Final Demand or court Action

[eddie069uk]

Just recived another finnal demand saying that a court summons is to be issued if i dont pay £175 there are saying they are going to send in the bailiffs i am not sure whether to inform these debt collectors that it is in dispute with the CPS or just ignor these and wait till the court papers are issued and if i do get issed papers what happens then can someone please advise thanks

Edited August 2, 2008 by eddie069uk

[lamma]

please post up the exact text of the letter - or better still a picture of it suitable washed of your personal details.

is there another thread this post relates to ?

[Al27]

Chances of you receiving court papers are miniscule.

 

Your multiple final demands prove the last thing they want to do is go to court.

 

But lets see the paperwork anyway (minus personal details).

[lamma]

CPS have a habit of pursuing cases they think will be undefended.

They love to publish those but for some mysterious reason don't publish the ones they lose.

Now its on here a proper defense will be forthcoming if CPS issue real court papers - "I just know".

 

wonder if a troll will be along soon advising that the OP just pays up.....

[Barnsley Boy]

Previous thread here:

 

http://www.consumeractiongroup.co.uk/forum/parking-traffic-offences/152934-final-demand.html

 

Perhaps the moderators could merge these threads together?

[Barnsley Boy]

Daniel Silverman won't actually do anything themselves anyway, they have no powers, so you might as well just keep ignoring them.

 

Once they fail, which they will if you just keep ignoring them, they will give up and pass back to CPS. Again, on past form, CPS will then write to you "Despite all efforts ...blah, blah, blah..."

 

Please be circumspect in what you post, don't include anything such as dates, times, location, etc which could conceivably help CPS in matching you to their information. There still are CPS trolls about.

[eddie069uk]

how do i add a picture to this posting

 

thanks

[Barnsley Boy]

This link should explain:

 

http://www.consumeractiongroup.co.uk/forum/parking-traffic-offences/154155-wj-parking-pcn.html#post1642650

 

[Michael Brown's posting]

[eddie069uk]

here is a link to the debt collectors mail thanks again

http://i43.photobucket.com/albums/e399/eddie069uk/cps-1.jpg

Edited August 3, 2008 by eddie069uk

[lamma]

thety run on a now win no fee basis hence the heavy handed letter which misrepresents the truth of the situation - big surprise.

1. Failure to pay now cannot of itself result in anything being registered against you as a debt in the County Court

 

2. In order for you to get a CCJ (County Court Judgment) registered against you ALL of the following have to take place

(a) the company concerned have to issue a claim against you. This costs them a fee, typically £30.00 for a normal parking ticket

(b) you either do not enter a defence because you forgot, are daft or some other reason ( in which case the Claimant will request a judgment in default)

OR

much less likely the case actually goes to a hearing and you lose

©that having lost, you do not pay the Judgment debt within 28 days of the judgment being entered against you.

 

A Bailiffs warrant would only be issued if you lost and didn't pay the judgment debt as instructed by the judge.

 

 

So I would be contacting the CSA on Monday morning to see if Daniels Silverman is registered with them and making a strong complaint - with a copy of their letter.

[Barnsley Boy]

eddie,

 

dont know where you are actually based [please don't say in this public forum] but, if notice were given in Liverpool County Court, your first action could be to transfer this to your locality, here's hoping you live in Landsend or Carlisle.

 

Please don't be unduly worried by all this. If you follow this through the worst thing that can happen is that you will be inconvenienced for a day at County Court, tempered by winning a case with costs against the [problematic]. A grand day out. This is a remote possibilty, what is far more likely is that everything will go queit after Silvermans have shot their bolt.

[pin1onu]

eddie,

 

dont know where you are actually based [please don't say in this public forum] but, if notice were given in Liverpool County Court, your first action could be to transfer this to your locality, here's hoping you live in Landsend or Carlisle.

 

Please don't be unduly worried by all this. If you follow this through the worst thing that can happen is that you will be inconvenienced for a day at County Court, tempered by winning a case with costs against the [problematic]. A grand day out. This is a remote possibilty, what is far more likely is that everything will go queit after Silvermans have shot their bolt.

