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    • Thanks for the welcome Andyorch   dx100uk - I have had 2 previous addresses since coming back to the UK.   Does this mean I should not ignore?   
    • I would be inclined to rip their WS apart. That way, I doubt that VCS would wish to proceed to Court.  In paragraph 5 VCS claim they have full compliance with their Code of Practice for Private Enforcement and Private Land. Really? Can this be the same VCS that was issuing PCNs between 2013 and 2017 knowing that the signage there had not been agreed by Liverpool council and therefore the signage was illegal. Here is an open letter from the Parking Prank   Tuesday, 19 November 2013 An open letter to Simon Renshaw Smith of VCS parking regarding Liverpool John Lennon Airport   19/11/2013 Dear Mr Renshaw Smith,   I wish to draw your attention to the procedural impropriety in your operational activities on the approach roads within Liverpool John Lennon Airport.   You are actively operating under contract to issue civil penalty tickets (PCN’s) for traffic offences on the roads such as stopping at the roadside, whether for seconds, minutes or even longer, or for parking on the roadside verges.   You are doing so based on an allegation of contractual agreement for a breach of parking conditions and are actively sending out a notice to keeper in each case where you ask for the name and address of the driver. You are doing this under the provisions of the Protection of Freedoms Act 2012.   As you are no doubt aware, due to your many years of experience in emptying people’s wallets, where land is governed by byelaws the remedy for any breach of conditions of those byelaws is through the criminal courts, such as a magistrates.   Not only that, since the byelaws set an amount of penalty for failure to comply with them; a further amount based on your own assessment is unlawful at best and perhaps even fraudulent.   A set of the byelaws for the Liverpool Airport have now been obtained from a reliable source, Liverpool City Council,  which sets out the airport’s stance on roadway use, or misuse. It also lays down a penalty upon summary conviction for a breach of the byelaws of £5 for the 1st offence and a further amount of 40 shillings for a continued daily breach.   I put it to you that these byelaws govern the airport’s penalty regime for the alleged contraventions you are enforcing. In fact there is no penalty for stopping at the roadside. There is no offence committed so there can be no penalty unless it can be proven in a magistrate’s court that this action amounted to a failure under para 14: “Driving or placing a vehicle carelessly or dangerously or without due consideration for persons using the airport”   Para 18 gives notice that a “failure by the driver of a vehicle to comply with any direction for the regulation of traffic given by a constable or any person acting on behalf of the council or a traffic sign” will be subject to the penalty regime of the aforementioned £5 plus 40 shillings per day afterwards.   The mention of the traffic signs and the council's part in the overall monitoring means that the signs must be compliant to the TSRGD which are those shown for the public highways; not the ones arbitrarily stuck at the roadside by yourself which are meaningless in the context of the legal status of the byelaws.   Furthermore, POFA 2012 3(1)(c) states that Schedule 4 only applies on land on which the parking of a vehicle is not subject to a statutory control. It further states (3)For the purposes of sub-paragraph (1)(c) the parking of a vehicle on land is “subject to statutory control” if any statutory provision imposes a liability (whether criminal or civil, and whether in the form of a fee or charge or a penalty of any kind) in respect of the parking on that land of vehicles generally or of vehicles of a description that includes the vehicle in question.   The byelaws state at para 2.19 that the following act is prohibited. The penalty for this is a fine not exceeding five pounds.   POFA 2012 therefore does not apply, and you may therefore only pursue the driver and not the registered keeper. Moreover, you may only pursue them for the sum of five pounds.   Knowingly pursuing the registered keeper when POFA 2012 is an offence which the DVLA take extremely seriously and may ban you from access. The BPA wrote to you in their electronic newsletter this month reiterating this.   I put it to you, Mr Renshaw Smith, that your company is operating unlawfully at the Liverpool Airport site and ask what you intend to do since this has now been brought to your notice.   May I remind you that since this is an unlawful operation, you may well be required at some later time to recompense the amounts of the PCN’s already paid by drivers, and perhaps face tough questions in a court of law, not just a civil court.           Happy Stopping Briefly At the Roadside   The Parking Prankster   The Prankster would like to thank his source for the above   I am sure that you will find other examples of VCS not complying with Code of Conduct or the Law.   And of course VCS do not have the ability to take you to Court because you were a trespasser and only the land owner can take a trespasser to Court.          
    • Yes ...you have it confirmed by the court above that they requested a copy of the Order/Consent on the 2/08/2019....and then requested judgment on 21/08/2019 .
    • blimey J&P   I wonder how many more solicitor firms UAE creditors will try and use as a cheaper alternative to IRDWW and their cohorts that appear to have cost them £1000's in fees for nothing in return.   if this is not a letter of claim  pers i'd ignore them unless you have previous UK addresses since coming to the UK?
    • Thats the idea.....any further flaws with the reconstituted agreement ? They will be able to rely on a recon given that the agreement is post April 2007 but it must be accurate and a true copy of the agreement used from that date.   Andy
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Gourger20

