI17vectQih11pm4dGJx
  6. Hello everyone You may think that I am a bit paranoid but I would like to ask your opinion and advice about a potential collusion case about a district Judge in the UK My story is about a non-fault accident which I was involved in 2014 and eventually took the company who hit me as well as the management company who was acting on behalf of me based on breach of our contract. Everything was all fine until the hearing date; on the day the defendants sent their counsels and the following is the summary of my experience with the judge (all bear in mind one of the defendant already admitted the fault and paid me the repair of my car - however the case was my broken digital device during the accident and my time off from work whilst my car being repaired) It was a small claims court and the case was dismissed by the judge and I was asked to pay both counsels fees (inclusive of vat) I was humiliated and I was questioned like in a police custody..., one of the counsel blatantly blamed me about lying however I had provided all the documents. Here is my notes of concerns taken during the hearing 1 - the Judge admitted that he has not read the case during the pre-reading time which was allocated and paid by the claimant (the claimant was asked to pay an extra hearing fee on top of the claim fee) 2- due to the fact that the claimant is representing himself; the district Judge "Sh....h" asked the second defendant's counsel to represent the "claimant's case" the second defendant's witness statement was prepared by Mr "Iq...l" 3- District Judge told all parties that as the claimant was representing his case, whilst both counsels of the defendants (one of whom was sent by Mr Iq...l) - were allowed to ask questions to the claimant; the claimant was not able to ask any questions to the counsels and has to answer all the queries, which I found it insulting and discriminating. 4- The first defendants counsel blamed the claimant without showing any prime evidence that the claimant was lying and the Judge did not stop the case which I believe that this behaviour is also classified as "defamation of character" 5- the district judge Sh...h who dismissed the case and awarded both defendants costs in a small-claims tracking, whereas the same individual who was the defendant in a different "FastTrack Claim" in A9Q..... Number and despite the other party not turning up to the case on the hearing date he was not awarded any of his costs 6- both defendants counsels represented their cost of £250 + VAT and £350+VAT and an individual was penalised to pay the VAT whilst both companies are already reclaiming this VAT in their books. 7- the claimant also had a prime evidence that showing the second defendant (accident exchange- witness statements by Iq...l) sending a "virus" via email to the claimant which is also a part criminal law; this was ignored by the judge Sh...h again 8- the judge dismissed the case based on there was not enough evidence; so how come he awarded the defendants with their cost based on the claim being "unreasonable" is still hard to understand 9- the claimant requested a copy of the recording or transcript through the court manager -- RESULT??? of course he was not given the copies but so many baloneys I would like to ask whether I am entitled to start an online petition against the judge?? And my legal right to take it to the human rights? Kind regards
  7. It amazes me that Utility Companies treat us with contempt again and again and get away with it again and again. Today’s CAG newsletter “Npower ordered to give energy away for free” or E.On fined £7.75m Sorry, as a newbe I can't post links but everything can be found easily on google District Heat systems only affect a few hundred thousand of us at the moment but that number is expected to grow in to the millions over the next few years. District Heat – a block of flats has one boiler making hot water for all the flats. In theory cleaner and more efficient (cheaper). That hot water is passes through a “heat exchange” in each flat generating hot water for heating and washing Given the utilities companies history it is amazing but the government prefer to leave the companies to self-regulate on the basis that…… actually I have no idea why anyone would think that is a good idea So they have. There is an organisation called "The Heat Trust" which is managed by the, ironically named, Heat Customer Protection Ltd. They have come up with this wicked wheeze known as the “Heat Cost Comparator” upon which prices appear to based, it includes 1. How much it would cost if it were gas 2. How much the standing charge would be if you had a different supply 3. How much it would cost to service your gas boiler 4. How much it would cost to replace your gas boiler Add them together and that is how much you should pay for your heat Maybe it is me but I think 1. The price should be based on how much it costs to produce the heat not on how much gas costs 2. Our standing charge should be based on our costs not someone else’s 3. We don’t have a boiler and our heat exchanger is very low maintenance 4. The heat exchanger is expected to last a lot longer than a gas boiler and then be cheaper to replace This system has been, according to The Heat Trust, “reviewed and approved” by Which? and the Citizens Advice Bureau. I asked Which? and the CAB and they both refused to confirm or deny if they had “reviewed and approved”….. ummmmmm I smell a fish ARUP wrote a