Jump to content


  • Tweets

  • Posts

    • Apologies dx100uk  I did not put the answers in red  Thank you all for your patience. H
    • Which Court have you received the claim from ? Northampton  Name of the Claimant ? Overdales solicitors  How many defendant's  joint or self ?  Self Date of issue – top right hand corner of the claim form – this in order to establish the time line you need to adhere to.  13 may 2024 What is the claim for – the reason they have issued the claim? the claim is for the sum of £6163.61due by the defendant under an agreement regulated by the consumer credit act 1974 for hsbc uk bank plc. Account 4546384809766042. The defendant faild to maintain contractual payments required by the agreement and a default notice was served under s 87(1)  of the consumer credit act 1974 which as not been compiled with. The dbt was legally assigned to the Claimant on 23/08/23, notice on which as been given to the defendant.  The claim includes statutory interest under S.69 of the county courts act 1984 at a rate of 8% per annum from the date of assignment to the date of issue of these proceedings in the sum of £117.53 the Claimant claims the sum of £6281.14. Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ?   Not to my knowledge. Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred?  No Do you recall how you entered into the agreement...On line /In branch/By post ?  Online but it was for a smaller amount they kept on increasing this with me asking 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.  It was assigned to a debt collection agency  Were you aware the account had been assigned – did you receive a Notice of Assignment? yes  Did you receive a Default Notice from the original creditor?  Yes I also made offers to pay original creditor a smaller amount but was not replied to Have you been receiving statutory notices headed “Notice of Sums in Arrears”  or " Notice of Arrears "– at least once a year ?  No Why did you cease payments? I was made redundant and got a less paid job I also spent some time on furlough during covid and spent some 3 months on ssp off work. What was the date of your last payment?  May 2021 Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? Yes at the time I communicated with all my creditor's that I was running out of funds to pay the original agreements once my redundancy money ran out that was when my accounts defaulted. I then wrote to all my creditor's with pro rata offers of payments but debt collectors took over the accounts.
    • Just an update for all. I received about a letter every other week, increasing in threat levels. Then I hadn't had one for a about two weeks, then Saturday received a carbon copy of the very first letter they sent me in February. Made me laugh, rinse and repeat. 
    • So, your response was not received by the SCP as you did not send it with a valid stamp. Therefore, from my two option in post #14, the first option is the only one available to you, but you do not have the option of asking to be sentenced at the fixed penalty level as the reason the SCP did not receive your response was down to you. Here's a reminder of what to do: Respond to the SJPN by pleading “Not Guilty” to both charges. In the “Reasons for pleading Not Guilty” box state that you are willing to plead guilty to the speeding charge providing, and only providing, the “Fail to Provide Driver's Details" (FtP) charge is dropped. This is a tried and tested method to deal with your problem and is almost always successful. Before the pandemic it was necessary to attend court to do this "deal" because it needs the agreement of the police prosecutor.. During the pandemic courts made every effort to have as few  people as possible attend and they began doing this deal under the "Single Justice" procedure without the defendant's attendance. Some courts have carried this procedure on whilst others have reverted to a personal attendance being necessary. If you are required to attend, your case will be taken out of the SJ procedure and you will be given a date for a hearing in the normal Magistrates' Court. If that is the way they do it in the area involved you will have to attend, see the prosecutor and offer your "deal" in person. 
    • what device are you using? copy all the questions then come here to this thread and paste them. then answer each question click on red give answers here. when done  hit submit reply bottom right.  
  • Recommended Topics

  • Our picks

    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • 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.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 161 replies
    • 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
        • Like
  • Recommended Topics

Fixed Penalty Notice


style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 6447 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

Hi

I received a hand written parking ticket which is headed as 'Northumbria Police - Fixed Penalty Notice(Non-endorsable offence)'.

Section 1 has my registration details, the street and town, the times 11.25 to 11.45 and 'on' which has been filled with the date 070706. The next section is the 'offence' with the code M1 - The vehicle was waiting in a restricted area. The officers signature, number and sector/section have been completed.

Nowhere in this section are the terms ' date issued' or 'contravention'.

 

I've been advised to deny it's validity as i haven't committed an "Offence" - parking is decriminalised. Also tickets must conform to the DoT model ticket and thus contain certain things: one of which is the "DATE OF ISSUE".

 

Can anybody help me with this - how do I go about denying the validity of a ticket and where can I find out more info about DoT model tickets.

