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    • As per the heading, received a parking charge for failure to display a blue badge in a disabled bay on a retail park.  I am a blue badge holder, disabled/wheelchair user with a Motability vehicle. I received the charge as 'notice to keeper' I was not the driver. I don't have a valid driving license so use a carer. The notice arrived a week after the alleged incident. It states that as the 'driver' failed to pay the charge in full  hence, it is now the keepers responsibility ( the notice was dated 2 days after the alleged infringement and as no notice to driver was on the vehicle, I don't know how they expect the driver to be able to either pay or dispute the charge if they are not aware of it) Anyway, really looking for help how to reply. I cannot remember if the badge was correctly displayed or not. Photos taken of car miss a bit where I store my badge if not displayed so it would be possible to see a badge even if not 'correctly displayed" . It was a bit of a sh**ty day weather wise, gusty and raining  (as seen on the photos which reminded me of the actual day) so it is possible that badge blew to the floor as the driver was helping me out of the car into wheelchair. There is no windscreen photo showing that a PCN to "Driver" was stuck on the window either. The car park is free. There are no Parking Signs at all near the disabled bays that one could read to adhere to any terms and conditions. The whole row of disabled bays - of which are there many only state badge holders ( does not stipulate Blue Badge Holders) The notice states that the parking company is a member of the BPA and Operating in accordance with the British Parking Association's Code of Practice. The BPA, section 19.1 State that at least one parking sign should be near the disabled bays, in a position that can be easily  read by by a disabled person without leaving their car in order to decide to be bound by such terms. We returned to look for signage on the retail park and could not find one sign that was near the bays. The only sign we could find was high up on a pole but not near the bays. Someone had to get out of the car and stand on tip toes to be able to take a photo of a sign. I would be grateful if someone could help or point me in the right direction. It is now  15 days since the alleged incident and 7 days since I received the notice.
    • also just to clarify is it required that I physically post to both the county court and Evri? I read in another thread you can just email Evri a copy since they will just rescan whatever you post anyway (if they even read it)
    • I'm going to add some context here, it may or may not be different to mine, but it provides a hint around what you can expect from Overdales. My thread to read  TLDR  Lowell / Overdales lied about sending letters (I keep all mine), Admitted the default notice was faulty and made up their own, saying that's all fine, (Fake letters sent to 'prove ' it), Sent documentation that is illegible, not on letterheaded paper.  They will lie, try and make things up, try and send you offers to settle, play good cop, bad cop, all in the name of intimidating you into paying up, don't fall for it!  
    • Hi Dx,   I really have tried to fill the this in and paste the answers as I appreciate the advice    but it’s confusing as asks for e1 box and e2 box to answer I don’t have that    what I received from the court is    Form 02 Form 03 Form 05 Form 07 for if I wish to defend  also initial writ  Thanks 
    • The Tories seem to be confused at the moment, UB. Leaving aside the point about their record for now, Atkins completely ignored protocol by interrupting the Labour minister while he was speaking. I'm sure if a Labour MP had done that to a Tory minister there would have been uproar. I hadn't realised that Christopher Chope is a deputy Speaker now - I had go and and look that up.
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    • If you are buying a used car – you need to read this survival guide.
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    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

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    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
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    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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CCJ - the debt amount was wrong. It was also sent to wrong add.


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Hi,

 

I forgot to close an old water account. I've just moved and set up a new one, remembered my old one and tried to close it. Sent them proof of the date I moved out and the sent me out a final bill.

 

But a CCJ was filed against me at my old address. I moved out July 2010. CCJ was filed April 2011. I've only just found out about the CCJ.

 

On the back of my bill it says:

 

amount bought forward from your last bill £603

court judgement cost - £22

court judgment interest - £10.29

court summons fee - £15

Court summons cost - £50

Court Summons Interest - £6.45

Cancelled Charge 26 feb 11 water supply - £141.79

Cancelled charge 21 june 10 water supply - £136.51

Cancelled charge 26 feb 11 used water & drainage - £131.09

Cancelled charge 21 june 10 used water & drainage - £122.92

 

Amount bought forward to this bill -£32.29

 

water supply for bill period 3 apr 10 - 5 jul 20 = £35.07

used water drainage = £31.57

 

total charges due £66.64

 

My CCJ is for £363. I don't get where this figure came from.

