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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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Please help, POC claim for removal of profits at my forex exchange broker


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hi all
just a quick question. brief summary.

 

i had an account at a forex broker, where i traded a currency vs another.

i held it the trade (position) for about a week and then sold the trade (closed the position).


i had a profit of around 10k. then the broker confiscated(stole) all the profit citing they made an error with the interest they should have charged me for holding this large trade/position. they claimed it was a manifest error, and furthermore claimed that they had been charged this interest by the banks where they copy my trade in the markets.


i looked into what they were saying and found that the correct amount of interest according to the markets should have been around 5k. in their terms and conditions it states that any amount of interest or fees would be clearly stated. but now they are claiming manifest error.


i would like to take them to court for the 5k overcharging as they have not provided me their calculations for 10k as in any event the calculations would be wrong as the correct amount was 5k


my question is

in the section of the particular of claim where i put the breaches that the defendant has breached what would i put there.

after googling and reading the forums and looking for someone who had some sort of similar case.

i came across the following. but i am not sure if they would apply to me.

so please if you have any insight please do help me

thank you


what i have found online, i don't know if this is relevant or not


The interest charges are a disproportionate penalty and therefore unenforceable as they are contrary to common law.
Further, as a disproportionate penalty they are invalid under the Unfair (Contract) Terms Act 1977 s.4 and under the Unfair Terms in Consumer Contracts Regulations 1999. Para. 8 and sch. 2(1)(e). In the event that the charges are not a penalty then they are unreasonable within the meaning of the Supply of Goods and Services Act 1982 s.15

breach of statutory duty
breach of contract
tort of negligence

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This is an area that I suppose we don't have a lot of experience in. So we will have to feel our way as best as we can – but there may be better sources of information elsewhere.

You use the word "manifest" a couple of times – as if it is some kind of technical term. Does it have a special meaning?

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The concept of "manifest error" is sometimes used in construction contracts and expert determination agreements.Manifest error does not represent a generally available legal ground for attacking an otherwise "final and binding" certificate or determination. It therefore needs to be written into a contract as a basis for invalidating a certificate or determination.

 

Where a contract does provide for a certificate to be final and binding except in the case of "manifest error", Amey v BCC confirms that a "plain and obvious" mistake will need to be established in order to challenge such certification.

 

A "manifest error" need not be "plain and obvious" from the relevant certificate itself. In Amey v BCC, the "manifest error" became evident from a consideration of the terms of the Contract as well as the previous conduct of the parties when the certificates were issued.

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hi.  i think they will be able to say manifest error that the markets stipulated some interest payment.  but the amount depends on central banks / libor rate ect and the amount of currency held and the length of time held.

but they have deducted far too much so i am just wandering what sort of breaches i could write in the poc

 

thank you

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