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    • I have just read the smaller print on their signs. It says that you can pay at the end of your parking session. given that you have ten minutes grace period the 35 seconds could easily have been taken up with walking back to your car, switching on the engine and then driving out. Even in my younger days when I used to regularly exceed speed limits, I doubt I could have done that in 35 seconds even when I  had a TR5.
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    • Thank you for posting up the results from the sar. The PCN is not compliant with the Protection of Freedoms Act 2012 Schedule 4. Under Section 9 [2][a] they are supposed to specify the parking time. the photographs show your car in motion both entering and leaving the car park thus not parking. If you have to do a Witness Statement later should they finally take you to Court you will have to continue to state that even though you stayed there for several hours in a small car park and the difference between the ANPR times and the actual parking period may only be a matter of a few minutes  nevertheless the CEL have failed to comply with the Act by failing to specify the parking period. However it looks as if your appeal revealed you were the driver the deficient PCN will not help you as the driver. I suspect that it may have been an appeal from the pub that meant that CEL offered you partly a way out  by allowing you to claim you had made an error in registering your vehicle reg. number . This enabled them to reduce the charge to £20 despite them acknowledging that you hadn't registered at all. We have not seen the signs in the car park yet so we do not what is said on them and all the signs say the same thing. It would be unusual for a pub to have  a Permit Holders Only sign which may discourage casual motorists from stopping there. But if that is the sign then as it prohibits any one who doesn't have a permit, then it cannot form a contract with motorists though it may depend on how the signs are worded.
    • Defence and Counterclaim Claim number XXX Claimant Civil Enforcement Limited Defendant XXXXXXXXXXXXX   How much of the claim do you dispute? I dispute the full amount claimed as shown on the claim form.   Do you dispute this claim because you have already paid it? No, for other reasons.   Defence 1. The Defendant is the recorded keeper of XXXXXXX  2. It is denied that the Defendant entered into a contract with the Claimant. 3. As held by the Upper Tax Tribunal in Vehicle Control Services Limited v HMRC [2012] UKUT 129 (TCC), any contract requires offer and acceptance. The Claimant was simply contracted by the landowner to provide car-park management services and is not capable of entering into a contract with the Defendant on its own account, as the car park is owned by and the terms of entry set by the landowner. Accordingly, it is denied that the Claimant has authority to bring this claim. 4. In any case it is denied that the Defendant broke the terms of a contract with the Claimant. 5. The Claimant is attempting double recovery by adding an additional sum not included in the original offer. 6. In a further abuse of the legal process the Claimant is claiming £50 legal representative's costs, even though they have no legal representative. 7. The Particulars of Claim is denied in its entirety. It is denied that the Claimant is entitled to the relief claimed or any relief at all. Signed I am the Defendant - I believe that the facts stated in this form are true XXXXXXXXXXX 01/05/2024   Defendant's date of birth XXXXXXXXXX   Address to which notices about this claim can be sent to you  
    • pop up on the bulk court website detailed on the claimform. [if it is not working return after the w/end or the next day if week time] . When you select ‘Register’, you will be taken to a screen titled ‘Sign in using Government Gateway’.  Choose ‘Create sign in details’ to register for the first time.  You will be asked to provide your name, email address, set a password and a memorable recovery word. You will be emailed your Government Gateway 12-digit User ID.  You should make a note of your memorable word, or password as these are not included in the email.<<**IMPORTANT**  then log in to the bulk court Website .  select respond to a claim and select the start AOS box. .  then using the details required from the claimform . defend all leave jurisdiction unticked  you DO NOT file a defence at this time [BUT you MUST file a defence regardless by day 33 ] click thru to the end confirm and exit the website .get a CPR 31:14 request running to the solicitors https://www.consumeractiongroup.co.uk/forum/showthread.php?486334-CPR-31.14-Request-to-use-on-receipt-of-a-PPC-(-Private-Land-Parking-Court-Claim type your name ONLY no need to sign anything .you DO NOT await the return of paperwork. you MUST file a defence regardless by day 33 from the date on the claimform.
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Council Tax court action and investigation


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Rather long post sorry.

In 2007/8 my council tax was worked out and I had a court summons, on enquiring why the summons, I was told I had not produced the correct evidence? I was never asked for that particular bit, but they agreed to stop the court action, and as a show of good will I was only having to pay 50% of the court fees. This was my first time in claiming anything. I had been going through a divorce, and had a mental breakdown.

 

Atfer this everything seemed to settle, then the family house was sold and I purchased a place alone in May 08. In Oct I was called in for a interview under caution :eek:. It was alleged that I had not declared my income correctly, I was shown their working, they had taken the money that my partner had taken as part of the divorce settlement, but their argumant was, it was still available to me, I said no it was his settlement that had gone through the solicitors. It took a letter from both solicitors to convince them.

 

They then said I had a large amount in my account in 2004 !!!:confused: this was money from a family member who lived abroard and sent the money for me to purchase a property for them to return to. I had to show bank statements/house deeds/solicitor letters to prove this, even though my first claim was not until 2006 :mad:

 

Claim was passed to senior member, he said as far as he was concerned it was all up together and he would say no further action. He needed to wait for the transcription of the last interview. This was not 13 weeks ago :cool:

 

Four weeks ago I had final payment letter, I rung and spoke to the senior officer and he said he would tell the council tax dept, that there was a investigation ongoing. Then yesterday I had 3 court summons, saying a further £180 would be added to the final amount.

 

They even turned up on a elderly relitives doorstep, to check that they had received payment for a car, when I sold the property.

 

Should this still be dragging on, is there not a timescale they have to stick to? they give us enough, but seem to do whatever they like.

I have had just about enough, Im unemployed because of a breakdown, and this constant worry is making me ill.:mad:

 

Sorry about the length of post.

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This sounds like a nightmare! And it sounds like the council haven't tried to sort this out at all.

 

When is the court date mentioned in the summons?

 

Your case sounds very complicated, can anybody help you with this, e.g. the Citizens Advice Bureau or a local councillor?

 

When I went to court for council tax there was a team of council employees there to go through all the paperwork and make an agreement with people before the hearing (basically to stop the hearing). If you can't make an agreement then it goes before the magistrate and you show your evidence to the magistrate, who makes a decision.

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i recieved two letters today, one for £60 and 1 for £120, with a note at the bottom to say, this is subject to court proceedings. I eventually got through to them on the phone, and they said that it was court fees. Court fees for what I said? They are still investicating the claim. Oh no she said that has all be sorted, they have re-instated your claim and backdated it, you now own nothing except these costs.

I asked why I am being charged with court costs, for non payment, when they have re-instated it, and it was there fault as I had done nothing wrong?

She put me through to a different dept, who said a mistake had been made and the charges would be wavered? big deal. I am so angry that this has been going on for over 8 mths, interviewed under caution three times, made to look a cheat. and my elderly relitive was called upon and interviewed by 2 people, and she was so upset, and not even a sorry. These people seem to go for the easy options, its a pity they did not hound the people that have been cheating the system for years.

I am happy that they have sorted this out at last.

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I'm so pleased for you that you have sorted this out, it must be a big relief.

 

Councils are out of control in the way they are collecting council tax, and it really could turn into a big political issue at any time in my opinion.

 

If you look at my thread you will see (on page 3) that my case ended up in the local newspaper:

http://www.consumeractiongroup.co.uk/forum/local-authority-council-tax/201176-summons-how-can-i.html

 

Compared to you, I haven't been treated so badly.

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If your not worried about your name being published 50plus, why not write a letter to you local paper and see if they print it. The least you can do is attempt to shame the council, who like all councils, have no interest in you, your family or your means.

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