But costs, fee and interest adds up to £103.74.

So that means they were chasing a debt of £259.26, when clearly I only owed them £66.64 (my final bill, received 7 Nov)

 

I have now paid the water board my £66.64

 

I'm not sure what I do now.

 

Obviously the water board have decided they were wrong, the debt was wrong, so surely if I apply to get the CCJ set aside, I will win!!?

 

When will the court agree to set aside a judgment?

 

The county court rules set out when you can apply to set aside a judgment. For example:

 

  • an order was made against you in your absence, in certain circumstances;
  • there may be an error in the judgment;
  • you want to put in a defence and did not have the opportunity to do this;
  • the proceedings did not follow the court rules.

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I should think that if the CCJ was awarded without your knowledge and the opportunity to defend, that would also be a reason to have it set aside.

 

Obviously if you have no debt with the water company then you dont want your credit files showing that you have a CCJ.

 

I am not sure of the process, so will send out an S.O.S to someone who does :)

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Hi Shell CB as asked I pop in you.

 

Ok how did you find out about the CCJ? Have you requested copies of the paperwork and judgment from the relevant Court? Have they tried to execute the CCJ in any way yet?

 

Making application to set a side will cost you £80 so I would advise you contact United Utilities first( if the debt as been paid) and request through them that they issue you with a certificate of satisfaction.If they refuse because of their fees and court costs then you have no alternative but to make application to set a side but you will need the paperwork from the Court of issue.

 

Regards

 

Andy

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Hi, Well I phoned up the waterboard on 5th October. They said I had an unpaid bill. I said I moved out 5th July last year (had forgotten to close my account), they said I had some court costs on my account and I needed to send proof that I'd moved out then and to do that and wait for the new bill to be sent out.

 

I did that and I got this bill last week. On it it had mentions of the cancelled court stuff It was when I did a credit check on Monday evening that I actually saw there was a CCJ on my file. I phoned up the court yesterday and asked for details, they emailed me them.

 

Just saying What do you mean by have 'they tried to execute the CCJ in any way yet'? It is showing as active on my credit file The CCJ is for Severn Trent Water. I rang them last night and they said there's no outstanding debt, that there's nothing on their file about a CCJ.

 

I've been told to ring back today and speak to their legal team, so they should be able to send a letter saying that I have no debt BUT I don't just want it settled, I want it removed... and from what I understand, the only way it can be removed is if I apply to get it set aside. Even if the company admit that the debt was wrong and that I have no outstanding debt and that there shouldn't be a CCJ? So it is the court that I need to ring to get them to forward me all the paperwork to my actual address (rather than the old one)? Thank you

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I would get in touch with the court and ask them to forward any paperwork they have in respect of the CCJ. Do you know the claim number.

 

You can also check with Trust online to see if there is a CCJ registered in your name. I think it will cost you £4.00

 

http://www.trustonline.org.uk/

 

HTH

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2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

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1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

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Advice & opinions given by citizenb 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.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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Speak to their legal team first before going to expense of set a side.If it is an error they may well be able to deal with it for you and save you £80

if not then you have no other option to make application to set a side, worth a phone call!!!

 

Andy

We could do with some help from you.

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Speak to their legal team first before going to expense of set a side.If it is an error they may well be able to deal with it for you and save you £80

if not then you have no other option to make application to set a side, worth a phone call!!!

 

Andy

 

:thumb:

Have we helped you ...?         Please Donate button to the Consumer Action Group

Uploading documents to CAG ** Instructions **

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb 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.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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Hi all, I have checked my credit file and it is on there, so no point paying to check else where really I spoke to the court and they say the cannot forward any paperwork but gave me details. I spoke to STW legal team and they said a letter of satisfaction is being sent out. They have spoken to the Enforcements team and they will look at my case and contact me in 5 days with a decision about whether they will set it aside so all I can do is wait i guess I guess when I get my letter of satisfaction there's no point applying for certificate of satisfaction yet, may as well wait for the outcome about whether they will set it aside? Although I thought that a company couldn't get a CCJ set aside themselves after 1 month? Thanks

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