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    • Speaking of the reformatory boys, here they are with all of their supporters, some of whom traveled with them from miles away, all carefully crammed together and photographed to look like there were more than about 80 .. rather like Farages last rally with even fewer people crammed around what looked like an ice cream van or mobile tea bar ... Although a number in the crowd apparently thought they were at a vintage car rally as they appeared to be chanting 'crank-her'. A vintage Bentley must be out of view.   Is this all there is? Its less than the Tory candidate. - shut up and smile while they get a camera angle that looks better
    • in order for us to help you we require the following information:- Which Court have you received the claim from ? Canterbury If possible please scan redact and upload a full page copy of page 1 of the claim form. ( Name of the Claimant ? Moneybarn No 1   How many defendant's  joint or self ? One Date of issue – top right hand corner of the claim form – this in order to establish the time line you need to adhere to. 29/05/24 Acknowledged by 14/06/24  Defence by 29/06/24  Particulars of Claim PARTICULARS OF CLAIM   1.  By a Conditional Sale Agreement in writing made on 25th August 2022. Between the Claimant and Defendant, the Claimant let to the Defendant on Conditional Sale. A Ford Ranger 3.2 TDCi (200 P S) 4x4 Wildtrack  Double Cab Pickup 3200cc (Sep.2015) Registration No, ******* Chassis number ***************** (“The Vehicle”).  A copy of the agreement is attached   2.  The price of the goods was £15,995.00.  The Initial Rental was £8500.00.  The total charge for credit was £3575.;17 And the balance of £11,070.17 was payable by 59 equal consecutive monthly instalments of £187 63. payable on the 25th of each month.   3.  The following were expressed conditions of the set agreement,   Clause 8: Our Right to End this Agreement  8.1   Subject to sending you the notice as required by law, any of the following events will entitle us to end this Agreement: 8.1.2  You fail to pay the advance payment (if any) or any of the payments as specified on the front page of this agreement or any other sum payable under this Agreement. 8.1.3 If any of the information you have given us before entering into this Agreement or during the term of this Agreement was false 8.1.4 We consider, acting reasonably, that the goods may be in jeopardy or that our rights in the goods may otherwise be prejudiced. 8.1.5 If you die 8.1.6 If a bankruptcy petition is presented against you; if you petition for your own bankruptcy, or make a live arrangement with your creditors or call a meeting of them. 8. 1.7 If in Scotland, you become insolvent or sequestration or a receiver, judicial factor or trustee to be appointed over any of your estate, or effects or suffer an arrestment, charge attachment or other diligence to be issued or levied on any of your estate or effects or suffer any exercise, or threatened exercise of landlords hype hypothec 8.1.8 If you are a partnership, you are dissolved 8.1.9 If the goods are destroyed, lost, stolen and/or treated by the insurer as a total loss in response to an insurance claim. 8.1.10 If we reasonably believe any payment made to us in respect of this Agreement is a proceed of crime. 8.1.11 If steps are taken by us to terminate any other agreement which you have entered into with us.   Clause 9.  Effect of Us Terminating Agreement   9.1 If this Agreement terminates under clause 8 the following will apply 9.1.1 Subject to the rights given to you by law, you will no longer be entitled to possession of the goods and must return them to us to an address as we may reasonably specify, (removing or commencing the removal of any cherished plates) together with a V5 registration certificate, both sets of keys and a service record book. If you are unable or unwilling to return the goods to us then we shall collect the goods and we'll charge you in accordance with clause 10.3 9.1.2 We will be entitled to immediate payment from you for all payments and all other sums do under this agreement at the date of termination 9.1.3 We will sell the goods or public sale at the earliest opportunity once the goods are in a reasonable condition which includes a return of the items listed in clause 7.1.4 9.1.4 We will be entitled to immediate payment from you of the rest of the Total Amount Payable under this agreement less: ( a) A rebate for early settlement ias required by law which will be calculated and notified to you at the time of payment (b) The proceeds of sale of the goods (if any) after deduction of all costs associated with finding you and/or the goods, recovery, refurbishment and repair. Insurance, storage, sale, agents fees, cherished plate removal, replacement keys, costs associated with obtaining service history for the goods and in relation to obtaining a duplicate V5 registration certificate   4, The following are particulars required by Civil Procedure Rules. Rule 7.9 as set out in 7.1 and 7.2 of the associated Practice Direction entitled Hire Purchase Claims:-   a)     The agreement is dated 25 August 2022. And is between Moneybarn No1 Limited  and xxxxxxxxx under agreement number 756050. b)    The claimant was one of the original parties to the agreement. c)    The agreement is regulated under the Consumer Credit Act 1974. d)    The goods claimed Ford Ranger 3.2 TDCi ( 200 PS) 4x4 Wildtrack Double Cab Pickup 3200 cc (Sep2015} Registration No ^^^^^^^ Chassis number ***************** e)     Thw total price of the goods £19570 f)     The paid up sum £1206 5 g)    The unpaid balance of the total price £7505 (to include charges) h)    A default notice was sent to the defendant on 20th February 2024 by Firrst class post i)      The date when the right to demand delivery of the goods accrued 14 March 2024 j)      The amount if any claimed as an alternative to delivery of the goods 7505 22 include charges ]= 5.  