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    • I'm still pondering/ trying to find docs re the above issue. Moving on - same saga; different issue I'm trying to understand what I can do: The lender/ mortgagee-in-possession has a claim v me for alleged debt. But the debt has only been incurred due to them failing to sell property in >5y. I'm fighting them on this.   I've been trying to get an order for sale for 2y.  I got it legally added into my counterclaim - but that will only be dealt with at trial.  This is really frustrating. The otherside's lawyers made an application to adjourn trial for a few more months - allegedly wanting to try sort some kind of settlement with me and to use the stay to sell.  At the hearing I asked Judge to expedite the order for sale. I pointed out they need a court-imposed deadline or this adjournment is just another time wasting tactic (with interest still accruing) as they have no buyer.  But the judge said he could legally only deal with the order at trial. The otherside don't want to be forced to sell the property.. Disclosure has presented so many emails which prove they want to keep it. I raised some points with the judge including misconduct of the receiver. The judge suggested I may have a separate claim against the receiver?   On this point - earlier paid-for lawyers said my counterclaim should be directed at the lender for interference with the receiver and the lender should be held responsible for the receiver's actions/ inactions.   I don't clearly understand that, but their legal advice was something to do with the role a receiver has acting as an agent for a borrower which makes it hard for a borrower to make a claim against a receiver ???.  However the judge's comment has got me thinking.  He made it clear the current claim is lender v me - it's not receiver v me.  Yet it is the receiver who is appointed to sell the property. (The receiver is mentioned/ involved in my counterclaim only from the lender collusion/ interference perspective).  So would I be able to make a separate application for an order for sale against the receiver?  Disclosure shows receiver has constantly rejected offers. He gave a contract to one buyer 4y ago. But colluded with the lender's lawyer to withdraw the contract after 2w to instead give it to the ceo of the lender (his own ltd co) (using same lawyer).  Emails show it was their joint strategy for lender/ ceo to keep the property.  The receiver didn't put the ceo under any pressure to exchange quickly.  After 1 month they all colluded again to follow a very destructive path - to gut the property.  My account was apparently switched into a "different fund" to "enable them to do works" (probably something to do with the ceo as he switched his ltd co accountant to in-house).   Interestingly the receiver told lender not to incur significant works costs and to hold interest.  The costs were huge (added to my account) and interest was not held.   The receiver rejected a good offer put forward by me 1.5y ago.  And he rejected a high offer 1y ago - to the dismay of the agent.  Would reasons like this be good enough to make a separate application to the court against the receiver for an order for sale ??  Or due to the main proceedings and/or the weird relationship a borrower has with a receiver I cannot ?
    • so a new powerless B2B debt DCA set up less than a month ago with a 99% success rate... operating on a NWNF basis , but charging £30 to set up your use of them. that's gonna last 5mins.... = SPAMMERS AND SCAMMERS. a DCA is NOT a BAILIFF and have  ZERO legal powers on ANY debt - no matter WHAT its type. dx      
    • Migrants are caught in China's manufacturing battles with the West, as Beijing tries to save its economy.View the full article
    • You could send an SAR to DCbl on the pretext that you are going for a breach of your GDPR . They should then send the purported letter of discontinuance which may show why it ended up in Gloucester and see if you can get your  costs back on the day. It obviously won't be much but  at least perhaps a small recompense for your wasted day. Not exactly wasted since you had a great win  albeit much sweeter if you had beat them in Court. But a win is a win so well done. We will miss you as it has been almost two years since you first started out on this mission. { I would n't be surprised if the wrong Court was down to DCBL}. I see you said "till the next time" but I am guessing you will be avoiding private patrolled car parks for a while.🙂
    • It is extremely disappointing that you haven't told us anything about the result of the hearing. You came here at the very last minute and the regulars - all unpaid volunteers - sweated blood trying to get an acceptable Witness Statement prepared in an extremely short time. The least you could have done is tell us how the hearing went, information invaluable for future users. Evidently not.
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    • Hello,

      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.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      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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My first post, sorry it’s lengthy but very serious; I would love to hear some feedback, thanks in advance.

Working as a self-employed courier in London for approximately 1 year, inevitably I would get parking tickets from various London boroughs, and instead of contesting them I would just pay them, and can prove I paid quite a lot in parking fines. If they have a photo of my vehicle parked while the meter has ran out of time, then I have no basis to contest right?

