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    • OK thanks for that.   I have no prior correspondence with EXCEL and therefore have not admitted being the driver. As it happens, I wasn't.   They have not responded to my initial request for documents and therefore I have no details on planning permission. I guess I'll assume and assert that they haven't in the absence of them providing proof to the contrary.   Meanwhile, I've had a letter from EXCEL offering a reduced payment. I will attach this.   I'm wondering whether I should ignore the letter or respond. I will not accept the offer.   
    • Thanks for all responses I’ve been looking at other threads and now feel totally confused as I’m scared of actually having to go to court as I have no idea how to defend this! Torn between just setting up a payment plan and not wanting them to win! 
    • Thanks so much!    1. on planning permission my WS says: The signs did not have planning permission under the Town and County planning.  I have an email stating there was no planning permission from the council. The signs do not fall under deemed consent.  * Their WS says they do not need planning permission by being an approved operator of the trade association, and it is not for the  county court to determine planning permission.   2. Excel are trying to say I’m dishonest.  Their WS states my defence appears to be cut and pasted from websites relating to parking whose aim is to assist motorists on contesting PCN's. Large portions are non sensical and irrelevant to the claim   This is Unacceptable as the defendant has signed a statement of truth whilst clearly not being the defendants knowledge    Q Any comments?      Their WS states that I alleged I received no correspondence, and the onus is on the driver to update DVLA. I did update DVLA, but I moved numerous times due to domestic abuse. This was in my set aside and part of why it was granted. Evidence was provided at that time. Q Is this going to come up again?    *Also they question how I would be able to comment on the signs if I’m not the driver of the vehicle, as she would not have first hand knowledge, therefore it is the claimants position that she is being disingenuous.    I state that photos will be provided in my bundle. I actually haven’t submitted any but I do also know somebody who had PCN from the same carpark,   He gave me all his evidence etc, Mr Booth and he won his case. I linked to the parking pranksters article on it.  Q So is it ok to use such websites and to use photos from someone else?    Thanks    I put Excel to strict proof that any contract can exist  *Their WS states it falls foul of the unfair terms in consumer contracts regulations 1999(UTCCR 1999). Claims the regulations don't apply   This is the link to Mr Booth case who won on the signage  Also the PCN is completely blurred and illegible in their WS evidence  Is this another point?    I have his his email regarding planning consent, Mr Booth had an email from the town planning officer stating that in his opinion the signage would require planning consent     http://parking-prankster.blogspot.com/2017/01/excel-parking-v-booth.html?m=1   He had a number of lines of defence, but focussed on the poor signage in the car park. Excel Parking used BW Legal who hired a local solicitor to turn up. She wasn't that well prepared and had not bothered to bring printed copies of the case. When the Judge asked her to refer to defence photographs provided of poor signage she used her phone. Mr Booth admitted that he never bought a ticket - but this was because he never saw the signage signage in the first place and so no contract was entered into. Excel provided pictures of the signage, date stamped for August 2015, but the event was in March 2015. They also provided at the last minute a witness statement from the landowner stating he gave authority, date stamped September 2015. The PCN they sent in their Witness statement was a photocopy and completely blurred and illegible. Mr Booth's arguments were that; 1. Poor signage - there were "staff only" parking signs on the building wall next to where he parked - he questioned the claimant's right to sue someone parked against these bays 2. He questioned their authority to act on behalf of the landlord 3. He questioned whether the signage had planning consent. The Judge followed this through with Excel's representative: "Did they have a contract which said these bays were exempt or not exempt from Excel issuing tickets on the vehicles parked? As Excel had not bothered to supply a copy of the actual contract, the solicitor could not confirm either way. Regarding. planning consent, Mr Booth had an email from the town planning officer stating that in his opinion the signage would require planning consent, and that there was no planning application on file. The judge said if Mr Booth had only brought this point up he may have found differently. The judge clearly had doubts about the signs where any reasonable person would think the same and that the "staff only" signs would not lead them to think there was a requirement to buy a ticket. He took a recess for 10 mins then made his judgment. Claim refused - the parking signs cause confusion , and there was prof there was a contract which allowed the charges claimed. He went on to state that he was staggered that serial claims companies like Excel do not take a photo of the signs at the time of erection. Why do they wait until litigation to take photos. There was no evidence that the signs were there at all on the date.    
    • Not anymore now that the right have manipulated voters into voting for a conservative dictatorship.   All of what you've said is just another worrying aspect of what the future holds 
    • Just like all the rubbish spouted over the past 4 years, would, would, would.  What you really mean is COULD.    
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northwestbloke

How do I enforce a £5k+ court judgement against Royal & Sun Alliance Insurance plc ***Paid In Full***

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Hi, I recently brought a small claim online against a large insurance company (following a recorded delivery warning letter giving them 7 days to respond, which they ignored), they did nothing so when the appropriate time had expired I applied online for judgement against them, specifying I wanted the full amount, plus interest, costs etc, paid immediately (the original loss for which I claimed was 6 years ago). I now have the judgement as of 30th September, and confirmation arrived by post from the court yesterday.

