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    • Hi All, newbie here, hope I'm doing this correctly.   Two years ago the wife was using my car and bought a ticket in a train station car park and displayed it on the dashboard. She returned to find a parking charge notice from Excel. It was a very windy day and it had evidently been blown on the the floor of the car as she left. It did not have a self adhesive part to stick to the window. I subsequently followed their online claim procedure and sent a copy of the ticket but the claim was refused. A couple of days ago I received the County Court Business Centre claim form in the post after presuming it would go away after not hearing from them for about a year (the usual threatening letters from debt recovery companies etc).   I wish I had paid the original £20 as this has been a big worry and hassle, but I just ignored most of the letters after reading stuff online. Obviously I want to dispute the whole of the claim but do I have a decent defence? I would cite the fact that the only reason the ticket was not displayed was that it could not be stuck to the window.   Any help and advice would be greatly appreciated.   Name of the Claimant : Excel Parking Services   Claimants Solicitors: Unknown   Date of issue – 08 July 2020   Date for AOS - 27 July 2020?   Date to submit Defence - 10 August?       What is the claim for – Breach of contract - parked without clearly displaying a valid parking ticket in Brewery St car park, Chesterfield on 02.07. 2018. Defendant has failed to settle the outstanding liability and Claimant seeks recovery of of the parking charge notice, costs and interest       What is the value of the claim? £185.00
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    • Hi all   It's been a long time since I've used this site, I used to be a frequent poster, mainly in the parking subforums.    I'll try and keep this as concise as possible, although it may get a bit confusing, so apologies in advance.  Also I hope this is the right subforum for such a matter, but I couldn't see anything more specific for divorces/family law.  So here goes..   My now ex-wife and I divorced last year, after our relationship broke down due to irreconcilable differences.  She initiated the divorce proceedings so was the petitioner, I was the respondent.  We informally agreed early on that she would stay at the family home (I moved out), and buy me out of my share of the house and contents.   We went to family mediation and hashed out an agreed settlement figure that we were mostly happy with.  A lump sum for the house and contents, plus she would give me the money to pay off several loans for goods on hire purchase that remained in the house, as the debts were solely in my name at the time.    I did not contest the divorce on any point, except she wanted me to pay the court costs of the divorce (£850) since she blamed me for the breakdown of the marriage.  I objected to this on the financial paperwork, stating that I was not the petitioner, plus the cause of the breakdown of the marriage were not due to adultery or domestic abuse.    The financial court ruled against me, meaning the £850 would be deducted from the final settlement figure.  I was looking to appeal against this decision which would have delayed the proceedings by several months, however in the meantime I was able to make an agreement with her solicitors to split the court costs 50:50, so we would in fact be paying £425 each.  They sent this offer in a letter headed "Without Prejudice", stating that if I was agreeable, they would submit an amended financial order to the courts with the amounts amended so I would only be paying £425 instead of £850 towards the costs.  I responded to this in writing and signed the form they sent me, initialling where the amount was changed on the financial order.   This is where it gets a bit tricky.  They then resubmitted the ORIGINAL financial order to the family with the £850 deduction still on it and promptly stopped responding to my calls and emails.  My ex wife has now paid the settlement figure, with the £850 deducted rather than the agreed upon £425.  It's a bit of an odd situation as my ex paid me basically exactly what it says on the court form, even though I made a different agreement with her solicitors.  I feel they've been dishonest in this case, whether intentionally or not but it's still left me over £400 out of pocket.    My question basically is this?  Do I have any legal recourse options available to me against the solicitor?  Does the fact that they headed the offer letter "Without Prejudice" mean that they can basically go back against their word and not honour an agreement that was made in good faith?  I've been doing my own research into this subject and it's a bit of a minefield, but I'm wondering whether I've got grounds for a complaint to the Solicitors Regulatory Authority, or possibly even pursuing them via the Small Claims Court?   Any thoughts?  If you need any more information or need me to clarify any particular points, please let me know.   Thanks in advance CD
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    • Can I just ask only because I do panic about stuff like this.  More because of the affect it has on my husband.   In 2014 when my husband was at his worst and NatWest got the charging order on our house (which was then repossessed) we had to stop using our NatWest bank account which we did.  When we signed up for credit reports in January we noticed our NatWest bank account was being reported on a monthly basis so we decided to close it.  My husband and I went into a branch and closed it.  We had 4 accounts, 1 for everyday banking and 2 savings and 1 was the loan.  She said she could close the 3 accounts but obviously not the loan.  She said she’d transfer the money from the 2 savings into the main bank account and give us the money then shut all 3.  We were gobsmacked when she gave us over £1000.  We never thought we had money in the accounts.  Can this be used against us?  The 3 accounts are now shut and marked as settled on our credit file.
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Sipea71

PCN issued with wrong make of vehicle - Newham Council

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Hi

 

I have been issued a PCN contravention code 12 by Newham council.

