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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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johno23

Car Purchased then Taken

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My friend bought a car privately about twelve months ago. It is insured, taxed, log book in his name and MOT all in order.

 

Today Bailliffs turned up and took the car saying there was an old debt on the car.

 

Can they just do this, I am sure they also did not produce a court order.

 

Help what should he do!!

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Hi,

 

I'll move this thread to the appropriate Forum.

 

Regards.

 

Scott.


 
 

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Today Bailiffs turned up and took the car saying there was an old debt on the car

does he know what the old debt is

 

if it had a levy on it for council tax or a parking ticket i would say after 12 months the bailiff had abandoned the levy if its log book loans or something similar i would post it in the log book loan section

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They should not have let the Balifs take it, without checking if an Court order had been issued and/or that the debt was in fact against your friend who is now the owner.

They must have given your friend a receipt so you need to contact the baliffs and or the loan/debt/loan company who are registering the claim and find out why and request they return forwith or you will take them to court. If your friend bought the car and was not told there was an outstanding debt hp/fine they cannot take it as you bought it in good faith. have they got a receipt for the car.

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My friend bought a car privately about twelve months ago. It is insured, taxed, log book in his name and MOT all in order.

 

Today Bailliffs turned up and took the car saying there was an old debt on the car.

 

Can they just do this, I am sure they also did not produce a court order.

 

Help what should he do!!

 

In order to provide a response it would be better if you provided a bit more info.

 

ie:

 

Which company?

 

How much is the debt?

 

What is the debt for?

 

Was any documentation left by the bailiff?

 

Did the debt relate to a previous owner???

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Ok

 

This morning a guy was knocking on my friends door asking for the keys to his car.

He purchased the car in good faith for 4000, provided with a receipt. My friend owed no money regarding the car.

 

He at first refused to give the keys to the guy but was told they would take the car without the keys.

 

My friend bought the car as a wreck and spent 5000 on doing up the car, new wheels, new engine etc.

 

He was fuming as you could imagine and called the police. Two PCSO's arrived and said that they did not deal with civil matters and that the guy had the required documentaion he needed to take the car.

My friend gave him the keys as he did not want the car damaged as he was adviced by the PCSO's to contact citizens advice. (he has a spare set)

 

He has owned the car for 18 months and his name has been on the log book for this time.

 

The debt apparantly from the previous owner and 15000 was owing this included 10000 interest.

 

My friend was not aware there was any debt on the car when he purchased it.

 

The only paperwork he received was a small tear off slip.

 

Any help appreciated

 

Any help advice would be much appreciated on this one.

thanks

 

Also he has had the car since january 07 which is two and a half years

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Ok

 

This morning a guy was knocking on my friends door asking for the keys to his car.

He purchased the car in good faith for 4000, provided with a receipt. My friend owed no money regarding the car.

 

He at first refused to give the keys to the guy but was told they would take the car without the keys.

 

My friend bought the car as a wreck and spent 5000 on doing up the car, new wheels, new engine etc.

 

He was fuming as you could imagine and called the police. Two PCSO's arrived and said that they did not deal with civil matters and that the guy had the required documentaion he needed to take the car.

My friend gave him the keys as he did not want the car damaged as he was adviced by the PCSO's to contact citizens advice. (he has a spare set)

 

He has owned the car for 18 months and his name has been on the log book for this time.

 

The debt apparantly from the previous owner and 15000 was owing this included 10000 interest.

 

My friend was not aware there was any debt on the car when he purchased it.

 

The only paperwork he received was a small tear off slip.

 

Any help appreciated

 

 

I would certainly be contacting the police as they should never have allowed the removal of this car without checking whether the bailiffs were legally entitled to take it.

 

From the little info that you have provided it would appear that sadly the car has been removed by representatives from a finance company as there is outstanding finance on the car. Am I right in assuming that your friend did not carry out a simple HPI check BEFORE paying for this car?

 

I recently purcahsed a car myself and went on line and paid £6 for an HPI check. Thankfully the car was free of finance but it is certainly £6 well spent.

 

I am not experienced in this field and hope that others with more knowledge can assist.

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Hi

 

The police said they had all the necessary documentation to take the vehicle.

 

Also a check unfortunately was not done on the car as it was bought from a so called friend at the time, and due to it being a wreck he did not expect it to have a loan on it. stupid but that's how we learn in life the hard way.

 

As it was a log book loan you would of thought that a new log book could not be issues to a new owner especially as he had a log book from January 07.

 

Trading standards have also said there is nothing he can do and he loses the car.

 

So it looks like nothing more can be done unless anyone else has any ideas!!

 

seems harsh seeming he has a receipt and paid for it by cheque and bought it in good faith.

 

Thanks

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He can issue civil proceedings to the person he brought it from and if it was me friend or no friend I would do this, He couoldn't be much of a mate to do this to your friend?

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Who i bought the car off is Unemployed and no money so i guess he is on a no winner. Thanks for all your sound advice as always

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Johno,

 

I am so sorry that I cannot advise you any further on what you can do. This is dreadful and a harsh lesson about ensuring that an HPI check is done...even on a "friends" car......

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I was under the impression that if the car was bought in good faith, then the finance company can not repossess the car. I found this old thread:

 

http://www.consumeractiongroup.co.uk/forum/general-consumer-issues/138426-bought-car-outstanding-finance.html

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Unfortunatly it is a log book loan which might be different. Trading standards were contacted and they informed my friend that they have a right to take the car and it was just the way it is.

 

Sad but I think from advice given from this site, the only option was a civil route.

 

Thanks

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