Debbie

 

Lloyds TSB - Subject Access Request for 2 accounts - 27/07/06

26/08/06 - statements received

29/08/06 - preliminary letter sent - account 1 owed £915 plus £70.90 interest = £985.90

account 2 owed £650 plus £79.99 interest = £729.99

18/09/06 - LBA sent - includes extra charges incurred

 

MCOL filed

Acknowledgement of Service - 04/12/2006

Copy of Lloyds Allocation questionnaire received 12/01/06

My AQ form received 30/01/06

 

HSBC - Subject Access Request - 27/07/06

05/08/06 statements received

08/08/06 - Preliminary letter - £1388 plus £128.69 interest = £1516.69

25/08/06 - received offer of £1200

29/08/06 - LBA sent

17/09/06 - MCOL submitted - £1875.65 (incl 8% int)

19/09/06 - Notice of Issue received

Full settlement

Link to post
Share on other sites

I've been advised to deny it's validity as i haven't committed an "Offence" - parking is decriminalised.

 

Parking is not nationally decriminalised. Local authorities have to decide to take it over from the police. In Northumbria for example, the North Tyneside area won't be adopting decriminalised parking until April 2007 although other local authorities in the area already have. So the police may still be responsible for issuing fixed penalty notices for which you will receive a court summons if you don't pay. Its a completely different system so the thread posted above won't help you.

I'm not saying you can't challenge the fixed penalty notice, but the regulations for the decriminalised system are not the same as for the police operated system. Your right to challenge a police fixed penalty notice is in the local magistrates court and not through NPAS

Link to post
Share on other sites

Hi

I received a hand written parking ticket which is headed as 'Northumbria Police - Fixed Penalty Notice(Non-endorsable offence)'.

Section 1 has my registration details, the street and town, the times 11.25 to 11.45 and 'on' which has been filled with the date 070706. The next section is the 'offence' with the code M1 - The vehicle was waiting in a restricted area. The officers signature, number and sector/section have been completed.

Nowhere in this section are the terms ' date issued' or 'contravention'.

 

I've been advised to deny it's validity as i haven't committed an "Offence" - parking is decriminalised. Also tickets must conform to the DoT model ticket and thus contain certain things: one of which is the "DATE OF ISSUE".

 

Can anybody help me with this - how do I go about denying the validity of a ticket and where can I find out more info about DoT model tickets.

 

 

Hi,

 

I have recently been in a similar situation to yourself in that I was given an unfair parking ticket by Euro Carparks. I work at my local railway station and was given a parking ticket for as they put it "parking illegally" although I was on railway property and clearly displayed my parking permit. I took the following steps:

 

1) I made initial contact to the company by phone and followed this up with a letter. I kept a copy of the letter and noted when I'd contacted them.

 

2) They ignored and dismissed my claim and began sending me threatening letters.

I kept copies of these too.

 

3) I went to the CAB (Citizens Advice Bureau) they contacted the company on my behalf. The notice was then put on hold while I continued to fight the decision.

 

4) I contacted the following appeal bodies:

Parking & Traffic Appeals Service (London appeals) 02077474700

National Parking Adjudication Service(England, outside London, Wales) 01612425252

Scottish Parking Appeals Service 01312210409

British Parking Association 0144447300

 

5) Finally after gathering as much info as I could and researching into it. I found I was still battling bureaucracy so I found out the number of my local MP made initial contact with his office by phone. Then sent copies of EVERY piece of correspondence in my case to him he took over the matter and got the matter resolved on my behalf.

 

It does take time but it will work out in the end.

 

Hope this helps

 

bze lizzy

Link to post
Share on other sites

lizzy,

 

Your situation is different again from either a police parking ticket or a local authority ticket.

You were parked on private land. That is between you and the landowner or its agent, Euro Car Parks. None of the regulations apply, its a private contract.

I'm not surprised you felt you were getting nowhere with all those appeal bodies you were writing to! There isn't one for parking on private land.

Link to post
Share on other sites

If you park in a dangerous position, so as to cause an obstruction or in an area restricted in criminal law (e.g. on a clearway or road marked with double solid white centre lines) then you are liable for criminal prosecution, which will be dealt with by the police, regardless of decriminilisation of parking in the area.

 

This ticket is for a criminal offence which is why it is called a "Fixed Penalty Notice", same as those for speeding, running red lights and so on (except this one is non-endorseable).

 

Also see this thread here:

Parking Ticket

 

If you want to dispute you will have to go to court as with any other criminal offence dealt with by fixed penalty: it's a conditional offer and if you turn it down you have to be tried in court. If you believe you're not guilty then you need to be acquitted in court.

 

Not a positive answer but I hope that helps.

Link to post
Share on other sites

 

If you want to dispute you will have to go to court as with any other criminal offence dealt with by fixed penalty: it's a conditional offer and if you turn it down you have to be tried in court. If you believe you're not guilty then you need to be acquitted in court.

 

Not a positive answer but I hope that helps.

 

If you turn it down you will have judgement registered.

 

You MUST request a court hearing or they can register judgement. Simply ignoring it (the same as not accepting the offer) and judgement will be registered.