It was not until after I left that job that I learned I could have rightfully contested my parking tickets by showing my daily worksheet, and that I was just doing my job, and I could have avoided paying over half of them! I paid a huge amount of money that year in fines, which I cannot even claim as expenses!!

I moved address towards the end of that year, and almost a year after that I went to my old address to check for mail. I was horrified when the new occupants handed me a bag full of threatening letters from debt collectors, saying I owe ridiculous amounts of money, and the new occupants regularly get visits from bailiffs looking for me and my vehicle. On average they get one or two visits per week, and they ignore that they’re told I don’t live there anymore. I can only imagine that a couple of tickets have evaded me by not being stuck on my windscreen, and “automatically” posted to me.

Not too long ago I found my vehicle clamped with a notice asking for £500, and I paid it promptly (I wasn’t even aware I owed anything to that company), soon after I declared my vehicle SORN and have been keeping it off the road, and did not change my address on my driving license on purpose out of fear.

I am more than terrified; there is no way I can even pay a quarter of what I am being charged! How does a £40 fine become nearly £500+ each? How do debt collectors justify such huge increases, are they allowed to do this by law? I have wanted to sell the vehicle for a while now, but I want these debt-collectors off my back first or else the new owner will probably get clamped on their first week!

Someone advised me to get in contact with the “Northampton County Court”, but I don’t know what to say or how to go about doing this, if it is what needs to be done. Someone else advised me that I should declare myself personally bankrupt, but I have no idea how or what it involves either – for what it’s worth, I am currently unemployed and receiving JSA.

Question: If the relevant London boroughs have passed my debt onto debt-collectors, does this mean they have wiped my parking offences clean, and the debt-collectors are my only concern? This issue has put my life on hold in many ways, and filled me with fear. What can I do?

 

Thanks for your time to read this,

NBG

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Don't worry.

 

From reading your long post it is clear that all statutory notices had gone to a previous address and therefore it is a simple matter of completing an Out of Time declaration which needs to be sent to the Traffic Enforcement Centre at Northampton.

 

There are new forms to complete if the PCN was incurred AFTER 31st March 2008. If before this time then the forms are the PE2 and PE3.

 

There is a fee of £5 to have the form witnessed or you can take it to the local County Court who will witness the form for free.

 

If you need any help with this form please post back.

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Oh yes please! How can I get these forms, and what happens after?

 

Although its an ideal solution, I find it hard to believe that these bailiffs will just stop and let me off without paying anything.

 

The majority of fines were issued well before March 2008.

 

What information do I need to supply in these forms?

 

Will I get in trouble for not changing my dvla address when I moved?

 

Thanks, NBG

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Bailiff advice,bailiffs,parking charges,bailiff fees,congestion charges,fines,anpr,csa,council tax

 

I found quite alot from this website, and have downloaded and printed the 3-page PE2+PE3 forms. I'm unsure about a couple of things:

 

Should I give my old address in the PE2/PE3 forms (which is still the address on my license)? The new occupants will give me a phonecall immediately when they get post for me.

 

On the forms it asks for a list of the PCNs (parking) but there is one which has a photo of me turning left near Liverpool Street station, where there is a tiny little sign saying I can't do so during certain hours. That is not a PCN is it? That (among a few others) was automatically posted to my old address with no way of me knowing about it. So do I include that in my list of PCNs?

 

I literally paid thousands of pounds in fines, can that contribute in any way in my favour? As I am in a bad financial situation at the moment?

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It seems there is a practical joker about ...

I really do appreciate all those 'thank you' emails - I'm glad I've been able to help. Apologies if I haven't acknowledged all of them.

You can also ding my gong if you prefer. :)

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This is a link to our website. Because it is a commercial site and thereby one that although provides 63 pages of FREE information does charge for certain download documents.

 

However as EVERYONE here on CAG knows... all info for posters on CAG is free.

 

On the PE2 you need to state your current address. On the part where it asks why you did not receive the documents it would be best to say that:

 

From enquiries made with the Traffic Enforcement Centre it would appear that all statutory notices had been sent to my previous address.

 

On the PE3. This is SIMPLY the part for you to explain WHY you are making this application LATE. You will need to provide something like the following:

 

I was unable to complete this application within time because it was not until I received a visit from a firm of bailiffs that I was made aware of this parking charge notice etc etc...

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