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    • There will be no issues with a course offer if the dates are as you say. The usual cut off is four months from the date of the offence. This is so as to give the driver the time to accept the offer and take the course before prosecution becomes "timed out" at six months.   However, if the NIPs really were the first to be issued and there are no issues with the address details then both have a cast iron defence to the speeding allegation. The first is dated 20 days after the alleged offence and the second 23 days after the alleged offence. The Road Traffic Offenders' Act makes it quite clear that if a NIP is not served within 14 days of the alleged offence then no prosecution can take place. But as I said, late first NIPs are very rare and both need to check all the details I have mentioned before they decline any out of court offers of a course or Fixed Penalty.    For information, courses are normally offered for speeds up to (Limit +10% + 9mph). Only one course of any type can be taken in three years (with the date of the offences being used to calculate that period) and courses are not offered in Scotland. However, if a driver is not offered a course for any reason when he would normally qualify (including late NIPs) he has no right of appeal to have one offered. If the matter goes to court the court has no power to order a course.
    • My grievance against my manager is on Wednesday at 12.00 noon. A union officer is representing me. The representative for my manager is a product manager. I was told today that she is the Daughter or a Step-Daughter of the manager. Is this a conflict of interest? Am I correct in saying that, because the manager is the subject, the hearing has to be carried out by a person higher than the manager such as a director? if so, the product manager is not entitled to carry out the hearing. I'm pretty certain that I read this in law books. My Brother is a licensed union chairman but has since left his previous employment.  He is certain that I am correct . Any help would be gratefully appreciated.   diecastdave
    • Ok cool many thanks!  Much appreciated...I will check everything out now and answer all those questions!
    • Sorry,  its regular outgoings of payments. It’s income related they’re on, not contribution based.  Mum and applicant were totally unaware of the rules in regards to deprivation of capital.   On income related ESA but claim housing benefit and council tax support.   He hasn’t came into a huge chunk of money. It’s been spent over a duration of four years. appointee’s livid, and worried that he’ll be homeless.  
    • Hi all           I spoke to the courts earlier today and they advised me that the points placed on my licence were removed in October 2019, and that a court date is set for November 26th. Guess what ??? I had not been given that info either. The courts were very helpful and explained to me that everything had been sent to my previous address (which I have not lived in or owned for 5 years) The car in question was registered in March 2016 and I have owned since new and has never been registered to my old address. I have proof of this down to the point of not taxing the car March 2017 as the car was zero tax I did not realise I still had to go online and tax it, the summons for that was sent to my current home address.  it is very strange that the police directed everything to my previous address. i then contacted the police on the number given by the courts and was told to forward proof I was out of country at time of offence for them to look at, the police officer was very understanding and quite helpful giving the information. I have to e mail her tomorrow and will give an update when I know more as this previous address thing is really confusing !!!  
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jennyanydots

Court summons from GREENBELT GROUP ADVICE **Discharged for £400 from +£2k**

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That does not sound correct to me Jenny.....you don't have an account with them?

 

Useful links...

 

http://www.lease-advice.org.uk/documents/Service_Charges.pdf

 

http://www.legislation.gov.uk/ukpga/1980/58

 

Andy

 

I know I said that to the judge - I told him that I had never made any payment to account in 9 years and that I had been trying to obtain detailed breakdowns of costs.

 

but he agreed with them based on the following:

 

Schedule 2, paragraph 1 of the 1973 Act, which is headed ‘Appropriate dates for certain obligations for purposes of Section 6’. Apparently allows for postponement of the starting date for the running of prescription, beyond the date which would apply to payment for each separate transaction. The starting date becomes the date on which payment became due for the last supply of goods or services, provided that they were supplied in a series of transactions and charged on continuing account.

Not really sure what to do now?

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Did you use any information as regards to the test case where owners won the right to remove the burden from their deeds?

 

If not,why not?

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Did you use any information as regards to the test case where owners won the right to remove the burden from their deeds?

 

If not,why not?

 

I wasn't given the chance to say much at all 64 cases called in 1 hour its all very fast moving..

 

this hearing was simply for them to demonstrate why in their view it wasnt time barred and to provide copies of all invoices and statements.

 

that's why its now been set to proof to give us both a chance to argue it out...

 

Today I also made a complaint to these people : https://hohp.scotland.gov.uk/contact-us they investigate breaches in property factor code of conduct.

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What exactly do you do next then?

Have you been told to get more proof?

Can you bring more more evidence to the judge ,for example the test case, you believe that the burden you have is invalid and therefore unenforceable?

Have you looked a the burdens in the title deed/Land certificate?

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What exactly do you do next then?

Have you been told to get more proof?

