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    • sorry she is a private individual, the cars are parking on her land. she can clamp the cars. only firms were outlawed from doing it bazza. thats what the victims of people dumping cars on their drives near airports did and they didn't not get prosecuted.    
    • The DVLA keeps two records of you. One as a driver and one for your car. If they differ you might find out in around a month when they will send you a reminder as well as to your other half for their car. If you receive nothing then you can be fairly sure that you were tailgating though wouldn't explain why they didn't pick up your car on one of drive past their cameras. However even if you do get a PCN later the your situation will not change. The current PCN does not comply with the Protection of Freedoms Act 2012 Schedule 4 which is the main law that covers private parking. It doesn't comply for two reasons. 1. Section 9 [2][a] states  (2)The notice must— (a)specify the vehicle, the relevant land on which it was parked and the period of parking to which the notice relates; The PCN states 47 minutes which are the arrival and departure times not the time you were actually parked. So if you subtract the time you took to drive from the entrance. look for a parking place and park in it perhaps having to manoeuvre a couple of times to fit within the lines and then unload the children followed by reloading the children getting seat belts on etc before driving to the exit stopping for cars, pedestrians on the way you may well find that the actual time you were parked was quite likely to be around ten minutes over the required time.  Motorists are allowed a MINIMUM of ten minutes Grace period [something that the rogues in the parking industry conveniently forget-the word minimum] . So it could be that you did not overstay. 2] Sectio9 [2][f]  (ii)the creditor does not know both the name of the driver and a current address for service for the driver, the creditor will (if all the applicable conditions under this Schedule are met) have the right to recover from the keeper so much of that amount as remains unpaid; Your PCN does not include the words in brackets and in 2a the Act included the word "must". Another fail. What those failures mean is that MET cannot transfer the liability to pay the charge from the driver to the keeper. Only the driver is now liable which is why we recommend our members not to appeal. It is so easy to reveal who was driving by saying "when I parked the car" than "when the driver parked the car".  As long as they don't know who was driving they have little chance of winning in court. This is partly because Courts do not accept that the driver and the keeper are the same person. And because anyone with a valid motor insurance policy is able to drive your cars. It is a shame that you are too far away to get photos of the car park signage. It is often poor and quite often the parking rogues lose in Court on their poor signage alone. I hope hat you can now relax and not panic about the PCN. You will receive many letters from Met, their unregulated debt collectors and sixth rate solicitors threatening you with ever higher amounts of money. The poor dears have never read the Act which states quite clearly that the maximum sum that can be charged is the amount on the signs. The Act has only been in force for 12 years so it may take a  few more years for the penny to drop.  You can safely ignore everything they send you unless or until they send you a Letter of Claim. Just come back to us if they do send one of those love letters to you and we will advise on a snotty letter to send them. In the meantime go on and enjoy your life. Continue reading other threads and if you do get any worrying letters let us know. 
    • Hopefully the ANPR cameras didn't pick up the two vehicles, but I don't think you're out of the woods just yet. MET's "work" consists of sending out hundreds of these invoices every week so yours might be a few days behind your partner's. There is also the matter of Royal Mail.  I once sold two second-hand books to someone on eBay.  Weirdly the cost of sending them separately was less than the cost of sending them in one parcel.  So to save a few bob I sent them seperately.  One turned up the next day.  One arrived after four days.  They were  sent from the same post office at the same time! But let's hope I'm being too pessimistic. Please update us of any developments.
    • New version after LFI's superb analysis of the contract. Sorry, but you need to redo the numbering of the paras and of the exhibits in the right order after all the damage I've caused! Defendant's WS - version 4.pdf
    • Hi  no nothing yet. Hope it stays that way 😬
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    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

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    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Hi all,

 

Hoping somebody may be able to shed some light on my question..

 

I have a judgment against an individual.

 

I have come to realise his name is misspelt on the judgment.

 

Have been advised by the court to make a formal application to correct this using an N244 form 'Notice Application'.

 

My question really is regarding what court fee I am supposed to pay.

