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    • I would say so yes but ofcourse only in the years the charged it not running till today.
    • please complete this:     and scan up the PCN bothsides to one multipage pdf read upload   dx  
    • Must satisfy POFA if they want to ground Keeper Liability, so no Keeper liability, their RoboClaims always try to sue both as if they can jointly and severally, but the Courts should be looking at the was Driver or Keeper and chuck the claim out for being vague, but they don't  They might if POFA fails and they know they are onto a loser, might have a last gasp and try to rely on Elliott v Loake a criminal case so not applicable to a Civil claim, and CPS v AJH Films, again not applicable as is about employer/employee, they will do this to try to get someone to cough up before a case they know they are going to lose to salvage what they have already paid ou to go to court.  I would delete the  line   As the keeper of the vehicle, I decline as is my right to name the driver (s) at this time"  That is an oblique reference to the duty to name driver in a Criminal case, and is the Elloitt v Loake scenario.   Others will have better ideas, but lloking decent.
    • Good morning request sent off yesterday to moriarty law  but today got this load of tosh  Combine Jul 17, 2019.pdf
    • In response to your question, I have a copy of the title deeds showing ownership and also the leases. No idea what to do with that info though!   I should be most grateful if you would review the attached brief draft defence on page 1. The page 2 thoughts are a work in progress.   The POFA point is weak in my opinion, but having read a lot of analysis of the requirements, I haven't managed to come up with anything beefy.   I should be grateful for any ideas on that, as it seems like a failure to follow procedure would be a strong defence.   Also it asks for the driver's details on the PCN and then the claim states the Defendant was the registered keeper and/or driver, but I don't really understand whether there's a point of defence there.    DRAFT DEFENCE 1)      The claimant has failed to prove that VCS had a contract with the landowner (The West London Property Corporation Ltd.) in August 2015, and therefore failed to show either a legitimate interest in controlling parking at the Berkeley Precinct, or the authorisation to make charges on their own behalf, for any overstay in the carpark, including for first-time offenders (relevant to Tesco lease). (no response to CPR 31.14 request delivered and signed for at 10.32a.m. on 9th July) 2)      The claimant has failed to prove that VCS obtained a planning permit from the Sheffield Planning Department under the Town and Country Planning Act 2007 (also requested in my CPR 31.14 letter) and that there were prominent signs in existence at that time, showing clearly the terms and conditions for parking and the charge payable for any breach. Therefore, the three elements of offer, acceptance and consideration required for a contract were not met, and no contract existed. 3)      The claimant failed to issue the PCN in the timescale required under the Protection of Freedoms Act 2012 for keeper liability and, allowing for the 2 day delivery time afforded to Royal Mail, it arrived a day later than the 14 day deadline. The parking company has not met the keeper liability requirements and therefore keeper liability does not apply. The parking company can therefore only pursue the driver. As the keeper of the vehicle, I decline, as is my right, to provide the name of the driver(s) at the time. As the parking company have neither named the driver(s) nor provided any evidence as to who the driver(s) were, I submit I am not liable to any charge.    
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dr fox

Shortfall in NI Contributions

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Hi,

Got a letter in today with a demand of £600 for a shortfall in my NI contributions from 2011 - 2015 which was 100% my fault. The letter basically said if it was not paid then they would pass it to a debt collectorlink3.gif although no date was given as to when it had to be settled.

 

Called HRMC today and spoke to a guy who was great and advised that i could set up a payment plan but had to transfer me to their debt section to arrange this.

 

Got through to a very arrogant [removed] woman who asked for the full amount to be paid today. I explained that due to the time of the year and my tax bill that was due (Not her fault i know) that i didnt have a spare £600 to pay in one.

 

She told me she could take £190 today and the rest would need to be paid by January. Told her that i could pay £100 per month but she said no this is not something that can be paid over that length of time.

 

She then told me to get a small loan or borrow the money. I told her i wouldnt be willing to do this. She then asked me why i had called her if i wasnt willing to make payment. I really had to just put the phone down on her as i didnt like the way i was being spoken to.

 

Anyway, It was my fault and not theirs and I have to pay it. I could pay it all today but that kind of drains me over christmas.

 

So my question is there any way that i could get them to accept a payment plan or do i just give in?

 

 

Ta

Edited by honeybee13
Possible racist remark removed

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phone the person you first spoke to and tell them about the behaviour of the lady and say you want to make a complaint and who do you write to. Then explain about requiring 3 months to pay it off and say that you will not speak to that individual again so can they suggest an alternative. Try and record your conversations, even if it is with a dictaphone. Then if they are rude you can let them know afterwards that you have recorded them and will be sendinga copy of the tape in with your complaint.

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Hi and thanks for your reply.

 

I just bit the bullet and paid it off as i would be stressed having that over the christmas period. At least i can now be stressed at being skint over christmas unless the work come in again :|

 

When i called them it did say calls were recorded so i left feedback for the person who wasnt helpful. I honestly wasnt expecting to be spoken to like that so she caught me unaware.

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Ask for a copy of the recording.

You will then find out they have lost it or the recording equipment wasnt working that day.

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They have to be quite forceful when speaking to customers on the phone, otherwise they wouldn't get payments at all. Don't forget that this team deal only with people who owe tax, whatever the reason. Their aim is to get as many full payments as possible and knowing your tax history they have a good idea whether you can afford to pay or not. They have heard all the excuses and being a little short at Christmas won't wash with them, that just proves to them that you have the money. They see it as a priority debt regardless of where it sits in your list or priorities.

 

All calls to the debt team are recorded. The complaints team will listen to all your recent calls if you make a complaint.

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They have to be quite forceful when speaking to customers on the phone, otherwise they wouldn't get payments at all. Don't forget that this team deal only with people who owe tax, whatever the reason. Their aim is to get as many full payments as possible and knowing your tax history they have a good idea whether you can afford to pay or not. They have heard all the excuses and being a little short at Christmas won't wash with them, that just proves to them that you have the money. They see it as a priority debt regardless of where it sits in your list or priorities.

 

All calls to the debt team are recorded. The complaints team will listen to all your recent calls if you make a complaint.

 

It was class 2 National Insurance and she had all my tax information in front of her which shows all my tax returns are upto date as well as my tax bills. The bill that they sent had flagged up due to the new system where they now collect NI along with the tax. So i assumed that the class 2 was still being taken from my Direct debit but for some reason they stopped taking it. My fault for not noticing it but their fault for not collecting it for whatever reason, so when they send you a bill out of the blue i should been the one pSSd off but i owed it and paid it.

 

I appreciate that they do have to be forceful to get payments but i was phoning to arrange a payment plan but there is a difference between that and being arrogant and rude. No need for that when i was trying to pay.

 

I actually was struggling to also make her out, maybe there calls are sent to Nigeria !! Paid by bank transfer just incase !! Yep that was a dig !

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