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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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They asked for summary judgement without hearing - which they didn’t get - a hearing was ordered , does that mean the court isn’t convinced on the face of it , enough to grant the judgment ?

 

i can write a witness statement - do I write a witness statement directly in response to the points they raise - 

rather than when I defend the case as a whole which would me much longer and comprehensive witness Statement on all points 

 

or do a long one here (application hearing)  , with covering skeleton argument sheet ?

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Not particularly...all applications for SJ/SO require a hearing..its something that cant really be judged without a hearing....put that down to lack of experience or ignorance to try to save £155.00 ...whichever.

 

Yes you do draft a statement in response...as I have already advised..which must be submitted not less than 7 days pre hearing.

You can use the basis of your proposed defence above...if there are any important points they have decided to conveniently leave out....but its far better to be directed by the points of their statement and what they will be relying on...it must be formatted same as theirs and finished with a statement of truth.

 

Witness statements do not require a Skeleton Argument.

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Thankyou - 

 

i shall do as advised , any tips or tricks to make sure summary judgement avoided 

 

for instance , I read judges don’t like to award judgments when edit complex matters are involved etc , so that would a clear point to provide evidence on - with the falsified debenture affecting execution etc 

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Allegedly ......Well thats something for you to address within your statement backed up by evidence by way of exhibits...I have had to edit your previous post referring to this amongst other remarks please refrain from making these statements within your posts and putting the forum at potential risk of liable remarks.

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so i have manged to get the unilateral notice removed against my property, as i did a UN4 and said they cannot provide evidence of a personal guarantee, they obviously couldnt and didnt , so the notice was removed by the land registry

 

They are just now 17/11/2020 gone a re registered the exact same unilateral notice again!!

so i have finished doing yet another UN4, to remove yet again.

 

How do i stop them repeatedly doing this without merit? i spoke to the land registry who said nothing they could do, as they are just a registration service and register anything that gets sent.

 

This is unfair and an abuse of the land registry charges system.

 

 

 

 

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How much is the court fee for submitting the  UN4 ?  Perhaps consider issuing them a court claim to reclaim your fees and inconvienience.

 

https://www.irwinmitchell.com/news-and-insights/newsletters/im-on-the-money/im-on-the-money-issue-two/unilateral-notices-exploding-the-myths

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Un4 are free to do - anyone can register an interest in the property , and its just as easy to remove if its not valid

 

but i have to remortgage within next six months and they cause issues, so i suppose my 'damaged' would be going on a variable rate mortgage instead of a deal as i wont be able to remortgage with this 'charge' if they keep repeatedly applying it.

 

I just want them to stop, they have failed to validate but land registry have nothing in place to stop these behaviours which just seems wrong. like a cease and desist etc , but these people are still trying to bully me into paying by any means possible. even though they dont have the guarantees/paperwork to win in court, im happy to get to court 

 

as s4 of Statute of Frauds 1677 personal guarantees must be in writing and signed - which they dont have

 

 

 

 

 

 

 

 

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Cancellation of a unilateral notice is when the owner of the estate of which the unilateral charge is registered against applies to the Land Registry for the notice to be cancelled. This is a completely free process and can be done through the use of the form UN4 to apply for cancellation. When the Land Registry receives the UN4 form, it notifies the individual who is making the claim. This beneficiary is then given fifteen working days to respond to the application, if they would like to object to it. If there is no response within the cancellation period, the notice is cancelled. If there is an objection for removal of the notice, and the parties are unable to reach a mutual agreement, the Adjudicator of the Land Registry is referred for these cases.

 

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However, unilateral notices have a very minimal effect; this is because the unilateral charge on the charges register protects only the most important interest in any property which is ranked by the most important being first registered as a notice.

 

https://www.propertyblawg.com/conveyancing/unilateral-notice-in-property-law-what-is-it-and-when-does-it-apply/

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on another note by 17 dec i need to do a disclosure statement/form- assuming its the actual court one with boxes to fill in

 

which ive never done before , as a defendant what do i write on it? because its all really about what paperwork the claimant does or doesnt hold?

 

 

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Disclosure list in Fast Track claims is the N265 see CPR 31.6

 

A form of disclosure that requires a party to disclose documents:
 
On which it relies.
That adversely affect its or another party's case, or support another party's case.
That it is required to disclose by a relevant practice direction.

 

https://www.gov.uk/government/publications/form-n265-list-of-documents-standard-disclosure

 

https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part31

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