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    • That is different to my PCN issued by Highview. I am not by any means an expert so I would leave it to the experts to check what I say and maybe delete this if it is not helpful. My thoughts on this are In the PoC they state you are liable as Driver or Keeper. Firstly, I would challenge that .... are they pursuing you as Driver or as Keeper? They don't know who the driver is, as stated on the NTK and, they don't know if you didn't tell them, so I would think that they can not pursue you as the driver. The NTK is not fully compliant with POFA 2012 as LFI stated but specifically, and correct me if I am wrong, Section 9 [2][f] states that:   Section 9 (2) The notice MUST— (f) warn the keeper that if, after the period of 28 days beginning with the day after that on which the notice is given— (i) the amount of the unpaid parking charges specified under paragraph (d) has not been paid in full, and (ii) the creditor does not know both the name of the driver and a current address for service for the driver, the creditor will (if all the applicable conditions under this Schedule are met) have the right to recover from the keeper so much of that amount as remains unpaid;   All the applicable conditions under this Schedule (Schedule 4) are NOT met, specifically warning the keeper as in (f) .... As far as I can see, the creditor has NOT warned the keeper on the NTK, as they MUST do in accordance with S9 [2](f). So, as far as I can see that prohibits them from having the right to recover from the keeper.   I put it to you M'Lord, given the facts stated, the creditor does not have grounds to pursue the Driver, nor the Keeper!! 😂🤣😂 Maybe that's why you've not heard from the courts, what does it say on MCOL ?
    • at the time, if both owners signed a voluntary charge it can not be a restriction k.  but it looks like one? as above ..... if you re mortgage with the same lender is doesn't need paying if you re mortgage with a new lender then most probably you will have to settle it.
    • The move comes after Tesla reported a sharp fall in its deliveries in the first three months of 2024.View the full article
    • please dont post up unredated court docs!! done now... it looks like: you paid for then cancelled a PC from mac group ltd however the PC still got delivered but not to you. you got issued a court claim but totally ignored it. DCBL HCEO Bailiffs attempted to enforce the CCJ...they failed..you had moved. The Claimant was Granted Permission by the Court to Serve A Statutory Demand and latterly did so. you had attempted to set aside the Original CCJ but failed to attend it's hearing and it got struck out you subsequently have have received a statutory demand for the CCJ sum. you applied to set that aside there was a hearing on 18th Apr which you did not attend. ...............   not quite sure but i think thats the story. ............. same as your other thread.. stop worrying about the house.. you ought to deal with this at some point as if the claimant does go for and manage to you BK. it might not be good. have a think about things , it might pay you to look toward putting an N245 variation to the court and offer a very low £PCM to the court, esp if you have little to no income etc like on benefits/pensioner etc...you might even get it all done for free as there is a small charge for the N245 process.        
    • you've applied to have it set aside and then you've not complied with the Judge's order for your set aside. You'll need to apply to have that order stayed on the ground you were a LIP and didn't understand it. Make it clear you now understand it and you ask that an order be made in the interim to stop all enforcement and any other action.
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    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

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      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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You have received a Court Claim ISSUED IN NORTHERN IRELAND What you need to do


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https://www.nidirect.gov.uk/articles/small-claims-process

 

Small claims process

The small claims process allows certain types of claims to be decided informally by the County Court, usually without the need of a solicitor or barrister.

Small claims

In general a small claim is one where the value to be claimed is not more than £3,000 and which does not relate to personal injuries, road traffic accidents, libel or slander, title to land, legacy or annuity or any property of a marriage.

If the total sum at issue between the same parties exceeds £3,000, the claimant must either:

  • proceed by abandoning any amount due over £3,000 (this will be expressly noted)
  • issue a civil bill in the County Court for a full hearing (up to £30,000)

The Civil Processing Centre, in Laganside Courts, processes all cases initially, but if a case is disputed it is then transferred to the office that is specified within the original application for hearing.

There are two types of small claim:

  • liquidated - where the amount of claim is set, for example, loans or goods and services not paid for
  • unliquidated - where the amount is estimated, for example, damage to property, faulty goods or workmanship

Once a case has been submitted to the Civil Processing Centre and verified, the respondent (the person against whom the claim is made) is then posted a small claims pack giving all relevant information in relation to the case, including a copy of the completed small claims application form.

