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    • Makers of insect-based animal feed hope to be able to compete with soybeans on price.View the full article
    • Thank you for posting up the results from the sar. The PCN is not compliant with the Protection of Freedoms Act 2012 Schedule 4. Under Section 9 [2][a] they are supposed to specify the parking time. the photographs show your car in motion both entering and leaving the car park thus not parking. If you have to do a Witness Statement later should they finally take you to Court you will have to continue to state that even though you stayed there for several hours in a small car park and the difference between the ANPR times and the actual parking period may only be a matter of a few minutes  nevertheless the CEL have failed to comply with the Act by failing to specify the parking period. However it looks as if your appeal revealed you were the driver the deficient PCN will not help you as the driver. I suspect that it may have been an appeal from the pub that meant that CEL offered you partly a way out  by allowing you to claim you had made an error in registering your vehicle reg. number . This enabled them to reduce the charge to £20 despite them acknowledging that you hadn't registered at all. We have not seen the signs in the car park yet so we do not what is said on them and all the signs say the same thing. It would be unusual for a pub to have  a Permit Holders Only sign which may discourage casual motorists from stopping there. But if that is the sign then as it prohibits any one who doesn't have a permit, then it cannot form a contract with motorists though it may depend on how the signs are worded.
    • Defence and Counterclaim Claim number XXX Claimant Civil Enforcement Limited Defendant XXXXXXXXXXXXX   How much of the claim do you dispute? I dispute the full amount claimed as shown on the claim form.   Do you dispute this claim because you have already paid it? No, for other reasons.   Defence 1. The Defendant is the recorded keeper of XXXXXXX  2. It is denied that the Defendant entered into a contract with the Claimant. 3. As held by the Upper Tax Tribunal in Vehicle Control Services Limited v HMRC [2012] UKUT 129 (TCC), any contract requires offer and acceptance. The Claimant was simply contracted by the landowner to provide car-park management services and is not capable of entering into a contract with the Defendant on its own account, as the car park is owned by and the terms of entry set by the landowner. Accordingly, it is denied that the Claimant has authority to bring this claim. 4. In any case it is denied that the Defendant broke the terms of a contract with the Claimant. 5. The Claimant is attempting double recovery by adding an additional sum not included in the original offer. 6. In a further abuse of the legal process the Claimant is claiming £50 legal representative's costs, even though they have no legal representative. 7. The Particulars of Claim is denied in its entirety. It is denied that the Claimant is entitled to the relief claimed or any relief at all. Signed I am the Defendant - I believe that the facts stated in this form are true XXXXXXXXXXX 01/05/2024   Defendant's date of birth XXXXXXXXXX   Address to which notices about this claim can be sent to you  
    • pop up on the bulk court website detailed on the claimform. [if it is not working return after the w/end or the next day if week time] . When you select ‘Register’, you will be taken to a screen titled ‘Sign in using Government Gateway’.  Choose ‘Create sign in details’ to register for the first time.  You will be asked to provide your name, email address, set a password and a memorable recovery word. You will be emailed your Government Gateway 12-digit User ID.  You should make a note of your memorable word, or password as these are not included in the email.<<**IMPORTANT**  then log in to the bulk court Website .  select respond to a claim and select the start AOS box. .  then using the details required from the claimform . defend all leave jurisdiction unticked  you DO NOT file a defence at this time [BUT you MUST file a defence regardless by day 33 ] click thru to the end confirm and exit the website .get a CPR 31:14 request running to the solicitors https://www.consumeractiongroup.co.uk/forum/showthread.php?486334-CPR-31.14-Request-to-use-on-receipt-of-a-PPC-(-Private-Land-Parking-Court-Claim type your name ONLY no need to sign anything .you DO NOT await the return of paperwork. you MUST file a defence regardless by day 33 from the date on the claimform.
    • well post it here as a text in a the msg reply half of it is blanked out. dx  
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Backdoor Ltd Business Mobile Phone CCJ - Now Hceo visit


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Hi all. I had a business that has ceased trading as it didn't go as well as I'd hoped and I had a debt with a mobile provider. Cut a long story short, the debt was for £3400 and it has been passed to a HCEO.

 

I have found out that it went to court and a ccj was issued by default which has now been transferred to HCEO.

 

The business was registered at my home address just for administration purposes and there are no assets or anything to do with the business at my address.

 

Can the HCEO force his way I to my house and if so can he take my personal belongings. I have read that I have to prove that the items in my house belong to me or they can take them. How do I do this.

 

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Hi. I was a limited company.

The company has not closed down yet but is being processed.

 

 

As I said the company was registered at my home address but for a mailing address.

 

There are no business assets or anything.

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Yes it was. There was also no personal guarantee. I'm just concerned that the hceo will gain entry and take my personal belongings and I won't be able to prove they are mine.

Someone did say I could get a sword declaration that the goods in my home are my personal items but I don't know own if this is true or how I would do this.

*sworn*

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As long as it is your main home then there is no automatic right of entry and it would be a seriously bad idea to let him in.

He may only seize and/or remove goods belonging to the debtor - in this case the Ltd.

Just make sure there is nothing of value outside as he may believe they are the goods of the Ltd Co - the same goes for any vehicles.

Providing he does not gain entry or you let him in then there is no need to swear a Stat Dec which may not be believed anyway.

Do you have any detached buildings on site - if so then he does have the right to force entry to these if he believes there are goods inside that may help satisfy the debt. J

ust make sure you keep all your doors locked for now & if possible record each visit. It should not take him long to realise there are no pickings and the Writ should be sent back to the Claimant - who could instruct another HCEO of course.

There is one proviso to this and that is if you are leaving your Bentley or Ferrari on the drive next to your sea going yacht then they could apply for forced entry under the belief you had mad stacks of cash and had bought items rather than pay your debt, I imagine this is not your scenario but feel it fair to point it out.

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Thank you for the info. Unfortunately there is no stacks of cash. The only items of value are the TV'S and the kids games consoles. Nothing that's owned by the Ltd company or business related. Is it worth calling them to tell them this.

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What stage are you at with this.

If within the Compliance stage it can do no harm but they will still come to see for themselves.

If past the 7 clear days then I wouldn't bother as a visit will be imminent.

Just remember the debtor is the Ltd Co and if they have nothing then the debt dies.

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Thread moved to the appropriate forum

 

Andy

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If that is the Notice of Enforcement then in my view it is defective as it does not give the requisite 7 clear days. Depends on whether you want to be stroppy with them - considering they are going to be out of luck anyway.

Is your other thread http://www.consumeractiongroup.co.uk/forum/showthread.php?451371-Equita-hceo-at-my-door-for-ltd-company-suppliers-debt anything to do with this or was that a separate issue.

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