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    • I've read loads of old messages about what to do but feel my case is different, it's a bit of a back story so ill break it down. - Had a letter from an Italian province in July of 2020 for a speeding offence in 2019 for 575 euros, was in a hire car I used for work, no longer work for them and heard nothing from either. - Thought blimey, but went to pay it anyway, it had doubled to over 1100 euros, yeah I can't afford paying that, filled out the attached information sheet to say it was me driving but I have no money or job due to COVID (true story) and sent it back (durrrr) - Heard nothing until December of 2023, a letter from an appointed solicitor from Florence saying if I don't pay, we will chase you through the legal system with costs born by you. - May of this year, I get a letter from CLI (Credit Limits International) saying they have been appointed to carry out the collection, £1475. - Stupidly, I started the 'three letter process' asking for proof etc, and they replied a few days ago with a copy of the fines I had received from Italy, they stated the debt has no terms and conditions as it relates to a fine in Italy and the debt is not subject to the Consumer Credit agreement. I translate that to "at the moment we don't own the debt and have been given authority from Italy to pursue the debt". That is where I am currently at, I would begrudge giving in and paying an obscene amount. As seen from similar threads, I know a threat of a visit is coming, followed by a threat of court action, but annoyingly it hasn't been mentioned how these cases were concluded and the threads are now locked. I've read to ignore them, but can't help but feel that because it's such a substantial amount that they will feel it's worthy of pursuing this no matter the hoops they have to jump through. Along with admitting it was me driving and opening the can of worms by contacting the DCA, it wouldn't look good for me should it ever get to a courtroom.  Has anyone with previous experience managed to 'get away with it'? Anyone know what they're capable of other than nagging me? I'm not after any moral judgment. Forgot to add, got friends in Italy, and one of them rang the Police where the fine came from, and her reply was “Tell your friend it’s not a big deal, it’s only a speeding fine we’re not going to chase him, tell him in future to take his foot off the gas, however it he returns to a Italy and gets control checked, he would be held until the fine is paid”  A bit odd I thought, considering I am being chased now.
    • take the SD card out and put on a pc/laptop then run recuva on it in  select videos only option select specific location hit browse then select drive letter of the SD card. then next  then deep scan then go have a cup of tea..  when done dont recover the all files back to the card select a new folder on your pc/laptop        
    • hi all, i will list my curmcumstance first then list the details of the penalty charge - we are 2 diabled people being affected by the cost of living crisis and are skint etc. i am disabled with mobility issues(arthritis in knees and ankles and gout) and cant operate car pedals anymore so i let a friend up the road use my car in exchange for her driving me about. its a good arrangement as i get a 'chauffer' and she gets the use of car. the car is parked in her drive which is better as i was refused a disabled space (even on appeal) and too much congestion to park the car outside my house. my friend is vulnerable as she has suffered depression and suicidal thoughts since the loss of her mother a few years back, she is dyslexic, she is a carer for one of her sons that is disabled due to mental illness and mobility. she lives in a council house and cannot work. we went to iceland ..attracted by the 10items for £10 offer - we've never been there before. a large artic lorry was parked accross the car park blocking the view of one of the parking signs and blocking the disabled bays where the pay&display machine is. by the time she helped me out of the car and then went to see if it was pay&display then came back to me at the car she said she thinks it was pay even for disabled, so we looked for change in the car which we didnt have (she normally goes asda which dont need to pay for parking)so then we said we'd either go get change or go to asda...so then by the time it took her to help me back in and get out the car park took 15 minutes...5 minutes overstay past the 10minutes grace. the letter from excel parking came through and i sent it back giving her name as driver (before i saw on here that you shouldnt name the driver) then i appealed explaining what happened (lorry blocking etc) and even said we were being descriminated (advised by citizen advice)as we are disabled and 15minutes is not long enough for a crippled disabled man and a woman with dyslexia to read and understandd the sign and get out, then back in the car and look for change then get out the car park in 15minutes. i even explained she was a vulnerable person on anti-depressants and even sent a photo of medication and said if you need a doctors note then let me know....the appeal was rejected. i've emailed iceland over 50 times and they just wont tell excel to cancel this charge - they are ignorant and ive even asked them why they have a webpage saying 'iceland combatting the cost of living crisis' pretending to help their customers and they wont comment...they'd rather put more stress and anxiety on an already suicidal vulnerable person just to get money out of them..so their 'help' during this crisis is a lie as it wont even extend to disabled customers. she has now received 2 letters from DCBL saying she owes £170 for 5minutes of overstay. the last one is a final demand. as she cant read or write very well ive sent a recorded letter to DCBL (as advised by citizen advice) asking not to attend the property due to a vulnerable woman inside the property as it will only exasperate the situation, they have ignored it and basically said we dont care, you still owe. could anyone please advise - we are not very good with letters or these situations and are slow on the uptake.   1 The date of infringement? 28th dec 2023   2 Have you yet appealed to the parking company yet? [Y/N?] yes   If you have then please post up whatever you sent and how you sent it and the date you sent it, suitably redacted. [as a PDF- follow the upload guide]cant do that - will have to get my son to do it when he visits   Has there been a response? yes   Please AS A PDF FILE  ONLY ..post it up as well, suitably redacted. - follow the upload guide]cant do that - will have to get my son to do it when he visits   If you haven't appealed yet - .........DONT ! seek advice on your topic first.   Have you received a Notice To Keeper? (NTK) [must be received by you between 29-56 days] yes   What date is on it? 15th january 2024   Did the NTK provide photographic evidence? yes   [scan up BOTHSIDES to ONE PDF of the PCN and your NTK - follow the upload guide] please LEAVE IN LOCATION AND ALL DATES/TIMES/£'scant do that - will have to get my son to do it when he visits   3 Did the NTK mention Schedule 4 of the Protection of Freedoms Act 2012 (PoFA) [Y/N?] not on the front - maybe on the back but cannot find the letter now   4 If you appealed after receiving the NTK, did the parking company give you any information regarding the further appeals process? [it is well known that parking companies will reject any appeal whatever the circumstances] yes   5 Who is the parking company? excel   6. Where exactly [Carpark name and town] did you park? gravesend in iceland    
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Car mechanic problems!


