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    • I have never heard of any such law. Please post a link to what you have read online that explains this law. And please confirm whether you were ever married to or in a formal Civil Partnership with your Ex.
    • Today has been hectic so  have been unable to complete the whole thing. If you now understand it and want to go ahead with a complaint to the IPC, fine. If not then I won't need to finish it. But below is my response to your request  on post 64. No you don't seem stupid, the Protection of Freedoms Act isn't easy to get one 's head around at first. The part of the above Act referring to private parking is contained within Schedule 4 which you can find online under the Protection of Freedoms Act 2012. Section 9 of SCH.4 relates to how the parking scrotes have to perform so that they can transfer their right to pursue the keeper from the driver when the PCN is still unpaid after a certain amount of time. In your case the PCN was posted to you the keeper and arrived within 14 days from when they claimed a breach occurred. That means they complied with first part of the Act. The driver at that time was still responsible to pay the charge demanded on the PCN and PCM now have to wait for 28 days to elapse before they can write and advise the keeper that as the charge has not been paid, that they now have the right to pursue the keeper. They claim they sent the first PCN on the 13th March, five days after the alleged breach and it arrived on Friday 15th March. So to comply with the Act they have to observe Section 8 subsection 2f   (f)warn the keeper that if, after the period of 28 days beginning with the day after that on which the notice is given— (i)the amount of the unpaid parking charges specified under paragraph (d) has not been paid in full, and (ii)the creditor does not know both the name of the driver and a current address for service for the driver, the creditor will (if all the applicable conditions under this Schedule are met) have the right to recover from the keeper so much of that amount as remains unpaid. ---------------------------------------------------------------------------------------------------------------------------------------------So the first PCN was deemed to arrive on the 15th March and for 28 days to have elapsed is when the time is right for them to write and say you are now liable as keeper. So they sent the next PCN on the 12th April which is too early as you could still have paid until midnight of the 12th. So the earliest their second PCN should have gone to you was  Saturday 13th April so more likely on Monday 15th April. The IPC Code of Conduct states "Operators must be aware of their legal obligations and implement the relevant legislation and guidance when operating their businesses." So by issuing your demand a day early, they have broken the Act, the IPC Code of Conduct, the DVLA agreement  to abide by the law and the Code of Conduct not to mention a possible breach of your GDPR .   I asked the IPC  in the letter on an earlier to confirm that  CPMs Notice misrepresenting the law was a standard practice for all of PCMs Notices or just certain ones. Their distribution  may depend on when they were issued and whether they were issued in certain localities or for certain breaches. Whichever method used is a serious breach of the Law and could lead to PCM being black listed by the DVLA . One would expect that after that even if the IPC did not cancel your ticket, PCM could not risk going to Court with you nor even pursuing you any further.
    • thanks jk2054 - do you know any law i can quote (regarding timeframe) when sending the email as if i cant they'll probably just say no like the normal staff have done? thanks.
    • I lived there with her up until I gave notice. She took over the tenancy in her name. I had a letter from the council and a refund of the council tax for 1 month.    She took on the bills and tenancy and only paid the rent. No utility bills or council tax were paid once she took it over. She will continue to not pay bills in her new house which I'm now having to pay or will have to. I have looked online I believe the police and solicitors are going by the partner law to make me liable.   I have always paid my bills and ensured her half was paid then see how much free money is over.   She spends all her money on payday loans and rubbish then panics about the rent. I usually end up paying it or having to get her a loan.   Stupidly in my name but at the time it was because she was my partner. I even paid to move her and clean and decorate her old house so she got the deposit back. It cost me £3000 due to the mess she always leaves behind.
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The Four Corner Rule


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hi everyone. my first post here after finding this excellent DB. im currently studying the freeman philosophy and commercial law as way to beat fraudulent money lenders.

 

one thing i discovered is this:

 

The term is ordinarily included in the phrase within the four corners of the document, which denotes that in ascertaining the legal significance and consequences of the document, the parties and the court can only examine its language and all matters encompassed within it. Extraneous information concerning the document that does not appear in it—within its four corners—cannot be evaluated.

 

Four Corners legal definition

 

so anything that is not in the four corners of the document has no effect on it.

 

if a box is put onto the document, a new 'four corners' is created. it follows that anything inside that box has no effect on the language outside of it and vice versa.

