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    • Any roads on the airport that have the RTA standard 30 MPH signs means that the land is not relevant land- regardless of  Bye Laws.   Could you get a photocopy of the NTK -the first PCN that was sent to your taxi company.Please do not block out the times and dates or photographs. I would think that you are renting your taxi from the company and so would have had to sign that you were responsible for PCNs etc exactly the same as if you were hiring a car for the purposes of PoFA.  I think they should have sent you a notice to Hirer not a Notice to Driver. You should have been given 21 days to pay rather than the 28  days that they asked you for. Check PoFA 2012 Schedule 4  S13 and S14. Also in those two sections PoFA only seem interested in parking, not stopping, and only in relation to relevant land which the airport is not. So perhaps some of the site members  could look and see if VCS have sent the wrong PCN and so they have no case.   Also as their no stopping signs only say without saying anything about being able to charge admin fees etc. then all they can charge is £100. Obviously those points would not be used until you are at the Witness Statement stage when it would be too late for VCS to alter their case.
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    • Hi It's been a while since I posted here but I'm in need of some advice again, after my last post a good few years ago I got the result I wanted with the help of you guys so I thought I would see if you could help me one last time? The DWP sent me a letter stating I owe them nearly £3k !!! From an over payment of income support from 1991. After racking my brain i managed to work out the last time I got any kind of help from the government would of been 1985 so where this has come from is a total shock . The letter basically said you owe us £3k here is how to pay nothing stating when it was from so I rang them asked if they could explain what date this was from they told me March 1991 to August 1993 I'm pretty certain I was working at sea as a self employed Deckhand earning a good wage so why I would apply for income support? Now my question is surely they can't send me a letter stating I owe them without paperwork work to back it up ? Is there a way I can get my hands on this supposed claim I made ?  Many thanks Gloryhunter01 
    • With regards to my defence, I want to make the following points; 1) That the photo at the entrance to the airport is vague as it demands No Stopping, but does not state where the No Stopping requirement will be enforced. Clearly, it's impractical and illogical to suggest that there exists a No Stopping requirement throughout the entire airport. Otherwise, how could passengers alight from vehicles? It is left therefore to the driver to make an assumption that the rule cannot apply in all areas of the airport. Consequently it should state on the entrance sign that there is No Stopping on the access road, or that there is No Stopping in the areas covered by repeater signs. There are lots of such signs on the approach to the terminal, plus on roundabouts, but very few in other areas, if at all. If the driver is allowed to assume that No Stopping does not cover the entire airport, then they should be allowed to assume that where no signage is present, the rule does not apply.   2) The [Code of Practice]/[Road Traffice Act]/[Code of Practice] - not sure to which they refer - states that signs need to be facing the driver at an appropriate height, reflective, and legible. The signs at the airport in many cases are neither driver-facing, at an approporiate level, reflective (in a useful manner) or legible. Many are even obscured by other signs, or by vegetation. This unfairly impacts on a driver, who may be led to believe that they are in a zone not covered by the No Stopping rule. 3) The Claimant was only contracted to provide car park management services and is not capable of entering into a contract with the Defendant on its own account, as the car park is owned by and the terms of entry set by the landowner.  Accordingly, it is denied that the Claimant has authority to bring this claim.  The proper claimant is the landowner" because my case is about stopping at a bus stop/stand rather than a car park. 4) The addition of £70 costs was not made clear at the time of the alleged contract being agreed. It is therefore illegal to attempt to impose further costs at any stage afterwards. As an aside, and a question to the legal boffins on here, what is the difference between the VCS-claimed airport clearway and an urban clearway? VCS stated in their rejection of my appeal letter right at the beginning of this palaver thusly;   If VCS are relying on a Highway Code symbol for a Clearway (No Stopping) and also mention Speed Limits, are they therefore forfeiting their claim that this land is private, and entrance subject to a contract? As I understand it, the Highway Code does not apply to private land, and nor would a speed limit. That there exists a clearway, in accordance with, as they appear to be claiming, The Highway Code, and a speed limit in place, in accordance with the Road Traffic Act, would appear that they are admitting that it isn't in fact, private property? Because if so, -if the Road Traffic Act applies, the reading on https://theorytest.org.uk/when-may-you-stop-on-an-urban-clearway/ would be very interesting, as it states that it is permitted to stop on an urban clearway to pick up passengers.   Your thoughts please?
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Obtaining a Court Order for Tenancy Deposit


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Firstly hello to all, this is my first post, a desperate one at that.

