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    • If you are absolutely certain* that you were parked OK, write a letter of complaint to the Headteacher and copy in the Chair of the school governors.   If you or the car were identifiable in any way from the photo (eg visible registration number, driver's face etc) I would very politely write that you resent the untrue suggestion that you had parked/had stopped/were waiting in a way that contravened any traffic regulations, and that you are sure that the school will understand that you would like an apology and a correction to be printed in the next newsletter.  (You can also clearly state that you were identifiable from the photo because other parents have mentioned it to you).   See if that works.   You don't want to go to court for defamation as you'll need access to about £10k in fees before you get out of bed.  You just want an apology and a correction.  If what you've told us is accurate, I don't see any reasonable school failing to say sorry.     *My wife is a former school governor and my experience listening to her is that very very few parents actually understand the meaning of the no stopping/no waiting signs and road markings outside schools.  Don't complain unless you are sure you weren't stopped where you shouldn't have been.
    • And they haven't offered a speed awareness course either?  (Have you done one in the last three years or is this in Scotland?)   And is one of the notices for 34 in a 30?  As Man in the Middle says, that ought to be below the level at which they take action.   (And sorry - I don't want to appear preachy - but...  there don't have to be any warnings or signs or lines on the road to advise you of the presence of speed cameras.  If you get away with an exceptional hardship argument you will need to stick to speed limits in future - whether you know there are cameras there or not.  NB Don't know if this applies to you, but most 30 mph limits are restricted roads with a system of streetlighting and don't even need speed limit signs - you are assumed to know this from the Highway Code).
    • It's up to you if you want to pay £300 you don't owe plus whatever Unicorn Food Tax with no basis in law whatsoever that they will have made up in the Letter Before Claim.   We'd prefer you didn't.   But you have received a LBC so it's make your mind up time.   So please    - post up photos of the signage in the dark that you'll have taken two months ago (post 14)    - post up details of planning permission for their signs you'll have found out after you got onto the council, again two months ago (again post 14)    - also let us know if you agree with Brassnecked's excellent letter or if you'd like to tweak bits depending on what you've found out    - upload the LBC.  Some of them are appallingly drafted and invariably contain Unicorn Food Tax which is all useful extra ammo    - also, where are you living now (post 35) and are you comfortable with legal communications arriving at your parents'?   If you look in our PPC Successes thread at the top of the page, you will see 275 times these cheats have been seen off with their tails between their legs (and all had the same "well known legal companies" (ho! ho!) on hand).  In reality 275 times is a massive underestimate, in all 275 cases there was a "moment of victory" IYSWIM where the PPC were thrashed in court or discontinued a claim or were called off by a supermarket chain, etc., etc.  There will have been at least that number again where they were told to Foxtrot Oscar and then crawled back under their stone.  They are eminently beatable but logically when you're in legal dispute you have to put some graft in to beat the other party.
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I have had a difficult relationship with my now Ex, particularly financially. I am on benefits (as a carer), he recently went self employed which has only made my income situation worse because he hasn't been earning a great deal, hasn't given me receipts that I need to continue all the benefits (which I should be able to) so I am very very short of money right now.

 

I received a Distress Warrant from Collectiva dated 3rd June related to several fines (totalling just over £1,000 that he was supposed to be paying off. He hasn't obviously, it looks like he's hardly paid anything off. The letter says that they will come round and collect the money or will be able to break in and take my furniture. The stuff in the house is all mine, I probably have receipts for a lot of it, but some of it is years old so won't have receipts for all of it.

 

It was the last straw and I gave him his clothes and told him to leave (the warrant has only been issued because he hasn't done what he needed to to sort the situation out.., he's had months to sort this out).

 

The problem is, I can't prove he's left the premises. The tenancy agreement is in our joint names. I will be phoning on Monday to change all the benefits to my name only (which will for a few weeks leave me with even less money coming in) but I doubt I will get notification of the benefit changes by the two weeks the Distress Warrant suggests I will have bailiffs coming round.

 

What can I do, if anything? I have two children and lots of stuff in the house the bailiffs could take. I won't let them in, but the letter says they can force entry.

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You can swear a statutory declaration at your local Magistrates or Solicitors office to say that all item at x address are solely owned by you. I believe the staff at Magistrates don't charge for this, but Solicitors will charge a small fee ( I have seen £10-£20 quoted). Then provide this to the bailiff, so they are made aware of the situation. You could also send a copy to the Magistrates courts Manager responsible for bailiffs with a covering letter explaining the situation.

 

I would suggest that you do this on Monday. Bailiff can force entry to collect fines, but it does not happen very often and is only done at the last resort.

We could do with some help from you.

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Get three notarisesd copies of the Stat dec, one for the court office that is chasing the fine, one as a spare, and one to pass to the bailiff through the letterbox if you don't want to answer the door to him. Film the visit throgh the letterbox even with a mobile phone to record any unlawful threats or claims the bailiff will make, especially iif he claims right to break in under the Domestic Crime and Violence Act 2004, stating that he cannot enter the named debtor is not there and is no longer resident, as per the stat dec you have passed him, and also supplied to the court which you expect will call him off. If he doesn't go call the police.

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

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

 

If you want advice on your thread please PM me a link to your thread

 

The bailiff: A 12th Century solution re-branded as Enforcement Agents for the 21st Century to seize and sell debtors goods as before Oh so Dickensian!

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Yes the distress warrant is solely addressed to my ex. Its for several driving fines.., I don't drive and never have and have never had any encounters with the police of any kind. Because my OH hasn't been handing over work expense receipts on time, I have just enough money to pay the rent in the bank. I do mean just enough. If I pay for notorised copies, I won't be able to pay the rent. I've only been able to do this by keeping us very short on food. Once I tell benefits I have split with my ex.., all benefits will come to a stop so I will then have no money at all coming in for a few weeks so its not going to get better immediately.

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Well, you need that stat dec to prove to the bailiffs and court what you say is true. Otherwise it will be very hard for you to prove what you say and further action could be taken.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

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It really is important that you get the SDs but I understand your concern about the money.

 

Could you get a crisis loan? I don't know who you apply to, because I think I read somewhere on here that this is now handled by local councils, but I may be wrong.

 

You could phone DWP and ask, or try the local council.

 

DD

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Many thanks for all your help.

 

I didn't know I could get a notarised statutory declaration so I will work on that on Monday. Hopefully it will stop this getting any worse.

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