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    • just to be clear here..... the DVLA do not send letters if a drivers licence address differs from any car's V5C that shows the same driver as it's registered keeper.
    • sorry she is a private individual, the cars are parking on her land. she can clamp the cars. only firms were outlawed from doing it bazza. thats what the victims of people dumping cars on their drives near airports did and they didn't not get prosecuted.    
    • The DVLA keeps two records of you. One as a driver and one for your car. If they differ you might find out in around a month when they will send you a reminder as well as to your other half for their car. If you receive nothing then you can be fairly sure that you were tailgating though wouldn't explain why they didn't pick up your car on one of drive past their cameras. However even if you do get a PCN later then your situation will not change. The current PCN does not comply with the Protection of Freedoms Act 2012 Schedule 4 which is the main law that covers private parking. It doesn't comply for two reasons. 1. Section 9 [2][a] states  (2)The notice must— (a)specify the vehicle, the relevant land on which it was parked and the period of parking to which the notice relates; The PCN states 47 minutes which are the arrival and departure times not the time you were actually parked. if you subtract the time you took to drive from the entrance. look for a parking place  park in it perhaps having to manoeuvre a couple of times to fit within the lines and unload the children reloading the children getting seat belts on  driving to the exit stopping for cars pedestrians on the way you may well find that the actual time you were parked was quite likely to be around ten minutes over the required time.  Motorists are allowed a MINIMUM of ten minutes Grace period [something that the rogues in the parking industry conveniently forget-the word minimum] . So it could be that you did not overstay. 2] Sectio9 [2][f]  (ii)the creditor does not know both the name of the driver and a current address for service for the driver, the creditor will (if all the applicable conditions under this Schedule are met) have the right to recover from the keeper so much of that amount as remains unpaid; Your PCN does not include the words in brackets and in 2a the Act included the word "must". Another fail. What those failures mean is that MET cannot transfer the liability to pay the charge from the driver to the keeper. Only the driver is now liable which is why we recommend our members not to appeal. It is so easy to reveal who was driving by saying "when I parked the car" than "when the driver parked the car".  As long as they don't know who was driving they have little chance of winning in court. This is partly because Courts do not accept that the driver and the keeper are the same person. And because anyone with a valid motor insurance policy is able to drive your cars. It is a shame that you are too far away to get photos of the car park signage. It is often poor and quite often the parking rogues lose in Court on their poor signage alone. I hope hat you can now relax and not panic about the PCN. You will receive many letters from Met, their unregulated debt collectors and sixth rate solicitors threatening you with ever higher amounts of money. The poor dears have never read the Act which states quite clearly that the maximum sum that can be charged is the amount on the signs. The Act has only been in force for 12 years so it may take a  few more years for the penny to drop.  You can safely ignore everything they send you unless or until they send you a Letter of Claim. Just come back to us if they do send one of those love letters to you and we will advise on a snotty letter to send them. In the meantime go on and enjoy your life. Continue reading other threads and if you do get any worrying letters let us know. 
    • Hopefully the ANPR cameras didn't pick up the two vehicles, but I don't think you're out of the woods just yet. MET's "work" consists of sending out hundreds of these invoices every week so yours might be a few days behind your partner's. There is also the matter of Royal Mail.  I once sold two second-hand books to someone on eBay.  Weirdly the cost of sending them separately was less than the cost of sending them in one parcel.  So to save a few bob I sent them seperately.  One turned up the next day.  One arrived after four days.  They were  sent from the same post office at the same time! But let's hope I'm being too pessimistic. Please update us of any developments.
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Fastest and best way to enforce CCJ?


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Hi

 

What is the fastest way to enforce a CCJ?

 

The company I am claiming against time is running out to respond to my claim so I should be able to apply for a CCJ shortly. If they do not acknowledge my claim and I request judgement then what is the fastest and most effective way to proceed and make them pay?

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Hi,

 

If you get the CCJ they get 28 days to pay before it will really affect them.

 

It if goes beyond this then you can apply to the Court to enforce the debt and get a Warrant of Execution As it's a company you would probably ask for a High Court Enforcement Officer to contact them.

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Depends entirely what assets you can identify. If they have a shop, sending bailiffs is the fastest. If you know their bank account, a third party debt order could be fastest. If the company does not have any assets then enforcement becomes very difficult.

 

The only true 'fastest' way is to convince them to pay up without having to take further enforcement action.

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Hi,

 

If you get the CCJ they get 28 days to pay before it will really affect them.

 

It if goes beyond this then you can apply to the Court to enforce the debt and get a Warrant of Execution As it's a company you would probably ask for a High Court Enforcement Officer to contact them.

 

 

 

 

You can enforce a forthwith judgment on day one. There is no need to wait 28 days.

 

I too would use High Court Enforcement Officers as they can break into commercial premises.

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yep HCEO's

£60 I think

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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You can enforce a forthwith judgment on day one. There is no need to wait 28 days.

