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    • Either party in a marriage can seek an entry on the Land Registry protecting their right to occupy the matrimonial home (/ prevent it being sold from under them!) where the other party in the marriage holds the sole legal ownership (at the Land Registry). There is no need (nor ability) to do this if the legal title is held by both the married people. This harks from the era where the man was the breadwinner / the name on the title, and was to protect the wife from being able to be put out of the matrimonial home and it sold without regard to her rights. Times have rightly moved on, and the matrimonial home sections of the Family Law Act 1996 don’t consider which partner holds the legal title, just that the rights of the other can be protected. https://www.gov.uk/government/publications/applications-under-the-family-law-act-1996/practice-guide-20-applications-under-the-family-law-act-1996   https://www.beestonshenton.co.uk/divorce/matrimonial-homes-rights-is-there-any-point/   Neither has rights over and above the other, it just gives protection to the one who doesn’t feature on the title. It also ceases when the divorce is finalised (where it is expected the financial aspect is also finalised)   So “if she wants him out” : this can’t be forced until the divorce is concluded. What she can ask the solicitor to aim for is: a) how she can get the divorce ASAP (& how long this is likely to be!), b) if a realistic financial settlement is that one of them gets to stay in the house with the children until all the children reach 18 (or 21 if in full time education) : the focus will be on keeping a family home for non-independent children i) if this is likely to be her that stays with children ii) that the other holds a charge / interest in the property but can’t order the house sold until the children become adult / independent.   At some point he will be able to insist on his share of the property, though how much his share will be will depend on the “common intent” between them when they a) purchased it, and b) married. The starting point is 50/50 split, unless it can be shown a different arrangement was agreed or envisioned.
    • Still not heard anything since, i was under the impression that having a letter before action and a letter telling me i have 14 days to respond things would of moved on by now?
    • With his medical issues, he might well end up in hospital before very long.
    • always better not to appeal in 9/10 cases as you shoot yourself in the foot by ID'ing yourself as the driver and lose what protection you had under POFA.. please complete this: and scan up their NTD BOTHSIDES to ONE multipage PDF after carefully reading upload guide. also post up the appeal you sent and their response.   they will know their machine was not working but are just trying to fleece you 
    • there are over 15 erudio claimform threads here with how people have responded to their claim by entering a statute barred defence you need to be reading up as part of the self help of CAG as what to do how to do it whats next how things progress through the differing stages of the claim   dx  
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Archangel9

Excel ANPR PCN - George St, Wakefield

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Hi,

 

I need to know what I can remove from the form before I post it, obviously the reg of the car?

 

I need to know what to do with this thing and whether I can ignore it or not.

 

Thanks.

 

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wHere does it say its a fine please?

 

complete this

 

 


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tell us the whole story, where, when, what yu are accused of doing wrong, what correspondence you ahve received and what you have done in response if anything.

We recommend that you do nothing until you have taken advice based on the answers to these questions

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I went and waited fora  friend in a car park in wakefield, was there for about half an hour before he showed up, we then left and went somewhere else. I forgot to get a ticket.

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> For PCN's received through the post [ANPR camera capture]
>
> please answer the following questions.

>
> 1 Date of the infringement 21/07/2019


> 2 Date on the NTK [this must have been received within 14 days from the 'offence' date] 01/08/2019


> 3 Date received 07/08/2019


> 4 Does the NTK mention schedule 4 of The Protections of Freedoms Act 2012? [Y/N?] Cannot see it.


> 5 Is there any photographic evidence of the event? Y


> 6 Have you appealed? [Y/N?] post up your appeal] N


> Have you had a response? [Y/N?] post it up N


> 7 Who is the parking company? Excel


> 8. Where exactly [carpark name and town] George St, Wakefield

 

>For either option, does it say which appeals body they operate under. IAS

 

 

pcn.pdf

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On 11/08/2019 at 17:40, dx100uk said:

then why did you say fine?

 

Because when people try to extort money out of me, it's essentially a fine of sorts.

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Except it isn't a Private company cannot issue a Fine, only a magistrates or Crown Court can do that or the Police. A council ticket is a Penalty Charge notice, and one like you had is a "Parking Charge Notice" big difference as the last one is chased through County Court, and often is not compliant with the rules.

 

The Media doesn't help in calling what are essentially Invoices and grounded in Contract Law i.e. Civil Fines, whilst a Fine is Criminal.


We could do with some help from you.

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The Police cannot fine, only issue Fixed Penalty Notices.

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My time as a Police Officer and subsequently time working within the Motor Trade gives me certain insights into the problems that consumers may encounter.

I have no legal qualifications.

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Sorry Gick you are correct, the magistrates issue the fine.

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We could do with some help from you.

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Have we helped you ...?         Please Donate button to the Consumer Action Group

 

If you want advice on your thread please PM me a link to your thread

 

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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I note that they do not mention the discounted amount or the discount period. It would be worth getting some pictures of the signage there so we can see if either are mentioned as it is a legal requirement ( not to offer a discount but to state whether there is one  or not)

 

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It does state on the paper there is a discount before 15th stating "a reduced rate of £60 will be accepted as full and final payment" on the first page.

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yes, spotted after rereading twice. Clearly they hope that it isnt noticed.

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Posted (edited)

Ignore them and any debt collector letters they get sent. Watch out for a letter before action / claim - that's when you respond. Come back here then and let us know, but in the meantime, as many photos as you can get to fill your ammo box. Get photos of the entrance from the street, close-ups of any signs, layout plans including where your car was parked, close-ups of the ticket machine. Get them now because they may change at any time without warning if they get pulled up over them by somebody else first.

 

They have created no keeper liability which means they can only chase the driver for payment. As long as nobody is daft enough to give away who the driver was  (esp in an unguarded comment in a futile appeal!) they have nobody to chase. Their claim that they will assume you were driving has no basis in law. You have no obligation to name the driver and you will not be doing so. Stay silent until you get the LBA

 

P.S. They like to illegally share information with their other company VCS. Write to DVLA (see link on main page) to find out who accessed your data. Also check the small print on the signs Excel or VCS? Get this wrong and you will be making a claim against them! 😀

Edited by Mrs O'Frog
PS

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Thing is, the main meter was covered up / out of order when I was there, but I doubt it is now.

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Fine, then go and get those photos so we can see anything on any signs about "what to do if the machine is out of order" as well. There could be many, many reasons why they will fail on this, so do the legwork and get all your ducks in a row now, ready for the shootout.later. No good just having one point and relying on that, get them all clear in your mind and evidenced now. Then keep it all safe for 6 years.

 

Just a thought - if the meter was out of order and they were still issuing PCNs, there must have been a lot of people receiving one at the same time. Have you searched for others? Maybe even on a facebook rant? You can all provide each other with witness statements confirming the meter was covered.

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the signs will have to have instructions about payment if meter u/s.

If the meter says take other action if it doesnt work how are you supposed to know that when meter covered up?

 

All bad news for the stupid parking cowboys 

but as they are owned by Simple-Simon Renshaw-Smith and are members of the IPC then there is no point appealing as they wont entertain it.

 

By all means see if you can get a hit on FB or whatever, it will be helful later if they do persist but not essential

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There are actually 2 meters, I didn't notice the other one until I left.

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I've received a final demand for £160 before court action.

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Scan up a redacted verison, check if it is a letter before action or another begging letter from a powerless Debt Collector?

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It's pretty much the same as the above, with the same photos, just with more red and "£160!!"

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Just make sure it isn't a letter before action and if not, file it with the rest.

 

Ignore everything except a letter before action notice.

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