A the date of service of the notice the instalments were £562.89 in arrears. 6. By reason of the Termination of the Agreement by the notice, defendant became liable to pay the sum of £7502 7. The date of maturity the agreement is 24th August 2027. 8. Further or  alternative by reasons of  the Defendant breaches of the agreement by failing to pay the said instalments, the Defendant evinced an intention no longer to be bound by the Agreement and repudiated it by the said Notice the claimant accepted that repudiation 9. By reason of such repudiation the claimant has suffered loss and damage.   Total amount payable £19570 Less sum paid or in arrears by the date of repudiation £12064 97 Balance £7505 (to include charges.) ( The claimant will give credit if necessary for the value of the vehicle if recovered.)  The claimant therefore claims 1.    An order for delivery up of the vehicle 2.    The MoneyClaim to be adjourned generally with liberty to restore,  Upon restoration of the MoneyClaim following return or loss of the vehicle. the Claimant will ensure the pre action protocol for debt claims is followed. 3.    Pursuant to s 90 (1)  of the Consumer Credit Act 1974. An order that the Claimant and/or its agents may enter any premises in which the vehicle is situated in order to recover the vehicle should it not be returned by the Defendant 4.    further or alternatively damages 5.    costs.   Statement of truth The Claimant believes that the facts stated in these Particulars of Claim are true. The Claimant understands that the proceedings for contempt of court may be brought against anyone who makes or causes to be made a false statement in the document for verified by statement of truth without an honest belief in its truth. I am duly Authorised by the Claimant to sign these Particulars of Claim signed Dated 17th of April 2024   What is the total value of the claim? 7502   Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ? No   Never heard of this   Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? No   Did you inform the claimant of your change of address? n/a Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? No   When did you enter into the original agreement before or after April 2007 ? After  Do you recall how you entered into the agreement...On line /In branch/By post ? In a garage  Is the debt showing on your credit reference files (Experian/Equifax /Etc...) ? Yes  Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim. Original Were you aware the account had been assigned – did you receive a Notice of Assignment? n/a   Did you receive a Default Notice from the original creditor? They said sent but nor received   Have you been receiving statutory notices headed “Notice of Sums in Arrears”  or " Notice of Arrears "– at least once a year ? None seen   Why did you cease payments? Still Paying,   What was the date of your last payment? Yesterday  31st May 2024   Was there a dispute with the original creditor that remains unresolved? No   Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? Yes on 12 Feb 2024   What you need to do now.   Can't scan, will do via another means as you cant have jpg
    • Now that is an interesting article which adds afew perspective that I hadn't thought significant - but on reflection of the perspectives offered ... Now Starmer is no Blair, however 'blairite he may be perceived, but the Tories aren't tories and aren't even remotely liberal   The fast 'unannounced and unexpected election call from sunack may well be explained by the opinion linked that he hoped reform would be unprepared and effectively call a chunk of Farages largely empty bluster - making him look even more of a prat, leave scope for attacks on shabby reform candidates and mimimise core vote losses to reform - while throwing the 'middle ground' (relative) tories TO THE DOGS - and with the added bonus of likely pacifying his missu' desire to jogg off to sunny cal tout suite somewhat   thumb in the air - I expect about 140ish tory seats, but can hope for under a hundred Reform - got to admit the outside possibility of 1, maybe 2 seats with about 8% of the vote - but unlikely. I think projections of over 10% of the vote for reform is nudged and paid for speculation - but possible with the expected massive drives from Russian, Chinese and far right social media bot and troll prods targeting the gullible.
    • Commentary June 2024 WWW.ELECTORALCALCULUS.CO.UK Interesting article about just how bad it could be for the Tories.  Also Tories could be hoping on Reform not having candidates in many seats, as they were not ready.  
    • Even a Piers Morgan is an improvement and a gutless Farage Piers Morgan calls for second Brexit referendum WWW.THELONDONECONOMIC.COM Piers Morgan and Nigel Farage have faced off over Brexit and a second referendum in a heated reunion on BBC Question Time.   “Why don’t we have another referendum about Brexit?” he questioned. “I seem to remember when 2016 came around we were told there was going to be control of our borders and it was going to be economically beneficial to this country. And eight years later we have lost complete control of our borders… and economically it seems to have been a wilful act of self-harm.”   ... Piers missed off : after all somebody said a 48/52 decision would be "unfinished business" by a long way - was that person just bul lying (again)  
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FPN for getting stuck in a (council?) field