Extremely worried - HA applying for warrant of possession - rent arrears.

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Nah I didn't try that. I sort of gave up trying to reason with them since it's obvious they will not budge unless I pay everything in full before the eviction goes ahead. Not sure what Shelter could say differently other than what I've already said and offered to pay.

 

My Housing Officer made it clear nothing would work, only paying everything in full will. All he said was to wait for an eviction date and then to apply for a Stay of Eviction as I mentioned previously. He said the HA would only agree to a stay if the arrears were paid off in full.

 

The court is really my only option I feel. My HA are in an "all or no can do" mode. If they didn't like my current plan, it just seems pointless trying to reason with them or get someone else to do it for me.

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I'm just still wondering whether I should be setting aside the order or simply revoking it. Revoking it sounds like something I should be requesting, but I'm not sure. I have to make sure the letter I write is up to standard and proper, so I want to do it properly and not miss anything or request something that's not feasible for my circumstances.

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Another question (apologies for asking too many questions): does the fact that the court granted permission for a warrant mean that the HA already have the date of the eviction and/or have applied for bailiffs? Or do they need to make another application to the court in order to get the warrant itself (which would give me more time I suppose)?

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I'm just still wondering whether I should be setting aside the order or simply revoking it. Revoking it sounds like something I should be requesting, but I'm not sure. I have to make sure the letter I write is up to standard and proper, so I want to do it properly and not miss anything or request something that's not feasible for my circumstances.

 

 

Well contact Shelter... they will help you with a letter/negotiate with the HA


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Another question (apologies for asking too many questions): does the fact that the court granted permission for a warrant mean that the HA already have the date of the eviction and/or have applied for bailiffs? Or do they need to make another application to the court in order to get the warrant itself (which would give me more time I suppose)?

 

Already advised in posts#18 & 19

 

And you cant revoke it...its suspended and your still in arrears

 

Andy


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Yeah I read those posts. The post said they have been granted permission to issue it (which I know as the N24 order stated this) but it does not really say whether or not they actually have the warrant and are just waiting to send it to me. It just says that they have been given permission to issue one.

 

Are there any additional steps they need to follow in order to now issue it to me, or can they simply send me a date of eviction immediately? I.e. the post says they cannot just use the N325 form straightaway without seeking permission if going for a breach in a suspended PO. Does that then mean they now need to submit an N325 to get the warrant or have they likely sent both (N325A and N325) at the same time and already gotten it approved? Do they now simply just apply for the bailiffs? If so, how long does that take on average?

 

I'm only asking because I'm trying to identify how much time I actually have left to get this sorted. The court told me to stop panicking as I apparently have "plenty of time" but I'm still worried that they now can just issue the warrant since they've been given permission to do so. And since I don't know how long issuing the warrant takes, I'm worried I don't have as much time as I thought.

Edited by Gourger20

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They have already requested permission in the initial claim which I assume was granted but suspended

 

The N24 now informs you they are allowed to issue it for whatever reason ( we dont know you have not uploaded a copy)...it also allows you to take action (Set a side/suspend/stay which we have discussed with your options.

 

I understand that they would have to to submit N445( Request for reissue of warrant.)

 

https://owenwhite.com/permission-apply-warrants-possession-new-forms-n325a-n445/


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It basically said this on the N24 form:

 

"On the 24th July 2018, District Judge [Their name] at the County Court at Brentford (goes on to list its address and post code)

 

IT IS ORDERED THAT

 

1. Pursuant to CPR 83.2 the Claimant has permission to issue a warrant for possession of land in this case.

2. This order was issued without a hearing. If you object to this order you have 7 days from the date of service of this order to apply to set aside, vary or revoke the order."

 

That's pretty much it.