 

I have just found out that my agency has not protected my deposit under a deposit scheme and would like to know how to go about applying for a court order for the return of the deposit and compensation under the new law. Is this something I can do myself or do I need to go to a solicitor? Does anyone know what costs are involved? Has anyone undergone this themselves?

 

I need to pursue this as a matter of urgency as the loss of this deposit has very serious future implications. I have a suspicion that this agency is now holding up behind closed doors and buying time for an insolvency.

 

The circumstances are as follows:

I was contacted by the landlord who has found discrepancies in their rental income paid to them by the agency. The agency offices are closed and they are taking no calls. On inspection I realised that the agency was supposed to provide details of the scheme within 14 days of us paying the deposit. No such details were provided. I contacted the company that the agency quoted as holding the deposit but they have confirmed that it does not hold a deposit for our tenancy. The tenancy was started in June 2007. The landlord is also in trouble with their mortgage company and are faced with having to sell their property. The loss of this tenancy is MAJOR implications for myself as going to another agency to secure a tenancy is not an option at this point, I do not have the money.

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Many thanks for the link tiglet. I have been through the information but unfortunately it does not mention how to go about getting the court order. I will try the helplines though.

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Call your local county court and ask them for information.

 

You could also try having a look at hm courts website to see if they can provide any information.

All help is merely my opinion only - please seek legal advice if you need to as I am only qualified in SEN law.

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Have a look on the landlordzone forums, this is a question that has been raised on numerous occasions, but no one yet knows the answer including the courts.

 

There appear to be a variety of options;

 

1) - sue for the single deposit amount - this will cost you the relevant amount on the HMcourt 'scales'

 

2) - sue for three times the original deposit amount - this will cost you the relevant amount on the HMcourt 'scales'

 

3) Or sue for "Something other than Money" - Which is £150 on the court scales.

 

Fees -link to costs

 

My personal belief is that 3 - "Something Other than Money" is the correct option, as its for the courts to determine if TDS has been complied with not the claimant. The courst will then award the x3 depsoit if there has been a breach of statute.

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Yes but have a look at the foollowing from the Act. I have underlined what I see as the key parts; Housing Act 2004 (c. 34)

 

Proceedings relating to tenancy deposits

(1) Where a tenancy deposit has been paid in connection with a shorthold tenancy, the tenant or any relevant person (as defined by section 213(10)) may make an application to a county court on the grounds—

(a) that the initial requirements of an authorised scheme (see section 213(4)) have not, or section 213(6)(a) has not, been complied with in relation to the deposit; or

(b) that he has been notified by the landlord that a particular authorised scheme applies to the deposit but has been unable to obtain confirmation from the scheme administrator that the deposit is being held in accordance with the scheme.

(2) Subsections (3) and (4) apply if on such an application the court—

(a) is satisfied that those requirements have not, or section 213(6)(a) has not, been complied with in relation to the deposit, or

(b) is not satisfied that the deposit is being held in accordance with an authorised scheme,

as the case may be.

(3) The court must, as it thinks fit, either

(a) order the person who appears to the court to be holding the deposit to repay it to the applicant, or

(b) order that person to pay the deposit into the designated account held by the scheme administrator under an authorised custodial scheme,

within the period of 14 days beginning with the date of the making of the order.

(4) The court must also order the landlord to pay to the applicant a sum of money equal to three times the amount of the deposit within the period of 14 days beginning with the date of the making of the order.

(5) Where any deposit given in connection with a shorthold tenancy could not be lawfully required as a result of section 213(7), the property in question is recoverable from the person holding it by the person by whom it was given as a deposit.

(6) In subsection (5) “deposit” has the meaning given by section 213.

 

I think 2 and 2a imply that its for the court to make the decision - even though its apparent that its not been complied with to you and me.

 

I think 3, then implies its for the court to decide the compensation. In this case x3 depsoit and return of depsoit if not already done so.

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Planner (or anyone) further to your post, there are only 3 official schemes which can hold the deposit. If I have a letter from each that states that a tenancy in my name at the specified property is not held does this not provide prrof required? Or do the courts still decide?

 

EDIT > we posted a response at the same time. perfect information. I will be initiating the court order as a matter of urgency and keep all the documentation and printed e-mails that they sent me stating the scheme that was used.

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Planner (or anyone) further to your post, there are only 3 official schemes which can hold the deposit. If I have a letter from each that states that a tenancy in my name at the specified property is not held does this not provide prrof required? Or do the courts still decide?

 

EDIT > we posted a response at the same time. perfect information. I will be initiating the court order as a matter of urgency and keep all the documentation and printed e-mails that they sent me stating the scheme that was used.

