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    • Thanks @lolerzthat's an extremely helpful post. There is no mention of a permit scheme in the lease and likewise, no variation was made to bring this system in. I recall seeing something like a quiet enjoyment clause, but will need to re-read it and confirm. VERY interesting point on the 1987 Act. There hasn't been an AGM in years and I've tried to get one to start to no avail. However, I'll aim to find out more about how the PPC was brought in and revert. Can I test with you and others on the logic of not parking for a few months? I'm ready to fight OPS, so if they go nuclear on me then surely it doesn't matter? I assume that I will keep getting PCNs as long as I live here, so it doesn't make sense for me to change the way that I park?  Unless... You are suggesting that having 5 or so outstanding PCNs, will negatively affect any court case e.g. through bad optics? Or are we trying to force their hand to go to court with only 2 outstanding PCNs?
    • That is so very tempting.   They are doing my annual review as we speak and I'm waiting for their response once I have it I will consider my next steps.    The debt camel website mentioned above is amzing and helping to. Education me alot    
    • Sending you a big hug. I’m sorry your going through this. The letters they send sound aweful, and the waiting game for them to stop. But these guys seem so knowledgable and these letters should stop. Hang in there, and keep in touch. Don’t feel alone 
    • In my time I've never seen a payout/commission from a PPC to a landlord/MA. Normally the installation of all the cameras/payment of warden patrols etc is free but PPCs keep 100% of the ticket revenue. Not saying it doesn't happen mind. I've done some more digging on this: Remember, what your lease doesn't say is just as important as what it does say. If your lease doesn't mention a parking scheme/employment of a PPC/Paying PCNs etc you're under no legal obligation to play along to the PPC's or the MA's "Terms and conditions". I highly doubt your lease had a variation in place to bring in this permit system. Your lease will likely have a "quiet enjoyment" clause for your demised space and the common areas and having to fight a PPC/MA just to park would breach that. Your lease has supremacy of contract, but I do agree it's worth keeping cool and not parking there (and hence getting PCNs) for a couple months just so that the PPC doesn't get blinded by greed and go nuclear on you if you have 4 or 5 PCNs outstanding. At your next AGM, bring it up that the parking controls need to be removed and mention the legal reasons why. One reason is that under S37(5b) Landlord and Tenant Act 1987,  more than 75% of leaseholders and/or the landlord would have needed to agree, and less than 10% opposed, for the variation to take place. I highly doubt a ballot even happened before the PPC was bought in so OPS even being there is unlawful, breaching the terms of your lease. In this legal sense,  the communal vote of the "directors" of the freehold company would have counted for ONE vote of however many flats there are (leases/tenants) + 1 (landlord). It's going to be interesting to see where this goes.  
    • @Whyisitthisthank you very much for asking. I am still feeling anxious, especially when someone rings the doorbell, or when I receive a letter I feel a it paranoid. I stopped going to the shops unless I really have to. I shop online now. When I see security I feel paralised. 
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Money claim N1


Abbtt
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Hi, I am thinking to raise a small claim case against a MNO via post and I need some helps filling in the form. Any inputs will be greatly appreciated.

 

In the heading of the form (Pg1) it asks about

"In the [Do I write my local county court here or something else?]

Fee Account no. [Does this refer to my bank account number which will be used to pay the court fees? What exactly should I write here? or Can I just leave it blank?]"

 

For "Value" and "amount claimed", not a fixed or specified amount of money to be recovered as I am currently still being charged by the company until I win my case and have all my previous payments refunded. In this case can I simply write [expect to recover no more than £xxxxx] in the "Value" section, then tell the court [i expect to recover court fees and previous payments made to the company] in POC, and leave "Amount claimed, court fees, Legal representative’s costs" blank??

 

I believe that I have to send 3 copies of my claim to the local court as one will be for the court, one for the defendant and one for me right? Do I have to send any documents to support my case at this stage?

 

Thank you in advance for all your help. :-D

Edited by Abbtt
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Thank you Rebel11. It really helps me a lot. Just one last question, Fee Account no. [Does this refer to my bank account number which will be used to pay the court fees? ] Cannot seem to find any information regarding this part. Thank you.

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It can't be your bank account account number, reason is 'where would you put your sort code'? That box is an addition to the N1 Form, I think it's for the Court to fill in, I'll double check for you.

