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    • Hi,   I am currently not in a position to pay council tax as I am off work due to illness. I am in receipt of Universal Credit and receive the health component too.   I have informed my local council of my situation but they are saying there's nothing they can do to stop a Liability Order being issued. I have received a date when I am to appear in the Magistrates Court although I can not attend unless I arrange a pre-booked appointment due to lockdown.   I would like to prevent or at least delay a Liability Order being issued. I understand there are only two reasons that would prevent a Liability Order not being issued, (i) if the Council has not followed correct procedure and (ii) i have paid off the total balance.   Despite my situation it looks as though I do not have a defence of any kind.  It appears therefore that even if I turn up to my hearing that I will not be successful anyway in preventing the Liability Order being issued, so is there any point to attending? And is there anything I can do to at least delay the process?   Thanks.   Walshy
    • Not much to say as Manxman has near enough covered all the angles.   Just a couple of points of clarification:   The requirement to serve the first NIP within 14 days is actually contained in the Road Traffic Offenders' Act, not the Road Traffic Act. In fact the first NIP is the only one required by law. Subsequent NIPs are usually provided along with the S172 Request for Driver's Details notice because they are both produced by the same system and are usually printed on the same piece of paper.   If you do decide to challenge the speeding allegation on the basis that the first NIP was served beyond 14 days the burden to prove that it was rests with you, not the recipient of that NIP. They have no basis (or need) to challenge it as the person prosecuted for speeding will be you, not them. As mentioned, once the police produce evidence to show that it was sent in time to be served within 14 days you will have to show to the court's satisfaction that it was not served.    You need to be very sure of your ground before embarking on this course of action. You need to find out who the RK is and when they received their NIP. There have been one or two notable successes with this strategy. Here's one:   https://www.bbc.co.uk/news/uk-england-london-45668735   The RK of the car Mr Beckham was driving - Bentley Motors - had a good system of recording when post was received and the court was satisfied the NIP was received late.   You don't say what the speed alleged and the limit is but if it was within the course or Fixed Penalty limits it will cost you around £100. If you are convicted following a trial it will cost you an income related fine, a "victim surcharge" of 10% of the fine (minimum £34) and prosecution costs which have a starting point of £620.   EDIT: In response to your latest post, when you got your NIP is irrelevant. It's when the Registered Keeper got theirs which counts. If they received it after Boxing Day you have the makings of a defence.    
    • Hi all,   I was taken through consultation back in 2019 as my company restructured out dept.  Basically we went from 4 team leaders down to 3 so had to re-apply for our jobs. One thing that did not change was our contracts, they stayed the same but we did have a verbal agreement with our manager that a monthly contractual payment of £250 for working weekends would stop immediately.  At the time I was not fussed but I am now again going to be going through consultation and possibly TUPE transfer.  My questions is: Would I be eligible for this payment to be reinstated if I was TUPE transferred and could I request this to be back dated as it was a contractual payment that I did not officially agree to loosing?    Thank you in advance!  
    • Just looking at the date of the offence 12 December.  Possible was delayed in the post at that time as it was taking me up to 2 weeks to get a first class letter, then the New Year Shut down so to get it early January while the Xmas backlog was cleared seems about right to be honest.  Not that I am telling the police that. 
    • Please take note: I got 2 tickets for 32  miles in a 30 zone on different days.  The police said its their policy to ticket anything over 30!!   I had to pay £100 for one and do the course as well.  Even as a disabled driver there was no give on the tickets. Please stop saying that it has to be 35+ it really does not. West Midlands police in Nuneaton so definitely dont go 1 mile over in that area.  
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    • I sent in the bailiffs to the BBC. They collected £350. It made me smile.
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    • Hi @BankFodder
      Sorry for only updating you now, but after your guidance with submitting the claim it was pretty straight forward and I didn't want to unnecessarily waste your time. Especially with this guide you wrote here, so many thanks for that
      So I issued the claim on day 15 and they requested more time to respond.
      They took until the last day to respond and denied the claim, unsurprisingly saying my contract was with Packlink and not with them.
       
      I opted for mediation, and it played out very similarly to other people's experiences.
       
      In the first call I outlined my case, and I referred to the Contracts (Rights of Third Parties) Act 1999 as the reason to why I do in fact have a contract with them. 
       
      In the second call the mediator came back with an offer of the full amount of the phone and postage £146.93, but not the court costs. I said I was not willing to accept this and the mediator came across as a bit irritated that I would not accept this and said I should be flexible. I insisted that the law was on my side and I was willing to take them to court. The mediator went back to Hermes with what I said.
       
      In the third call the mediator said that they would offer the full amount. However, he said that Hermes still thought that I should have taken the case against Packlink instead, and that they would try to recover the court costs themselves from Packlink.
       
      To be fair to them, if Packlink wasn't based in Spain I would've made the claim against them instead. But since they are overseas and the law lets me take action against Hermes directly, it's the best way of trying to recover the money.
       
      So this is a great win. Thank you so much for your help and all of the resources available on this site. It has helped me so much especially as someone who does not know anything about making money claims.
       
      Many thanks, stay safe and have a good Christmas!
       
       
        • Thanks
    • Hermes and mediation hints. https://www.consumeractiongroup.co.uk/topic/428981-hermes-and-mediation-hints/&do=findComment&comment=5080003
      • 1 reply
    • Natwest Bank Transfer Fraud Call HMRC Please help. https://www.consumeractiongroup.co.uk/topic/428951-natwest-bank-transfer-fraud-call-hmrc-please-help/&do=findComment&comment=5079786
      • 33 replies

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