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    • OK.  So you lent your car to a friend in 2019 and he racked up three parking tickets that he tells you he didn't know anything about(!).  You were the registered keeper (RK) at the time at your family address, but you got chucked out and could not change your RK address with DVLA because you were homeless.  You knew nothing about the parking tickets and enforcement action until you got a bailiffs' letter passed on to you.  You made an Out of Time (OOT) application in respect of one PCN but Birmingham CC objected to it and the traffic court rejected your application.  A solicitor helped you make OOTs in respect of the other two PCNs but you don't yet know the outcome of those two applications.   Is that the situation you are in?   dx100uk thinks you can resubmit the application saying your friend was the driver.  I don't think saying that will help as the driver is irrelevant.  It's the owner who is liable to pay the charge and that is the RK (unless the RK is a car hire firm).  I assume you are not a car hire firm so you are stuck with the liability, not the driver.   Whether you actually can resubmit an OOT once one has been rejected I do not know, but why not try.  What did the solicitor put on the applications they helped you with?  Did you not ask their advice about the rejected application while you were with them?  I think you would have to say something to the effect that you never received any paperwork in relation to the PCNs because you had been chucked out of your home and because you were homeless you did not update your address at DVLA.  That is the truth isn't it?  You don't want to lie on the application.   To me that's a good reason for you not doing anything about the PCNs, but I suspect that Birmingham CC will object again and that the traffic court will reject again.  And, as I said above, I don't even know if you can submit a second OOT application in respect of a PCN if the first has been rejected.   So it looks to me like you might be a bit stuck.   Unless dx100uk, or spaceman61, or another poster with expertise in local authority PCNs comes along I'm not sure what you do.   If you get no more helpful suggestions here you could try on National Consumer Service.  If you do go there, do not register with a hotmail address.  You will also need to provide them with a timeline of everything for all the documents you actually have, and you will need all the facts and dates etc at your fingertips.  And make sure they are accurate.   http://forums.National Consumer Service.com/index.php?showforum=30   And get your friend to contribute to paying off the PCNs.  Do you believe he really knew nothing about them?
    • To enjoy the protection offered by s.75 CCA 1974 for a credit card payment, you must pay over £100 and under £30,000 for the goods or service (even if part payment for a larger total amount).
    • Hi Charlie and welcome to CAG   As an Executor, you have a duty to insure the property and tell the currect insurer of the passing of the deceased.   Most insurers will refuse normal contents cover on a house left unoccupied beyond 60 days. So, unoccupied, the home will not be insured against break-in damage, theft, flood, accidental damage, etc.   You may be able to obtain FLEE insurance covering only Fire, Lightening, Explosion and Earthquake. It may cost more than usual contents cover  because the home is unoccupied, even though the level/amount of cover is less than for an occupied home.   As said here already, an Executor would be wise (or indeed have a duty) to remove valuables from the home if you have somewhere safer to store them pending Probate, distribution, sale, etc.   I hope if you can explain the insurance risks to YB and assure him that you are not taking items just for your own benefit, he may see sense.   Please keep us updated ............
    • yours is not the next move   dx  
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Direct tiles Warehouse - Faulty Tiles - Claim Issued


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Topics merged.....please do not start new topics on the same matter.....how is anyone to know what  your last post is in connection to on its own ?   Andy

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Set a side your judgment...google ?

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  • 2 weeks later...

Hi a set a side has been submitted to court today and also a bar put in place and case transferred to Portsmouth. Is that the bar in place part?. Thanks

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On 21/07/2020 at 14:04, Andyorch said:

Be prepared for them throwing their toys out of the pram...stating they submitted a defence...and the courts at fault for being behind....prepare for a possible set a side.

 

It was always expected.

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To stop you requesting judgment.

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Correct...you will be sent a copy of the defendants application n244 and notice of hearing.

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You can oppose it if you have grounds by submitting your own statement in response with objections and reasons.....if you have any.......not less than 7 days pre hearing.

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Reading all this paperwork the court has sent i think this for them to contest the judgement we requested after the 14 days. But in the statement it say "claim form submitted on the 29th of June  but the defence posted the 21st of July"?.

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Best to scan redact and upload the N244 and supporting statement (if any) then we are not second guessing.

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Thanks.....I really cant see any objection having success...they have not requested a hearing so it will be a fait accompli...the court is at fault for allowing the judgment.

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  • 3 weeks later...

Yes which will be a remote hearing by teleconference...providing you confirm details by 4:00 pm on 22 October 2020 .If you object to the remote hearing and require to attend in person you must give notice with reason within 7 calendar days of the date of the order.

 

Andy

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Thanks and this isn't the proper case yet just to see if the court will let the defendant have his set a side?.

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  • 2 months later...

Hello had the telephone conference call today and the company name is now changed to ceramics ltd. I have to resupply my amended particulars of claim to the court and the terms of contract agreement by the 13th of November as the judge said they are not detailed enough for the court.

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What was not detailed enough...the particulars ?   Your statement in response to the application to set a side.? 

 

Scan redact and post up a copy of the Order advising the above then we are not reading between the lines.

 

Andy

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This is what i sent but it only said a brief statement. The judge wants a better statement in the particulars like the defendants and the terms of the contract that I'm saying has been breached.

claim 1.pdf

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I would tend to agree with the judge.....they are not the particulars  you were advised to submit by @Bankfodder in his post #118. ?

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  • Andyorch changed the title to Direct tiles Warehouse - Faulty Tiles - Claim Issued

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