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    • One other point to note, the more I read, the more I study, the more proficient I feel I am becoming in this area. Make no mistake DBCL if you are reading this, when I win in court, if I have the grounds to make any claims against you, such as breach of GDPR, I shall be doing so.
    • Yep, I read that and thought about trying to find out what the consideration and grace period is at Riverside but not sure I can. I know they say "You must tell us the specific consideration/grace period at a site if our compliance team or our agents ask what it is"  but I doubt they would disclose it to the public, maybe I should have asked in my CPR 31.14 letter? Yes, I think I can get rid of 5 minutes. I am also going to include a point about BPA CoP: 13.2 The reference to a consideration period in 13.1 shall not apply where a parking event takes place. I think that is Deception .... They giveth with one hand and taketh away with the other!
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    • the Town and Country [advertisments ] Regulations 2007 are not easy to understand. Most Council planing officials don't so it's good that you found one who knows. Although he may not have been right if the rogues have not been "controlling" in the car park for that long. The time only starts when the ANPR signs go up, not how long the area has been used as a car park.   Sadly I have checked Highview out and they have been there since at least 2014 . I have looked at the BPA Code of Practice version 8 which covers 2023 and that states Re Consideration and Grace Periods 13.3 Where a parking location is one where a limited period of parking is permitted, or where drivers contract to park for a defined period and pay for that service in advance (Pay & Display), this would be considered as a parking event and a Grace Period of at least 10 minutes must be added to the end of a parking event before you issue a PCN. It then goes on to explain a bit more further down 13.5 You must tell us the specific consideration/grace period at a site if our compliance team or our agents ask what it is. 13.6 Neither a consideration period or a grace period are periods of free parking and there is no requirement for you to offer an additional allowance on top of a consideration or grace period. _________________________________________________________________________________________________________________So you have  now only overstayed 5 minutes maximum since BPA quote a minimum of 10 minutes. And it may be that the Riverside does have a longer period perhaps because of the size of the car park? So it becomes even more incumbent on you to remember where the extra 5 minutes could be.  Were you travelling as a family with children or a disabled person where getting them in and out of the car would take longer. Was there difficulty finding a space, or having to queue to get out of the car park . Or anything else that could account for another 5 minutes  without having to claim the difference between the ANPR times and the actual times.
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Help - Eviction Order looming!!!!!!!!!


steven71
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Hi

 

Just registered on this great site as I too am stuck in a similar scenario with a decree up here in Scotlan just been granted to the lender (Church House Trust).

Lender due to receive order next few days with intention to have sheriff officers serve asap. I am in a stressed panic as firstly cant find anywhere for family (wife and 2 young kids)to go, but there are other reasons.

1 There is a sale of the property that the lender is blocking which has dragged on for months which also unfortunately led to our local council losing patience with the sale and pushed ahead to bankrupt myself and my wife. This meant the sale was then out of our hands.

I am so angry especially as the buyer wanted in at the end of May, but we were made bankrupt at end of April, for the sake of a few weeks!!

I dont know where else to turn, the buyer has been ignored by lender, he still wants to buy it asap, and I dont want a repossession over me. Is it the case I can still legally apply for a Suspension order to try and get this mess sorted out, or is it just better to focus on moving before they come knocking?? the council are not too keen on helping either as it was them who made us bankrupt!

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Steven

If you've been made bankrupt all this is completely out of your hands,all your financial affairs are in the hands of your trustee in bankruptcy,the official receiver who you would have to consult before taking any action,in fact they may take action on behalf of you or without your consent.

You could apply for the bankruptcy to be set aside but would have to post the exact circumstances in why you were made bankrupt.

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Hi Steven,

 

I just saw your post on cosalt's thread.

 

Help will be along soon. I have just hit the red triangle for the site team to alert an expert for you. Ell-enn is brilliant at this kind of thing and I am sure she will help you if she is around.

 

I am sorry you are having such a bad time.

 

DDx

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Have you contacted Shelter (Scotland), Shelter Scotland - The housing and homelessness charity

they can be very good in these situations. You could apply for a hearing at court to delay the eviction to give time for the sale to go through.

Help us to keep on helping

Please consider making a donation, however small, if you have benefited from advice on the forums

 

 

This site is run solely on donations

 

My advice is based on my opinion and experience only. It is not to be taken as legal advice - if you are unsure you should seek professional help.

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Thanks for this.

 

I am a lost soul at the moment, as I tend not to rely on solicitors, they wont speak until you turn up with a pot of gold for them..!

 

I have contacted my local court where they are dealing with the decree, and one of them is looking into whether I can do something today in respect of appealing, as the lender just seems to be igoring any contact I or the buyer are attempting to make with them.

 

Will keep you posted on what happens, but any advice you are giving me is absolutely invaluable and will always help

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Thank you!!

 

Means a lot to have someone point you in the right direction, as at the moment, I am a lost soul being ripped off with fees and advice, right or wrong, from solicitors...They just dont care about anyone..

 

Fingers crossed we can prevent this from happenin and get this damn property sold

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Give Shelter a ring - they give some really good advice.

 

Also depending where you are in Scotland - this is a good link Govan Law Centre

Help us to keep on helping

Please consider making a donation, however small, if you have benefited from advice on the forums

 

 

This site is run solely on donations

 

My advice is based on my opinion and experience only. It is not to be taken as legal advice - if you are unsure you should seek professional help.

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Buyer is ready to go, so only hold up would be dreaded solicitors...so a matter of weeks.

 

There is a shortfall, but I stipulated to the lender I would be in a position next month to repay in full as policy maturing, and to this they stated were not interested, just wanted possession. I also just started a new job, and willing to make payments, again, they are not interested...

So I could walk away, and not repay the proceeds, but I wanted a clean slate escpecially in this climate at the moment.

Just praying the court comes back this afternoon to state that I can be given leave to appeal.

 

Otherwise its an instant upheaval to an area we have no control of where we are.

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I'm not familiar with how things work in Scotland Steven, but would advise you to contact

 

1. Govan Law Centre http://www.govanlc.com/scotland.htm

 

2. National Debtline Scotland http://www.nationaldebtline.co.uk/scotland/debt_advice.php#2

 

3. Shelter http://scotland.shelter.org.uk/housing_issues

Edited by caro
The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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I notice you've posted a number of duplicate posts Steven so several people have given you the same answer where they could have saved some time. I've unapproved all but one of the duplicates and moved all the responses to your own thread.

 

As you see they mostly say much the same thing, so just stick to one thread so we can all follow your progress and help if we can.

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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