 

most CC agreements i have seen contain a signature box. if you sign within the box, you agree to the terms within the box, not on the whole document. if there were no terms in the box where you signed and there is no signature of the bank rep in the box, then there cant be an agreement.

"... all legal obligations arose from FREE CHOICE - which, if it was not expressed, must then be implied"

 

P.S. Atiyah, Rise and Fall of Freedom of Contract

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The only flaw to your argument is that you are citing American Law, Not UK law.

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The only flaw to your argument is that you are citing American Law, Not UK law.

 

it's commercial law, merchant law, admiralty law (whatever you want to call it). it applies here just as much as it does in the US, hence why a bank in england would put a box around the signature on there documents. if there was no need for a box, why put it on? there's a need, but im not 100% sure why.

"... all legal obligations arose from FREE CHOICE - which, if it was not expressed, must then be implied"

 

P.S. Atiyah, Rise and Fall of Freedom of Contract

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Ah, what a shame.

 

Keep at it pleasuredome, I'm sure you'll find lots more to hit them with:)

 

only bullets can stop me now ;-)

"... all legal obligations arose from FREE CHOICE - which, if it was not expressed, must then be implied"

 

P.S. Atiyah, Rise and Fall of Freedom of Contract

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Debt Collection Agency

 

thanks.

 

does anyone on here have a DCA demanding money from them? if so, do they have a contract with the DCA?

"... all legal obligations arose from FREE CHOICE - which, if it was not expressed, must then be implied"

 

P.S. Atiyah, Rise and Fall of Freedom of Contract

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I have 3 DCAs demanding money. I don't have a contract with any of them.

Capquest - No cca yet - OC sent what they think is a CCA - account on hold - no contact since

 

Lewis - Lost their tongue after cca request:roll: -

Now in default of my CCA request - still no contact since:D

 

Fredrickson - No cca yet - Now in default of my request - now stopped contact with me:rolleyes: **UPDATE** April - Sent back £1 p/o and gave up!!!!!!!!!!

 

1ST Credit - CCA request sent - now stopped contact with me

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I have 3 DCAs demanding money. I don't have a contract with any of them.

 

here's something called a notice of discharge. you can use this for parking tickets, speed camera fines etc.

 

when someone sends you a notice saying that you owe them something, it is an offer. you cannot refuse their offer. to do so will put you in dishonour. ignoring it is agreement by aquiesence. you have to accept conditionally, which is a counter-offer. if they do not respond to your offer the original is void.

 

this is basically how its done (this is for a parking ticket, you can alter this to suit you circumstances. but do a bit of research first so you understand what you are doing. you can change proof of claims to 'proof of claim that a contract exists between [YOUR NAME] and [their company name]):

 

[ADDRESS]

 

 

[DATE]

 

Re: FIXED PENALTY NOTICE AB12345678 - Issued [date]

 

Notice of Discharge of Outstanding Penalty Notice and Request for Clarification.

 

To [address]

 

You have apparently made allegations of illegal conduct against me.

You have apparently made demands upon me.

I do not understand those apparent demands and therefore cannot lawfully fulfil them.

I seek clarification of your document so that I may act according to the law and maintain my entire body of God given Natural Rights.

Failure to accept this offer to clarify and to do so completely and in good faith within 10 days will be deemed by all parties to mean you and your principal or other parties abandon all demands upon me.

 

I conditionally accept your offer to agree that I am [NAME] and that I owe £......., upon proof of claim of all of the following:

 

1. Upon proof of claim that I am a person and not a human being.

2. Upon proof of claim that you know what a ‘person’ actually is, legally speaking.

3. Upon proof of claim that you know what the difference between a ‘human being’ and a ‘person’ actually is, legally speaking.

4. Upon proof of claim that I am NAME[all capitals] and not Name[upper and lower case]

5. Upon proof of claim that the charge was the result of a lawful investigation unmarred by prejudice.

6. Upon proof of claim that I am a member of the society whose statutes and subsisting regulations you are enforcing.

7. Upon proof of claim that I showed you some sort of identification.

8 Upon proof of claim that there is a nameable society that I belong to and that the laws covered within this alleged transgression state that they apply to me within that named society

 

Answers to these questions must be under Oath or attestation, upon full commercial liability and penalty of perjury and received via registered mail to:

 

[ADDRESS]

 

no later than TEN (10) days from the date of original service as dated by way of Royal Mail

recorded delivery service. Further Notices issued or demands for payment thereafter by you or any third parties will be seen as a breach of Section 1 of The Protection from Harassment Act 1997 if you fall into dishonour by failing to respond within the ten days.

