Jump to content


  • Tweets

  • Posts

    • Makers of insect-based animal feed hope to be able to compete with soybeans on price.View the full article
    • Thank you for posting up the results from the sar. The PCN is not compliant with the Protection of Freedoms Act 2012 Schedule 4. Under Section 9 [2][a] they are supposed to specify the parking time. the photographs show your car in motion both entering and leaving the car park thus not parking. If you have to do a Witness Statement later should they finally take you to Court you will have to continue to state that even though you stayed there for several hours in a small car park and the difference between the ANPR times and the actual parking period may only be a matter of a few minutes  nevertheless the CEL have failed to comply with the Act by failing to specify the parking period. However it looks as if your appeal revealed you were the driver the deficient PCN will not help you as the driver. I suspect that it may have been an appeal from the pub that meant that CEL offered you partly a way out  by allowing you to claim you had made an error in registering your vehicle reg. number . This enabled them to reduce the charge to £20 despite them acknowledging that you hadn't registered at all. We have not seen the signs in the car park yet so we do not what is said on them and all the signs say the same thing. It would be unusual for a pub to have  a Permit Holders Only sign which may discourage casual motorists from stopping there. But if that is the sign then as it prohibits any one who doesn't have a permit, then it cannot form a contract with motorists though it may depend on how the signs are worded.
    • Defence and Counterclaim Claim number XXX Claimant Civil Enforcement Limited Defendant XXXXXXXXXXXXX   How much of the claim do you dispute? I dispute the full amount claimed as shown on the claim form.   Do you dispute this claim because you have already paid it? No, for other reasons.   Defence 1. The Defendant is the recorded keeper of XXXXXXX  2. It is denied that the Defendant entered into a contract with the Claimant. 3. As held by the Upper Tax Tribunal in Vehicle Control Services Limited v HMRC [2012] UKUT 129 (TCC), any contract requires offer and acceptance. The Claimant was simply contracted by the landowner to provide car-park management services and is not capable of entering into a contract with the Defendant on its own account, as the car park is owned by and the terms of entry set by the landowner. Accordingly, it is denied that the Claimant has authority to bring this claim. 4. In any case it is denied that the Defendant broke the terms of a contract with the Claimant. 5. The Claimant is attempting double recovery by adding an additional sum not included in the original offer. 6. In a further abuse of the legal process the Claimant is claiming £50 legal representative's costs, even though they have no legal representative. 7. The Particulars of Claim is denied in its entirety. It is denied that the Claimant is entitled to the relief claimed or any relief at all. Signed I am the Defendant - I believe that the facts stated in this form are true XXXXXXXXXXX 01/05/2024   Defendant's date of birth XXXXXXXXXX   Address to which notices about this claim can be sent to you  
    • pop up on the bulk court website detailed on the claimform. [if it is not working return after the w/end or the next day if week time] . When you select ‘Register’, you will be taken to a screen titled ‘Sign in using Government Gateway’.  Choose ‘Create sign in details’ to register for the first time.  You will be asked to provide your name, email address, set a password and a memorable recovery word. You will be emailed your Government Gateway 12-digit User ID.  You should make a note of your memorable word, or password as these are not included in the email.<<**IMPORTANT**  then log in to the bulk court Website .  select respond to a claim and select the start AOS box. .  then using the details required from the claimform . defend all leave jurisdiction unticked  you DO NOT file a defence at this time [BUT you MUST file a defence regardless by day 33 ] click thru to the end confirm and exit the website .get a CPR 31:14 request running to the solicitors https://www.consumeractiongroup.co.uk/forum/showthread.php?486334-CPR-31.14-Request-to-use-on-receipt-of-a-PPC-(-Private-Land-Parking-Court-Claim type your name ONLY no need to sign anything .you DO NOT await the return of paperwork. you MUST file a defence regardless by day 33 from the date on the claimform.
    • well post it here as a text in a the msg reply half of it is blanked out. dx  
  • Recommended Topics

  • Our picks

    • If you are buying a used car – you need to read this survival guide.
        • Like
      • 1 reply
    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
        • Like
      • 161 replies
    • We have finally managed to obtain the transcript of this case.

      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.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
        • Like
  • Recommended Topics

CT from 2009


style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 3637 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

Ida could you perhaps help me out a little. I am at a bit of a loss what to do.

 

My council produced an outstanding CT bill from 2009, and after a little bit of a dispute I agreed to pay in instalments. I paid my first instalment, then I have missed my second one, with the end result being my bill got sent to Charles Anderson. It turns out when I made my first payment to them, they applied it to my current bill, so it looked like I had never paid anything after making the arrangement. Now I am always in constant contact with my CT office, and I have repeatedly explained to them that I have ADHD and difficulties because of that. I certainly havent tried to avoid the problem, I just need them to be more help rather than hindrance.