very interesting report which says that if this is the correct method then we are only being charged twice as much as we should be, page 8 says a 2 bedroom flat which should be about £350 a year is actually closer to £700 in the East London scheme In the Which? report Turning Up The Heat – Getting a Fair Deal for District Heating Users. March 2015. It was written “the lack of consumer protection had left many feeling vulnerable: It seems to be done with a certain amount of protectionism towards the companies and nothing for the consumer” The report goes on about how much it should cost. To give you an idea I moved in to my 3 bedroom flat on the 1st Dec 2014. By the end of June my Heat Bill has been £832, annualise that is £1,250. I keep writing to my MP Matthew Pennycook – that does me no good at all On the upside I have got the ASA to investigate E.On for their claim that District Heat is no more expensive than Gas. On the 7th July I received a letter from the ASA apologising for the delay “We have received a response from E.On, which we have assessed. We may need to go back to them for some further clarification” – yea I can’t get a straight answer from them either And I do have the Financial Ombudsman investigating them as well because the maintenance, repair and replacement is an assurance policy which should be regulated. E.On have bundled it in to the standing charge so it is not regulated. If E.On pull out of the market I lose my premiums. OFGEM will not look into it because their remit is Gas and Electricity and I am buying HEAT Maddest one yet, the Ombudsman for Energy will not look in to it because E.On have not signed up for their services. Ahhhhh???? So, the million dollar question. Why don’t I change provider? I can’t E.On have a monopoly! This is going to happen to loads more people. write to your MP. We need regulation NOW
  8. Hi all i need a bit of advice and help please, Basically i am self employed and due to low income in receipt of Housing Benefit which is paid to me by my District Council and then paid by me to my Housing Association. Every few months the DC ask me for certain income information to prove i am still eligible for HB, i always provide and eventually it is fine, although they usually manage to balls something up, and that is where we are at again, In October they asked me to fill out some paperwork and provide proofs, which i did, i then drove the 10+ miles to their offices and handed in over counter, getting a receipt, 3 weeks later (benefit still been paid during this time) i get a letter saying they have suspended my benefit due to not receiving most of the requested paperwork, which they did, i have a receipt for it :/ So of i go again the 10+ miles to council offices and get to speak to a generic benefits adviser, i am not allowed to speak to the actual adviser dealing with my claim (the person sending me the letters) as they 'do not deal with the public' the generic adviser basically makes excuses as to why the DC are incompetent with no apology, basically passing the buck blaming everyone and anyone, so we re-check everything and then she flops out a form she says i have to fill in, it was about 30 pages long, it is clear she wanted me to go away and bring it back another day, but i wanted it sorted and done, So i had to do sitting in a public area on my knee on a chair, you would think they would have said 'its ok use this table to lean on' but nope, anyway, form done, all checked, and confirmed and re-issued another receipt stating they have again received all documents. Well..... that was weeks ago and ive not heard a peep since and not received any housing benefit, now my Landlord (housing association) are asking why the rent has not been paid for x weeks as the balance is now rather high. I have tried calling DC to ask for a update to which all i get is, its being processed, wait to hear. I have waited, weeks and weeks, I feel like they are on the 'go slow' on purpose just because i moaned they are incompetent, which they are, my next step is another visit to the offices (tomorrow) to try and force a answer and if nothing prevails their a official complaint against the DC, which is a multi tier process which could take months. Where do i stand with regards to rent owing to HA, can they issue repossession proceedings. Am i doing everything right in how i am dealing with DC. Not the kind of stress i need on the run up to xmas thanks all
  9. I don't know if anyone has seen Parking Prankster's blog showing a court transcript concerning Parking Eye:- http://parking-prankster.blogspot.co.uk/2014/01/parkingeye-v-clarke-transcript-donated.html It makes interesting reading, especially this part:- "At the moment, as it seems to me, we have a rather bizarre situation where the present Claimants [ParkingEye] make no money apparently from those who comply with the terms of the contract (unless they receive a fee from their principals) and make their profit...from those who are in breach of their contract. Well, that cannot be right, that is nonsense it seems to me." "They have not satisfied this Court that they have suffered any loss from the breach of contract. If anything, they make a profit from the breach." "The Claimants here have shown that, if they are entitled to pursue it, they are pursuing a claim for their own profit, as opposed to quantifying a breach and loss which this has caused them" "So in these circumstance I dismiss the claim" Read and enjoy!