 

The MCOL service show the next step as to issue a Warrant, but it then states that this is only possible for claims up to £5000. The judgement is between £5,000 and £10,000.

 

So, what would you recommend is the best way to get them to pay up? I'm looking for the easiest, rather than specifically the quickest method (though the quicker the better obviously).

 

Thanks in advance for any help.

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i'm pretty sure "bailiff advice" will be able to help point you in the right direction


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Try high court enforcement for advice.03330015100..

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Please tell us the name of the insurance company. Don't keep this all to yourself.

 

The best thing to do is to have the matter transferred to the High Court and then in force by High Court Enforcement Officers.

 

You will find several companies online which will do the whole thing for you. Check the writing carefully and make sure that you get a company which will not charge you anything if the enforcement fails. This is essential because otherwise if it fails, then you could be liable for the costs which can be substantial.

 

Move quickly on this. Don't bother to tell the insurers. Start the process immediately.


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This one – http://thesheriffsoffice.com/is probably as good as any. Don't forget what I said about making sure that you only have to pay the initial fee and then after that it is down to them to make the recovery


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This one – http://thesheriffsoffice.com/is probably as good as any. Don't forget what I said about making sure that you only have to pay the initial fee and then after that it is down to them to make the recovery

 

This in interesting information. In my thread 'lending money to a friend' would this advice be equally valid to me ?

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This in interesting information. In my thread 'lending money to a friend' would this advice be equally valid to me ?

 

Yes if your judgment is over 5K.

 

Andy


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This one – http://thesheriffsoffice.com/is probably as good as any. Don't forget what I said about making sure that you only have to pay the initial fee and then after that it is down to them to make the recovery

 

What happens if no recovery can be made..

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What happens if no recovery can be made..

 

Aborted fees payable by you.

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This in interesting information. In my thread 'lending money to a friend' would this advice be equally valid to me ?

 

Escalate to HCEO's : Yes.

Equally valid? Probably not.

 

The HCEO's will have right of entry to a business's address, and can take control of goods : so they can go into the insurance firm & say "pay up or we walk out with your computers".

 

A) they wouldn't have right of entry into an individual's private address

B) if there weren't assets to seize : you can't get blood from a stone.

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northwestbloke, I suggest you wait and see whether they apply to set aside or to appeal. The order should say how long they've got to do that.

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northwestbloke, I suggest you wait and see whether they apply to set aside or to appeal. The order should say how long they've got to do that.

 

Conversely, if the order says judgment forthwith : get the HCEO's in before they try for a set aside!

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Thanks for your replies. What I received in the post from the court is a "Notice of Judgment Entered" - it has my Claimant details top left, and the claim number, Claimant, Defendant and Date in a box on the top right, then for the judgment details below everything it just states "In accordance with your request, judgment was entered against the defendant on the 30th September 2015." - the rest of the page is blank (except for a standard footer with MCOL's details).

 

So, there's nothing about "setting aside" or appealing the judgment - but please let me know what action the Defendant can take.

 

 

When I called the court service for advice previously they said that the defendant has up to 30 days to pay up, but I could still go ahead immediately and apply for a "high court writ" and I was directed towards the http://www.hceoa.org.uk

 

I also found forms EX325 (which doesn't apply in this case as far as I can tell, but worth mentioning in case it's relevant to anyone else finding this thread) and EX321 (which seems to apply mainly to enforcing orders against individuals, not businesses) and EX322

http://hmctsformfinder.justice.gov.uk/courtfinder/forms/ex322-eng.pdf which refers to getting a High Court Writ using form N293

http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n293a-eng.pdf

 

Part 1 of that form N293 is quite clear, part 2 is for the court to complete, but I'm not sure who fills in Part 3 as it asks for a High Court Enforcement Number which I obviously don't have yet. It also looks like I need to specify a High Court Enforcement Officer or I can just specify the region (so presumably the court appoints an appropriate HCEO).

 

I'm still not entirely clear what I should do next. It looks like either get advice on using form N293 or otherwise to employ a HCEO to handle it all for me (whilst making sure I'm not liable for any fees). Does that sound about right?

