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    • Email and call your local councillor, their details should be on Google.  Just explain everything to them and they will have the bailiffs off your back in short order.   Do it now, and this could be resolved by tomorrow.  
    • Your latest ramblings make no sense in relation to the issue (which is whether a person hearing an SD can question the maker as to its truthfulness and reject the declaration if they are not satisfied as such).     It's not within 21 days of the hearing it's within 21 days of learning of the conviction of which they were unaware. I don't know what it is you are reading or are referring to but there is no "debtor" involved in an SD that is made to have a conviction set aside. When an SD is heard in court the only officers involved are the court's Legal Advisor and the Magistrates themselves.   I’ve just been looking back at the original post which started all this off to ensure I wasn’t going mad. I’m pleased to say I don’t think I am. Instead I am of the opinion that you did not properly grasp what originally happened to the OP and compounded that by providing incorrect, misleading and confusing advice whilst plucking bits of irrelevant legislation from thin air randomly when you commented. Here’s a few of your quotes and my comments for you to consider.     The OP said no such thing. She said she had moved three years earlier. For some reason unknown, her change of address was not recorded by the DVLA. She said she was happy to accept the speeding allegation. This indicated she was driving (a fact she confirmed absolutely soon afterwards). Nowhere did she ever say she was not the owner of the vehicle at the relevant time.         So, from advice to plead Not Guilty to advice to plead Guilty inside two hours, with no new or additional information provided. Still you mention somebody else being the driver.         What is an “out of time statement” and where and when was one ever mentioned?     Then from the OP:       Your response:       The cause of any confusion was your comments. She said from the outset that she did not live at her old address when the offence was committed (in fact she went to some lengths to explain that was why she did not receive the court papers). Nowhere did she suggest she was not the driver nor that she could not or would not disclose who was.     No it isn’t. A Statutory Declaration voids the original conviction as if it never happened. Section 142 of the Magistrates’ Court Act is not involved with the resurrection of proceedings following an SD. That Section grants the Magistrates powers to re-open cases to rectify mistakes, etc. There has been no mistake here, the Magistrates will not be called upon to re-open the case and could not prevent it being revisited even if they wanted to.   Then we set off into the intricacies of the Statutory Declaration process which is covered above.   I’m not surprised the OP in this particular case became confused. Her matter is straightforward enough (for those who know the law and the process). In summary: She moved; She thought the DVLA had her vehicle registered at her new address but they hadn’t; Her vehicle (with her driving) was detected speeding; She (unsurprisingly) did not receive the notification of that offence or the request for driver’s details; She obviously didn’t reply to that request, she was prosecuted for it, convicted in her absence and without her knowledge.   Happens every day and simple to deal with.   Unfortunately, not when you became involved it isn't. Firstly you grasped the wrong end of the stick by assuming she was not the owner and/or the driver. You advised her to plead Not Guilty on that basis. Then, when you had grasped some idea of what had really happened you suggested she plead guilty to the S172 offence purely on the basis she had moved and the speeding information was sent to her old address. Very poor advice. Then you scared her witless by incorrectly suggesting there was a chance her SD would be rejected if it was thought her declaration may be untruthful. There also followed discussions about the six month time limit for prosecutions and the 21 day limit for SDs to be accepted unconditionally (both totally irrelevant).   I don’t suppose you will accept any of these criticisms but whether you do or not you clearly caused the OP considerable confusion and probably distress. My comments are not based on something I've heard on the net or on barroom (sic) knowledge. They are based on my knowledge of the law and of Magistrates' Court procedures.  It's obvious you will pay no heed to me so when I see any such clearly misleading information provided to an OP by you in this section in future I will simply report it to the site's administrators.
    • Just ignore unless you receive a PAP letter.    Chances are you will run out the clock and it will become SB'd.    
    • Sure I read somewhere that PayPal MADE 2.2 billion dollars in 2018, so I guess losing out on say 10 million a year in negative balance is more cost effective than paying tax in the UK?  Dont get me wrong I’m by no means saying “sod it” they can afford it, I’m just hoping they don’t take me to the cleaners and at least give me time. 
    • I apologise profusely for my actions in this case. I pride myself on my integrity and honesty and I feel shameful for my moment of very poor judgement. As the sole income earner for the family (my wife is on maternity leave), a criminal record would be devastating for us as my employment relies upon a clean criminal record.   On the 22nd I was travelling to London Bridge and needed to connect at Three Bridges. When purchasing my ticket in the morning I only bought a ticket to Three Bridges by mistake.   I made a bad error and I am just so sorry for my actions and the inconvenience caused to all involved.   I am happy to make immediate payment of the unpaid fare and any incurred costs that my mistake have caused.   I would appreciate your consideration and I sincerely hope that you can show some leniency as an criminal conviction would impact my employment and ultimately being able to provide for my family.   Regards   I cant offer to get a monthly ir annual as I only travel a handful of times per year.
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Peter4877