 

Ive read the official fee guide but it doesn't make it very clear regarding this type of application.

 

Any thoughts?

 

Ive already emailed the courts to ask but thought somebody may have the answer on here.

 

Thanks in advance

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I think that it may be about £150 now. You will have to ask the courts.

 

Is the misspelling very serious? Was the case defended or was it a default?

 

If it was defended and he didn't object to the name then frankly I would proceed as is.

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Should be ex parte (without hearing ) fee is £50.

 

https://www.moneyclaimsuk.co.uk/creditor-and-claimant-questions-and-answers/can-I-change-the-defendant-name.aspx

 

You will have to have the Notice of Judgment re served in the correct spelling.

 

Andy

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Hi,

 

Thanks for the reply BankFodder and andyorch.

 

Its just a case of the name should be 'Stephen' rather than 'Steven'. The case was defended but then he didn't turn up. I've had it a while, even have a charging order on a property so name hasn't been an issue so far.

 

It's only become a possible issue for me as I'm going to issue a 'Third Party Debt Order'. I want to avoid any confusion with the bank and thought it best I get it updated to the correct spelling.

 

Thanks again for the response

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" It's only become a possible issue for me as I'm going to issue a 'Third Party Debt Order'. I want to avoid any confusion with the bank and thought it best I get it updated to the correct spelling."

 

:thumb:It would cause problems.......name must be correct

We could do with some help from you.

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" It's only become a possible issue for me as I'm going to issue a 'Third Party Debt Order'. I want to avoid any confusion with the bank and thought it best I get it updated to the correct spelling."

 

:thumb:It would cause problems.......name must be correct

 

 

Indeed..Forms ready to go..wish I'd come across this forum 18 months ago. May of made the whole process a little easier :)

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Hi all,

 

My post is fairly general in that I'm curious as to whether anybody has any experience in petitioning to make an individual bankrupt?

 

A little background..

 

In 2008 my father handed over a large amount of money to a family friend who promised to invest and pay back. To cut a long story short the money was never returned. We decided to action via county court, which we did and won. We are currently pursuing various enforcement actions but as you can imagine its proving difficult.

 

Getting to the point we have been discussing bankruptcy as a final course of action. We understand we may never see this money again but feel it may at least bring some closure for us.

 

Has anybody been down this route? How did you find the whole experience?

 

Any comments or experience welcome

 

Thanks in advance

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It will be a long, drawn out and complicated procedure that will cost you the best part of a grand upfront with no promise of a great return on the debt.

 

Have you considered a Charging Order?

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Thanks for the reply Ganymede. Yeah my assumption was a long drawn out affair. Yeah we have a charging order in place on a property the person owns already. The problem we have is ascertaining what, if any, value there is in terms of equity. We are currently attempting to use an 'order to obtain information' however its proving difficult due to the person evading personal service.

 

Ive read in other forums and what not that if a bankruptcy was granted then the debtors assetts and financial circumstances can be investigated. I strongly believe the person may have other substantial assets however it's very difficult to prove.

 

I don't mind the long drawn out part..nor the money involved in doing it to be honest..I guess I'm just looking for some closure on the matter one way or another.

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You won't get the full amount either as it's likely you'll only get a certain pence in the pound along with all the other creditors.

 

It will depend if the guy is insolvent.

 

I see, interesting point. I guess it would be a gamble as the person could potential owe dozens of people, thus reducing any money we would receive. If at all that is :)

 

I'm aware of one other CCJ that exists. Do you know of any means to determine who else he owes money too? Through my own fumbling around the internet it seems very unlikely due to DPA but thought Id ask anyways.

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I see, interesting point. I guess it would be a gamble as the person could potential owe dozens of people, thus reducing any money we would receive. If at all that is :)

 

I'm aware of one other CCJ that exists. Do you know of any means to determine who else he owes money too? Through my own fumbling around the internet it seems very unlikely due to DPA but thought Id ask anyways.