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Ok understood. What is my position of he decides to wind up and start trading using another Ltd company? Would I be able to lift the veil?

 

No you would make a claim on the dissolved company...that is if you have sued a Ltd company and not an individual.

We could do with some help from you.

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No you would make a claim on the dissolved company...that is if you have sued a Ltd company and not an individual.

 

Yes I have sued a Ltd co

 

it has been agreed by a judge that Mr A's Company LTD is liable for the debt, you can not now decided well Mr A is to blame for it, you have told the judge Mr A's Company LTD did the work and he's agreed, therefore you can only claim the amount of money from Mr A's Company LTD and no-one else, regardless IF you think he's a sole trader, 2 people (company's or individuals ) can not be held liable for the same debt, unless 2 people enter in the the contract at the same time (and therefore both people would be on the court paper's)

 

even if I was lied to about who was doing the work??

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even if I was lied to about who was doing the work??

 

You are starting to complicated things now. The answer is as Liverpoolluke has said, whoever you sued is the one to chase.

If the business has wrapped up, you will have to find if there is an administrator or liquidator and apply to them.

I very much doubt it as a lot of garages are fly by night and just wrap their hand in at the first sign of trouble and start again

under a new name.

 

What is the name of this Ltd company ??

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even if I was lied to about who was doing the work??

 

I'm guessing but what he probably meant is that he was a "sole trader" in the sense that he is the sole director and employee of the limited company.

 

Nothing illegal about that.

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their company is currently active with only dormant accounts filed to date.

 

I have known the mechanic for years,

 

he is a very well known bmw specialist mechanic with very high labour rates.

 

he has been around for donkeys.

 

which is why I am now confused about why he has been filing dormant accounts for so many years and was not trading using another ltd company.

