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    • If anybody has any advice here, it would be greatly appreciated, I already suffer with pre-existing disabilities & have struggled with this so far. 
    • so return of goods order etc etc read upload  scan pages to jpg, redact in mspaint. the convert to and merge to one mass PDF  read upload and use the online listed sites for all 3 stages. do you want to keep the car? i will guess this was a manual paper claimform direct from the co.court or was it org sent from salford bulk processing and has just got reaq ssigned?      
    • Speaking of the reformatory boys, here they are with all of their supporters, some of whom traveled with them from miles away, all carefully crammed together and photographed to look like there were more than about 80 .. rather like Farages last rally with even fewer people crammed around what looked like an ice cream van or mobile tea bar ... Although a number in the crowd apparently thought they were at a vintage car rally as they appeared to be chanting 'crank-her'. A vintage Bentley must be out of view.   Is this all there is? Its less than the Tory candidate. - shut up and smile while they get a camera angle that looks better
    • in order for us to help you we require the following information:- Which Court have you received the claim from ? Canterbury Name of the Claimant ? Moneybarn No 1   How many defendant's  joint or self ? One Date of issue –  29/05/24 Acknowledged by 14/06/24  Defence by 29/06/24  Particulars of Claim PARTICULARS OF CLAIM 1.  By a Conditional Sale Agreement in writing made on 25th August 2022. Between the Claimant and Defendant, the Claimant let to the Defendant on Conditional Sale. A Ford Ranger 3.2 TDCi (200 P S) 4x4 Wildtrack Double Cab Pickup 3200cc (Sep.2015) Registration No, ******* Chassis number ***************** (“The Vehicle”).  A copy of the agreement is attached  2.  The price of the goods was £15,995.00. The Initial Rental was £8500.00.  The total charge for credit was £3575.;17 And the balance of £11,070.17 was payable by 59 equal consecutive monthly instalments of £187 63. payable on the 25th of each month. 3.  The following were expressed conditions of the set agreement, Clause 8: Our Right to End this Agreement  8.1   Subject to sending you the notice as required by law, any of the following events will entitle us to end this Agreement: 8.1.2  You fail to pay the advance payment (if any) or any of the payments as specified on the front page of this agreement or any other sum payable under this Agreement. 8.1.3 If any of the information you have given us before entering into this Agreement or during the term of this Agreement was false 8.1.4 We consider, acting reasonably, that the goods may be in jeopardy or that our rights in the goods may otherwise be prejudiced. 8.1.5 If you die 8.1.6 If a bankruptcy petition is presented against you; if you petition for your own bankruptcy, or make a live arrangement with your creditors or call a meeting of them. 8. 1.7 If in Scotland, you become insolvent or sequestration or a receiver, judicial factor or trustee to be appointed over any of your estate, or effects or suffer an arrestment, charge attachment or other diligence to be issued or levied on any of your estate or effects or suffer any exercise, or threatened exercise of landlords hype hypothec 8.1.8 If you are a partnership, you are dissolved 8.1.9 If the goods are destroyed, lost, stolen and/or treated by the insurer as a total loss in response to an insurance claim. 8.1.10 If we reasonably believe any payment made to us in respect of this Agreement is a proceed of crime. 8.1.11 If steps are taken by us to terminate any other agreement which you have entered into with us. Clause 9.  Effect of Us Terminating Agreement 9.1 If this Agreement terminates under clause 8 the following will apply 9.1.1 Subject to the rights given to you by law, you will no longer be entitled to possession of the goods and must return them to us to an address as we may reasonably specify, (removing or commencing the removal of any cherished plates) together with a V5 registration certificate, both sets of keys and a service record book. If you are unable or unwilling to return the goods to us then we shall collect the goods and we'll charge you in accordance with clause 10.3 9.1.2 We will be entitled to immediate payment from you for all payments and all other sums do under this agreement at the date of termination 9.1.3 We will sell the goods or public sale at the earliest opportunity once the goods are in a reasonable condition which includes a return of the items listed in clause 7.1.4 9.1.4 We will be entitled to immediate payment from you of the rest of the Total Amount Payable under this agreement less: ( a) A rebate for early settlement ias required by law which will be calculated and notified to you at the time of payment (b) The proceeds of sale of the goods (if any) after deduction of all costs associated with finding you and/or the goods, recovery, refurbishment and repair. Insurance, storage, sale, agents fees, cherished plate removal, replacement keys, costs associated with obtaining service history for the goods and in relation to obtaining a duplicate V5 registration certificate 4, The following are particulars required by Civil Procedure Rules. Rule 7.9 as set out in 7.1 and 7.2 of the associated