 

I still think its for the courts to decide hence the phrase in the act;

 

if on such an application the court is satisfied that those requirements have not, been complied with in relation to the deposit

 

Obviouslt three letters from the TDS schemes will go along way to satisfying the court that it hasnt been complied with.

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Good stuff!

 

Let us know which it the correct approach.

 

I have a terrible feeling you are going to be sent the general "How to submitt a claim form" available on the HMCS website and the court costs I have provided a link to above, rather than the answer to the specific question - should i be claiming a money amount or something other than money!

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Good stuff!

I have a terrible feeling you are going to be sent the general "How to submitt a claim form" available on the HMCS website and the court costs I have provided a link to above, rather than the answer to the specific question - should i be claiming a money amount or something other than money!

 

The person I spoke to did mention that I needed to fill it all out in triplicate so it sounds like they are sending something related to a claim form, and not just the information. But to be safe I will go to the court and get hold of the forms myself even though they are in the post (or will be).

 

Many thanks for the help so far guys and dolls, it is very much appreciated. I will report back once there is some progress.

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The person I spoke to did mention that I needed to fill it all out in triplicate so it sounds like they are sending something related to a claim form, and not just the information. But to be safe I will go to the court and get hold of the forms myself even though they are in the post (or will be).

 

Many thanks for the help so far guys and dolls, it is very much appreciated. I will report back once there is some progress.

 

Oh dear, sounding more and more like you are going to be sent a copy of the N1 county court claim form (which is used for all county court claims and is available off the website), which incidently you have to fill out in triplicate!!

 

Oh well let us know. Again the key is to ask should i be claiming for a monetary amount or something other than money. Dont let them fog you off with we dont give legal advice. Its not legal advice it PROCEDURAL advice.

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You could also try the CAB as they may be able to point you in the right direction.

All help is merely my opinion only - please seek legal advice if you need to as I am only qualified in SEN law.

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Hi Grid- wow, will be watching with interest- one of my first TDS court case, mmmmmm :)

Please do not forget that you can receive a highly specialised legal advice from Shelter and Community Legal Services Direct- links are here:

http://www.consumeractiongroup.co.uk/forum/tenants/118005-great-links-housing-associated.html#post1196695

Keep us updated, please!

[sIGPIC][/sIGPIC]

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I will keep you informed, I've been going through forms, procedures etc etc for the last few hours and I have the the Shelter service on my list of bodies\services to consult.

 

Having gone through the 'N1' form alluded to by Planner, I assume that this the standard form for general claims. I assume that the courts must receive thousands of these, so presumably this turnaround time on these is quite long.

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I have spoken to Shelter who have confirmed that the N1 form is the correct procedure to follow in triplicate :). They also confirmed that I should claim for the additional 3x deposit amount. What they could not advise on was how to complete the form in terms of teh claim amount.

 

I need to consult either the CAB or AN Other as to how to fill out the claim amount, i.e. just the return of the rental deposit amount or the rental amount plus the 3x i.e the prescribed non-compliance amount stated under the statute.

Any help or advice in this regard would very much be appreciated.

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You could call NALS too. Even if the agent isn't a member I'm pretty sure that they'll offer advice if you phone.

NALS - The National Approved Letting Scheme

 

This may be useful too. Tenancy Deposit Protection - Housing - Communities and Local Government

 

What's Best for You?

 

 

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

 

Alliance & Leicester Moneyclaim issued 20/1/07 £225.50 full settlement received 29 January 2007

Smile £1,075.50 + interest Email request for payment 24/5/06 received £1,000.50 14/7/06 + £20 30/7/06

Yorkshire Bank Moneyclaim issued 21/6/06 £4,489.39 full settlement received 26 January 2007

:p

 

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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The process is now underway, I have made the application at the county court this morning.

 

Another development is that yesterday (19th November) I contacted the TDSL again, the agent had literally just added the property to his 'portfolio', but as yet NOT placed any deposit for the tenancy into the scheme. At least this confirms (to a degree) they are still trading.

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The process is now underway, I have made the application at the county court this morning.

 

Another development is that yesterday (19th November) I contacted the TDSL again, the agent had literally just added the property to his 'portfolio', but as yet NOT placed any deposit for the tenancy into the scheme. At least this confirms (to a degree) they are still trading.

 

Good luck.

 

Looks like they have got there act together now, such a shame its to late in terms of your deposit!

 

What did you submit to court - a monetary claim or a claim for "other than money"?

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