PUTTING IT IN WRITING & KEEPING COPIES IS A MUST FOR SUCCESS

Link to post
Share on other sites

Thanks for the advice - I think I'd better go and pay it:mad:

Debbie

 

Lloyds TSB - Subject Access Request for 2 accounts - 27/07/06

26/08/06 - statements received

29/08/06 - preliminary letter sent - account 1 owed £915 plus £70.90 interest = £985.90

account 2 owed £650 plus £79.99 interest = £729.99

18/09/06 - LBA sent - includes extra charges incurred

 

MCOL filed

Acknowledgement of Service - 04/12/2006

Copy of Lloyds Allocation questionnaire received 12/01/06

My AQ form received 30/01/06

 

HSBC - Subject Access Request - 27/07/06

05/08/06 statements received

08/08/06 - Preliminary letter - £1388 plus £128.69 interest = £1516.69

25/08/06 - received offer of £1200

29/08/06 - LBA sent

17/09/06 - MCOL submitted - £1875.65 (incl 8% int)

19/09/06 - Notice of Issue received

Full settlement

Link to post
Share on other sites

lizzy,

 

Your situation is different again from either a police parking ticket or a local authority ticket.

You were parked on private land. That is between you and the landowner or its agent, Euro Car Parks. None of the regulations apply, its a private contract.

I'm not surprised you felt you were getting nowhere with all those appeal bodies you were writing to! There isn't one for parking on private land.

 

 

Thanks for that info it helps to have yet another perspective on it. Can I actually claim the monies paid back?

 

bze lizzy

Link to post
Share on other sites

  • 2 months later...

here is a good one. I live in an old house which doesnt have any off road parking. My neighbours and i have been parking outside our house for years but now we cant, apparently we cause an obstruction, but what we obstruct has yet to be defined. i have recieved 3 fixed penalty notices, which i am reluctant to pay for several reasons.

1 there are no parking retrictions in front of the house, no notices or lines.

2 several people in the village park their cars on the pavement and don't recieve a ticket.

3 the ticket jusst has Main Street as the place, however Main Street isover a mile long, so where did this offence take place.

 

We feel victimised and we wondered if the ambiquous of the place would be useful to get it withdrawn.

 

On my partners ticket they put down a date from NXT year, are they getting it in while they have a slack moment!!!!

Any advice please.

Link to post
Share on other sites

Is this a Fixed Penalty Notice, for obstruction, issued by Police or Traffic Wardens, or a Penalty Charge Notice issued by the council?

 

What you are obstructing depends on the width of the road. Is there room to get a fire engine through with you parked there?

 

You may also obstruct view of/from side roads, if you're parked near one. Parking within 10m of a junction is a habit in some areas that really gets on my tits. :rolleyes:

Link to post
Share on other sites

If you turn it down you will have judgement registered.

 

You MUST request a court hearing or they can register judgement. Simply ignoring it (the same as not accepting the offer) and judgement will be registered.

 

If this matter refers to Police FPN's:

 

They cannot simply register a judgement.

 

If you do not pay the ticket then the fine is sent to the court to be dealt with.

 

If you fail to attend the case may be heard in your absence.

 

If the case is won by the crown then you will be liable to pay the original penalty plus costs. (The original penalty is increased by 50% also I think).

 

Once that is done then the court will make attempts to recover the money from you. This may include the use of baliff's to recover the money OR to take you to court to be placed before the magistrates.

 

The ticket is only likely to be £30 - If you have committed the offence then pay the ticket and get rid of it.

 

If you believe it has been incorrectly issued then write to the force concerned, you will find them very helpful if it has been incorrectly issued.

_________________________

 

Barclays - Settled -£1410.00

BOS - Settled - £525

C1 - Settled - No Idea How Much!

PPI From HFC Is Next!

 

 

Please View The

FAQ's - They Contain Everything You Need!

Link to post
Share on other sites

here is a good one. I live in an old house which doesnt have any off road parking. My neighbours and i have been parking outside our house for years but now we cant, apparently we cause an obstruction, but what we obstruct has yet to be defined. i have recieved 3 fixed penalty notices, which i am reluctant to pay for several reasons.

1 there are no parking retrictions in front of the house, no notices or lines.

2 several people in the village park their cars on the pavement and don't recieve a ticket.

3 the ticket jusst has Main Street as the place, however Main Street isover a mile long, so where did this offence take place.

 

We feel victimised and we wondered if the ambiquous of the place would be useful to get it withdrawn.

 

On my partners ticket they put down a date from NXT year, are they getting it in while they have a slack moment!!!!

Any advice please.

 

You need to write to the ticket office for the force who issued this ticket to you.

 

The ticket appears to have been issued incorrectly - The office should cancel this.....

_________________________

 

Barclays - Settled -£1410.00

BOS - Settled - £525

C1 - Settled - No Idea How Much!

PPI From HFC Is Next!

 

 

Please View The

FAQ's - They Contain Everything You Need!

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...