Can you bring more more evidence to the judge ,for example the test case, you believe that the burden you have is invalid and therefore unenforceable?

Have you looked a the burdens in the title deed/Land certificate?

 

The proof as far as I understand it is where both sides can tell the whole story and then judge decides the outcome - Im not totally sure but that's what i understand it as.....

hoping someone here can advise what i need to do now... do i need a solicitor to represent me at a proof?

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You can do it yourself as LiP

 

4-going-to-court---cases-raised-on-or-after-1-december-2009 (1).doc

 

 

4.20 to 4.23


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That link you put up on post 46 is very empowering for you jennyanydots.

 

I too have studied this verdict for a number of months and have found it invaluable.

 

I am sure you too have the same or very similar deeds as these residents,would be very suprised if you did not.

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I have had my small claim hearing.

 

The judge read over my defence and has referred the case to later in the year for another hearing/ judgement.

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No activity since July Jonny...but she would have had an email for each of your posts.

 

Andy


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Sorry I haven't been on in a while.

 

I received a letter from their solicitors prior to the date of hearing

(after showing the photographic evidence of their failures)

they were seeking to settle for £1000,

 

 

I refused but offered to settle it for £400 to save me going to court again and they accepted this offer

 

I paid and they sent me a letter to say it was discharged.

 

Hope all goes well with your case :)

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thanks for updating

thread title amended

 

 

dx


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thanks for updating

thread title amended

 

 

dx

No problem

 

The original debt claimed was just under £2000 + fees and costs

 

They made an offer to settle with me for £1000

 

But they agreed to settle for £400

 

Many thanks for all help

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to me that shows they were trying to fleece you and all the others. too

 

 

thanks


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Same kind of situation. not paid 9 years greenbelt didnt do the work bad areas in street with very poor

maintenance.

 

BUT,

 

other half filled in court summons to make payments, she didn't contest. , this was around 4 weeks ago

 

so they have won decree at £2500,granted

 

4 days ago got a letter saying as the won decree if we dont pay they will send sherrif officers.

 

how can we contest decree after they win decree, as 50% of the debt is statute barred?

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?472928-was-take-to-court-by-GREENBELT-GROUP-ADVICE-they-got-decree

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There were another 2 or 3 cases called when I went but no-one turned up to defend thus degree was granted for them.. i just kept disputing although in court the debt was established as not statute barred because it was a recurring contract.

 

I basically submitted as much photo evidence as possible to prove their breach of contract for failed performance... thats when they started communicating re settlement outwith court.

 

good luck

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Thanks jenny great help!!


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

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There were another 2 or 3 cases called when I went but no-one turned up to defend thus degree was granted for them.. i just kept disputing although in court the debt was established as not statute barred because it was a recurring contract.

 

I basically submitted as much photo evidence as possible to prove their breach of contract for failed performance... thats when they started communicating re settlement outwith court.

 

good luck

 

Good info jenny thank you.

 

Ive got plans from council showing land they own, and service, behind my house they own but dont service and said the passed it to a sister company green belt energy i think, same address same staff etc, but i guess if they put it under that they dont service,

 

any way this land 16ft high weeds, wrecking our fencing had to hire gardeners for last few years to cut back,

 

you think this would be worth bringing up in court even though they say its not them ,but another limted company owned and run by all the same staff and ceo :)

 

 

I guess it cant hurt give all photos and plans to judge.

 

court date 5th jan

 

have other info to raise that court they gonna be surprised with.

Edited by Positive1

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There were another 2 or 3 cases called when I went but no-one turned up to defend thus degree was granted for them.. i just kept disputing although in court the debt was established as not statute barred because it was a recurring contract.

 

I basically submitted as much photo evidence as possible to prove their breach of contract for failed performance... thats when they started communicating re settlement outwith court.

 

good luck

 

Hi. Not sure whether you are aware of this but there are a lot of Scottish homeowners having their deeds amended by the register of Scotland after the test case. Just write to them and quote the marriott case and they'll sort it in a few days.

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That will be Michael Joseph Marriott and another (applicants) v Greenbelt Group Limited (respondents).

 

This is the Lands Tribunal Scotland link for above: http://www.lands-tribunal-scotland.org.uk/decisions/LTS.TC.2014.27.html

 

This link from the Law Society of Scotland The Journal: http://www.journalonline.co.uk/Magazine/61-1/1021197.aspx


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Yes that time again when I shall be in court shortly with that lot!

 

Will be interested if anyone has had any dealings in court recently.

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Yes that time again when I shall be in court shortly with that lot!

 

Will be interested if anyone has had any dealings in court recently.

 

I have had my hearings, now awaiting the verdict, will update once I have that.

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