Practice Direction entitled Hire Purchase Claims:- a)     The agreement is dated 25 August 2022. And is between Moneybarn No1 Limited  and xxxxxxxxx under agreement  number xxxxxx. b)    The claimant was one of the original parties to the agreement. c)    The agreement is regulated under the Consumer Credit Act 1974. d)    The goods claimed Ford Ranger 3.2 TDCi ( 200 PS) 4x4 Wildtrack Double Cab Pickup 3200 cc (Sep2015} Registration No ^^^^^^^ Chassis number ***************** e)     The total price of the goods £19570 f)     The paid up sum £1206 5 g)    The unpaid balance of the total price £7505 (to include charges) h)    A default notice was sent to the defendant on 20th February 2024 by First class post i)      The date when the right to demand delivery of the goods accrued 14 March 2024 j)      The amount if any claimed as an alternative to delivery of the goods 7505 22 include charges 5.  At the date of service of the notice the instalments were £562.89 in arrears. 6. By reason of the Termination of the Agreement by the notice, defendant became liable to pay the sum of £7502 7. The date of maturity the agreement is 24th August 2027. 8. Further or alternative by reasons of  the Defendant breaches of the agreement by failing to pay the said instalments, the Defendant evinced an intention no longer to be bound by the Agreement and repudiated it by the said Notice the claimant accepted that repudiation 9. By reason of such repudiation the claimant has suffered loss and damage. Total amount payable £19570 Less sum paid or in arrears by the date of repudiation £12064 97 Balance £7505 (to include charges.) ( The claimant will give credit if necessary for the value of the vehicle if recovered.)  The claimant therefore claims 1.    An order for delivery up of the vehicle 2.    The MoneyClaim to be adjourned generally with liberty to restore,  Upon restoration of the MoneyClaim following return or loss of the vehicle. the Claimant will ensure the pre action protocol for debt claims is followed. 3.    Pursuant to s 90 (1)  of the Consumer Credit Act 1974. An order that the Claimant and/or its agents may enter any premises in which the vehicle is situated in order to recover the vehicle should it not be returned by the Defendant 4.    further or alternatively damages 5.    costs Statement of truth The Claimant believes that the facts stated in these Particulars of Claim are true. The Claimant understands that the proceedings for contempt of court may be brought against anyone who makes or causes to be made a false statement in the document for verified by statement of truth without an honest belief in its truth. I am duly Authorised by the Claimant to sign these Particulars of Claim signed Dated 17th of April 2024  What is the total value of the claim? 7502   Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ? No   Never heard of this   Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? No   Did you inform the claimant of your change of address? n/a Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? No   When did you enter into the original agreement before or after April 2007 ? After  Do you recall how you entered into the agreement...On line /In branch/By post ? In a garage  Is the debt showing on your credit reference files (Experian/Equifax /Etc...) ? Yes  Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim. Original Were you aware the account had been assigned – did you receive a Notice of Assignment? n/a   Did you receive a Default Notice from the original creditor? They said sent but nor received   Have you been receiving statutory notices headed “Notice of Sums in Arrears”  or " Notice of Arrears "– at least once a year ? None seen   Why did you cease payments? Still Paying,   What was the date of your last payment? Yesterday  31st May 2024   Was there a dispute with the original creditor that remains unresolved? No   Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? Yes on 12 Feb 2024   What you need to do now.   Can't scan, will do via another means as you cant have jpg  
    • Now that is an interesting article which adds afew perspective that I hadn't thought significant - but on reflection of the perspectives offered ... Now Starmer is no Blair, however 'blairite he may be perceived, but the Tories aren't tories and aren't even remotely liberal   The fast 'unannounced and unexpected election call from sunack may well be explained by the opinion linked that he hoped reform would be unprepared and effectively call a chunk of Farages largely empty bluster - making him look even more of a prat, leave scope for attacks on shabby reform candidates and mimimise core vote losses to reform - while throwing the 'middle ground' (relative) tories TO THE DOGS - and with the added bonus of likely pacifying his missu' desire to jogg off to sunny cal tout suite somewhat   thumb in the air - I expect about 140ish tory seats, but can hope for under a hundred Reform - got to admit the outside possibility of 1, maybe 2 seats with about 8% of the vote - but unlikely. I think projections of over 10% of the vote for reform is nudged and paid for speculation - but possible with the expected massive drives from Russian, Chinese and far right social media bot and troll prods targeting the gullible.
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      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