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I personally would send the insurance company (recorded letter, probably also an email) a copy of the CCJ asking when payment will be made and stating that you will send the debt to High Court Enforcement Officers if payment is not made by 29 October (i.e. one month from the CCJ).

 

If the insurance company tries to have this set aside later, proving that you have done this would reduce the chances of the company trying to say that they should not have to pay the enforcement costs.


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Thanks for your replies. What I received in the post from the court is a "Notice of Judgment Entered" - it has my Claimant details top left, and the claim number, Claimant, Defendant and Date in a box on the top right, then for the judgment details below everything it just states "In accordance with your request, judgment was entered against the defendant on the 30th September 2015." - the rest of the page is blank (except for a standard footer with MCOL's details).

 

So, there's nothing about "setting aside" or appealing the judgment - but please let me know what action the Defendant can take.

 

 

When I called the court service for advice previously they said that the defendant has up to 30 days to pay up, but I could still go ahead immediately and apply for a "high court writ" and I was directed towards the http://www.hceoa.org.uk

 

I also found forms EX325 (which doesn't apply in this case as far as I can tell, but worth mentioning in case it's relevant to anyone else finding this thread) and EX321 (which seems to apply mainly to enforcing orders against individuals, not businesses) and EX322

http://hmctsformfinder.justice.gov.uk/courtfinder/forms/ex322-eng.pdf which refers to getting a High Court Writ using form N293

http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n293a-eng.pdf

 

Part 1 of that form N293 is quite clear, part 2 is for the court to complete, but I'm not sure who fills in Part 3 as it asks for a High Court Enforcement Number which I obviously don't have yet. It also looks like I need to specify a High Court Enforcement Officer or I can just specify the region (so presumably the court appoints an appropriate HCEO).

 

I'm still not entirely clear what I should do next. It looks like either get advice on using form N293 or otherwise to employ a HCEO to handle it all for me (whilst making sure I'm not liable for any fees). Does that sound about right?

 

Not unknown for companies to apply for set aside, with reasons against the claim and the claim going missing, so they did not have chance to respond.

 

You might want to send an HCEO to the Insurers to gain quicker payment and to embarrass them. I am sure an HCEO will tell you exactly what needs to be done in completing the paperwork and once the court has actioned these, they will take over enforcement.

 

But you could send the Insurers head office a copy of judgement asking them to pay by x date or you will elevate for high court enforcement, which would add significant addtional costs for them to pay. They may choose to settle quickly and then you don't have to mess around.


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Thanks everyone. The 30 days is nearly up and today I've instructed High Court Enforcement, based on the recommendation of a solicitor who's been dealing with a personal injury claim for me (I came off a motorbike a few years ago, small incident but fractured arm etc). I had also googled The Sheriff's Office for reviews and there weren't many good ones (from the point of view of a claimant i.e. their customers). The first step is for me to pay the £60 fee to have the case "moved up" to the High Court by the solicitors that HCE use, then they'll go and collect on the debt. If they're unsuccessful they charge a £75+VAT Compliance Fee (both TSO and HCE charges were identical - maybe they're regulated fees) - although that's unlikely in this case of course, being a multi billion pound business.

 

I probably should have instructed HCE weeks ago, although it might provoke the Defendant to apply for it to be set aside and I'm told that the longer they put off applying, the less chance of the court approving such an application. Whatever the case, I can't turn back the clock and I've instructed as of today.

 

I'll let you know how things go.

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I wonder what assets the head office of the insurer would have that the enforcement officers could take away?

 

You haven't said what kind of insurer they are or what the original debt is all about?

 

In any event be prepared for a set aside application from the Insurance Company.

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,

I wonder what assets the head office of the insurer would have that the enforcement officers could take away?

 

You haven't said what kind of insurer they are or what the original debt is all about?

 

In any event be prepared for a set aside application from the Insurance Company.

 

Quite a lot in my experience. They have artworks on boardroom walls often worth thousands. All the chairs, furniture etc.

 

They will pay up pretty quickly to save embarrassment.


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I wonder what assets the head office of the insurer would have that the enforcement officers could take away?

 

You haven't said what kind of insurer they are or what the original debt is all about?

 

In any event be prepared for a set aside application from the Insurance Company.

 

As I understand it, they can take whatever they want until they estimate they have enough stuff that can be auctioned to realise enough to pay the debt and their fees.

 

This relates to a non-injury road accident I was involved in with a driver whose motor insurance cover was provided by the company in question. I chose not to claim via my own insurance (though I notified them, as one is required to do) and claimed directly off the other driver's insurance company.