 

makes me think its been one massive tax fraud?

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this may be the case, sadly it's not something you can get involved with,

you decided in the first place to take Mr A's Company LTD to court,

you got a judgement against the LTD company,

the LTD company is the only person you can act on / serve papers to

 

I assume you got a written receipt from Mr A's Company LTD which is why you were able to get a judgement against them

 

you can of course speak to HMRC about any issues you have with secondary company's eat

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yes I have a receipt from the ltd co.

to me,

it doesn't make sense that I cant change the entity liable for the debt because essentially I was lied to.

it is fraud.

 

he has defrauded me,

probably the tax man too

and there is no comeback for me?

 

I know the tax man can get his money but apparently not me?

surely there have be to some work around within the law?

what do you mean by "secondary company's eat"?

 

help please....?

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if you have successfully sued and be awarded an amount from Mr A's Company LTD then it is only Mr A's Company LTD that has been ordered to pay, you could only ask bailiffs to act upon Mr A's Company LTD I don't think you could further sue Mr A as the matter has already be dealt with

 

You have been given the answer a few times and I've quoted liverpoolluke post to repeat your 'only' course of action.

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I just can't quite believe it.

 

that means that i could sell something to someone under a made up Ltd co name.

They sue me.

I go to court pretending that I own that fake Ltd co.

I lose in court.

 

Claimant tries to recover their money but can't because the company doesn't exist and there is no alternative for the claimant. Fraudster defendant gets away with zero penalty.

 

Just seems a crazy system to me....

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You're not getting this. You took a car to a garage for repair but are not happy with that repair so want a refund. The garage refuses so you take the garage to court.

 

On the court papers you issue it says xxx garage ltd. The court agrees with you and orders xxx garage ltd to repay you.

So far xxx garage ltd hasn't obeyed the court and repaid you, so you send in bailiffs to xxx garage ltd the name on the court suite you issued and the name the court ordered to repay you.

 

I can't see your problem.

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The problem is he said he was a sole trader in court.

He gave me an invoice with Ltd co name,

yes, but he could have made up any name.

 

 

say I owners a garage and I told everyone my Ltd co name was abc Ltd but it was actually xyz Ltd.

 

 

If someone wanted to sue,

they would sue abc Ltd

and I would never have to pay up

because everyone would be suing the wrong company.

This is what seems odd to me.

 

Also just received this letter from the courts which makes no sense to me at all ...

 

"Notice of transfer of proceedings

 

This claim has been transferred to the county court at central London for allocation.

On receipt,

the file will be referred to a procedural judge who will allocate the claim to track and give case management directions.

Details of the judge's decision will be sent to you in a notice of allocation. "

 

What is going on???

This makes no sense to me at all.

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You said it had been to court and a judgement given. That says it hasn't been to court and judgement been made.

 

A sole trader means he is the only owner so can keep all the profits himself.

Edited by Conniff
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Could this be happening if he appealed? I did not get any notice of an appeal.

 

I can take a pic and post it.

 

First letter received a few weeks ago...

 

Received today...

 

Truncated for obvious reasons...please click on the pics above to enlarge.

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I phoned them a few times last week to ask if the defendant had appealed,

they said they'd heard nothing.

And then I get this!

 

 

Monday first thing I will call.

I've had no notice at all from anyone about an appeal.

Is the defendant supposed to write to me if to advise if they are appealing?

 

Say he is appealing.

Can I send bailiffs round anyway?

Or is it a waste of money

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***UPDATE***

 

Called the court this morning.

Defendant has appealed!

They don't know on what grounds

because the file has gone to central London to a higher level judge.

 

Should I enforce??!!

Seriously confused!

 

Thanks in advance!

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You can start enforcement action as the judgment remains in force until it is set aside.

However you might be wasting your time & money as court rules include provision for enforcement action to be suspended if there are special reasons

- which can include an application to set aside judgment.

 

So even if bailiffs got you your money or seized goods,

it would only have to be given back if his application is successful.

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I would sit tight until the details of the appeal are decided upon.

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

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