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    • I have just read the smaller print on their signs. It says that you can pay at the end of your parking session. given that you have ten minutes grace period the 35 seconds could easily have been taken up with walking back to your car, switching on the engine and then driving out. Even in my younger days when I used to regularly exceed speed limits, I doubt I could have done that in 35 seconds even when I  had a TR5.
    • Makers of insect-based animal feed hope to be able to compete with soybeans on price.View the full article
    • Thank you for posting up the results from the sar. The PCN is not compliant with the Protection of Freedoms Act 2012 Schedule 4. Under Section 9 [2][a] they are supposed to specify the parking time. the photographs show your car in motion both entering and leaving the car park thus not parking. If you have to do a Witness Statement later should they finally take you to Court you will have to continue to state that even though you stayed there for several hours in a small car park and the difference between the ANPR times and the actual parking period may only be a matter of a few minutes  nevertheless the CEL have failed to comply with the Act by failing to specify the parking period. However it looks as if your appeal revealed you were the driver the deficient PCN will not help you as the driver. I suspect that it may have been an appeal from the pub that meant that CEL offered you partly a way out  by allowing you to claim you had made an error in registering your vehicle reg. number . This enabled them to reduce the charge to £20 despite them acknowledging that you hadn't registered at all. We have not seen the signs in the car park yet so we do not what is said on them and all the signs say the same thing. It would be unusual for a pub to have  a Permit Holders Only sign which may discourage casual motorists from stopping there. But if that is the sign then as it prohibits any one who doesn't have a permit, then it cannot form a contract with motorists though it may depend on how the signs are worded.
    • Defence and Counterclaim Claim number XXX Claimant Civil Enforcement Limited Defendant XXXXXXXXXXXXX   How much of the claim do you dispute? I dispute the full amount claimed as shown on the claim form.   Do you dispute this claim because you have already paid it? No, for other reasons.   Defence 1. The Defendant is the recorded keeper of XXXXXXX  2. It is denied that the Defendant entered into a contract with the Claimant. 3. As held by the Upper Tax Tribunal in Vehicle Control Services Limited v HMRC [2012] UKUT 129 (TCC), any contract requires offer and acceptance. The Claimant was simply contracted by the landowner to provide car-park management services and is not capable of entering into a contract with the Defendant on its own account, as the car park is owned by and the terms of entry set by the landowner. Accordingly, it is denied that the Claimant has authority to bring this claim. 4. In any case it is denied that the Defendant broke the terms of a contract with the Claimant. 5. The Claimant is attempting double recovery by adding an additional sum not included in the original offer. 6. In a further abuse of the legal process the Claimant is claiming £50 legal representative's costs, even though they have no legal representative. 7. The Particulars of Claim is denied in its entirety. It is denied that the Claimant is entitled to the relief claimed or any relief at all. Signed I am the Defendant - I believe that the facts stated in this form are true XXXXXXXXXXX 01/05/2024   Defendant's date of birth XXXXXXXXXX   Address to which notices about this claim can be sent to you  
    • pop up on the bulk court website detailed on the claimform. [if it is not working return after the w/end or the next day if week time] . When you select ‘Register’, you will be taken to a screen titled ‘Sign in using Government Gateway’.  Choose ‘Create sign in details’ to register for the first time.  You will be asked to provide your name, email address, set a password and a memorable recovery word. You will be emailed your Government Gateway 12-digit User ID.  You should make a note of your memorable word, or password as these are not included in the email.<<**IMPORTANT**  then log in to the bulk court Website .  select respond to a claim and select the start AOS box. .  then using the details required from the claimform . defend all leave jurisdiction unticked  you DO NOT file a defence at this time [BUT you MUST file a defence regardless by day 33 ] click thru to the end confirm and exit the website .get a CPR 31:14 request running to the solicitors https://www.consumeractiongroup.co.uk/forum/showthread.php?486334-CPR-31.14-Request-to-use-on-receipt-of-a-PPC-(-Private-Land-Parking-Court-Claim type your name ONLY no need to sign anything .you DO NOT await the return of paperwork. you MUST file a defence regardless by day 33 from the date on the claimform.
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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.

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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.
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      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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I have been served an attachment of earnings order for missing council tax payments.

 

I find the letters sent to me rather confusing. It says I AM ORDERED by the council to make deductions from net earnings. That bit I understand but then it says. I AM ALSO ORDERED to pay each sum deducted to Rossendales Ltd within the period of 19 days beginning on the last day of the month in which the deduction was made.

 

So does this mean I've got to pay them as well as the AOE. It would be impossible for me to do this as the AOE will make it difficult to live anyway regardless of anymore payments.

 

Thanks.

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It is making me ill the thought of the consequences if I didn't make a payment to them. I split up with my ex wife a couple of years ago. I was left with a lot of debt. Our house was repossessed and was in negative equity. In total, about £30,000 is outstanding on that. I'm just wondering whether or not bankruptcy might be the best solution.

 

How would this affect the AOE? I already had more going out than coming in but with this AOE looming, its just going to be impossible.

 

I have 2 AOEs against me, one of which was when I was with my ex wife. Is it right that the council have just come after me for the debt?