 

In normal circumstances it's difficult to prevent the other driver's insurance company from finding out who one's insurance is provided by (in order that they can deal directly with one another over the incident/claims), by virtue of the fact that vehicle details are required to be entered on the MID (Motor Insurers Database), but in my case cover was provided under the umbrella of an "any car" policy and whilst there is a minimum period after which it is mandatory to log a vehicle's details on the MID, in this case I hadn't had the vehicle long enough, so it wasn't on it. Hence, due to my large excess (four figures) and full but non-protectable NCD (which would likely also have meant a significant 4 figure increase to the following year's premium - unless liability was settled as 100% the other driver's fault, which he disputed), rather than claim via my insurance I set about claiming directly off the other driver's insurance company. They could have settled ages ago, but they didn't and I didn't chase it until the 6 year limit for bringing a claim was looming. As mentioned already, I wrote by recorded delivery and they ignored it, they also seemingly ignored the court claim, the result of which is that I now have judgement against them. They haven't yet applied to have it set aside and the next steps are to get the High Court Writ and then the enforcement officers will be knocking on their door (and yes, I did check their address to which I issued the claim was still current and correct, so there's no excuses for them not knowing about it).

 

Can they apply to have it set aside when there are enforcement officers present at their premises?

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As I understand it, they can take whatever they want until they estimate they have enough stuff that can be auctioned to realise enough to pay the debt and their fees.

 

This relates to a non-injury road accident I was involved in with a driver whose motor insurance cover was provided by the company in question. I chose not to claim via my own insurance (though I notified them, as one is required to do) and claimed directly off the other driver's insurance company.

 

In normal circumstances it's difficult to prevent the other driver's insurance company from finding out who one's insurance is provided by (in order that they can deal directly with one another over the incident/claims), by virtue of the fact that vehicle details are required to be entered on the MID (Motor Insurers Database), but in my case cover was provided under the umbrella of an "any car" policy and whilst there is a minimum period after which it is mandatory to log a vehicle's details on the MID, in this case I hadn't had the vehicle long enough, so it wasn't on it. Hence, due to my large excess (four figures) and full but non-protectable NCD (which would likely also have meant a significant 4 figure increase to the following year's premium - unless liability was settled as 100% the other driver's fault, which he disputed), rather than claim via my insurance I set about claiming directly off the other driver's insurance company. They could have settled ages ago, but they didn't and I didn't chase it until the 6 year limit for bringing a claim was looming. As mentioned already, I wrote by recorded delivery and they ignored it, they also seemingly ignored the court claim, the result of which is that I now have judgement against them. They haven't yet applied to have it set aside and the next steps are to get the High Court Writ and then the enforcement officers will be knocking on their door (and yes, I did check their address to which I issued the claim was still current and correct, so there's no excuses for them not knowing about it).

 

Can they apply to have it set aside when there are enforcement officers present at their premises?

 

No as that would take time, but they could apply for a stay of execution to stop HCEO action. Pretty unlikely. They will just pay up, if they have not taken any actions already e.g already applied for set aside and will ask court to look at urgently


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Thanks. By way of an update, the High Court Writ has been obtained and HCE have written to the company concerned giving 7 days (working days plus 2 days postage - so nearer 2 weeks in reality) to pay up otherwise enforcement officers will visit.

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Well, the time expired and the job was passed to an Enforcement Agent on Saturday. When I spoke to him this afternoon he'd been looking forward to the job and was going to it as his first job this morning. On his way, however, he was notified that the Defendant had paid up in full. HCE have now confirmed that they have the total amount of my judgement, a statutory £111.75 (which effectively includes a reimbursement of the £60 fee I pre-paid to have the matter moved up to the High Court) and £80 in interest. However, they're bound to keep hold of it for 14 days before sending it to me.

 

It's fair to say I'm happy with the outcome and the process itself wasn't too arduous (it would have been a lot different if the Defendant had decided to respond and could perceivably have counter-claimed too). I'll reveal who it was once I've banked the cheque.

 

For now, I just need to dispose of the damaged vehicle that's been in storage for over 6 years.....

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Excellent ...well done NWB delighted that this has been resolved.

 

Thread title amended to reflect your success.

 

Regards

 

Andy


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Just a quick note to say I received the cheque from HCE and it's now cleared my account. The legal department of the insurance company in question have since been chasing me to confirm in writing that the debt is satisfied so they can get it removed as a black mark on their record. I did email but had to put that it was subject to clearance of the cheque. I can't say I'm all that inclined to be helpful and quickly forthcoming given how slow they were, but all's well that end's well I suppose.

 

Anyway, I said I'd reveal who it was once it was all settled. It was Royal & Sun Alliance Insurance plc, Parkview House, Victoria Road South, Chelmsford, Essex CM1 1NG. The date of the judgement was 29th September 2015.

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