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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

ParkingEye Welcome Break Warwick (South) PCN

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I received a PCN from ParkingEye for parking at the Welcome Break Warwick (South) services for 4 hours 40 minutes on the 22/05/20015

 

I received the PCN today, the 12/06/2015

 

the Parking charge is £100 discountable to £60 payable by the 07/07/2015

 

I was completely unaware of there being a time limit to parking there, it was dark and i have no idea if there are visible signs or not. I expect there are signs, but were they illuminated I've no way of knowing, it was dark and late i was knackered from driving back from Liverpool after a full days work.

 

Clearly i did park more than 2 hours as i fell asleep in the car, but what course of action do i take, pay the £60 and take it on the chin?

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Well, they are over the 14 days allowed by the PoFA to issue the demand to the keeper of the vehicle. Tell tham that this is the case and they should refer the matter to the driver at the time, who you are unable to identify for them.

Never ever identify the driver unless that person expressly wishes to take on the parking bandits as it removes the protection of the conditions of the PoFA.

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Thanks Ericsbrother, Do I tell them that by letter/email or on there website thing?

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By letter and get a certificate of posting from the post office. This is free and is as good as registered for evidence purposes.

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Will create the text later tonight and check it's validity in here, then post as you describe in the morning, many many thanks.

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a simple "you are timed out for keepr liability under the PoFA so do not write to me again" will suffice. The say that if they disagree then they shopuld provide a POPLA code so you can make them look stupid in public.

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I intend to send the following in letter form to ParkingEye, getting a recipt of posting from the post office, OK or not OK?

 

uessh

My address

 

16/06.2015

 

ParkingEye Ltd

PO Box 565

Chorley, PR6 6HT

 

Ref Number No. XXXX/XXXXX

Dear ParkingEye Ltd:

 

You are timed out for keeper liability under the Protection Of Freedoms Act, please do not write to me again.

 

If you disagree then please provide a Parking On Private Land Appeals code.

 

Yours faithfully,

uessh

Edited by ploddertom
Removed Personal details

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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 just fine. They should just drop the matter as they would otherwise have to pay a fee for your POPLA appeal and there is no chance of winning that.

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ericsbrother thanks so much, i'll get this in the post in the morning with a certificate of posting , as advised.

 

Many many thanks

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Have today received a letter from DRP aka Debt Recovery Plus Ltd.

 

I realise they are trying to claim money they have not ownership of,

do I write to them or ignore altogether? "

 

 

Our client has written to you recently about the unpaid parking charge detailed above.

As they have not received payment, they have referred the matter to us for collection"

 

I never heard back from ParkingEye regarding the original late notice,

but did send the latter and would have kept the posting record,

but now have no idea nearly a year later where that might be.

 

Any advice would be welcome.

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Ignore, then ignore some more..

If you feel like doing somehting ignore that thought as well.

 

Why do you think they have given it to a buch of scary letter writers

rather than answering your point as an appeal and then giving you a POPLA code?

 

 

they know it has no legs but many people think that dca's are bailiffs a

nd will seize your furniture so they pay up.

 

 

Have a look at the amount claimed-I bet it is more than the original charge.

Ask yourself why this is when you have not entered a consumer credit agreement with DR+

that would allow then to add something to the "debt".

 

 

they rely on fear and ignorance to get people to pay them.

It obviously works a great deal of the time so they continue.

 

 

The reality DR+ are lot licenced to handle client money so if the debt was real

and you paid them and they failed to pass on the money to the creditor

you would still owe the money! that is how honest the whole business is.

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Got it, am blissfully ignoring now.

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Do not ignore an LBA or court papers from PE though....

 

The point of getting the proof of postage was to, er, prove you posted something to PE! This is exactly the situation as to why we recommend doing it...

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