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    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
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      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Help with law on a PCN


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Hi, hope someone can help here.

 

I recieved a PCN a couple of months ago for parking outside my sisters house on a double yellow, I was miffed as anyone would be, and yeah I knew I shouldnt of parked there and I was only in the house about ten mins, I checked the line and noticed that there wasnt a end cap at the end, so I thought, right, Im gonna apeal against this, sod um, I'll try my luck.

 

Cut a long story short, they wrote back saying that they have quoshed the PCN and let me off! Well that was good news for me, I beat the council, now todays later my sister was strapping her baby seat into her car outside her house one morning, then went back in for her son and baby things and to her amazment there was a PCN on her windscreen!!

No there takin the P#ss surley they knew that she was loading her car up because she even had her car doors open.

 

Anyway, I told her to appeal against it and told her to mention that her brother got away with the same offence. They wrote back, and again they tore it up. Now her boyfriend has recieved one this week, he wrote to them and they have wrote back saying that the double yellow IS end capped which it isnt and clearly shows its not on the photographic evidance that he shown them.

 

So my question is, where does he stand with this?

 

Thanks.

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Ready for a trip to the adjudicator, one would think.

 

write back to the la State that they have already cancelled two previous tickets that you know of due to non prescribed lines. send copies of the cancellation letters and photograph of the deffective line so you know they are issuing tickets that are possibly illegal

 

Also that you require under the freedom of information act , to help with your representations

 

the traffic order for that area.

The amount of tickets issued in that area (of deffective lines)

The amount of tickets that have subsequently been cancelled due to defective lines in this area for the last six years (you know of two already)

The attendants pocket book notes and photgraphic evidence

The error rate of the attendant for the last twelve months

And the attendants beat area.

 

OR IF THEY WISH.

 

Alternativly they could choose to cancel this ticket and consider rectifying the non compliant lines.

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Thanks for replies, They have sent him his letter telling him to pay the discounted rate of £30 and he's not paid it, and in the letter they sent, it states, "Do not reply etc to this office"

So shold he just send one anyway with letters and photo's again and the details what Nero just told me?

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Thanks for replies, They have sent him his letter telling him to pay the discounted rate of £30 and he's not paid it, and in the letter they sent, it states, "Do not reply etc to this office"

So shold he just send one anyway with letters and photo's again and the details what Nero just told me?

Hello patdavies

 

What is the correct proceedure for obtaining tro's.

I always thought any public doc is procured in this wayicon10.gif

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What is the correct proceedure for obtaining tro's.

I always thought any public doc is procured in this wayicon10.gif

 

Simply write and ask for it:wink: or call in.