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Hi, I am new to forums so let me know if I brake any rules, I apologise in advance if I do.

 

Ok the other day I received a FPN from the police & I believe it is unfair & probably not actually plausible.

Basically I drove down a tight road but wante to turn back around & I found myself near an opening leading onto a field, now I nomally would have reversed but as it was tight I did not feel confident so I just drove forward onto the grass/land to turn around but as I did on my way back I got stuck in a boggy part.

Anyway as I was making the necessary calls to get help the police happened to drive past & spot me so decided to pull over to have a chat & eventually give me an FPN & still left me stranded there with my 1yr old son in the back

 

Now there are no signs to say do not enter the field & no gates or anything to block the way.

 

So I am wondering if anyone has any advice on how to argue this if I choose to let a magistrate decide the outcome.

It is only a £30 fine but it is the principal, there were 3 police there & 2 of them were fine until one stepped forward & decided he did not like me/had a bad day/was bullied in school or all of the above. I could tell from his collegues even they thought he was being a bit of a jobsworth.

 

Any advice help appreciated :)

 

Dave

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What was the FPN actually issued for?

********************************************

Nothing in this post constitutes "advice" which I may not, in any event, be qualified to provide.

The only interpretation permitted on this post (or any others I may have made) is that this is what I would personally consider doing in the circumstances discussed. Each and every reader of this post or any other I may have made must take responsibility for forming their own view and making their own decision.

I receive an unwieldy number of private messages. I am happy to respond to messages posted on open forum but am unable to respond to private messages, seeking advice, when the substance of that message should properly be on the open forum.

Many thanks for your assistance and understanding on this.

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What was the FPN actually issued for?

Ahh sorry, basically all the officer has written is: 'used vehicle on land/elsewhere other than road'

Which is also what my drivway is isnt it? ;)

He did say I caused damage to the field which was nothing really, just a couple of black marks where my tires sunk but there were alot worse marks around the field made by other vehicles which he did not seam to care about as I said he was akward. However it does not say anything about this on my FPN but I did not know the process of what happens if I went to magistrates, will he try to add information other that what is on the ticket or is what he has written final?

Apologies for putting in the wron thread at first :S

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if this was not behind a fence then its part of the highway just like pavement parking

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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I don't know if it has been repealed or amended but S36 of the RTA 1972 says:

 

36.—(1) Subject to the provisions of this section, if without Prohibition

lawful authority a person drives a motor vehicle on to or upon

of driving

any common land, moorland or other land of whatsoever descrip-

'des

tion, not being land forming part of a road, or on any road

than on roads.

being a footpath or bridleway, he shall be guilty of an offence.

(2) It shall not be an offence under this section to drive a

motor vehicle on any land within fifteen yards of a road, being

a road on which a motor vehicle may lawfully be driven, for

the purpose only of parking the vehicle on that land.

(3) A person shall not be convicted of an offence under this

section with respect to a vehicle if he proves to the satisfaction

of the court that it was driven in contravention of this section

for the purpose of saving life or extinguishing fire or meeting

any other like emergency.