  10. (Note: I have also posted this on Pepipoo, little response to date) Hi guys, I visited the Lake District Visitor Centre at Brockholes (near Ambleside) on the 7th August, staying there for a little over 5 hours. The centre is widely advertised as "free admission" and I was not aware that there were signs stating that you had to pay. I was also NOT parked in the car park area but in the coach park, I'm not sure if this technicality makes any difference. I have now received a letter stating that I owe £6.55 parking charge and a £20 administration charge. (See attachments, front and back of letter, personal details removed) The payment methods stated are: Pay & Display Pay on Exit Pay online up to 48 hours after your visit. Additionally on researching the issue I found this snippet from 13/12/12 in the Westmorland Gazette: By LDNPA development manager Adam Thomas (near the foot of the article) : “Park With Ease is very user friendly. It allows motorists to pay on entry, on exit or up to 10 days after they have parked." //www.thewestmorlandgazette.co.uk/news/10103794 This seems to be 48 hours, not 10 days but how could I pay for something I didn't have a ticket/invoice for and didn't know about until I got the letter? There were no tickets issued (so nothing to display then) and no barriers at the entrance or exit. Your car is apparently clocked by a number plate recognition system. If there was a notice and pay machine at the exit, I didn't see it and I should not have to go looking for it, it needs to be clearly displayed. My point is that it was not abundantly clear that a pay to park scheme was in force and nobody is going to go looking for something on the off chance that it might exist! It's a ludicrous system that must catch hundreds of people out. I am not normally too concerned about dealing with private parking tickets but the the Lake District National Park authority seem to have their own bye-laws (see top of attachment B2) so I am wondering where I stand with this. As far as I am concerned the signage was unclear, or I would have seen it. I suspect an official appeal will only receive the usual rubber-stamped rejection. The other thing is the letter states that "If...no payment is made we will pursue the matter through the Magistrate Court which can lead to fines and costs in excess of £250." Fines for what? Magistrates court for an unpaid parking ticket? Any advice appreciated Thanks [ATTACH=CONFIG]45929[/ATTACH] [ATTACH=CONFIG]45928[/ATTACH] Sorry, not sure why the copy of the letter pics are comig out tiny and blurry, will try to update them.
  11. Creating around 800 jobs in the area. STOBART Air has been given permission to develop Carlisle Lake District Airport. The application was approved today by Carlisle City Council’s development control committee. The application sought planning permission for the erection of a 374,000 sq ft distribution centre, along with the raising and re-profiling of the main runway at the airport, and the decision will help to safeguard over 800 jobs in the local area. The development control committee passed the development after hearing how the distribution centre, which would house key Eddie Stobart warehousing contracts, would deliver the rental income required to help upgrade airport facilities and allow passenger flights to commence. As part of the supporting evidence, Irish airline Aer Arran identified that passenger routes from Carlisle to Dublin and Stobart-owned London Southend Airport would be sustainable and would successfully integrate into its current network. More: http://www.thewestmorlandgazette.co.uk/news/9855009.Stobart_gets_go_ahead_for_Carlisle_Lake_District_Airport/
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