 

Any document that is in the public domain is exempt from FoI

 

FoI Act 2005 s.21

 

21 Information accessible to applicant by other means

 

(1) Information which is reasonably accessible to the applicant otherwise than under section 1 is exempt information.

(2) For the purposes of subsection (1)—

(a) information may be reasonably accessible to the applicant even though it is accessible only on payment, and

(b) information is to be taken to be reasonably accessible to the applicant if it is information which the public authority or any other person is obliged by or under any enactment to communicate (otherwise than by making the information available for inspection) to members of the public on request, whether free of charge or on payment

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Simply write and ask for it:wink: or call in.

 

Any document that is in the public domain is exempt from Freedom of Information Act

 

FoI Act 2005 s.21

right so when sending in a reppy as I advised, quite simply state 'supply with the tro etc' no need to put under freedom of info act.

 

(man u 1 chelsea 0) lol

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right you've lost me, with tro's etc

Can you just give me a template letter of what I need to say please.

TRO = Traffic Regulation Order.

 

Simply put this is the paperwork that gives authority to the road markings. It sets out where the restrictions apply from, dates, times etc that they apply.

 

Without the paperwork in correct order the lines are just graffiti on the road.

 

Councils are obliged to have these orders on public display.

 

So a letter would need a sentence

 

Could you please send me a copy of the Traffic Regulation Order on [whatever street] pertaining to the Double Yellow Lines.

 

Be warned that they sometimes have a long delay on this request and you lose any discount period. Sometimes its better to go in person.

 

If they haven't got a TRO then everyone issued with a ticket on those lines who've paid and are entitled to a refund.

 

As for your brother. Get photos and make an appeal to the adjudicator.

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This does not constitute legal advice and is not represented as a substitute for legal advice from an appropriately qualified person or firm.

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TRO = Traffic Regulation Order.

 

Simply put this is the paperwork that gives authority to the road markings. It sets out where the restrictions apply from, dates, times etc that they apply.

 

Without the paperwork in correct order the lines are just graffiti on the road.

 

Councils are obliged to have these orders on public display.

 

So a letter would need a sentence

 

Could you please send me a copy of the Traffic Regulation Order on [whatever street] pertaining to the Double Yellow Lines.

 

Be warned that they sometimes have a long delay on this request and you lose any discount period. Sometimes its better to go in person.

 

If they haven't got a TRO then everyone issued with a ticket on those lines who've paid and are entitled to a refund.

 

As for your brother. Get photos and make an appeal to the adjudicator.

doesnt the discount period get put on hold if you ask for the tro as part of your representations to the LA.?

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Send this

 

Dear parking services please send the Traffic Regulation Order for XXXX Street I would prefer it in the Form of a PDF file as an attachment, or scan the TRO and send as an attachment, I would like the TRO urgent as the PCN is time dependent, if you cannot send the TRO urgent via Email then send TRO as hard copy via first class post will suffice, please do not send the Consolidation Order which usually consists of more than a Hundred it is the Traffic Regulation Order only I require.

If they say you will have to come in and view it tell them you are not in a position to view it due to xxxxxxxx and cannot make it, I have this pulled on me with several authorities and all have managed to send the TRO via email and one LA Wigan sent the TRO via FCP next day.

TRO's are usually kept by the Councils Legal services Dept so try phoning them first to see if you can secure it through them, now in Bolton I can usually get a TRO within 30 minutes my source is very efficient, it is a pity the Parking Services and the rest of the council are not the same.

Edited by adampaddam
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I think that you're probably better sending a letter in English.

 

TRO have to be held by the highway authority. This will be the local council for a unitary or metropolitan borough; the county council for most local council; the Highways Agency for trunks roads.

 

For example, I live in a unitary authority, so my local council will hold the TROs; over the border is Basingstoke & Deane Council but the TROs will be held by Hampshire County Council as highway authority.

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