I phoned their solicitor and requested a tomlin order. They said they’re open to it, how much was I offering and on what amount. I said the full amount without interest. She said I had to fill in an income and expenditure form and then she’d mention it to npower and see what they said , but she said they’d be unlikely to agree to the amount less interest and at a low figure, which I don’t know what kind of figure they’d be looking at but it’s limited how much I can offer at the moment.
Am I right to fill in the i and e form? And was I right to offer without interest or should I have agreed to pay that as well?
Ah, I just checked my original MCOL claim form which states County Court Business Centre, so this would be a part 7 money only order, and would be issued to defendant's court.
Top of the form I would write: "In the (my local CC)
and send it to defendant's court.
County court name of which your submitting the N349...which would be your local county court ...your the litigant.
What do I have to do to apply for an order? You must complete form N349 (Application for a third party debt order). You can obtain a copy of the form from hmctsformfinder.justice.gov.uk If your claim is a Part 7 money only claim and was issued in the County Court Business Centre (CCBC) or County Court Money Claims Centre (CCMCC) you should, make your application to the court which covers the defendant’s home address. You can find this online at courttribunalfinder.service.gov.uk
Speak to your LCC for details of payment.
A couple of weeks further along, and the charge has now been cancelled. In that regard alone the outcome is acceptable.
In the interim ...
There have been additional demands from CPP/PE in the most glorious and laughable obfuscated prose/legalese
I have pressured PALS
I have chased past correspondence
I have contacted other Execs
I have involved my MP who has now acted
I had primed the local newspaper who was planning a piece this week
- PALS didn't respond until I complained in person after almost 2 silent weeks; then promised to help and a couple of days after that advised that the Hosp had said thye had no authority over the Parking Co. I told them the hosp had told them wrong, explained why and pressed them to go back ... since when I have heard nothing despite chasing them.
- UHCW Trust Estates & Facilities Dir. is yet to respond, though contact was *only* a week ago.
- UHCW CEO/Chief Administrator has never acknowledged/replied-to any of my letters/chases.
- UHCW CEO/Chief Admin reacted immediately to MP letter however by passing it and my correspondence to Estates and Facilities Dir to deal with, who in turn replied to MP with cancellation, who yesterday copied that to me for confirmation received this morning.
Passing thoughts ...
- People who could/should have been dealing with it for the injured party elected not to.
- PALS has good intentions but is useless if they don't have a leaflet on it - will follow the Hosp line on everything else without questioning their words.
- The Trust's Administration is not approach-friendly, in this instance stating "... car parking managed by a Private Finance Initiative Service Provider" and that therefore ".. Trust has no power ... in the processes applied by CPP .." Oh, really?!
- Trust accepted CPP's word that the equip't was not faulty as claimed, not the rather more reliable word of a visitor having been put to considerable inconvenience at 5 a.m.and who went to some length with staff to deal with it instead of buggering off home.
- CPP "have agreed (to cancel) as a gesture of good will." WHAT?! THEIR good will? THEY are willing to let MY failings pass and kindly make allowances? Couldn't be more self-delusionarily wrong!
Sadly, I can guarantee that what is actually important in all of this will not get any attention
- providing an alternative payment method for patients/visitors for when the equipment malfunctions ... at any time not just the wee-hours ... and tell staff ... and put notices up.
- UHCW taking any notice of their culpability in CPP's unlawful breaching of GDPR in accessing keeper details now that it has been brought to their attention. Head In Sand.
All of this comes of course from pulling-up the drawbridge and deny, deny, deny. It is the knee-jerk response of almost all large organisations, but one for which there should be no place in a Hospital Trust that should strongly want to distance itself from uncaring attitudes and irresponsible practises.
Anyone finding this because of a similar issue of their own, my strongest advice is to heed the advice given to you on this forum - it put me straight on to the right path and got rid of some nervous uncertainties which makes all the difference to peace of mind, something that CPP relies on to add pressure for those who aren't aware of what's what.
My thanks again to all who kindly helped.
Don't touch them owe me £500 since January 2019 make excuse after excuse. Seem they always have software problems sending money out. Keep saying they will call back or email nothing been chasing it now for 6 mths the phone staff always have the same banter we will chase it up and get back to you then nothing!