 

Anyway, the be all and end all is that they are not willing to budge on this and I am obviously going to have to fight them. However, I have Charles Anderson breathing down my neck now and need some advice on how to deal with them. I would obviously like the council to act more appropriately, but that isnt going to happen in 2 weeks.

 

What can I do in the meantime? I feel I am being bullied here, and considering mental health problems, should not be victimised like this.

Link to post
Share on other sites

  • 3 weeks later...

Hi Madscot sorry for the late reply,

 

Ive made a thread of your own so can be seen.

 

Can you confirm if you have recieved a charge for payment?

 

What council? you can pm this info if you dont want to post on thread.

 

But keep everything else to here :)

Please contact a member of the site team if you are offered help off the forum for a a paid or no win no fee service.

 

Please consider making a small donation to help keep this site running

Click here to donate through PayPal (opens in a new window)

Link to post
Share on other sites

Its fine Ida, I wont give out grief to anyone who offers their time for people :D I am grateful.

 

Regarding the current situation, I got myself a charity to act as an advocate, and we have the council holding proceedings to give us time to sort it out.

 

The council in question is North Lanarkshire and as far as I am concerned they are nothing short of bullies. Throughout my adult life I have fought with them and been penalised by them, both financially and mentally.

 

This particular bill had a 10% surcharge added to it first, and now it has further charges incurred by Charles Anderson.

 

Throughout my dealings with NLC, I have repeatedly told them I have problems and asked them for help but they have absolutely no provisions in place for dealing with people who have mental health issues. Apparantly if you cant see it, it doesnt count.

Link to post
Share on other sites

Hi,

 

The amount due will have increased as there is an automatic penalty of 10% if a summary warrant has been granted against you.

 

Once a Summary Warrant has been granted as has in your case, the debt will be passed to the Sheriff Officers, you should contact the sheriff officers and come to a repayment arrangement. Make sure you come to an arrangement that you will be able to stick to. It is better to pay a little on a regular basis over a longer period of time than to try to pay too much, leave yourself short and miss payments.

 

As Ida has asked, have you received a 'Charge for Payment'.

 

If you have you will get time to pay these arrears, and are you up to date with your current council tax.

Any advice I give is honest and in good faith.:)

If in doubt, you should seek the opinion of a Qualified Professional.

If you can, please donate to this site.

Help keep it up and active, helping people like you.

If you no longer require help, please do what you can to help others

RIP: Rooster-UK - MARTIN3030 - cerberusalert

Link to post
Share on other sites

I am not sure if I have a "charge for payment" as I dont know what that is. I do have a summary warrant but I have basically fought them and had a hold put on the case.

 

As for my current council tax, its a mess as well. I have been waiting for more than 2 months on a decision on my CT, and nothing seems to be coming, so I just keep getting these demands and unpaid bills I dont understand. I have filled out their forms and phoned them to try and hurry them but still no result.

 

Everytime I ask for help from them to make this less complicated I just get refused.

Link to post
Share on other sites

I had/am having a dispute over council tax myself.

One thing I always do though is use email/letters to communicate where possible as it leaves a paper trail you can refer back to. Phonecalls are notorious for not being honored or traced if needed etc.

 

A letter or email (used to follow a phone call if you need to phone) allows you more time to plan what you say with any support you may be receiving.

 

Oh sounds picky but do not use the word vicitimisation. In your case it is not accurate. Disability Discrimination are the words you should be using. :)

Getting this right opens up, I imagine, a lot more room to maneuver if it comes down to the nitty gritty. Discrimination on the grounds of disability opens up all sorts of avenues so it is important to get this right.

 

FYI - Victimisation is receiving less favorable treatment due to you using a statutory right or procedure (Or aiding someone else that does) eg being bullied if you lodge a complaint or being a witness for someone that lodges a complaint would be some examples of victimisation.

 

Hope that helps a little, im sure someone with more knowledge will be along soon

PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 

 

 

 

The SabreSheep, All information is offered on good faith and based on mine and others experiences. I am not a qualified legal professional and you should always seek legal advice if you are unsure of your position.

Link to post
Share on other sites

Thanks for the comments Sabre. On re-reading my documents, the summary warrant was granted against me in 2009, and this is now a Charge for Payment they have issues. Just to give you guys an update, my council are behaving like spolied children. Ive had word from my advocate that the council basically arent speaking to them and CA are just restating what they said before.

 

This basically all happened because I became self employed and Ive had over 1k in council tax demands since October. So much for helping people.

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...