Given that this is CPS their is a possibility that they might take this to court. Depends on whether they're feeling lucky after the Oldham case.

 

Eddie, CPS do have a history of litigation over their claims but not a great record of success - possibly because of the efforts of their brilliant in-house legal team. (See this thread: Perky defeated in Oldham Court).

 

I tend to agree with BB, I think this will go quiet.

 

One word of warning - CPS are known to lurk and read the postings on these forums. They have been known to try and gather information from the fourms that they will attempt to use against you. Make sure any postings are washed of any data that can be used to identify you.

[Al27]

They have been known to try and gather information from the fourms that they will attempt to use against you.

 

Bearing in mind that whatever they did find out on here, it wouldn't change the legitimacy of the penalty. They're more likely to try and weedle out someone who doesn't sound very confident in an attempt to get an undefended win-by-default.

[eddie069uk]

Thanks again for all the support i will keep this updated

[looplotty]

COURT RESULT:

 

THIS CASE WAS TODAY HEARD IN CHESTER COUNTY COURT AND AWARDED TO THE CLAIMANT.

 

JUDGE HARRISON AWARDED TOTAL COSTS OF APPROX £245 TO THE CLAIMANT.

 

YET ANOTHER CASE ASSISTED BY 'EAGLES' ON HERE LOST !!!

 

THE FORCES ARE ALIGNED, MORE DEFEATS COMING FROM A NUMBER OF PPCs SOON IN RELATION TO CASES ASSISTED BY THESE FORUMS.

 

THE DEFENDANT CONFIRMED HE HAD ASISSTANCE FROM MEMBERS OF THIS FORUM AND PEIPOO WITH HIS DEFENCE (AS BELOW) ...

 

http://img301.imageshack.us/img301/7883/defence2.jpg

 

http://img53.imageshack.us/img53/636/defence1.jpg

 

 

(previous images deleted as contained personal info .. only public available information is now on here)

 

THE JUDGE STATED IT WAS NOT A PENALTY DESPITE BEING POINTED TOWARDS THE AUTHORITIES, THE SIGNAGE WAS CLEAR AND DESPITE NOT BEING SEEN SHOULD HAVE BEEN.

 

PEPIPOO ALSO HAD A HAND IN THIS:

 

http://forums.pepipoo.com/index.php?showtopic=32190&pid=312548&mode=threaded&start=#entry312548

Edited July 7, 2009 by looplotty

[My Real Name]

1. Request for advice made on forum - CHECK
   
2. Advice given, subject to usual caveats and warnings - CHECK
   
3. All goes quiet for 11 months - CHECK
   
4. PPC troll, completely lacking in credibility, posts about a mystery court case, making rabid claims about mystery helpers, all without substantiation - CHECK
   

 

You're banging a tired old drum.

[looplotty]

1. Request for advice made on forum - CHECK
   
2. Advice given, subject to usual caveats and warnings - CHECK
   
3. All goes quiet for 11 months - CHECK
   
4. PPC troll, completely lacking in credibility, posts about a mystery court case, making rabid claims about mystery helpers, all without substantiation - CHECK
   

You're banging a tired old drum.

 

1. Normal advice given to defendant - CHECK

2. Advice to defendant not to say anything more in public and only by PM - CHECK

3. Silence until court date, if win tell everyone, if lose deny helping - CHECK

4. Court hearing take time with helping behind scenes - CHECK

5. Same old advice given by 'experts' totally useless in court and the defendant loses and instead of paying £60 now pays 4x more - CHECK

6. People who helped him, stay silent and just await the next case when they will do same and hope for a different result - CHECK

 

I feel sorry for the defendant,(edit)but still this ruined his Xmas last year (as he said in court) but still he listened to advice, built his hopes up that it was an unenforceable penalty only to have them all knocked down as it IS a lawfull and fully enforceable parking charge.

Edited July 7, 2009 by freakyleaky
insults removed

[wheelergeezer]

Troll alert:!:

[londoncass]

well if you're so confident why don't you scan the judgement when it comes through!!

[Rooster-UK]

You are spot on, wheelergeezer.

[My Real Name]

1. Normal advice given to defendant - CHECK

Yes. I believe we covered that already.

