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    • Any advice on what remedies are available given the following circumstances - would be much appreciated. Dec 23, HMCTS enforcement officer (HMCEO) knocks on the door. Stating he possesses a “warrant of control” (WOC) issued by xxxxxx Justice Centre (HJC) to recover unpaid fines for driving offences. Further stating, he is there “to execute the warrant and take goods to the value of .. if the warrant wasn’t settled in cash/monies” After requesting proof I was given a quick glimpse (seconds) of a small tablet/palm sized “computer” I only caught flash of a white screen. I notified him, A number of times, I needed to see a copy of said woc. I was unaware of any outstanding warrant. I was not going to pay as the matter was live and had been sent to XXXX Crown Court with Jan hearing. It was not my property but my dear friend’s (14yrs) home. He was not coming in and he was not going to force entry. I asked how come he was at this address – no reply. He had better phone the old bill, if he had any issues. As he had not set foot in the house, I closed the door I was unaware the purported WOC or any warrant, I was under the impression my case was with the courts. My requests for a copy were persistently refused, I was unaware what case(s) were listed as “outstanding on this purported WOC”.  (had live S172 with the courts with an appeal) this alleged woc was totally unrelated.   With supporting high court documents I approached his Co vehicle to reasonably discuss what was going on. After exchanging a few words, he had my name down as the address we were at. Oddly, he then stated the car at the same address which he was blocking in, was mine !! – It was not and never has been ! neither was it reg/ins at that address. I could hear the police sirens approaching, No issues with those attending at all. The first officer lady (ONr1) approached, listened to what I had to say. Then went to speak with "HMCEO". I went inside to gain more evidence that his documents were invalid.   Ms xxxxxx (property/title holder) produced a mortgage document stating the title holder. It was dissmissed by by both "HMCEO" and Police I produced a number of court documents; High Court document with correct address from HHJ xxxxx, HMCTS stating my case was to be heard at xxxxx Crown Court Jan date DVLA drivers license with xxxxxxx with correct address. All documents dismissed by both HMCEO and Police. My trial documents had the correct address as did HMCTS. ONr1 was now joined ONr2, they both concluded the HMCEO WOC document superseded my High court documents as it was addressed to xxxxx. High court documents were irrelevant as the address was “different” from my friends home. I was dumbfounded when the officers stated the “HMCEO was here to collect a debt as instructed by the court”, if I was “to obstruct him in his duties I would be arrested and removed”. I still had not seen any proof of an actual woc I unsuccessfully challenged the officers comments for a fair few moments, then realised no matter what I said, did or otherwise, they had made up their minds and where going to arrest me if my objections persisted. I could not believe I was witnessing misfeasance in public office. Where’s the impartiality I asked ??  - no reply.   I requested more time to collect and gather myself.   I could not raise the amount of money demanded. HMCEO would not accept a pay plan, as apparently the demanded sums had been outstanding for some time. Payment in full was again demanded or a locksmith would be called to drill the locks and force entry. (destruction of 3rd party property) with threat of further hundreds of pounds to be added.   I strongly objected, stating I had no entitlement of title to Nr xxxxxx, neither of the three were interested. Full payment was again demanded or entry will be forced and goods removed.   I was melting down and in a dark place mentally, xxxxx was also in a terrible state considering the threats made against her and her beloved property. even the old bill had chosen to support a private company break the law !!.   " HMCEO" persisted his menacing demands to extort monies. Finally, Diane, under extreme duress and threats of forced entry, coupled with threats of arrest if I didn’t stand aside and let HMCEO extort monies. Against her better will and judgement she transferred monies form her and her sons account(s) to that of "Marston's". Effectively settling a third party debt. His actions amounted to theft, fraud, extortion, and fraud by false representation. Money had just been extorted from the best friend I had, and I was helpless. I understand the following facts are true, I have the opinion both myself, ms Kelly and her son were victims, and this happened here. Even if there was a valid WOC it was illegal as the case had previously been withdrawn; The act of threatening a victim’s person or property with violence, physical harm or destruction to coerce them into complying with demands. Threatened actions that constitute extortion when used to re-enforce an unwarranted demand would be offences in and of themselves (offences against the person or criminal damage). The Theft Act defines the instance of blackmail as one where: “a person with a view to gain for themselves or another or intending to cause loss to another makes an unwarranted demand with menaces. Dishonesty is not an element of the offence.” The sheer fact, he was supported by 2nr police officers – either of which or both, should have been sufficiently knowledgeable enough in criminal law, and vigilant enough to have seen and prevented a fraudulent crime against another(s) being committed with their support. ======= After the event - Next morning calls to/from HMCTS ======= Call from “Enforcement MoJ” confirmed they have already instructed Marstons Group as a matter of urgency to return all monies wrongly taken from Ms xxxxx .  