 

 

Sincerely and without ill will, vexation or frivolity

[signature]

"... all legal obligations arose from FREE CHOICE - which, if it was not expressed, must then be implied"

 

P.S. Atiyah, Rise and Fall of Freedom of Contract

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If that gets you off a parking ticket I will be absolutely amazed.

 

it is the biggest crock I have ever seen and would immediately be binned

Their FPN is not an offer.... it is a penalty notice under statute and anyone that attempts to use this is most likely at the very least to lose their opportunity to pay the reduced amount and if they use it against a speed camera offence will end up in breach of s172 of the road traffic act and 6 point on their license.

 

I love the way you spout rubbish about "statutes not being law" and then quote the protection from harassment act .

 

You cannot have it both ways - either acts of parliament are laws or they are not. You cannot decry the laws as invalid and then expect to use them in your defence.

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Their FPN is not an offer....

 

yes it is.

 

I love the way you spout rubbish about "statutes not being law" and then quote the protection from harassment act .

 

You cannot have it both ways - either acts of parliament are laws or they are not. You cannot decry the laws as invalid and then expect to use them in your defence.

 

let me try to enable understanding for you. statute is not law unless you contract to it. all corporations are governed by statute law (they cannot get out of it), a human being is not. hence why you can use a statute against a corporation. this is why a policeman needs evidence of the person for a breach of any statute, because the person (your name in capital letters) is a corporation. if a common law is broken then the policeman does not require evidence of the person.

 

the courts, police forces, fire brigades, hospitals, the government, the councils, social services, are all corporations and can be found listed in databases such as Dunn & Bradstreet, creditgate.com etc

 

there are people who have used these types of notices of discharge successfully and corporations cannot get around them.

 

there is plenty of information on the web, examples and cases where people are using this avenue re-claim back their common law rights.

 

some sites to go to are:

 

www.tpuc.org | News for positive people

Think Free Be Free - Welcome to ThinkFree.ca

 

some videos:

 

Think Free : Bursting Bubbles of Government Deception

 

DemockeryWEB.mov

 

 

you can shout and scream 'rubbish' as much as you want. its just information and you can make of it what you will. i realise this route isnt for everyone. im not trying to convince anyone that this is ultimate truth and the only way, all im saying is it is an avenue that people can try if they want to. i didnt join this DB to argue over opinions and who's right and who's wrong, or try to get personal with people. all im here for is to share info.

"... all legal obligations arose from FREE CHOICE - which, if it was not expressed, must then be implied"

 

P.S. Atiyah, Rise and Fall of Freedom of Contract

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statute is not law unless you contract to it

You just cannot "opt out" of the law. you do not contract to it - it is not an optional extra - it is THE LAW.

 

there are holes in it no doubt - some big enough to drive busses through but the premise that you, as an individual can declare yourself to be a "freeman" and therefore not subject to statutory law is lunacy.

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You just cannot "opt out" of the law. you do not contract to it - it is not an optional extra - it is THE LAW.

 

there are holes in it no doubt - some big enough to drive busses through but the premise that you, as an individual can declare yourself to be a "freeman" and therefore not subject to statutory law is lunacy.

 

then i can only say that 'lunacy' is working for people using it, not just in this country, but those countries England gave the common law to.

 

finding loopholes is an area that is very legit and i applaud all who use that method, hence i why i started this thread. imo, the signature box is a loophole that probably could never be filled.

"... all legal obligations arose from FREE CHOICE - which, if it was not expressed, must then be implied"

 

P.S. Atiyah, Rise and Fall of Freedom of Contract

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I do hope that the letter template you showed doesn't allow somebody driving at 130mph in a 30mph limit to be let off:eek:

 

I replied on post 13# because you asked if anybody had DCAs demanding money and if the person being demanded of had a contract with those DCAs. I'm still not sure how the letter would apply for dca's? Is there a different one that deals directly with DCA's and the issue of no contract with them?

 

Many thanks

Happyfeet:)

Capquest - No cca yet - OC sent what they think is a CCA - account on hold - no contact since

 

Lewis - Lost their tongue after cca request:roll: -

Now in default of my CCA request - still no contact since:D

 

Fredrickson - No cca yet - Now in default of my request - now stopped contact with me:rolleyes: **UPDATE** April - Sent back £1 p/o and gave up!!!!!!!!!!

