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    • Hi ok thanks for replies. I had trouble finding how to reply on  my phone and don't have a computer, so am at the library which is pathetic and closes at 5pm so hard to get there   Name of the Claimant ? Excel Parking claimants Solicitors: BW Legal   Date of issue – don't have on me but it was in Sept 2018 (previous claim from 2017 resurrected) * Court date is 17th Dec -Next Tue   Date of issue   ^^^^^ NOTE : WHEN CALCULATING THE TIMELINE - PLEASE REMEMBER THAT THE DATE ON THE CLAIMFORM IS ONE IN THE COUNT [example: Issue date 01.03.2014 + 19 days (5 days for service + 14 days to acknowledge) = 19.03.2014 + 14 days to submit defence = 02.04.2014] = 33 days in total   What is the claim for – PCN Not displaying a valid ticket for the private car park 468 Bury New Road, Prestwich I have copied their WS below with map location, signs, etc     **IMPORTANT** WE NEED TO SEE THE FULL POC MINUS YOUR PERS DETAILS>> NOT AN ABRIDGED VERSION**THIS MUST INCLUDE THE LOCATION   What is the value of the claim? original ticket was £100 plus additional fees so its at £255   Has the claim been issued by the Private parking Company or was the PCN assigned and it is the Debt purchaser who has issued the claim ? Original Excel Parking   Were you aware the account had been assigned – did you receive a Notice of Assignment? Not sure what this is?     I WILL TRY TO ATTACH THEIR WS - having trouble Do I just scan it in and attach it?   In the mean time my outline defence is:   No locus standi as have not produce a signed contract Under CPR 31.14 that the claim be struck out on the grounds of no locus   *I requested the contract and they did not provide it initially, however in their WS they have produced a signed contract from the pension fund who own the land    I was not the driver of the car. I have no evidence of the driver's identity. This dates back many years (2015) and difficult to remember who could have been driving  *their WS states I only said I was not the driver at a late stage and when filing an amended defence, and appears I developed a defence to avoid liability. I have stated this from the start.  Also that I alleged no correspondence, and the onus is on the driver to update DVLA. I did update DVLA, but I moved numerous times due to domestic abuse. This was in my set aside Also question how I would be able to comment on the signs if not the driver of the vehicle, as she would not have first hand knowledge, therefore it is the claimants position that she is being disingenuous I put Excel to strict proof that any contract can exist  *Their WS states it falls foul of the unfair terms in consumer contracts regulations 1999(UTCCR 1999). Claims the regulations don't apply? keeper of the vehicle - as the protocols of the POFA have not been followed so no keeper liability created. DVLA data was supplied for the single strict purpose of enquiring who was driving, not for bringing a case against me years later  Signage not a transparent contract insufficient in terms of their distribution  wording and lighting hence incapable of binding the driver, which distinguishes this case from the ParkingEye Ltd v. Beavis case  Sporadic and illegible charge not prominent nor large lettering site/entrance signage breach of the BPA Code of Practice. The entrance sign is on the left side so not the drivers side. The signs have no mention of any debt collection additional charge  The signage was not lit and not transparent contrary to the Unfair Terms in Consumer Contracts Regulations 1999.  The entrance sign refers to the terms and conditions on another sign The signs did not have planning permission under the Town and County planning. I have an email stating there was no planning permission from the council. * Their WS says they do not need planning permission by being an approved operator of the trade association, and it is not for the county court to determine planning permission.   The signs do not fall under deemed consent.    * Their WS states my defence appears to be cut and pasted from websites relating to parking whose aim is to assist motorists on contesting PCN's. Large portions are non sensical and irrelevant to the claim   Unacceptable as the defendant has signed a statement of truth whilst clearly not being the defendants knowledge   THANKS FOR YOUR HELP x   You mention I can get it struck out as they haven't sent me a bundle? They have sent me their WS online, no hard copies but I'd prefer not to go if possible  
    • Redacted and merged to one PDF   Attached is my witness statement and supporting evidence that I am going to give to the court, the court have said they will not even look at it until the day of the hearing, so I am OK to send it to them only a few days before the hearing.    Do you think it is worth me sending this to BW Legal, in the hope they will drop the case before it goes to court? Or am I better not showing my hand to them, so they cannot amend their evidence based on what I have stated?   If anyone would be kind enough to read through my statement and give me their thoughts, that would be very much appreciated.  ilovepdf_merged.pdf
    • Update.   So I received my court date. Any evidence from both sides needs to be sent to the courts and opposing sides 10 days before the court date.  No defense to file so this is where things differ from the rest of the UK. Would bank statements be enough evidence to prove my statue barred case?  
    • Right, I might go through Resolver, it certainly got my banks attention sharpish recently on another matter.   It seems to me that two pairs of the same model of boots failing in succession strengthens my argument so should I start from scratch with both pairs n a single complaint?
    • Why do I need to write this down?   What do AOS and CPR mean?       Note to admins, also, this editor is crap for quoting, how do I go to markdown?
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Jeff64

DVLA Tax ***Resolved***

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I sold my car to a friend on 31/03/19 and he taxed it straight away for the 1st April.

