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    • i point you to two threads whereby you'll see an explanation by andy (post 22 here) https://www.consumeractiongroup.co.uk/topic/410486-lowell-interim-charging-order-from-credit-card-debt-2009/?tab=comments#comment-4912902   and   https://www.consumeractiongroup.co.uk/topic/406428-remortgage-issue/   if yours says:    written notice of the disposition was given to XX Council ( - disposition = sold vis: disposed of) ..... notice means letter telling them it's been sold -    doesn't say it must be paid or settled BEFORE disposition..   that's the way i read it.          
    • dx100uk   You are absolutely correct. That's exactly what the wording is! And if that's the case then - happy days for me! However, I thought that:   1. This wording meant the conveyancing solicitor had to tell the council that the house was about to be sold so they were aware!   But you are saying that the council only needs to be informed AFTER the house has been sold? Can I tell the council that? [I think I've seen something on the internet that says I can, rather than the CS] Or do I need the conveyancing solicitor to contact the council?   2. That this wording wasn't a restriction K [as I'd looked at Schedule 4 of the Standard Forms of Restriction] and tried to match my wording to those listed - and thought restriction K was the closest.     3. That this was a non-standard restriction [and that's what the Land Registry told me too and that the restriction was not a Restriction K!!! [see extract below]   Please remember that when applying for a restriction not in standard form:   it must always contain the words ‘is to be completed by  registration’ rather than ‘is to be registered’. This will serve to make the effect of the restriction clear. The term ‘registered’, where used in any of the standard form restrictions, means the completion of a registrable disposition by complying with the relevant registration requirements prescribed in Schedule 2 to the Land Registration Act 2002 (rule 91(3) of the Land Registration Rules 2003), but this statutory definition only applies to standard form restrictions. Please note that we will not accept restrictions not in standard form for registration that contain the words ‘is to be registered’   So I'm confused now. IF it is a restriction K - then the conveyancing solicitor doesn't have to do anything and I can let the council know.   It seems it is dependent on the wording 'completed by registration' and 'is to be registered'???   Below is copied from Martin's MSE.   This relies again on the 'is to be registered' whereas my wording is ' completed by registration' which you say is restriction K and LR says is not.   I need to go to sleep now!   Thanks dx.   Extract from MSE below.   If your property is jointly owned a creditor will not be able to obtain a CO against you, they can only get what is called a restriction. The laws on Restrictions are totally different to Orders, the most important being there is NO OBLIGATION for you to pay any of the proceeds of the sale to the creditor. However, during the whole court process you go through the reference from all parties (especially the creditor) will be to charging order and NOT to restriction. This is done in order to deceive you believing you are stuck with a CO. However, not all solicitors are aware of the law in this regard and it is important that you raise this point with them in the first instance before proceeding with them Quote: Restriction The restriction which can be entered on the register where a charging order is made against one of joint proprietors is in the following form :- No disposition of the registered estate is to be registered without a certificate signed by the applicant for registration or his conveyancer that written notice of the disposition was given to [name of person with the benefit of the charging order] at [address for service], being the person with the benefit of /I]an interim[I/I]a final[I charging order on the beneficial interest of (name of judgment debtor) made by the (name of court) on (date) (Court reference.…).        
    • Hi Tony,   Please ensure YF does NOT acknowledge any debt  when confirming their new address.   They should simply state, " Please note my new address, as shown above."   Do not say anything about "a debt owed", or "the money you are chasing."   Do nothing that resets the SB Clock - ie acknowledging the debt and causing probs for the next 6 years. 
    • you ring you bank    
    • i suspect the charge on the Land registry site against the house reads:   2. (XX.XX.2007) RESTRICTION: No disposition of the registered estate is to be completed by registration without a certificate signed by the applicant or his conveyancer that written notice of the disposition was given to XX Council at P.O. Box XX, STREET, TOWN, POSTCODE, being the person with the benefit of a Charge under Section 22 of the Health and Social Services and Social Security Adjudications Act 1983.   ..............   that is a restriction k and is useless to the council, as all 'legally' your have to do is inform them AFTER the house has been sold . then it's too late money has gone.   dx
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uessh

PCN from Athena ANPR from Lidl Crowthorne

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I recived a Civil Parking Change Notice from Athnea ANPR showing photos of my car entering and departing Lidl Crowthonre on the 03/06/2015.

