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    • Will do thank you!    ive been told on phone the following :  UC Mac award 2424.15, they only deduct 831.78 and 291.42 for carers they then add my partners earnings on 1612 and the carers allowance of 67 a week,    ive asked for a full official breakdown 
    • OK.  So you lent your car to a friend in 2019 and he racked up three parking tickets that he tells you he didn't know anything about(!).  You were the registered keeper (RK) at the time at your family address, but you got chucked out and could not change your RK address with DVLA because you were homeless.  You knew nothing about the parking tickets and enforcement action until you got a bailiffs' letter passed on to you.  You made an Out of Time (OOT) application in respect of one PCN but Birmingham CC objected to it and the traffic court rejected your application.  A solicitor helped you make OOTs in respect of the other two PCNs but you don't yet know the outcome of those two applications.   Is that the situation you are in?   dx100uk thinks you can resubmit the application saying your friend was the driver.  I don't think saying that will help as the driver is irrelevant.  It's the owner who is liable to pay the charge and that is the RK (unless the RK is a car hire firm).  I assume you are not a car hire firm so you are stuck with the liability, not the driver.   Whether you actually can resubmit an OOT once one has been rejected I do not know, but why not try.  What did the solicitor put on the applications they helped you with?  Did you not ask their advice about the rejected application while you were with them?  I think you would have to say something to the effect that you never received any paperwork in relation to the PCNs because you had been chucked out of your home and because you were homeless you did not update your address at DVLA.  That is the truth isn't it?  You don't want to lie on the application.   To me that's a good reason for you not doing anything about the PCNs, but I suspect that Birmingham CC will object again and that the traffic court will reject again.  And, as I said above, I don't even know if you can submit a second OOT application in respect of a PCN if the first has been rejected.   So it looks to me like you might be a bit stuck.   Unless dx100uk, or spaceman61, or another poster with expertise in local authority PCNs comes along I'm not sure what you do.   If you get no more helpful suggestions here you could try on National Consumer Service.  If you do go there, do not register with a hotmail address.  You will also need to provide them with a timeline of everything for all the documents you actually have, and you will need all the facts and dates etc at your fingertips.  And make sure they are accurate.   http://forums.National Consumer Service.com/index.php?showforum=30   And get your friend to contribute to paying off the PCNs.  Do you believe he really knew nothing about them?
    • To enjoy the protection offered by s.75 CCA 1974 for a credit card payment, you must pay over £100 and under £30,000 for the goods or service (even if part payment for a larger total amount).
    • Hi Charlie and welcome to CAG   As an Executor, you have a duty to insure the property and tell the currect insurer of the passing of the deceased.   Most insurers will refuse normal contents cover on a house left unoccupied beyond 60 days. So, unoccupied, the home will not be insured against break-in damage, theft, flood, accidental damage, etc.   You may be able to obtain FLEE insurance covering only Fire, Lightening, Explosion and Earthquake. It may cost more than usual contents cover  because the home is unoccupied, even though the level/amount of cover is less than for an occupied home.   As said here already, an Executor would be wise (or indeed have a duty) to remove valuables from the home if you have somewhere safer to store them pending Probate, distribution, sale, etc.   I hope if you can explain the insurance risks to YB and assure him that you are not taking items just for your own benefit, he may see sense.   Please keep us updated ............
    • yours is not the next move   dx  
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Court papers from Trethowans


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Hi everybody:) Received a parking ticket at Aintree hospitals a few months ago

- partner recieved notification as he is the registered keeper.

 

Sent a letter to say that he wasn't the driver as he was in work and they sent a letter back to say if he could name the driver they would transfer liability.

 

Sent another letter to say it could have been a number of people who were driving but defo not him!!

 

Received a letter off Trethowans who said the car had a disabled badge displayed in the hopes that this would reveal the actual driver but we just ignored that letter.

 

Received court papers today:!:

POC:- UNPAID BREACH OF PARKING REG. NOTICE

DETAILS- date, ticket number and amount

Then goes on to say about claiming interest pursuant to section 69 of the County Courts Act 1984.

 

What do we do

- partner will go mad cos he already has a CCJ from HFC?

Obviously we want to defend this as it wasn't him driving so why should he get penalised??

 

Do we have to fill in the Acknowledgment of service and the defence and counterclaim form?

Please please help as I have to tell my partner when he comes home from work:jaw: and if I have some sort of answers for him it would make it more bearable!!

THANKYOU IN ANTICIPATION!!

<<<If I have helped please tickle the scales;-)<<<

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I should get over to PePiPoo and flag up this matter there. People on there have experience of previous cases from these solicitors and this hospital.

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Do we have to fill in the Acknowledgment of service and the defence and counterclaim form?