 

Is it my understanding that based on this, they now just need to apply for the bailiffs to issue the warrant? And that they don't actually have the warrant itself yet already, just have permission to issue it? Do they need to wait the 7 days as well before they can actually apply for bailiffs or can they just do it right now even if I challenge the order on the N24 form?

Edited by Gourger20

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Yup. If it wasn't the post code error on the N24 form, it likely would have come to me sooner.

 

Should I expect the eviction date to come next week then? Rather be prepared for it to come than be taken by surprise. This has had me stressed out all day long.

Edited by Gourger20

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So, shelter ended up wasting more of my time. I contacted them and they sent me to the nearest Shelter building to go see a caseworker. When I arrived there, it was packed. I was not told by the person I called that you had to wait in line in order to be seen by someone and due to the amount of people that were there, I ended up not getting seen. I was sent home.

 

I've been filling out the N244 form to set aside the order mentioned on the N24 form. I'm struggling to know where I should be signing on the form. I am filling it out on my computer via Adobe Acrobat Reader.

 

Do you sign both the Statement of Truth and highlight the appropriate text (where it says "I believe)?

 

Question 11 also requires another signature and then asks for an address - which address do I put there?

 

And also, where it says "Applicant(’s legal representative’s)(’s litigation friend)" - do you highlight anything here? Finally, question 9 asks who should be served with this application, do I need to put anything here?

Edited by Gourger20

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https://www.consumeractiongroup.co.uk/forum/showthread.php?325527-CAG-guide-Are-you-facing-eviction-or-repossession(1-Viewing)-nbsp have a look at this guide - page 14 & 15 shows you how to fill out the N244

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In the example,

"Applicant(’s legal representative’s)(’s litigation friend)" has everything but "Applicant" crossed with a red line.

Is this what I should be doing?

 

Also, they didn't put their signatures on the form itself but have an affixed statement with the signatures instead.

 

I answer Q10 on a separate sheet and then copy that statement (and reword to fit my own situation) and put my signatures there?

 

I selected the "evidence" option as I have some evidence of my payments towards my Housing Association and that I will be receiving a lump sum from my loan (which is more than enough to cover the arrears and court costs).

 

Can that statement still be used as well?

Edited by dx100uk
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You sign the form as Applicant and also sign the statement sheet for Q10.


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What about Q11? Do you sign there as well and which address do you put?

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You sign at No11. and put your home address as shown in the example


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Alright, thanks.

 

Do I also need to put my husband's signature as his name is also on the N24 order (both our names are on the tenancy)? Or is it okay to just put my signature as I am the one making the application (husband isn't well enough to deal with this, so I'm the one trying to get it stopped)?

 

Apologies for countless questions. Just want to make sure I do it right.

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One signature should be OK. When you have got all your paperwork together ready to take to court staple it all securely together and make sure you take a copy of it all for yourself so you can refer to it in court.


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Any idea on what the fee is? I assume they require immediate payment.

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If you take the eviction notice with you I think the fee is half, I can't remember off hand what it is though - ring the court and ask. They will require payment when you take the N244 in.

Also if you are in receipt of certain benefits there is a fee remission.


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If you take the eviction notice with you I think the fee is half, I can't remember off hand what it is though - ring the court and ask. They will require payment when you take the N244 in.

Also if you are in receipt of certain benefits there is a fee remission.

 

Oh, I don't have the eviction notice yet.

 

I only have the N24 form at this time telling me that permission was granted. It then just says if I object, that I must do so within 7 days from the date of service of the order. So does that mean I need to pay more because I don't have the notice yet? I wrote on the N244 form that I am objecting the order and wish to set it aside. I've not asked for a warrant suspension as I don't have one served to me yet.

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Sent off the form on Thursday, so hopefully should hear from the court soon. I hope it gets accepted.

 

I'm just wondering though: I've been reading and apparently it's possible that the eviction could get transferred to the High Court. I'm worried about this considering that my HA didn't want to wait until September 10th and with the way things are going right now (lots of waiting), it may end up taking that long for them to get a date.

 

What's the likelihood that it'll get transferred to the High Court? They don't give warnings, so the last thing I want is to find them at my door unannounced.

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Hi

 

I know this may be late to ask but before this happened but could you clarify the following:

 

1. Did the HA send you letters previous to this notifying you of the Arrears and what was your response?

 

2. Did you enter into a Payment Plan with the HA to clear the Arrears? or

 

You didn't and ignored the HA with them now applying for Possession of Property.


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