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    • Wrongly convicted Horizon victims in Scotland to be exonerated NEWS.STV.TV Victims who faced wrongful convictions are to be exonerated the day after Royal Assent is granted.  
    • 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  
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Car auctioned whilst on holiday for PCN


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You need to speak to a parking tickets expert on this.

 

I would go with transferring to a local court if you are confortable making representation in person. You might just prefer to make a written statelemt and file that as your represnentation.

 

Your original post says your driveway was damaged, you can also ask for your builders invoice for the repaid to be remunerated to you. this is settled by the bailiffs liability insurer but the council will need to do this. You only need ask the council to pay you the invoice and any interest if you have filed a claim at court.

 

I do find it rather odd the bailiff used 192.com to trace you and unlilaterally levied on your goods without giving the council an opportunity to re-send a charge certificate to your new address. The bailiff has landed the council a large bill by enforcing a parking ticket knowing you have not received the charge certificate at your current address.

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The car wasn't sold, however I had to pay storage costs to get it back.

 

I have recieved a reply to the SAR, the original statatory declaration went against me and I am now completing an N244 appealing.

 

Am i better to opt to pay the £45 without a hearing or £75 transferred to a local court fees?

 

If this were me, I would not hesitate in paying the increased amount of £75 to go before a District Judge at my local County Court.

 

I have sent you PM.

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  • 1 month later...

I have now recieved replies to SAR's from the bailiff's and the local authority involved and have spoken to Northampton County Court and can confirm the following.

 

Jan 2007 - Moved house.

July 2007 - Recieved PCN's whilst working away despite having residents permit from B&B.

Feb 2008 - PCN's registered with Northampton Court at my previous address.

July 2008 - PCN's re-registered with Northampton Court at my new address.

Sept 2008 - Bailliff's attend boarded up property (not my address).

Jan 2009 - Case reopened, bailiff confirmed with my local council my address and letter allegedly sent.

Jan 2009 - Bailiff confirmed my address with 192.com, bailiff visited property, bailiff confirmed with neighbour I had been on holiday since before Christmas, bailiff organised for my car to be removed.

 

Not really sure what to do next now, if I need to appeal and as there are 3 PCN's then would I need to pay the fee 3 times ?

Edited by sutton6344
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Sept 2008 - Bailliff's attend boarded up property (not my address).

Jan 2009 - Case reopened,

Jan 2009 - Bailiff confirmed my address with 192.com, bailiff visited

 

You should have received a CHARGE CERTIFICATE for each PCN when it was discovered you had a new address, as they did not send you one, enforement action is unlawful

 

Section 66 of the Road Traffic Act 1991:

 

Where a charge certificate has been served on any person and the increased penalty charge provided for in the certificate is not paid before the end of the period of 14 days beginning with the date on which the certificate is served, the authority concerned may, if a county court so orders, recover the increased charge as if it were payable under a county court order

 

Section 7 of the Interpretation Act 1978

 

Where an Act authorises or requires any document to be served by post (whether the expression “serve” or the expression “give” or “send” or any other expression is used) then, unless the contrary intention appears, the service is deemed to be effected by properly addressing, pre-paying and posting a letter containing the document and, unless the contrary is proved, to have been effected at the time at which the letter would be delivered in the ordinary course of post.

 

Contrary intention appears because the bailiff found a boarded up house, then sucessfully traced you using 192.com. This Act can be used to decide enforcement action is unlawful and you now have a right to reclaim your car and all your disbursements as suggested in the post above from both the bailiff and council as joint defendants in a civl claim.

Edited by Nintendo Pü

The next generation Nintendo Wii - the Nintendo Puu

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You should have received a CHARGE CERTIFICATE for each PCN when it was discovered you had a new address, as they did not send you one, enforement action is unlawful

 

 

 

I've just checked the councils SAR and there appears to be a charge certificate dated April 2008 and May 2008. This is obviously between Feb and July when it was registered for my previous and then current address.

 

Contrary intention appears because the bailiff found a boarded up house, then sucessfully traced you using 192.com. This Act can be used to decide enforcement action is unlawful and you now have a right to reclaim your car and all your disbursements as suggested in the post above from both the bailiff and council as joint defendants in a civl claim.

 

 

Why would the bailiff attend the wrong house in September and presumably close the case and then confirm my address with my local council, reopen the case and then confirm with 192.com ?

 

I have also been sent a photo of the windscreen with the 'Visitors Parking Permit' inside my windscreen, there is a note underneath the photo stating "visitor permit not completed with the date and vehicle it was being used in".

 

Am I best now contacting the bailiff and/or the council hoping for a quicker solution and to give them another chance before court ?

Edited by sutton6344
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Contact the council. The bailiff is only the councils contractor.

 

Bailiffs are only interested in money - hence the trace and quickly swiping your car behind your back. It makes the most money for them. They are not interested in procedure because the council is responsible for complying with legal process when administrating parking tickets. A DVLA trace on your car will probably reveal the current keeper is a bailiff or one that is moonlighting as a work-from-home motor trader. There is never any bona-fide auction and its a way to make money via the back-door. Do a DVLA look-up and see if the RK is on the public register of certificated bailiffs.

 

Simple letter to council, tell them how much you want them to pay and set a deadline. No money by deadline then file the N1 at court. Dont be fobbed off with contact the bailiiffs, they are the councils responsibility.

 

Remember, on court paperwork, the council is always addressed as - the mayor and burgesses of the borough of...