Yes fill in the acknowledgement of service, and tick the box that says you wish to defend the whole of the claim. This will give you 28 days to submit a full defence, which will obviously be that your partner can prove he was elsewhere at the material time, and couldn't therefore have entered into any contract relating to parking at Aintree.

 

He can only get a CCJ if they a) take the claim all the way to a hearing (unlikely); b) win the case (extremely unlikely); and c) he doesn't pay the judgment within 21 days.

 

There's more chance of Shergar winning next year's Grand National ridden by Lord Lucan.

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Thanks everybody- Al27 replied to pm:wink: Have joined pepipoo too and just pasted this post-never been on pepipoo before but read through some of their posts- between us all I'm sure it will be sorted!!

<<<If I have helped please tickle the scales;-)<<<

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Aintree tried Court some time ago and lost as the judge said it was a penalty, and private tickets cannot issue penaties

If memory serves papers came to light from the Aintree Hospitals NHS Trust that disclosed that the scheme was intended to penalise drivers.

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Either Trethowans are just in it for the cash and not worried about their reputation after the last Aintree cases, or Aintree are putting pressure on them to try again! Madness even if they win its costing them more then they could recover!

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  • 2 weeks later...

Ok- there havin none of it!!! Received allocation questionnaire today! They've also changed to our local court!! Seems pretty much straight forward - just stuck on what to put for G-"other information" Also where it says about witness shall I put in that his boss will sign a statement to say he was in work and driving his van so it couldn't be him driving? Pooping myself now ;-(!!!

<<<If I have helped please tickle the scales;-)<<<

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Ok- there havin none of it!!!

 

In all likelihood nobody's even read it :-)

 

I'd just repeat what you've already said under part G. Save any proof for your full defence later (if it gets that far).

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  • 2 months later...

Finally received a letter from court to say they are recommending a mediation service and the claimant wishes to attempt mediation- does he have to go for this- I don't see the point in it as they know he wasn't driving but have still pressed ahead with court proceedings- are they really going to listen now?

<<<If I have helped please tickle the scales;-)<<<

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Trethowans tried it on with a keeper last week in Liverpool and were sent packing. Tried asking the judge to order the defendant to say who was driving. Judge said he had no authority to do so. Basically if your partner says he wasn't driving and can prove it then its case over!

They also send local agents who dont seem to know too much about what is going on.

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Hi Notts_Phil- he's got the hearing date in Feb should it not be resolved by mediation- many people have helped already but I've a feeling I'm going to need a lot more!!

 

Esmerobbo and DBC- just read the post on pepipoo- feel slightly more relieved now!!

 

Just need to start getting everything together- Liverpool CC will be sick of us- 2 tickets from Trethowans!!!

<<<If I have helped please tickle the scales;-)<<<

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  • 1 month later...

Has anybody got any ideas on what to write in defence? Got some great stuff off Al27 about penalties etc but wanted something relating to them suing the RK and not the driver.

 

Who was it they lost in court with- was it daveyweir?

 

Thanks guys:wink:

<<<If I have helped please tickle the scales;-)<<<

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Davey Weir won on the penalties factor, but there has been a big one since then.

 

NHS Aintree Foundation Trust v Perera

Case no. 1UD12840

 

£1622.84 costs sought from 25 tickets.

 

Mostly double yellow line parking incidences.

 

• Judge agreed that each amount was a penalty not a pre-estimate of damages

• Agreed that the Circuit Judge's findings in Thurlow v OB were persuasive

• Nobody was obstructed, no spaces were taken and a permit was on display

• Dismissed the notion that parking management was the purpose of the private ticketing regime

 

If you can prove your OH was at work it would be game over.

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Does anybody know of any cases where they have sued the Rk instead of the driver that I could write in the defence? Have received their witness statement- ha haha is all I can say- will give more details after hearing!!:madgrin:

<<<If I have helped please tickle the scales;-)<<<

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Does anybody know of any cases where they have sued the Rk instead of the driver that I could write in the defence? Have received their witness statement- ha haha is all I can say- will give more details after hearing!!:madgrin:

 

They cant, their claim is for breach of an alleged contract which the DRIVER allegedly read on signs and allegedly agreed too by parking. The RK was not party to any contract they can not be held responsible for it.

 

Have you read the freedoms bill? The PPC brigade are asking for RK liability for parking charges, now if they are asking for RK liability then they accept that it does not exist at the moment.

 

PS: Sent you a PM

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Thanks esmerobbo- (replied to pm:wink:) They are saying it's not for breach of contract it's for parking in a forbidden bay!! They just contradict themselves over and over again!!

<<<If I have helped please tickle the scales;-)<<<

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So they're going down the trespass road? The same applies. If the RK wasn't driving and wasn't there then they didn't trespass!! Its even more clear cut than the contract one!

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