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    • Hi All, Firstly, many thanks to all that have contributed with advice on this thread - much appreciated. Daughter phoned the court and they said they cannot waive the £275 fee. Also said that if she did set aside it would be heard in an English Court as papers served to an English address even though it is an incorrect address............is this correct? Makes me feel like less likely to win? Received the SAR back from PE and they have stated they received the English address from Experian. We've looked on her credit report and there is a linked address there from a company called Lendable that did 3 searches on her.......... one on her Scottish address, 1 on our neighbours address? and one on the English address. She says she and her ex went to look at buying a car - he cannot drive but was going to get the finance. I can only assume they have done a search on his address? Anyway it got refused unsurprisingly. There are no other links to that address on the credit report and no other searches from outside companies so how did PE obtain this address without a search on her credit report? It should be said copies of all pcn's where included so now we have copies of the original ones that were never received for some unkown reason - exactly the same as 8 mins one (but this one for 21mins over an hour) - stating keeper liability and all addressed to Scottish address. Now on to another matter............yesterday she informed me she has another pcn from a different company and now received a 'legal' letter. I've attached the 3 bits of info she has given me. I'm just worried these may try the same trick, so is it worth actually contacting them before it escalates further and state the no keeper liability in Scotland defence as they are claiming it as keeper liability -  and that she doesn't recognize the offence? Would you believe she actually got this pcn when they went to look at buying a car as mentioned above...............just incredible! Thanks. T. PCNG24.pdf
    • This morning I have received an email from Lowells, quite out the blue as I've not heard anything from them for years. it states "Action required on your overdue account"
    • So this is what I've got so far; PLEASE PLACE THIS EMAIL BEFORE THE COURT WITHOUT UNDUE DELAY  Re: Case Number XXXX - ParkingEye Ltd (claimant) vs Cardiff Devil (defendant) In response to the letter from the court dated 19/02/2024, I am writing to the court as the defendant in this claim to register my objection in the strongest possible terms to the hearing being heard “on the papers”, and to request a regular oral hearing instead. Since the claimant is a nationwide parking company with net assets of over £53,000,000 on their balance sheet as at the end of December 2022, it is therefore safe to assume that they will retain a team of qualified solicitors on their payroll to prepare court paperwork on their behalf.  Conversely, the defendant is a litigant-in-person with little legal knowledge.  As a result, the defendant contends that the case being heard on paper evidence only would put the defendant at a severe disadvantage. The defendant also contends that the circumstances of this case are not at all straightforward and there are several points that the defendant wishes to contest at the hearing, such as inaccuracies in the claimant’s CPR 31:34 submissions, the potential intentional redaction of crucial evidence in the claimant’s contract with the tenant, also the claimant's lack of compliance with the Protection of Freedoms act 2012 to establish the defendant liable as the registered keeper of the vehicle in question, and their lack of adherance to local planning laws amongst others.   Thanks CD
    • Savers who rushed to lock away money before the end of the financial year in 2023 into short term Isa fixes will be seeing accounts mature now.View the full article
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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.

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      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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notax, provisional, not notified DVLA of change of address


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Hi, just wondering if you can help.

15 years ago my husband was banned from driving and told he has to take an extended driving test.

5 years ago he got a provisional license and bought a car in anticipation of passing his test.

However he failed the test and was going to sell the car but we were so busy moving house w didnt get round to it, the tax ran out and the police took the car without speaking to us.

He never informed the DVLA that we moved and have heared nothing since.

He now wants to try his test again so he wants to tell the DVLA we have moved and get his provisional updated.

But Im worried it wont be straight forward.

Anyone know what is likely to happen?

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He'll need a completely new provisional licence as they expire after two years. Since his ban is well in the past, and the untaxed vehicle is nothing to do with a driving licence (not an endorsable offence), there should be no problem.

 

Good luck for the driving lessons and test, and drive safely.

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He'll need a completely new provisional licence as they expire after two years.

 

No they don't. He needs to check the photo part is still in date (it normally lasts 10 years), if so, he can carry on taking lessons.

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I stand corrected (they possibly used to expire but I've checked and crem is correct) - you should definitely check the dates for the photo and Category B provisional entitlement, to be on the safe side!

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I stand corrected (they possibly used to expire but I've checked and crem is correct) -

 

 

I think what you might have confused it with marmaris is that when you pass your practical test, if you do not update your provisional to a full licence within 2 years, it expires and you need to retake your driving test.

 

This rarely happens now as the examiner offers to send your provisional away automatically at the end of your test so you can't "forget" to do it.

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