 

I too would use High Court Enforcement Officers as they can break into commercial premises.

 

You are right, of course. I meant that they may delay payment after the CCJ because if they pay within 28 days it can be removed from the Register so won't be there for six years. Sorry, I didn't put that very well.

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Thanks people.

 

I have tried to be reasonable but all they have done is mess me about so I just want to end this asap

 

Yes they have a high street commercial premises with plenty of assets. I'll enforce judgement straight away through hceo

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I wanted to keep as much info private but I will reveal some details.

 

I am a student and the company owes me money for work i did for them in the summer that they did not pay me for.

 

I claimed against the company trading name but they are registered as a limited company with limited after their trading name (i just wrote *companyname* not *companyname ltd* )and they are registered at another address with companies house different from the high street address.

 

Have I messed up? Do I need to change the name to *companyname limited* and do I need the address changing or can I use the high street address that I worked at?

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I phoned mcol and they were no help saying they could not give advice only that the ccj will be in the claim name and they can send me forms if I would like to amend it. I asked them to email them me and I now have them but I still dont know if to change the name. Name and address or neither? Its going to cost 40 pound to amend

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I wanted to keep as much info private but I will reveal some details.

 

I am a student and the company owes me money for work i did for them in the summer that they did not pay me for.

 

I claimed against the company trading name but they are registered as a limited company with limited after their trading name (i just wrote *companyname* not *companyname ltd* )and they are registered at another address with companies house different from the high street address.

 

Have I messed up? Do I need to change the name to *companyname limited* and do I need the address changing or can I use the high street address that I worked at?

 

 

 

 

You may face some problems by not using the correct Defendant's name. Without the "Ltd" bit at the end of the name on the judgment technically it is invalid as there is no legal entity stated.

 

You could risk it and hope nobody notices but you could end up wasting £60.00.

 

If you do decide to go for it us the business address, not the HO address.

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Not prepared to take risks. I have waited 6 months to get paid so a few extra weeks and for £40 amendment wont matter.

 

So I should change the company name then keep the high street shop address? Yes?

 

 

 

 

You don't need to change address on the CCJ just state the shop address in the Writ of Fifa.

 

Applying to amend the name can open a can of worms regarding service etc and alert the Defendant to apply to set aside the judgment. You may also have to pay the Defendant's costs of the application.

 

Seek legal advice ftima qualified and insured professional is my advice.

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So I should request judgement now?

 

The stage I am at is claim issued. their time to acknowledge service is up and I can request judgement

 

There time has passed to reply. My only concern was that they did not reply because I had not put limited after the company name so they knew I had messes up?

Edited by avocados
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Who was your actual employment contract with? That is the name and address you should use.

 

Have they ever given any reason for not paying you?

 

Do they have a reputation for doing this kind of thing?

 

It may be they haven't responded because they think the claim will be thrown out if the name is not correct.

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Who was your actual employment contract with? That is the name and address you should use.

 

Have they ever given any reason for not paying you?

 

Do they have a reputation for doing this kind of thing?

 

It may be they haven't responded because they think the claim will be thrown out if the name is not correct.

 

Had a little longer to think on it. I am going for the name change. Can't see it be allowed to be thrown out of court for that. Surely any judge with an ounce of common sense would see that I am just an average member of the public with zero legal knowledge and mistakes like this happen. For £40 I would prefer to guarantee to be able to enforce the CCJ.

 

No reason for not paying me. All that I have had is you will be paid next week, then sorry you will be paid the week after then more lies and delaying tactics. There is zero chance that they have any defence with the amount of evidence I have saved up.

 

No idea on their reputation but I am going to make sure that I totally destroy it if I don't get paid :mad2:

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On the N244 form there is two questions which I am not 100% about

 

3. What order are you asking the court to make and why?

...I know to put I would like to amend the defendants name from: xxxx. To: xxxxx Limited.

but why? Would " xxxx is not the full name of the defendant. The full name of the defendant is xxxx limited" be ok

 

And..

10.What information will you be relying on, in support of your application?

the attached witness statement

the statement of case

the evidence set out in the box below

...Should I tick evidence below? Then Is this ok... I was employed by a xxx called xxxx,

xxxx is owned by xxxx limited.

The money claimed is owed by xxxx limited

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  • 1 month later...

Ok update.

 

The name change was accepted by the court unchallenged by the defending company

 

I served the amended papers on them and they ignored again.

 

So I have now been able to request Judgement and I have received an email confirmation that it has been awarded.

 

Where to next?

Do I have to give the defendant reasonable time to pay the CCJ or am I able to push to enforce the debt straight away?

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Morning avocados,

 

I would send them a recorded delivery letter enclosing a copy of the Judgment and ask for immediate payment. Tell them that if you do not receive payment within seven days you will be instructing a High Court Enforcement Officer to visit them.

 

DD

 

Why give them advance warning?.....Wait for the judgment (N24) and check the payment order (forthwith/7/24/28 days)

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