HMCTS ..... Ms xxxxxx, 1/12/23 @ 11:50 States …”case withdrawn 28th Feb 23” email attached Purported WOC issued by Harrogate Justice Centre (HJC). for collection of fines for allegations by West Yorkshire Police (WYP), that had previously been withdrawn. Ref: HMCTS Letter Dated – XXth XX  2023: Case Nr. ********, listed for XXth XX 23 @ XX:XX WYP Letter. Headed - XXth XX 23, Trial at Kirklees Mags Court on XX/XX/2023 at XX:XX                                                     i.     WYP offer no evidence and request HMCTS, CPS - case be dismissed.  According to HJC There was no evidence of WOC ever been issued.   Ms xxxxxx & son, eventually had monies returned. No apology to either Ms xxxxxx or her son. Executed a “warrant of control” which was not prescribed by the HMCTS. His actions amounted to fraud, fraud by false representation. His actions amount to theft, fraud, and fraud by false representation. Extortion of monies by menace S12 Theft Act 76 Alledged "HMCEO" removed monies on two occasions from a third 3rd party bank accounts, 2nr sums circa £600 and £600 collectively totalling £1200.00 to which he had no legal right or obligation to do so. His actions amounted to theft, fraud, and fraud by false representation. Extortion of monies by menace S12 Theft Act 76 As ¶²⁸ above, removed monies under the false pretences of a certified bailiff, whilst not been in possession of the correct court documents entitling him to do so. He was thus acting as a “common debt collector” as such he was not entitled to charge any fees. His actions amounted to theft, fraud, fraud by false representation. Extortion of monies by menace S12 Theft Act 76  Alleged "HMCEO" Knowingly provided a false statement of fact to WYP knowing they would act upon those facts. The two attending police officers should have been sufficiently knowledgeable enough in criminal law, to prevent such a fraudulent crime been committed in their presence. The very fact there was legal correspondence from HHJ xxxxxxxx   xxxxx Crown Court within dated parameters surly overrides any civil documents purporting to be from HMCTS. Especially when PNC, DVLA, MIB, databases could instantly confirm/deny the defendants statement of address. This event (along with others) has not only devestated my life, but my friends too. To the extent I was admitted to Acute Mental Health Team NGH for 4/5wks as I was unable to cope with the effect this action had taken on my best friend. The consequences have been insumountable, the mere sight of the old bill now reduces me to a wreck. WHAT LEGAL REMEDIES (IF ANY) MAY BE AVAILABLE TO ME/US - How would one proceed ?? Contructive comments only please - **** takers and conspiracists jog on.  All HMCTS documents are available, Only 2nr Marston documents exist, 2nr receipts for payments taken.  Regards Mr Blue            
    • 1 Date of the infringement 14/12/2023   2 Date on the NTK [this must have been received within 14 days from the 'offence' date]  Issue date 27/17/2023   [scan up BOTH SIDES as ONE PDF- follow the upload guide] please LEAVE IN LOCATION AND ALL DATES/TIMES/£'s   3 Date received 10/12/2024   4 Does the NTK mention schedule 4 of The Protections of Freedoms Act 2012? [Y/N?]  N   5 Is there any photographic evidence of the event? Yes   6 Have you appealed? [Y/N?] post up your appeal]  No   Have you had a response? [Y/N?] post it up No   7 Who is the parking company? Excel Parking   8. Where exactly [carpark name and town] Brewery Street Car Park, Chesterfield, S417UG   For either option, does it say which appeals body they operate under. IPC on their letter BPC on others I have attached all letters received to date by Excel and others.  Any advice is more than welcome PCN Letters_1_11zon.pdf
    • Hi guys I got caught with my mum's freedom pass the other day. I have now received a letter asking how I'm going to plea I've only just received it but it says reply within 10 days of the letter from when it was dated on the 17th june which seems unfair, but anyway! What's my best bet here? I have seen the best thing and it's the most logical, is to just come clean, say say it was wrong and plead with them! I've attached the letters they have sent Thanks for any help you can provide Image to PDF 20240625 22.16.31.pdf
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      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.