smart parking PCN - incomplete reg - fantasy island skegness

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Hi all

had a charge from smart parking for insufficient fee ,

i showed my ticket via email ,

 

they then said incorrect reg mark ,

i entered the numbers not full reg,

 

now they sent debt recovery plus letters saying if it don't get paid they will issue court proceedings.

 

Im currently trying to remortgage and don't want any ccj on my file which my hamper my chances ,

 

is this their scare tactics or are they genuine ,

 

this happened on fantasy island car park in skegness back in may this year

 

thanks for reading

Edited by dx100uk
Spacing fine to charge

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It's not a fine it's an invoice, could you answer these questions please on the link below

 

https://www.consumeractiongroup.co.u...ed-Aug-2016***


We could do with some help from you.

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The bailiff: A 12th Century solution re-branded as Enforcement Agents for the 21st Century to seize and sell debtors goods as before Oh so Dickensian!

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and read the letter PROPERLY

nowhere do they use WILL

and its not a fine


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

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Peter , Smart Parking are not that smart so don't worry. Whether you showed all your reg no. or not you still paid for your ticket so there was no loss and thus they cannot win in Court.

Even should the case get to Court and you were to lose, provided you pay whatever the fine is within one month you will not get a CCJ so no effect on getting your mortgage from these idiots.

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fine?


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

spreadsheets 

 

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Did you keep your ticket, or proof of payment for it? Your reg details do not matter if you bought a ticket. Doesnt matter what smart parking say.


Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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So waht did the letter they sent originally calim you had done wrong?

 

they cant just change their mind and invent a new condition to suit themselves, if it isnt on the NTK then it didnt happen so incomplete reg is a dead duck.

 

As for the insfficient fee, you ticket will conform if that is a possibility, if you paid the prescribed fee then they cant demand anything.

 

Ignore the rentathreats DR+ they have no say in any matter EVER.

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So waht did the letter they sent originally calim you had done wrong? they cant just change their mind and invent a new condition to suit themselves, if it isnt on the NTK then it didnt happen so incomplete reg is a dead duck. As for the insfficient fee, you ticket will conform if that is a possibility, if you paid the prescribed fee then they cant demand anything.

Ignore the rentathreats DR+ they have no say in any matter EVER.

 

The original letter states smart park has the right to seek payment the parking charge for unathorised parking of the vehicle on the land of the relevant date as owner of the land on the basis of a contractual right to occupy or have possession of the land or acting as agent of the landowner

 

then goes on to say not purchasing appropriate parking time or staying at carpark longer than permitted

 

i appealed online through smart park website to say I've paid

there a copy of my ticket

they then said incorrect registration mark ,

and as its non on they have now passed onto to debt recovery plus

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ignore


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

spreadsheets 

 

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The original letter states smart park has the right to seek payment the parking charge for unathorised parking of the vehicle on the land of the relevant date as owner of the land on the basis of a contractual right to occupy or have possession of the land or acting as agent of the landowner

 

then goes on to say not purchasing appropriate parking time or staying at carpark longer than permitted

 

i appealed online through smart park website to say I've paid

there a copy of my ticket

they then said incorrect registration mark ,

and as its non on they have now passed onto to debt recovery plus

 

Pity they lied in that letter . And you have full proof. So keep that ticket safe. They wont ever do court, but make sur eyou keep it just in case theyre stupid enough to try.


Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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Did you keep your ticket, or proof of payment for it? Your reg details do not matter if you bought a ticket. Doesnt matter what smart parking say.

my car park ticket is pinned to there original letter and kept in a safe place

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