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    • Your only hope is asking for discretion on the grounds of well you didn't realise you had to pay online you expected a toll booth, you didn't see any sign of any penalty charge amount and basically it's your first time using this toll bridge and you were unaware of the process,.   In the past, for 1st time offence, Merseyflow have responded rejecting the appael but on this one occasion have reduced the penalty to the toll fee.   You might be lucky.
    • Yes, Manxman has put you on the right track.   You need to perform a Statutory Declaration (to declare, on oath, that you knew nothing of the court proceedings against you). You must do this within 21 days of learning about your conviction. You can either do so at a Magistrates' Court for which you will need to make an appointment. They may not be able to fit you in within 21 days but so long as you explain to the court that it was the earliest date available they will accept your declaration. Alternatively you can make the declaration before a solicitor. They may charge you a small fee (£5 - £10).   Once this is done the conviction you have (for failing to provide driver's details) is set aside. The prosecution will almost certainly start proceedings again and in many areas they are now doing so immediately following your statutory declaration. Ideally it would be best if you could see the prosecutor before the court sits (ask when you check in at reception) and offer to plead guilty to the speeding charge provided the FtP charge is dropped. It is a common deal which is usually readily accepted. Under no circumstances should you plead guilty to either offence until you have had the chance to discuss this deal. If the deal is refused you should maintain Not Guilty pleas to both charges. They cannot convict you of speeding (they have no evidence you were driving) and the trial for FtP will be held at a later date. You can then consider your position for that offence.   If they do accept your offer to plead guilty to speeding you might try asking if you can be sentenced at the Fixed Penalty level (£100 and three points) provided the speed is low enough (let me know the speed/limit and I will tell you if it qualifies).. Magistrates have guidance enabling them to do this which says this:   Where a penalty notice could not be offered or taken up for reasons unconnected with the offence itself, such as administrative difficulties outside the control of the offender, the starting point should be a fine equivalent to the amount of the penalty and no order of costs should be imposed. The offender should not be disadvantaged by the unavailability of the penalty notice in these circumstances.   But first things first - make arrangements to do the Stat Dec.
    • This is an article from a couple of years ago about how someone won against the council, but it does mention that there are two sets of signs.   https://www.dailypost.co.uk/business/business-news/driver-wins-appeal-over-mersey-13931137   HB
    • Let them go back to court and then force them to produce everything they wont.
    • Impotrant   https://content.govdelivery.com/accounts/UKHMCTS/bulletins/24c3af1 How will the new process work? The process for applying for a warrant of control will remain the same; creditors will continue to use the existing application routes of either a paper application form via a local court or an electronic application on Money Claim Online (MCOL). Following a successful application, the warrant is issued to the relevant Warrant of Control Support Centre. The centre will then manage the warrant for approximately 12 days. During this time, trained staff will: Attempt to contact the debtor by telephone or SMS, using any contact details provided on the warrant application form. They will check that the debtor is aware of the judgment; speak to them and inform them that a warrant of control has been issued; and provide them with further information about next steps, available options and signpost them to debt advice services. Identify potentially vulnerable debtors and will offer additional support via specialist agencies. If a debtor is identified as potentially vulnerable, still will inform the creditor and ask how they wish to proceed.
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    • My personal experiences of Future Comms 
       
      Don't touch them owe me £500 since January 2019 make excuse after excuse. Seem they always have software problems sending money out. Keep saying they will call back or email nothing been chasing it now for 6 mths the phone staff always have the same banter we will chase it up and get back to you then nothing!
      • 0 replies
    • Future Comms is a Big Con. How to get out of it. Read more at https://www.consumeractiongroup.co.uk/topic/417058-future-comms-is-a-big-con-how-to-get-out-of-it/
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      • 4 replies
    • Future Comms issues. Read more at https://www.consumeractiongroup.co.uk/topic/416504-future-comms-issues/
      • 5 replies
    • This is a bit of a lengthy one but I’ll summerise best as possible.
       
      THIS IS HOW THE PHONECALL WENT 
       
      I was contacted by future comms by phone, they stated that they could beat any phone contract I have , (I am a limited company but just myself that needs a business phone and I am the only worker) 
      I told future comms my deal, £110 per month with a phone and a virtual landline, they confirmed that they could beat that, £90 per month with a phone , virtual landline  they also confirmed they would pay Vodafone (previous provider) the termination fee. As I am in business, naturally I was open to making a deal. So we proceeded. 
      Future comms then revealed that the contract would be with PLAN.COM and the airtime would be provided by 02, I instantly told them that this would break the deal as I have poor 02 signal in the house where I live as my partner is on 02 and constantly complaining about bad signal
      the salesman assured me he would send a signal booster box out with the phone so I would have perfect signal.
      so far so good.....
      i then explained this is the only mobile phone I use for business and pleasure, so therefore I didn’t want any disconnection time in the slightest between the switchover from Vodafone to 02
      the salesman then confirmed that the existing phone would only be disconnected once the new phone was switched on.
      so far so good....
      • 14 replies
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If I send a letter before action, can the person I am claiming against then submit their own claim to court against me??

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Yes hopefully after they have sent you their LBA....and have grounds to submit a claim....unless you submit yours first

 

 

Andy


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so they have to submit to me a letter before action too??

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Any party that is instigating litigation " should " follow the PAP


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