 

I couldn't stop the DD for DVLA coming out first thing Monday morning (bit slow) £47.25.

 

Anyway wrote to DVLA for refund , they said they couldn't return any money for a part month of Tax even though this not true , allowing for a notification period ! mind you the new owner Taxing the car should have been the notification.

I disagreed with this because DVLA had had the new owners money straight away. I applied for a refund through my bank on the direct debit guarantee scheme and got it.

In the meantime I have had a letter from DVLA enforcement for me to pay the money even though I was not the owner and no lapse in Tax has occurred.

It seem quite clear that DVLA are using the vehicle Excise & Registration Act 1994 as a back door to making more money out of tax paying consumers !

 

Any legal thoughts ? Should I hold out and go to Court ?

 

 

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Cancel your vehicle tax by telling DVLA you no longer have the vehicle or it’s off the road. You get a refund for any full months of remaining tax.

 

https://www.gov.uk/vehicle-tax-refund


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Yes but they are saying by there rules that I am still liable for a car that's no longer mine and want double tax !

 

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It depends when the DVLA change the  keeper details, if it is after the first of the month, the old keeper will still be liable for that month, a new keeper will also be liable for that month as they are the registered keeper for their part of the month.. Vehicle licensing duty is a monthly matter, any part of a month counts as the same month for both.

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Yes DVLA are saying on the 02/04/19 so I am liable for the month , however as I mentioned the new keeper paid the Tax on the 1st April so DVLA were aware (or should have been) that there was a new keeper.

The V5 signed by both buyer and seller confirm this , so in fact DVLA are getting 2 times the payment due.

Further as the Department has nor sustained a loss , has anyone tested in Court ?

thanks JP

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Vehicle licensing has always been on a monthly basis, not a daily basis. Refunds are only made for complete outstanding months. You were the registered keeper for part of the month covered by the licence and so no refund is due to you for that month. When a new registered keeper takes out a licence part way through the month, that will also be for that month.

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so 1st of the month is still part of that month. Should have gone for the 31st march as transfer day

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The ideal way would to SORN at the end of the month (assumes an off-road storage for a few days, then transfer ownership beginning of next month. That way the maximum prepaid tax will be returned and the least lost tax for the new owner/keeper.


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.

If you have found my post helpful, please enhance my reputation by clicking on the Heart. Thank you

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Thank you for all your replies.

 

The transfer date was the 31st March, DVLA are saying they only give Tax back from the date they receive V5 .

 

You have to therefore rely on the post office to deliver ! Another person has told me to show DVLA the bill of sale I drew up with the new buyer as it proves I was no longer the owner and therefore not liable for Tax ?

 

thanks again.

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The registered keeper (who may or may not be the owner) is responsible for licensing the vehicle.  As you were the registered keeper for part of that month (until the DVLA changed the registered keeper), you are liable for licensing the vehicle for that month.

Edited by Raykay

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Precisely why I suggest Sorning at the end of the month as it can be done online and is instantaneous!

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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.

If you have found my post helpful, please enhance my reputation by clicking on the Heart. Thank you

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Dear Gick , yes you are quite right.

 

It seems unfair that as the new keeper paid the Tax on the vehicle straight away on the 1st of April that DVLA are making twice the amount of Tax  as due ?

 

Thanks

 

Jeff

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Beat the DVLA

 

Great news DVLA seem to have accepted my explanation of when I sold my car "on this occasion no further action will be taken on this case".

 

Was worried about this was prepared to go to Court but would have faced Government Barristers , was about to just pay up and move on. But in the end the little person won and The Department seem to accept the reasonable understanding that it is wrong to expect 2 months worth of TAX and wasn't prepared to risk this in Court ....think they have had a bad week already with Boris.

 

Best advice is what GICK said above and SORN your vehicle.

 

Thanks for all the help and support 

 

Jeff

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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.

If you have found my post helpful, please enhance my reputation by clicking on the Heart. Thank you

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Well done thread title updated.

 

Andy


We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 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

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