 

Debts that haven't reached IVA / CCJ stage - nothing 100% reliable (while still legal).

 

Is / was the debtor in a close relationship with anyone who might "dish the dirt", especially if they too have been bilked?

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https://www.gov.uk/government/organisations/insolvency-service

 

The above will show possible DRO,s and IVA,s...you can also check for further CCJ,s on the Registry Trust.

 

Andy

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If they are evading service of a court order to provide information, how do you plan to serve the statutory demand prior to commencing bankruptcy proceedings?

 

That's the million dollar question :) I have read other cases where an alternate method of service was used but I assume that would have to be sanctioned by a DJ. It's certainly an issue and need some serious thought on the matter.

 

As for 'dirt dishing' sadly not to my knowledge. He lives with his parents and quite frankly they are protecting him by lying about his identity. A good thought tho..perhaps a door to door canvas in his area would reveal something :)

 

Andy - thanks for the link, I will take a look at that.

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Is it time he won a competition?

 

(Did not the police lure some "baddies" out of hiding by telling them they won a competition? Is that urban legend??)

 

If the target enjoys "something for nothing" would that be an option to lure them out, and would it risk making a process server's "serving" invalid?

 

If the process server isn't aware of the "lure", would that invalidate the service?

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You would need to apply to Court for substituted service and then post the Stat Demand.

 

That was my understanding also. Thanks for the advice. It's fairly academic at the moment as we havn't decided whether its the right route for us but it's certainly helpful being able to clarify these details in advance.

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Is it time he won a competition?

 

(Did not the police lure some "baddies" out of hiding by telling them they won a competition? Is that urban legend??)

 

If the target enjoys "something for nothing" would that be an option to lure them out, and would it risk making a process server's "serving" invalid?

 

If the process server isn't aware of the "lure", would that invalidate the service?

 

Its a good idea as money, or the prospect of money, would certainly peak his interest. I intend to contact some process servers, i shall ask the question :) I'm sure we've all seen pleanty of american films where court documents were served through misdirection. A singing telegram comes to mind :)

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That was my understanding also. Thanks for the advice. It's fairly academic at the moment as we havn't decided whether its the right route for us but it's certainly helpful being able to clarify these details in advance.

 

I've served someone with a SD in the past.

 

It was a combination of believing it was "won't pay" rather than "can't pay", but also that I was in a position financially where I could take the chance they wouldn't pay up, and that I would have to fund the bankruptcy, but it was worth it to me ("por discouragez les autres" : that word would get around that it wasn't worth bilking me).

 

They knew it wasn't a bluff, and I felt it was worth the risk of loss to me for their case to bolster my reputation for "not bluffing" and making their life difficult. They paid up.

 

What I didn't know was that they had borrowed from me despite being in an IVA. (This came out later).

I don't know if that made matters worse (less likely for them to be solvent and be able to repay) or better (they didn't want their lies to their Insolvency Practitioner to come out!).

I can only presume they borrowed elsewhere to repay me : & I can only hope the new lender didn't get bilked!

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I saw some TV programmes where the creditor apply to the High Court for enforcement and a lot of the money was retrieved. Going the bankruptcy route you involve other creditors

 

Little use if it isn't a business as the debtor (so no right of entry to premises) in combination with the debtor not having seizable (/ apparent) assets.....

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Little use if it isn't a business as the debtor (so no right of entry to premises) in combination with the debtor not having seizable (/ apparent) assets.....

 

HCEO was one of the first enforcements we took. The reason being the person owns, or at least did own, a very expensive car. BazzaS is right however in that with it being non-commercial its difficult if not impossible to get results as all they need to do is simple refuse entry. I have allowed them to keep trying however if only to keep pressure on.

 

I'm glad your tactics worked BazzaS, always good to hear a success story :)

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If the error was the court's fault they should correct it without charging a fee under the so-called slip rule. Try a letter or email.

 

Hi legalistic, thanks for the advice. It was definitely our mistake from the get go. Spoke to the court who advised it should only be £50 so just gotta take it on the chin :)

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