 

1ST Credit - CCA request sent - now stopped contact with me

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I do hope that the letter template you showed doesn't allow somebody driving at 130mph in a 30mph limit to be let off:eek:

 

I replied on post 13# because you asked if anybody had DCAs demanding money and if the person being demanded of had a contract with those DCAs. I'm still not sure how the letter would apply for dca's? Is there a different one that deals directly with DCA's and the issue of no contract with them?

 

Many thanks

Happyfeet:)

 

ok. lets see if we can use our creative imagination to come up with notice that you can send them.

 

 

[ADDRESS]

 

 

[DATE]

 

Re: NOTICE (ok here put in the title of the notice they sent you, demand for payment etc) - Issued [date]

 

Notice of Discharge of... (Demand of Payment)

 

To [address]

 

You have apparently made allegations of that I owe you money. You have apparently made demands upon me to pay the money allegedly owed. I do not understand those apparent demands and therefore cannot lawfully fulfil them.

 

I seek clarification of your document so that I may act according to the law.

 

Failure to accept this offer to clarify and to do so completely and in good faith within 10 days will be deemed by all parties to mean you and your principal or other parties abandon all demands upon me.

 

I conditionally accept your offer to agree that I am [your NAME in capitals] and that I owe £......., upon proof of claim that there exists a signed two party contract between us, and that if you can prove that said contract exists, you make presentation of a bill of exchange for the aforementioned amount.

 

Proof and presentation must be sent via registered mail to:

 

[ADDRESS]

 

no later than TEN (10) days from the date of original service as dated by way of Royal Mail

recorded delivery service. Further demands for payment thereafter by you or any third parties will be seen as a breach of Section 1 of The Protection from Harassment Act 1997 if you fall into dishonour by failing to respond within the ten days.

 

 

Sincerely and without ill will, vexation or frivolity

[signature]

 

 

so basically, its quite simple. all you are doing is disharging their offer for you to pay them by making a counter-offer to pay on condition. its just negotiation, which any judge will have assumed to have been undertaken by the 2 parties before entering court.

 

DCA's have no contracts with the persons they demand money from and cannot enforce those demands if you conditionally accept.

 

if you receive no reply, you can then go to a public notary and get him to send a copy of your notice with his own. if that is ignored, the PN will send the same one last time. if it ignored again, the PN will make a default judgment in your favour, an estoppel.

 

if the DCA take you to court, you can file the estoppel into the evidence file of the judge, and it all goes tits up for the DCA

Edited by pleasuredome

"... all legal obligations arose from FREE CHOICE - which, if it was not expressed, must then be implied"

 

P.S. Atiyah, Rise and Fall of Freedom of Contract

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so let me get this straight - at what point would you send this letter? would it be when you first get the demand to know who was driving or have you, at this point already confirmed to the police who was driving?

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so let me get this straight - at what point would you send this letter? would it be when you first get the demand to know who was driving or have you, at this point already confirmed to the police who was driving?

 

the one above is to be sent to the DCA.

 

that particular situation, and with other driving offences could be very difficult to get out of as the car is registered in your person. you could claim that you dont know who was driving, which would mean they would try to get you to pay the fine. at that point you would send that notice.

 

a funny story that a policeman told my bro-in-law was that, to put it in a nutshell, the police went chasing after 3 lads in a car, the car had gained some distance on police, but the police eventually caught them when the car had stopped. they went to the car and all three lads were sat on the backseat. the police asked who was driving and they said they didnt know, none of them gave their name and there was nothing the police could do.

 

im not condoning irresponsible behaviour, but these days the 'authorities' are acting that way all the time and are screwing the people for as much as they can get.

"... all legal obligations arose from FREE CHOICE - which, if it was not expressed, must then be implied"

 

P.S. Atiyah, Rise and Fall of Freedom of Contract

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Did you, by any chance, supply the defence in the Rankine Case?

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the police went chasing after 3 lads in a car, the car had gained some distance on police, but the police eventually caught them when the car had stopped. they went to the car and all three lads were sat on the backseat. the police asked who was driving and they said they didnt know, none of them gave their name and there was nothing the police could do.

 

in the case of a s172 notice - the registered keeper is REQUIRED BY LAW to give the name of the driver. if they fail to do so they themselves are prosecuted for failing to do so.

 

when this process was challenged under the Human rights act the EU court held that simply by DRIVING A CAR the driver agreed to forfeit some of their rights.

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