The court does not pay the amount that is awarded; it only decides who is liable. A Decree or Order made by the Small Claims Court is a County Court Judgment (CCJ) and may affect a respondent's credit status. It may also affect an applicant’s credit status if a successful counterclaim is made.

Enforcement of Judgments Office

Before beginning the small claim process, the Enforcement of Judgments Office can search for a person or firm for a small fee. This will show if there are any enforced judgments already in existence against the respondent within the last six years.

To find out more information about fees and how to get an Enforcement of Judgments Office search, contact them a Fees

The fee for your small claim application will depend on the amount you wish to claim. 

If your claim is successful, the respondent will be ordered to pay you the amount decided by the Judge, plus the application fee along with any other costs awarded. If you are not successful, the respondent will not be ordered to pay you anything and you will not receive your fee back.

European Small Claims Procedure

A European Small Claims Procedure (ESCP) allows for cross-border cases (for example where at least one of the parties lives or is habitually resident in a Member State other than that of the court where the action is brought) and includes personal injury actions and road traffic related claims.

If you wish to issue a small claim to a respondent (the person against whom the claim is made) who lives outside Northern Ireland but within the UK, you can use the Northern Ireland small claims procedure.

However, you may want to consider using a process where the respondent resides to try to claim your money back. If the respondent lives in the Republic of Ireland you may also use the European Small Claims Procedure.

This service allows the public and businesses to make a small claims application outside normal working hours and track the progress of the application online.

Small Claims Forms

Date published: 04 January 2018

  • Like 1

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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https://www.nidirect.gov.uk/articles/small-claims-process

 

Small claims process

The small claims process allows certain types of claims to be decided informally by the County Court, usually without the need of a solicitor or barrister.

Small claims

In general a small claim is one where the value to be claimed is not more than £3,000 and which does not relate to personal injuries, road traffic accidents, libel or slander, title to land, legacy or annuity or any property of a marriage.

If the total sum at issue between the same parties exceeds £3,000, the claimant must either:

  • proceed by abandoning any amount due over £3,000 (this will be expressly noted)
  • issue a civil bill in the County Court for a full hearing (up to £30,000)

The Civil Processing Centre, in Laganside Courts, processes all cases initially, but if a case is disputed it is then transferred to the office that is specified within the original application for hearing.

There are two types of small claim:

  • liquidated - where the amount of claim is set, for example, loans or goods and services not paid for
  • unliquidated - where the amount is estimated, for example, damage to property, faulty goods or workmanship

Once a case has been submitted to the Civil Processing Centre and verified, the respondent (the person against whom the claim is made) is then posted a small claims pack giving all relevant information in relation to the case, including a copy of the completed small claims application form.

The court does not pay the amount that is awarded; it only decides who is liable. A Decree or Order made by the Small Claims Court is a County Court Judgment (CCJ) and may affect a respondent's credit status. It may also affect an applicant’s credit status if a successful counterclaim is made.

Enforcement of Judgments Office

Before beginning the small claim process, the Enforcement of Judgments Office can search for a person or firm for a small fee. This will show if there are any enforced judgments already in existence against the respondent within the last six years.

To find out more information about fees and how to get an Enforcement of Judgments Office search, contact them a Fees

The fee for your small claim application will depend on the amount you wish to claim. 

If your claim is successful, the respondent will be ordered to pay you the amount decided by the Judge, plus the application fee along with any other costs awarded. If you are not successful, the respondent will not be ordered to pay you anything and you will not receive your fee back.

European Small Claims Procedure

A European Small Claims Procedure (ESCP) allows for cross-border cases (for example where at least one of the parties lives or is habitually resident in a Member State other than that of the court where the action is brought) and includes personal injury actions and road traffic related claims.

If you wish to issue a small claim to a respondent (the person against whom the claim is made) who lives outside Northern Ireland but within the UK, you can use the Northern Ireland small claims procedure.

However, you may want to consider using a process where the respondent resides to try to claim your money back. If the respondent lives in the Republic of Ireland you may also use the European Small Claims Procedure.

Small claims online

This service allows the public and businesses to make a small claims application outside normal working hours and track the progress of the application online.

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