 

I had parked in a resident/pay and Display bay and went to my customers property where I had an appointment.

 

They did provide me with a visitors permit however, admittedly we were chatting for a while then we noticed the traffic warden who was promptly issuing a ticket.

 

I showed him that I had a resident parking permit and he responded with the expected ' I've printed it now nothing I can do' attitude.

 

The ticket does state my correct registration number however it does not state the correct make of car.

 

The PCN clearly states Vehicle Make:Vauxhall, my car is a Peugeot !

 

Can anyone give me any advice please ?

 

Thanks in advance

 

Simon

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How long was the observation on the PCN? You are allowed time to get a permit usually about 5 mins so I would appeal on those grounds rather than the type of car.

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This is from the regulations about the content of a PCN

Contents of a penalty charge notice served under regulation 9

 

1. A penalty charge notice served under regulation 9 must, in addition to the matters required to be included in it by regulation 3(2) of the Representations and Appeals Regulations, state—

(a) the date on which the notice is served;

(b) the name of the enforcement authority;

© the registration mark of the vehicle involved in the alleged contravention;

(d) the date and the time at which the alleged contravention occurred;

(e) the grounds on which the civil enforcement officer serving the notice believes that a penalty charge is payable;

(f) the amount of the penalty charge;

(g) that the penalty charge must be paid not later than the last day of the period of 28 days beginning with the date on which the penalty charge notice was served;

(h) that if the penalty charge is paid not later than the last day of the period of 14 days beginning with the date on which the notice is served, the penalty charge will be reduced by the amount of any applicable discount;

(i) the manner in which the penalty charge must be paid; and

(j) that if the penalty charge is not paid before the end of the period of 28 days referred to in subparagraph (g), a notice to owner may be served by the enforcement authority on the owner of the vehicle.

 

Nothing there about the need for the make of the vehicle to be accurately recorded...

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Hi Thanks for the info.

 

Firstly G&M, I think it was a good 10 mins before we noticed the warden ( so no go there I think!)

 

The PCN clearly states the VRN correctly but Vehicle make incorrectly and the wording underneath says:

 

Civil Enforcement Officer **** has reasonable cause to believe that a penalty charge is payable with respect to the above vehicle for the following contravention : .......................................blah blah blah

 

My argument is that CEO **** may have reasonable cause to believe whatever he wants about a Vauxhall with my Reg number, however, my car is a Peugeot, so surely the PCN refers to a vehicle that does not exist and therefore must be invalid ??

 

If there was no vehicle make given on the ticket I would probably let it go, however frustrating it is, but these guys want £100 I haven't got !!

 

I may just fire off a letter contesting it anyway and see how it goes.

 

Thanks for the advice and if anyone else know a definitive answer or reason I should not write please let me know

 

Thanks again

 

Simon

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Hi Thanks for the info.

 

Firstly G&M, I think it was a good 10 mins before we noticed the warden ( so no go there I think!)

 

The PCN clearly states the VRN correctly but Vehicle make incorrectly and the wording underneath says:

 

Civil Enforcement Officer **** has reasonable cause to believe that a penalty charge is payable with respect to the above vehicle for the following contravention : .......................................blah blah blah

 

My argument is that CEO **** may have reasonable cause to believe whatever he wants about a Vauxhall with my Reg number, however, my car is a Peugeot, so surely the PCN refers to a vehicle that does not exist and therefore must be invalid ??

 

If there was no vehicle make given on the ticket I would probably let it go, however frustrating it is, but these guys want £100 I haven't got !!

 

I may just fire off a letter contesting it anyway and see how it goes.

 

Thanks for the advice and if anyone else know a definitive answer or reason I should not write please let me know

 

Thanks again

 

Simon

 

It doesn't matter when you saw him what matters is how long he saw you parked before he issued a PCN.

Even if you end up paying most Councils will reduce the penalty to the lower rate if you produce a permit that was valid on the day in question, so the most you should end up paying is £30.

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I have no way of proving how long he waited and the resident permit is a cardboard one that is filled out in pen at the time of parking, so could be written at any time so I don't think they will go with that !!

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I have no way of proving how long he waited and the resident permit is a cardboard one that is filled out in pen at the time of parking, so could be written at any time so I don't think they will go with that !!

 

It should be on the PCN or at least in his notes you NEED to know. It doesnt matter if you filled in the permit today as long as it was valid they should accept it and lower the fine to the lower rate that is the policy of the 'London Councils'.

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