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Hey Rob, chill mate, at the end of the day you have committed no crime and the very industry you are indebted to has committed the biggest crimes of all. I'm sure your situation will be viewed by those here far more experienced than me.

 

With regards to the Council Tax, deal with the council only, not the unfit for purpose outfit called rossendales, their TV debut is enough to show them up for what they are. Do you know where your ex is? If so, put forward her details to the council so they can chase her too, you will both have to compromise and come up with some sort of payment plan.

 

Have you had any liability orders?

The Banksta Buster.

:-x :-x

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Before debating the rights or wrongs of the Attachement of Earnings orders it is important to go backwards.

 

Did you ever allow the bailiff into your home?

 

Has a levy ever been made upon goods of yours?

 

Have you made any payments to the bailiff company?

 

Did you complete an Income & Expendite form for Rossendales?

 

How much are they wanting to take each month under the AEO?

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Hi

 

The bailiff hasn't entered my home. No levy has been made upon my goods. A payment was made to them last year but it seems as if it has not been acknowledged. I haven't completed any income/expenditure form.

 

They are taking 17% of my wages each month under the AEO.

 

Thanks

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Hi

 

The bailiff hasn't entered my home. No levy has been made upon my goods. A payment was made to them last yeareems as if it has not been acknowledged. I haven't completed any income/expenditure form.

 

They are taking 17% of my wages each month under the AEO.

 

Thanks[/quOTE]

 

If what you say is correct, this is absolutely disgusting. Get in touch with the Clowncil and demand this theft from your wages stops immediately. This needs to go back to court. ROSSENDALES are nothing more than legalised thieves. I'd be creating hell if they were tapping into my wages.

 

I'm probably not helping the situation as this type of theft gets my goat. I hope someone here can advise and help get Rossendales filthy paws out of your income directly.

 

Im

The Banksta Buster.

:-x :-x

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As many people on here are aware, I have a commercial business providing assistance to the public with regards to a bailiff visit.

 

Since the beginning of the year I have come across a staggering number of enquiries from the public who have discovered that a local authority has obtained an Attachment of Earnings Order in relation to arrears of council tax. This is perfectly legal and further details can be found under paragraph 37 to 44 of the statutory regulations:

 

http://www.legislation.gov.uk/uksi/1992/613/part/VI/made

 

Unfortunately, members of the public appear to be taking "advise" from "less reputable websites" who suggest that a council tax payer should post a notice outside of their home "Removing the right to Implied Access" and that such a notice will bring immediate results in that the bailiff ceases enforcement and thereby returns the debt back to the local authority. Anyone displaying such notices should only do so if they are fully aware of the action that could most likely be taken.

 

Firstly, if the bailiff is unable to collect the debt or levy upon goods then the local authority are allowed to make an application to the Magistrates Court for committal proceedings.

 

More commonly, the local authority will instruct their bailiff provider to make an application for an AEO and as you can see from your case, the amount that can legally be deducted is simply crippling.

 

Did you have a payment arrangement with the local authority ?

 

Were you making regular monthly payments to the bailiff?

 

If the bailiff has NOT levied upon goods, you really must make enquiries to ascertain the amount of any fees that have been charged to your account. This is very important.

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I had a ATO in respect of overpayment of Housing Benefit amounting to just over £1,200.00. I returned my income and expenditure form to the court and, despite, earning a decent monthly salary, the court set the monthly repayments at £5.00. I had a high level of protected earnings .... so was not expected to pay any more than that.

 

Once you've established your total liability and completed your I&E to the court, you might find your monthly repayments reduce.

 

Hope so anyway. That was my experience.

 

Good luck!

 

Impecunious! :-)

Edited by impecunious
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impecunious.

 

I am pleased to hear that you were able to get the courts agreement to repay the overpayment of Housing Benefit by way of monthly repayments of £5. From what you have mentioned you were very lucky indeed. Did you return the Income & Expenditure to the County Court or the Magistrates Court?

 

Also, was this recently?

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Impecunious.

 

Sorry, I made a mistake in the above post. I should have realised that as this debt related to overpayment of Housing Benefit that it cannot be recovered in the Magistrates Court and instead, it is recoverable by way of civil proceedings in the County Court.

 

In which case, you would have been able to complete Form N56 ( if I remember rightly) and in calculating the amount that can be repaid there is the Protected Earnings Rate which provided that from your income you are allowed to deduct expenses for food, rent, mortgage, utility bills etc.

 

Attachment of Earnings Orders for arrears of council tax are covered under an entirely different statutory regulation and sadly, the "Protected Earnings Rate" does not apply.

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Robji

 

I am somewhat confused by the document that you have received as the wording that you have stated in your above post is identical to the words stated on the official notice that is sent to the EMPLOYER under Schedule 3.

 

I would suspect that what you have received is a COPY of the notice that has been served upon YOUR EMPLOYER.

 

If so.....no need to panic!!!

 

As for the order stating that your employer needs to send payments to Rossendales Ltd.......again, this is permitted under the applicable Contracting Out regulations and indeed is very common.

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