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  1. Hey all - this is my first time to post so any advice would be much appreciated. My husband works for a large utility company who has an agreement with a nearby business for overflow parking for their staff. The agreement is that the utility company emails the business the registration numbers of staff who will use the overflow car park and these are then passed on to Parking Eye, the parking enforcement for the business. On Monday my husband checked his credit report and noticed a CCJ from parking company Parking Eye - he contacted the court and established that this was for parking in the overflow car park. He checked with his workplace and they confirmed that they had emailed the business who offers overflow parking with his details in October 2012. He has copies of these emails. As such, he should never have been issued a charge. We moved address in November last year and so all the correspondence from Parking Eye re: this issue went to the old address. Both the business and Parking Eye have sent my husband emails stating that they will cancel any other parking charges and would have cancelled this one if he had contacted them but now it has gone to court they can do nothing about this. Is this correct? It is our position that the business or Parking Eye should be responsible for having this CCJ set-aside as they have admitted to erroneously issuing the fine in the first place. It will cost us £155 to have the judgement set aside - the CCJ itself is only for £190. My husband has a perfect credit score apart from this and so it is not an option to just leave the CCJ on there. Can anyone advise me as to whether the business or Parking Eye are able to have this judgement set aside or if it is true that there is nothing they can do? If we do apply to have this set aside ourselves, can we claim court costs from them and are we likley to be successful in this?
  2. My council (Edinburgh) is applying to sequestrate me for council tax I don't owe. The disputed sum is big but I have more capital than its value. I have been making a repeated appeal annually, clearly on grounds of error of calculation. By law, anyone charged council tax has an absolute automatic right to do that, and the grounds may be anything the appellant perceives as an error of calculation. This is explicit in all the public information on council tax appeals and in the Local Government Finance Act 1992. It is a matter of simple exact statue law that has so shades of interpretation. The council has no veto over my appeal: if it disagrees with it it must contest it. But the council has for 8 years been ignoring all my appeals and refusing to recognise them, on grounds of claiming that they are - not relevant appeals - It has kept on sending me sheriff officer's letters in pursuit of the appealed sums. I always answered those in full, only to get eventual repetitions of them ignoring my explanations or else arbitrarily stating that the council has said my appeals are not appeals and do not count. Never have they answered my point that the council has no power to do that. Now the council has taken straight to sequestration a dispute that should have gone through a council tax appeal. Its claims that I owe the sum simply ignores my appeals, hence must be based on claiming a power so to so, contrary to all the public info on the appeals system. The council has always known it could dispose of the issue just by contesting one appeal and after that my council tax position would be normal again. It can't be portrayed as reaonsable for the council to pigheadedly refuse to contest an appeal, knowing that and knowing the appeal is being repeated annually, and instead knowingly to let the situation drag on for years. The council must also be wrong, if it thinks it has any case, knowingly to wait while a sum it intended ever to claim mounts up and becomes more intimidating. That is obviously bullying. It has never taken any of the less drastic approaches to enforcement, e.g. bank accounts. I have lodged as my defence, those points on the action's excessiveness, and my documentary record of the years of lodged and ignored appeals, and the Local Government Finance Act and the public info on the right to make appeals. It would be illegal for the court to find against me, for it would abolish the principle that folks should believe published official information on the law, and then there would be no basis to expect me to believe and obey anything the sequestrator said either. I have put that to both the pursuing solicitor and the nominated trustee, as a point that voids the case against me and proves only my case can be right. Neither has yet answered. This needs all the human rights interest it can get. I have mailed to the EHRC about it but it can take a week to know if they will respond. I have mild autism and am actively involved in a services project run by a university that follows how services/public bodies treat folks and has already had an interest in my problem before it came to this point. It also means I should be entitled to advocacy in any dealings with the sequestrators. I already have a reference to contact citizen's advice within the court. My councillor is the Lord Provost and good about keeping his community involvements... My point about all these interested parties and as many others as possible, is so as not to be alone and unseen which would encourage the court to decide against me. In order to establish that a decision against me is illegal, the highest possible number of parties need to have been alerted in advance of the day, and unless their existence deters the wrong decision from happening, they watch it happen. Then they would know instantly that the decision has abolished the believability of any published and written law to rely on as true, and hence that I can't be expected to understand and believe any written law that the sequestrators tell me to cooperate with. That absurdity gets thrown back at the system to prove the decision illegal and unworkable. I think what I'm asking for here is ways to raise interest. Know any sympathetic journalists or organisations who are good at responding and making public fuss about such issues? Can Action Group itself raise some public concern about councils bullying folks like this?
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