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    • 4.3(4) The court serves the claim on the defendant by sending a paper version of the completed online claim form to the defendant at the postal address given for the defendant. https://www.justice.gov.uk/courts/procedure-rules/civil/rules/practice-direction-51r-online-court-pilot Practice Direction 6A, paragraph 4.1 says: “[w]here a document is to be served by fax or other electronic means the party who is to be served or the solicitor acting for that party must previously have indicated in writing to the party serving – “that the party to be served or the solicitor is willing to accept service by fax or other electronic means; and “the fax number, e-mail address or other electronic identification to which it must be sent.” This means that delivery or sending court documents by email is not service, unless the other party expressly consents to it.
    • This should be a matter for the School Head to deal with, have you been to see them?
    • Just a very interesting point for the witness statement when needed, is that all the missives they've sent are demanding £160. The claim, again issued by their "expert" solicitors, is trying to extort £170. Naughty!
    • Fraudsters copy the details of firms we authorise to try and convince people that their firm is genuine. Find out why you shouldn’t deal with this clone firm.View the full article
    • Please have a look at the letter below. I made a couple of further refinements. We will try to finish it for tomorrow so that you can get enough tomorrow evening.   Also, I did ask you whether the same toilet which you installed was used to the new installation – you haven't answered this. Any reason for that? I also asked you about obtaining a statement from your electrician and you didn't respond to that either. Any reason for that? Also, I can't remember if I did ask you – had you already made a snagging this? I think I did ask you to give us a list of the snags but I don't think you respond to that either. It will be very helpful if you did address questions that we put otherwise the whole thing takes much longer much more than is necessary. In the end we will need information from you. You will have to provide it
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    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • 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.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 161 replies
    • 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.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Can you help ?

 

My daughter has been informed by our old next door neighbour that the current occupants of our old address have passed to them a Final Notice which was delivered to the address yesterday by an enforcement agent from Marstons.

 

 

It states that their client is Highways England.

 

The notice states that

"despite previous notices and attendances I shall attend to take control of goods and remove for sale by public auction"............ Balance due £425.50

 

My daughter left that address probably two years ago and I left about eighteen months ago.

Neither of us have received any other mail / notifications / phone calls or any such contact relating to this unknown issue.

 

 

I had mail forwarding for three months but received no related documents.

 

As it mentions Highways England I presume it relates to a traffic offence maybe ?

 

 

On checking my daughters vehicle documents

I can see that she has over looked the updating of the address on her vehicle log book, which would explain why they have approached that address.

 

Presumably there has been previous correspondence which has not been forwarded.

The notice although addressed to my daughter and sealed, has been opened so that the owner of my old address as well as my old next door neighbour have viewed this document prior to it reaching us.

 

Before we make contact with these people,

what should I be aware of and what are our rights regarding the final notice ?

 

Any help would be much appreciated. TIA

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Did a google search and highways England are responsible for dartford crossing. Was reading an article about people getting fines because the anpr camera got the reg wrong.

 

I'd contact highways England first to see what it relates to.

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The letter regards the very popular Dartford Crossing.

 

A word of warning......many times, it transpires that there are actually two penalty charge notices (one for the southbound crossing and another for the northbound crossing.). It's worth calling Dart Charge to make enquiries. Your daughter will need to provide them with her vehicle registration number. She needs to also ask for the date of the crossing.

 

The regulations provide for Highways England to send all notices to the address registered at DVLA. If your daughter has moved, then the statutory regulations provide that your daughter needs to submit an Out of Time witness statement with the Traffic Enforcement Centre. She will need forms TE7 and TE9.

 

You say that your daughter has not updated her address details with DVLA. She should make sure that she does so as soon as possible. Has she updated her driving licence?

 

Once she has spoken with Dart Charging, please post back and I can advise further.

 

PS: Once the Traffic Enforcement Centre process your daughter forms, bailiff enforcement will be placed 'on hold' for approx 6 weeks

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Spoke to Dart charges who confirmed the outstanding charge for last June. They gave me the date and ref. and told me to contact Traffic Enforcement centre. I have been online and printed off the two forms that you mentioned.

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Can I just make a couple of corrections here.

 

Firstly, it is Highways England that make the decision as to whether or not to accept a late witness statement. If Highways England advise the Traffic Enforcement Centre that they wish to OPPOSE the application, then....and only then will the TEC staff look over the application to see whether the rejection was right or wrong.

 

Secondly, very recent changes have been made regarding Out of Time witness statements which may well mean more being accepted. Presently, according to official figures approx 60% are rejected. From the vast amount of experience (over 12 years) that I have had with these applications, a high percentage of applications are rejected because they are poorly completed.

 

I would agree with you that failure to update address details can be a negative sign but should certainly not be a reason for not submitting the application

 

Lastly, I have never yet come across anyone being fined for failing to update their address on their V5C when they move. However, I have come across many bailiffs frightening debtors with such a claim.

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We have completed TE7 and TE9 forms and also added evidence of new address prior to date of offence. We were going to post but noticed we are able to email them which is obviously quicker. Is this wise or should we still post them?

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We have completed TE7 and TE9 forms and also added evidence of new address prior to date of offence. We were going to post but noticed we are able to email them which is obviously quicker. Is this wise or should we still post them?

 

Always email. Unfortunately, the 'cut off' time for processing of the applications is 4pm so the witness statements will not be processed now until tomorrow.

 

If you get the forms over this evening, they should be processed mid morning tomorrow and with any luck, Highways England should receive notification early afternoon.

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