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UK Passport problems- Birth Certificate names confusion


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Hello all,

 

I am a 21 year old female who has never left the UK or held a UK passport. Last year in October I sent off my application, paid for it etc. and was excited at the prospect of finally leaving the country for the first time.

 

I included both my mother's and my own original birth certificates for proof of identity. Here's where it gets a bit confusing, so I'll try and explain as best as I can.*

*I've changed the names for privacy reasons.

 

They declined my application because on my birth certificate, it says Nicola Adams, but her real name is Nicola Smith, so it says Nicola Smith on her birth certificate.

The reason it says Nicola Adams on my birth certificate is because years ago, when she was with my brother's dad (different dads) whose surname was Adams, she changed her name unofficially (without deed poll) to Adams also, because at the time there was a stigma around having children out of wedlock apparently. So she took it upon herself to just change her second name to my brother's dad's second name, without any legal records of the change.

Now because she never changed it by deed poll, there are no records of her name change, and the passport authorities want proof of this name change so they know that my mother really is... My mother!

 

When they said they declined my application, she called them up and asked how we would go about proving this. They said that we would have to get a solicitor to get my mother to sign an oath or something of that nature, but this costs a lot of money.

 

Does anybody have any advice for me? Any help would be much appreciated.

 

Thank you!

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Hello there.

 

I believe swearing an oath with a solicitor or notary public costs very little.

 

They might want to see a paper trail because your mother's life has become quite complicated.

 

I think it's worth talking to someone. I know people who have done this because they have changed their name unofficially or officially and have sworn an oath to confirm things. I would say it's not something to be frightened of. :)

 

Edit: also called a Commissioner for Oaths, you can look in the Yellow Pages etc, then ring and ask how much it costs. They may need to see a paper trail, or at least understand how names have changed.

 

My best, HB

Illegitimi non carborundum

 

 

 

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Hello there.

 

I believe swearing an oath with a solicitor or notary public costs very little.

 

They might want to see a paper trail because your mother's life has become quite complicated.

 

I think it's worth talking to someone. I know people who have done this because they have changed their name unofficially or officially and have sworn an oath to confirm things. I would say it's not something to be frightened of. :)

 

Edit: also called a Commissioner for Oaths, you can look in the Yellow Pages etc, then ring and ask how much it costs. They may need to see a paper trail, or at least understand how names have changed.

 

My best, HB

 

Thank you for your quick response, Honeybee! It's great to know that swearing an oath doesn't cost as much as I thought, but I rang a few solicitors in my area and they quoted me £100-120! I suppose next time I will ring them up and tell them I've been quoted a much lower amount and maybe they will lower their quote... I shall see.

 

Thanks again!

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Hi, I have had this exact same issue.

 

The way I did it was to get my passport in my birth name. For everything else including my driving license I use another name, the name I have gone by all my life but to leave the country I become Mr X (the name my mother changed unofficially when I was one) for the few hours I am in airports. It has never caused me any issues except maybe if we rent a car my missus has to get it in her name but that just means I can drink more :) Other than that nobody has ever looked twice in passport control and I've been through loads.

 

I had a friend who is a company director sign the photo's in the name I wanted. After I told him why he was ok with it.

 

 

You just have to remember to book flights in the correct name.

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Have to agree with Ash, either apply in your birth certificate name or pay for it to be changed by deed poll.

 

Saying that we had proof via 10 year old school records that the non birth name had been used and they changed it without charge.

 

YET if someone dies without the deed poll change the will use the current name ........makes sense NOT

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When I got married a couple of years ago I did use a deed poll service to make it more official so it did not cause issues at the registry office, which it would have had I not dealt with it.

 

I'm now officially in the name I've been using since I was 1. Or as official as an internet deed poll service can make you, which according to the registrar isn't very official but she accepted my story thankfully and allowed us to marry.

 

When my passport runs out I will just renew it in the same name on my birth certificate, it's more hassle than it's worth to start a new application in a different name.

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