 

Thank you Rebel11. It really helps me a lot. Just one last question, Fee Account no. [Does this refer to my bank account number which will be used to pay the court fees? ] Cannot seem to find any information regarding this part. Thank you.
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That N1 if you are issuing through Salford manually...if its a money claim issue through MCOL

 

https://www.moneyclaim.gov.uk/web/mcol/welcome

 

Regards

 

Andy

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It can't be your bank account account number, reason is 'where would you put your sort code'? That box is an addition to the N1 Form, I think it's for the Court to fill in, I'll double check for you.

 

Thank you. :whoo: I've tried to google it but cannot seem to find anybody ever mentioned it before. On the form it seems that there are only 2 sections that needed to fill in by the court which are Claim no. and Issue date.

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That N1 if you are issuing through Salford manually...if its a money claim issue through MCOL

 

https://www.moneyclaim.gov.uk/web/mcol/welcome

 

Regards

 

Andy

 

Thank you Andy, for sharing the link with me.

I personally do not want to raise the claim online but via post.

And I just really have no ideas of what this Fee Account No is referring to.

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Thank you Andy, for sharing the link with me.

I personally do not want to raise the claim online but via post.

And I just really have no ideas of what this Fee Account No is referring to.

 

 

 

 

 

 

 

 

Leave it blank. It's not for individuals to worry about.

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  • 3 weeks later...

Hi,

 

I posted the N1 form (3 copies of everything and the postal order) to the court on 23rd May and expected one copy would be returned to me with my case number on very soon.

 

It's been more than a week, and I've still received nothing back from the court. I am quite worry at the moment and wondering if it has got lost in the post.

 

I would just like to ask if anybody knows how long in general it takes to receive the case number from the court please.

 

Any help will be greatly appreciated.

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threads merged

 

please keep to one thread

 

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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Hi Abbtt

 

You need to stop worrying, it's only been 5/6 days, that's if you believe they open envelopes immediately, they probably sit there for a few days, so it's almost zero days.

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What Court did you send it to?

 

Are you sure you paid the correct fee?

 

If it was the County Court Money Claims Centre in Salford then you need to give them a bit more time. Usually a 2 minimum turn around time.

 

Yes I sent it to the County Court Money Claims Centre. I am sure I paid the correct fee as I posted the form in the post office.

 

threads merged

 

please keep to one thread

 

dx

 

Thank you!!

 

Hi Abbtt

 

You need to stop worrying, it's only been 5/6 days, that's if you believe they open envelopes immediately, they probably sit there for a few days, so it's almost zero days.

 

Thank you. This is my first ever money claim, and I have no ideas of how long the court takes to register and process my claim, and am worried whether the court actually received the form.

I think I will just have to be more patient and wait for a few more days.

 

Thank you for all your helps

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Hi Abbtt

 

You need to stop worrying, it's only been 5/6 days, that's if you believe they open envelopes immediately, they probably sit there for a few days, so it's almost zero days.

 

That's complete nonsense.

 

All letters are opened by the court and if there is a cheque etc then it is dealt with on that day.

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Where have I said they aren't opened, I am saying they aren't opened immediately, I suspect it depends on the staffing levels, it doesn't matter if there is a cheque or not, it's to do with the volume of claims. So there's someone sifting the mail looking for the envelopes with cheques, lol.

 

That's complete nonsense.

 

All letters are opened by the court and if there is a cheque etc then it is dealt with on that day.

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Where have I said they aren't opened, I am saying they aren't opened immediately, I suspect it depends on the staffing levels, it doesn't matter if there is a cheque or not, it's to do with the volume of claims. So there's someone sifting the mail looking for the envelopes with cheques, lol.

 

 

 

All post is opened on the day it is received by the Court and does not sit there for days unopened like you said.

 

Applications or Claim Forms etc with cheques are pulled out and dealt with that day.

 

The rest of the post goes in a pile to be dealt with in date order.

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Where have I said they aren't opened, I am saying they aren't opened immediately, I suspect it depends on the staffing levels, it doesn't matter if there is a cheque or not, it's to do with the volume of claims. So there's someone sifting the mail looking for the envelopes with cheques, lol.

 

All post is opened on the day it is received by the Court and does not sit there for days unopened like you said.

 

Applications or Claim Forms etc with cheques are pulled out and dealt with that day.

 

The rest of the post goes in a pile to be dealt with in date order.

 

Thank you, for all your help!

I will wait until next week Wednesday.

Hope that I will receive my case number from the court soon.... :-)

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