 

The Charge is £60.00 with a discount for paying early of £25

 

The Issue Date was 05/06/15

 

Photo shows my car entering at 09:22 on the 03/06/15

 

Next Photo shows my car exiting at 11:37 on the same day.

 

This would have exceed the posted 2 hour "Free" parking period by 15 minutes, total time in car park 02:15:14

 

What should i do?

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Obvious one for this one is to ask for proof that you were PARKED for that length of time and to remind them of the BPA code of practice regarding overstays of less than 15 minutes and ask them if they are willing to self-report to the BPA for their consideration as to whether the demand was properly issued as you certainly will.

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Thanks, is that because the driver is not visible in either photo?

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No, it is because if you identify the driver a contract is formed and they are f**ked as they have little chance of getting the claim beaten as a contractual obligation is formed in almost all circumstances. When the driver is unknown the parking co has a lot of hoops to jump through to get the keeper to be liable so the more hoops the greater the chances of them getting it wrong procedurally.

So, dont mention anything you have said as it means diddly squat and jsut keep the statement to them brief. Also, as ANPR dont belong to an ATA at present and are subject to a very recent court ruling they have little chance of claiming against the keeper as they have obtained those details unlawfully. If they continue to be stupid then they will never be allowed to join one of the Trade Associations and could get barred from using civil procedure (ie court) If they have a better Code of Practice than the BPA published somewhere then they can quote it but dont you be doing their work for them, make them pay for everything and get nothing.

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Again many many thanks, I assume that the best way to respond is as you described in my other post for the Lidi (Athena) one, i.e. by post with a receipt. I'll write up something later and check back here that is ok.

 

these bloody things are like buses, never had one before and now two in one week!

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reply as above, thy broke the CoP by issing and they should cancel.

They will nevr go near a court because once you quote a CoP they have to show why they dont stick to it and that means that they must have something better and they dont. If they persist then they cannot rely upon the PoFA to chase the keeper because they have obtained the details unlawfully.

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Please advise, if the follow is sufficenet or too much to send to Athena Ltd.

 

Athena ANPR Ltd

PO Box 306

Chertsey, KT16 6ED

 

Dear Athena ANPR Ltd:

 

Can you provide me with proof that my vehicle (xxxxx xxx) was parked for the claimed length of time in the ANPR notice of 2 hour 15 minutes and 15 seconds, in Lidl’s free car park on the 3rd June 2015?

 

The BPA has a code of practice regarding overstays of less than 15 minutes are you willing to self-report to the BPA for their consideration as to whether the demand was properly issued, before I do?

 

Your faithfully,

uessh

Edited by ploddertom
Removed identifiers

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Hi, is anyone able to confirm what I've written is ok to send please, I would like to send it today.

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That will do fine. They will reject your appeal as they want you to pay up but it will make then know that you are not a sucker.

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Hi Team,

 

I have received the attached from Athena,

 

They are asking me to send a receipt in, I have no idea if i have a receipt from that day or one earlier (I'm travelling with work and all Lidl receipts would be at home), normally I would not keep a receipt from there so it's unlikely i would have one.

 

I get the feeling they are either trying to get me to show who shopped there or that they had something to show Lidl they would drop it easily.

 

Your advise would be very welcome.

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That letter is dated the 19th, they must have had it ready printed before they got your appeal. Is there a postmark date on the envelope? seems to have taken a long time to get to you.

Perhaps they're trying to time you out for the appeal?

 

Personally I'd find some receipts and write back asking if they're going to allow your appeal and if not, provide a POPLA code which is going to cost them.


Illegitimi non carborundum

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Yup, tell them to go kiss themsleves, you will provide the evidence to a judge and if they want to see it they will get a copy then

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