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    • I put Excel to strict proof that any contract can exist  *Their WS states it falls foul of the unfair terms in consumer contracts regulations 1999(UTCCR 1999). Claims the regulations don't apply     This is the link to Mr Booth case who won on the signage  Also the PCN is completely blurred and illegible in their WS evidence  Is this another point?    I have his his email regarding planning consent, Mr Booth had an email from the town planning officer stating that in his opinion the signage would require planning consent     http://parking-prankster.blogspot.com/2017/01/excel-parking-v-booth.html?m=1   He had a number of lines of defence, but focussed on the poor signage in the car park. Excel Parking used BW Legal who hired a local solicitor to turn up. She wasn't that well prepared and had not bothered to bring printed copies of the case. When the Judge asked her to refer to defence photographs provided of poor signage she used her phone. Mr Booth admitted that he never bought a ticket - but this was because he never saw the signage signage in the first place and so no contract was entered into. Excel provided pictures of the signage, date stamped for August 2015, but the event was in March 2015. They also provided at the last minute a witness statement from the landowner stating he gave authority, date stamped September 2015. The PCN they sent in their Witness statement was a photocopy and completely blurred and illegible. Mr Booth's arguments were that; 1. Poor signage - there were "staff only" parking signs on the building wall next to where he parked - he questioned the claimant's right to sue someone parked against these bays 2. He questioned their authority to act on behalf of the landlord 3. He questioned whether the signage had planning consent. The Judge followed this through with Excel's representative: "Did they have a contract which said these bays were exempt or not exempt from Excel issuing tickets on the vehicles parked? As Excel had not bothered to supply a copy of the actual contract, the solicitor could not confirm either way. Regarding. planning consent, Mr Booth had an email from the town planning officer stating that in his opinion the signage would require planning consent, and that there was no planning application on file. The judge said if Mr Booth had only brought this point up he may have found differently. The judge clearly had doubts about the signs where any reasonable person would think the same and that the "staff only" signs would not lead them to think there was a requirement to buy a ticket. He took a recess for 10 mins then made his judgment. Claim refused - the parking signs cause confusion , and there was prof there was a contract which allowed the charges claimed. He went on to state that he was staggered that serial claims companies like Excel do not take a photo of the signs at the time of erection. Why do they wait until litigation to take photos. There was no evidence that the signs were there at all on the date.
    • Thanks so much!    1. on planning permission my WS says: The signs did not have planning permission under the Town and County planning.  I have an email stating there was no planning permission from the council. The signs do not fall under deemed consent.  * Their WS says they do not need planning permission by being an approved operator of the trade association, and it is not for the  county court to determine planning permission.   2. Excel are trying to say I’m dishonest.  Their WS states my defence appears to be cut and pasted from websites relating to parking whose aim is to assist motorists on contesting PCN's. Large portions are non sensical and irrelevant to the claim   This is Unacceptable as the defendant has signed a statement of truth whilst clearly not being the defendants knowledge    Q Any comments?      Their WS states that I alleged I received no correspondence, and the onus is on the driver to update DVLA. I did update DVLA, but I moved numerous times due to domestic abuse. This was in my set aside and part of why it was granted. Evidence was provided at that time. Q Is this going to come up again?    *Also they question how I would be able to comment on the signs if I’m not the driver of the vehicle, as she would not have first hand knowledge, therefore it is the claimants position that she is being disingenuous.    I state that photos will be provided in my bundle. I actually haven’t submitted any but I do also know somebody who had PCN from the same carpark,   He gave me all his evidence etc, Mr Booth and he won his case. I linked to the parking pranksters article on it.  Q So is it ok to use such websites and to use photos from someone else?    Thanks 
    • Not anymore now that the right have manipulated voters into voting for a conservative dictatorship.   All of what you've said is just another worrying aspect of what the future holds 
    • Just like all the rubbish spouted over the past 4 years, would, would, would.  What you really mean is COULD.    
    • You're ignoring the most difficult issue in a trade agreement. It's not the tariffs or the lack of them  which is the tough part to reslove but the regulatory standards of the goods to be imported & exported that needs to be decided.   For example the EU banned the import of chlorine washed chicken since 1997 which of course hurts the US, and who are going to be very keen to include it in any new agreement with the UK and will use it to barter prospective concessions in exchange . As a nation we're going to first have to decided whether that is acceptable or not and that alone will be difficult enough to resolve. And that's just one product.   This has all the makings of a category 5 $h1t storm that will last an eternity. 
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janis6670

sequesrtation council tax arrears

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I have received a recorded delivery letter telling me that my council has applied for sequestration over my arrears. They are looking for an agreement to be in place and can only accept payment by bankers draft due to money laundering rules. I have only started trying to get my finances in order and this has hit me like a ton of bricks. What can I do ? can anyone help please.

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who have you received the letter from?

 

have you receive a charge for payment?


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the letter is from mlm insolvency. a livingston address and also a registered office in glasgow. i did receive a charge for payment delivered by sheriff officers in october

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and i take it you didn't do anything about the charge for payment?

 

can you make and offer of payment?


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no I didn`t. Head in the sand time!! I can make an offer but it won`t be substantial.

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I i think they would rather you pay something than get nothing.

 

I would send theman offer of payment and to help, make up your own income and expenditure sheet to go along with it

 

ida x


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YThanks. I`ll try.Should I CC the Sheriff Officers?

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yes


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Ive been in ct arrears for a long time, ignored mostly, usual letters from their enforcers.

Thankfully ive never recieved seq notices at all or a charge or sheriff officers.

 

I contacted the council personally and set up a very generous repayment schedule. Well not generous but it got them off my back. I have a payment card i pay into weekly.

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I have just arranged to pay off council tax arrears with sheriff officers at £60 per month. They also said something about my ex having to set up a separate payment arrangement. He does not live here any more and although I know we were jointly responsible for the arrears, i dont want him involved any more as my life will not be worth living if he discovers any thing about the arrears. Everything else financial was completely separate for a number of years. Can I take complete responsibilty and cut him out of my life?

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As the debt is joint and several, I would suggest that he cannot be completely cut out the picture, nevertheless it is not up to you to provide information to Sheriff officers . If they want to pursue your ex, it is up to them to do the chasing without any involvement from you.

 

This tactic sounds like Walker Love on the telephone, would I be correct.

Edited by Crocdoc

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No it is Alex M adamson. The point is that for my safety I do not want any approach to be made to him.

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You cannot stop them approaching him I'm afraid. The only gauranteed way to do that would to pay the arrears in full so there would be no contact needed.


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I have been in reciept of a discount of my CT this year. 25% single person as my daughter is on JSA. I got a letter from the "verification team" of my local council advising that they intend to visit my property next week to confirm that I am eligible. They expect me to produce evidence of income and other ID. Whats all this about? I provided all this when I applied and was granted the discount.Are they allowed to visit at a time that doesnt suit. All they have given me is a date. No time or even time slot. I work full time

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Hiya,

 

I have had one of these 'visits' - it is just a verification process where they will take copies of your paperwork - if the day does not suit call them up and they can arrange another day with a timeslot for you

 

Ida x


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