2. Advice to defendant not to say anything more in public and only by PM - CHECK

Not as far as can be ascertained from any posts made by, or in response to, eddie069uk.

3. Silence until court date, if win tell everyone, if lose deny helping - CHECK

Fomr whom, by whom? We only have your unsubstantiated claim for this, and you have no credibility.

4. Court hearing take time with helping behind scenes - CHECK

? You don't make any sense.

5. Same old advice given by 'experts' totally useless in court and the defendant loses and instead of paying £60 now pays 4x more - CHECK

Again, your unsubstantiated claims. Yet again. Tired drum banging.

6. People who helped him, stay silent and just await the next case when they will do same and hope for a different result - CHECK

Unsubstantiated trolling rubbish. Yet again.

 

I feel sorry for the defendant, well not really as he was an arrogant little s##t when he left court (IMO), but still this ruined his Xmas last year (as he said in court) but still he listened to advice, built his hopes up that it was an unenforceable penalty only to have them all knocked down as it IS a lawfull and fully enforceable parking charge.

Last year? Why take so long to crow then?

 

I can't wait to see the judgement.

[looplotty]

The case has been going on since last year, I think thats the reference he made to Xmas and this being on his mind.

 

I will happily post the judgement when it is received, not sure what the relevance of this is as the only think it will show is the court date, number, parties involved and stating who was present and the order made - hardly an interesting read.

 

As for you keep saying Unsubstantiated claims .. read the posts in this and his other one, people saying good defences coming. The strangest thing is the word disingenious, hardly an everyday word but ever since the Caggers/PePiPooers helped thomas and the judge commented on Thomas behavior every case that has been assisted always has this little word in - Maybe a coincidence, I doubt it.

 

I am hopeful the OP will come on here and give more information, however I suspect like Thomas it may never happen - Together with the people who assisted him so they can explain the theory behind the defence and why they thought it was an unlawful penalty charge when clearly the judge did not think so (despite the authorities provided)

[wheelergeezer]

I was in court so I know what happened.

 

District Judge Cedrick Troll said......

 

be bup bup, bo daddle flap. Flipple thrumple thwot. Twaaaah.

 

Then we all did a dance and had a bit of the magic tree before waving bye bye.

 

MEGA TROLL ALERT:!::!:

[looplotty]

I was in court so I know what happened.

 

District Judge Cedrick Troll said......

 

be bup bup, bo daddle flap. Flipple thrumple thwot. Twaaaah.

 

Then we all did a dance and had a bit of the magic tree before waving bye bye.

 

MEGA TROLL ALERT:!::!:

 

Thank you for your adult and constructive input.

[My Real Name]

The case has been going on since last year, I think thats the reference he made to Xmas and this being on his mind.

It's been going on since last year, with, as you claim, assistance from posters on this, and maybe other, boards, and yet the OP has been completely silent about it.

 

Given your tendency to talk drivel, it all seems rather suspect.

 

I will happily post the judgement when it is received, not sure what the relevance of this is as the only think it will show is the court date, number, parties involved and stating who was present and the order made - hardly an interesting read.

Dates would be a start.

 

As for you keep saying Unsubstantiated claims .. read the posts in this and his other one, people saying good defences coming.

I don't even any hints that assistance was being given by private message, nor that any assistance was given in formulating a defense.

 

The strangest thing is the word disingenious, hardly an everyday word but ever since the Caggers/PePiPooers helped thomas and the judge commented on Thomas behavior every case that has been assisted always has this little word in - Maybe a coincidence, I doubt it.

Extrapolating from your own limited experience would be a fallacy in this instance. Some of us possess a vocabulary that extends beyond primary school, and didn't need a dictionary when it was used in reference to the case with Thomas. Or when it comes to spelling it correctly.

 

I am hopeful the OP will come on here and give more information, however I suspect like Thomas it may never happen - Together with the people who assisted him so they can explain the theory behind the defence and why they thought it was an unlawful penalty charge when clearly the judge did not think so (despite the authorities provided)

The OP has not posted for over 10 months. I'm inclined to believe that this has been a set up.

 

I look forward to being corrected.