(4) It is hereby declared that nothing in this section prejudices

the operation of section 193 of the Law of Property Act 1925

(which relates to the rights of the public over commons and

waste lands), or of any byelaws applying to any land or affects

the law of trespass to land or any right or remedy to which a

person may by law be entitled in respect of any such trespass

or in particular confers a right to park a vehicle on any land.

 

So, if you said you were turning around you may find yourself stuffed and the parking exemption does not apply.

However, you could clarify in that what you intended to say was (provided it is true!) along the lines of "I pulled off the road to park so I could consult my map. I established I needed to turn around and in so doing became bogged down".

 

If you contest, I cannot see that there will be evidence to convict or that there will be a will to prosecute.

********************************************

Nothing in this post constitutes "advice" which I may not, in any event, be qualified to provide.

The only interpretation permitted on this post (or any others I may have made) is that this is what I would personally consider doing in the circumstances discussed. Each and every reader of this post or any other I may have made must take responsibility for forming their own view and making their own decision.

I receive an unwieldy number of private messages. I am happy to respond to messages posted on open forum but am unable to respond to private messages, seeking advice, when the substance of that message should properly be on the open forum.

Many thanks for your assistance and understanding on this.

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This is an odd one! Can you give us the location so we can take a look on street view. Sounds like a civil matter to me.

Basically I drove down the roand & ended up in a similer position to the red van & my intention was to reverse back & to the left but I had made it awkward as there was car parked to the right of me & I was too close, I aslo did not want to scuff my wheels where I needed to reverse as the street narrows & the kerb is really high etc. I should have reversed I know now I have learned a valuable lesson! It was just a lazy moment where I just thought I was taking the easy way out but the outcome could have only happened to me :) so anyway I drove on to turn around, there were nobody on the field, I did not drive fast (probabley should have eh) & did not beleive I was doing any harm but on my way back off I got stuck in a really small boggy patch which was not visible.

 

I cannot post links yet as I am new but if you google brookside crescent, walkden then you should find it. basically I went north up whittle st. do the 1st right onto the crescent & see the opening infront of the red van!

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I don't know if it has been repealed or amended but S36 of the RTA 1972 says:

 

 

 

So, if you said you were turning around you may find yourself stuffed and the parking exemption does not apply.

However, you could clarify in that what you intended to say was (provided it is true!) along the lines of "I pulled off the road to park so I could consult my map. I established I needed to turn around and in so doing became bogged down".

 

If you contest, I cannot see that there will be evidence to convict or that there will be a will to prosecute.

So who thinks I should go for it :) I dont want to take too much of a risk though, I did stop to consult my map actually, did not think that was worth mentioning :)

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This appears to be a short crescent with access at each end so why would you want to turn around at that point? That area appears to be common land so pay the FPN is my advice. It's clear to me that the police didn't think that you were just 'trying to turn around'.

 

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i would say if you did not actually go into the field past the opening

then turn

then comeback out through the gate already facing the correct way

but got stuck doing a three point turn into the gateway

then its part of the highway and the FPN is correct.

 

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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This appears to be a short crescent with access at each end so why would you want to turn around at that point? That area appears to be common land so pay the FPN is my advice. It's clear to me that the police didn't think that you were just 'trying to turn around'.

Fair enough but it is not as open as it looks. where it bends to the left it is very narrow & I was not even sure how long it was or where it would lead me to so initially I decided to everse & turn around, not a proble, until I got a bright idea

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Fair enough but it is not as open as it looks. where it bends to the left it is very narrow & I was not even sure how long it was or where it would lead me to so initially I decided to everse & turn around, not a proble, until I got a bright idea

 

Not that I feel you should have got this ticket but rest assured the fuzz will win the day as the Magistrates Court (Formally Police Courts) tend to side with the Police unless you have a rock solid defense. If you ignore it they may just forget it what with all the cuts but then again its easy money with three of them to contend with.

 

If it were me I'd pay the thirty quid and let it die.

PUTTING IT IN WRITING & KEEPING COPIES IS A MUST FOR SUCCESS

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Ok thats all I wanted to know. I really would have enjoyed having the power to get it thrown out just because the officer annoyed me the way he did it. (Edit)

I think my rant is over, thanks all for the help anyway

Edited by maroondevo52
Removed inappropriate language.
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