The next generation Nintendo Wii - the Nintendo Puu

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I'd follow the advice you're getting, Sutton, it sounds pretty good. Why give anyone 'another chance' this has been going on since January! Plenty of chances given...

Good luck.

Rae

 

Yeah fairpoint, I just thought this would be a quicker way of being refunded and if they refuse it's more evidence for me.

 

I was also unsure who to file the case against, the council or the bailiff ?and whether to file a statatory declaration, a N244 or an N1 or even a Form 4 against the bailiff ?

 

PS I got my car back from storage but had to pay storage costs for nearly a month.

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Lol, I'd forget 'quick' you're about to celebrate this cases first anniversary! What you want is your storage charges back, your over the odds bailiffs charges back and the kudos of giving the b*ggers a bloody nose. Well worth a few more weeks... ;)

Rae

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SUTTON

 

Your Out of Time Declaration was rejected nearly 6 months ago!!

 

A short while after, I did post advice to immediately file N244's to appeal the refusal.

 

The subject access request is useful but you could have simply telephoned TEC to get them to confirm the address of the warrant. A lot of time has been wasted and there is NO POINT WHATSOEVER in taking any action against the council or the bailiff company by way of an N1 Claim as this will be thrown out of court because AT THIS PRESENT TIME the bailiff company have done nothing wrong.

 

The ONLY way of getting all of your money back is to have the warrant of execution REVOKED and this CAN ONLY be done by completing the N244 and in particular as you now have proof that all statutory notices going to your previous address.

 

If the warrant is revoked all action taken under the warrant is then null and void and a copy of the revoking order must be sent to the council and they in turn are responsible for refunding the £1,500 that you have had to pay.

 

I personally would pay the £75 as opposed to the cheaper route of £40. HOWEVER...it is the case that you need to pay this fee for each PCN. This is wrong and has been the subject of much correspondence to MOJ but so far the cost is as stated.

 

If you do pay the cheaper amount the case is heard in your absence at Northampton and you are not permitted to attend. However, IF your application is rejected we are assured that you can pay £75 to appear at court. As stated above it is much better to pay the £75.

 

When paying the £75 we always ask the court to order that the local authority refund this fee if the application is accepted.

 

If you want help in completing the N244 please PM.

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I have also been sent a photo of the windscreen with the 'Visitors Parking Permit' inside my windscreen, there is a note underneath the photo stating "visitor permit not completed with the date and vehicle it was being used in".

 

Were you handed a PCN, or does that photo show a one fixed to your vehicle?

 

Section 66 of the Road Traffic Act comes to mind.

 

Does the photo show the visitor permit not completed?

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Were you handed a PCN, or does that photo show a one fixed to your vehicle?

 

Section 66 of the Road Traffic Act comes to mind.

 

Does the photo show the visitor permit not completed?

 

 

The photo shows a PCN on the windscreen with a "Residents visitor parking permit" on the dashboard, even though the date and vehicle registration weren't completed, it does show an expiry date for 9 months in advance.

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SUTTON

 

Your Out of Time Declaration was rejected nearly 6 months ago!!

 

A short while after, I did post advice to immediately file N244's to appeal the refusal.

 

The subject access request is useful but you could have simply telephoned TEC to get them to confirm the address of the warrant. A lot of time has been wasted and there is NO POINT WHATSOEVER in taking any action against the council or the bailiff company by way of an N1 Claim as this will be thrown out of court because AT THIS PRESENT TIME the bailiff company have done nothing wrong.

 

The ONLY way of getting all of your money back is to have the warrant of execution REVOKED and this CAN ONLY be done by completing the N244 and in particular as you now have proof that all statutory notices going to your previous address.

 

If the warrant is revoked all action taken under the warrant is then null and void and a copy of the revoking order must be sent to the council and they in turn are responsible for refunding the £1,500 that you have had to pay.

 

I personally would pay the £75 as opposed to the cheaper route of £40. HOWEVER...it is the case that you need to pay this fee for each PCN. This is wrong and has been the subject of much correspondence to MOJ but so far the cost is as stated.

 

If you do pay the cheaper amount the case is heard in your absence at Northampton and you are not permitted to attend. However, IF your application is rejected we are assured that you can pay £75 to appear at court. As stated above it is much better to pay the £75.

 

When paying the £75 we always ask the court to order that the local authority refund this fee if the application is accepted.

 

If you want help in completing the N244 please PM.

 

See above

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  • 2 weeks later...
  • 2 years later...

Thank you to everyone for the help provided especially to TomTubby.

 

It's taken longer than it should have due to emails not arriving at the TEC leading for me to wait for a reply that never came. I also felt a bit intimidated (unecessarily) about appearing in the County Court before a judge.

 

There were 3 PCN's and the cost of the hearing was £80 per PCN, due to cost I applied for one of them to be revoked as the evidence I produced in my defence was identical for all 3.

 

This application was successfull, hopefully common sence will now prevail and I receive a full refund for all 3 PCN's.

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Excellent, but it took 3 years. Why does it not surprise me that the bailiffs were Jacobs?

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When did you have your hearing & what did the terms of the Order

say?

 

 

The hearing was 1st May and the court order stated

 

1. Leave to the defendant to file a statutory declaration out of time setting out the reason for the setting aside of the penalty notice

2. Warrant set aside.

 

The TEC have now confirmed "it is ordered that the order for recoveryof unpaid penalty charge be revoked".

 

I have sent both orders to the local authority and requested full refund plus interest within 14 days.

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