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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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Sorry I haven't been back on, busy sorting stuff / working and sleeping after 3 nights of no sleep! I have a few more questions and I apologize for my wittering on in advance!

 

1. Most importantly, what happens now with the stay of execution? OH rang the court late yesterday and was told the writ had been stayed, details would be in the post and there would be a hearing around the 16th september. What does the hearing entail? Is the HCEO still likely to visit until they get the paper work? We have remained vigilant anyway but the closed windows are getting stifling! Can the creditor apply again for a writ of fifa and how soon? We are about to submit an N245 but see my next points.

 

2. At the court OH was told that evidence for our EX160 was unacceptable because he didn't have my august pay slip (I now have it), bank statements didn't include current month (I'll print them off from the internet) and we don't have a current child benefit award notice. Child benefit send notices when a child is born and not again, which I have confirmed online and by phone. The rely on housing benefit claims etc to be accepted by bank statement but it seems the court won't - is this normal? CB have promised I can have a letter proving the current amount but it could take up to 2 weeks. Of course we could just pay the fees for the N245 (we already paid them for N244 obviously) but the reason we are in this mess is because we are skint! Is it urgent to get the N245 in or could we wait? Or try again with just bank statements hoping it was a clerk who didn't know better? Incidentally OH also showed a current housing benefit notice that also detailed our child benefit payments, and various other paperwork from the child benefit office, the only thing we are missing is the latest award notice I got when my son was born 3.5 years ago. The clerk insisted we need something from this year :(

 

3. I'm reading conflicting advice about where to send / take the N245. Now we have the stay of execution could we not just use the local court again to physically take the form in rather than drive to northampton? Obviously we could post it to Northampton but I don't trust the mail much and if by any chance the CB letter arrives soon we would rather take it with EX160 and also claim back the fees from the N244. This relates back to question 1 - how long should we wait?

 

Sorry I know I'm a pest but thanks again to everyone who has helped - it was nice to be able to get some sleep now but obviously I realise this isn't over yet :(

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Sorry I haven't been back on, busy sorting stuff / working and sleeping after 3 nights of no sleep! I have a few more questions and I apologize for my wittering on in advance!

 

1. Most importantly, what happens now with the stay of execution? OH rang the court late yesterday and was told the writ had been stayed, details would be in the post and there would be a hearing around the 16th september. What does the hearing entail? You may have to wait to see what terms they have allowed the Stay on & the Hearing may be to hear the full facts of same. Is the HCEO still likely to visit until they get the paper work? He may but I doubt it, have you advised them a Stay is in place? We have remained vigilant anyway but the closed windows are getting stifling! Can the creditor apply again for a writ of fifa and how soon? The Writ is valid for 12 months & may be renewed on request however as you have an interim Stay in place & as long as you abide by the terms of it then this nothing else that can be done. If however you break the terms then the Stay is lifted automatically and enforcement can continue. We are about to submit an N245 but see my next points.

 

2. At the court OH was told that evidence for our EX160 was unacceptable because he didn't have my august pay slip (I now have it), bank statements didn't include current month (I'll print them off from the internet) and we don't have a current child benefit award notice. Child benefit send notices when a child is born and not again, which I have confirmed online and by phone. The rely on housing benefit claims etc to be accepted by bank statement but it seems the court won't - is this normal? CB have promised I can have a letter proving the current amount but it could take up to 2 weeks. Of course we could just pay the fees for the N245 (we already paid them for N244 obviously) but the reason we are in this mess is because we are skint! Is it urgent to get the N245 in or could we wait? Or try again with just bank statements hoping it was a clerk who didn't know better? Incidentally OH also showed a current housing benefit notice that also detailed our child benefit payments, and various other paperwork from the child benefit office, the only thing we are missing is the latest award notice I got when my son was born 3.5 years ago. The clerk insisted we need something from this year :( It is usually the case that you must supply current proof but if your CB award is the only proof you had when the child was born then that should suffice. You can of course pay the fees and have them refunded when you have all the correct paperwork. Also each page should be supplied - if it says page 1 of 6 then you need all 6 pages but invariably as they are duplex printed you may have to point out that is on each side of the paper.

 

3. I'm reading conflicting advice about where to send / take the N245. Now we have the stay of execution could we not just use the local court again to physically take the form in rather than drive to northampton? Obviously we could post it to Northampton but I don't trust the mail much and if by any chance the CB letter arrives soon we would rather take it with EX160 and also claim back the fees from the N244. This relates back to question 1 - how long should we wait? If you made part of your Stay application on the basis you were submitting a Variation Order then you may be asked to provide proof of the submission at the Hearing. I suggest send it to Northampton via Signed For and check RM Track & Trace to check it was delivered, the case should then be refrred to your local Court.

 

Sorry I know I'm a pest but thanks again to everyone who has helped - it was nice to be able to get some sleep now but obviously I realise this isn't over yet :(

 

PT

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Thanks. Yes we informed the hceo of the stay. So we really can't just take the n245 to the local court? I've read on lots of (less reliable) sites to take it to a local court? It will be sent 1st class recorded in the morning to northants in that case.

 

To claim fees back from northants if we are posting the n245, do we have to go in person?

 

We got the suspension of writ letter today and a confirmed court date. I'm assuming I need to take time off work for it as they won't want a 3 yr old disrupting the hearing!

 

thanks again for everyone's help :)

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Thanks. Yes we informed the hceo of the stay. So we really can't just take the n245 to the local court? I've read on lots of (less reliable) sites to take it to a local court? It will be sent 1st class recorded in the morning to northants in that case.

 

To claim fees back from northants if we are posting the n245, do we have to go in person? Hopefully by then it will have been transferred to your local Court.

 

We got the suspension of writ letter today and a confirmed court date. I'm assuming I need to take time off work for it as they won't want a 3 yr old disrupting the hearing!

 

thanks again for everyone's help :)

 

PT

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Hi all sorry I haven't posted in a while, been busy and stressed! Husband had the n244 hearing today and he can't quite recall the exact wording but the writ was stayed and the claimants awarded £1 per month token payments so good news. However we didn't get the n245 in until a week ago due to finances and awaiting cb evidence. It came back to us today with a slight error on the ex160 that is easily recified. Do we still need to submit the n245 though if the judge today has ruled £1 a month payments?

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Wait until you actually get the Order. If that confirms the low payments then there is no need to go ahead to ask for a Variation as your payment arrangement cannot really go any lower.

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Wait until you actually get the Order. If that confirms the low payments then there is no need to go ahead to ask for a Variation as your payment arrangement cannot really go any lower.
Thanks, will see what it says.
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Is it just me of is this variation for a paltry £1 per month a waste of everybody's time?...

 

I can see your point but clearly the court (quite rightly) took into consideration the other debts and if some are accepting £1 per month then clearly the court cannot allow this one particular judgment to be treated more favourably then any of the others.

 

The poster has mentioned that her and her partner are both looking at bankruptcy and this will at least mean that all the debts will get written of.

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