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    • Afternoon all Looking for advice before I defend claim for car tax payment that the DVLA claim I owe £68 from an idemity claimback from my bank and unpaid tax  So brief outline. Purchased car Jan 30th ,garage paid the tax for me after I gave them my card details so first payment £68 out in Feb 24  followed by payment of £31 from March due to end Jan 24 Checked one of my vehicle apps and about 7-10 days later car showing as untaxed? No reason why but it looks like DVLA cancelled it ,this could be because I did not have the V5 and the gargae paid on my behalf but not sure did not receive a letter to say car was untaxed.  Fair enough I set up the tax again staight away in Feb 24  and first payment out Mar 31st , and each payment since has come out each month for £31 , this will end Feb/Mar 2025 so slightly longer than the original tax set up so all good. I then claimed the £68 back from my bank as an indemity refund as obviously I had paid but DVLA had cancelled therefore it was a payment for nothing?  Last week recieved a SJP form dated 29th May stating that DVLA were claiming for unpaid tax and a false indemity claimback which of course is the £68. It also stated that I had received two previous letters offering me the oppotunity to pay that £68 but as I had not responded it was now a court claim that I must admit guilt for or defend. My post is held for weeks at a time from Royal Mail ( keepsafe) due to me receiving hospital tretament at weeks at a time that said I did not receive any previous letters from DVLA. So I am happy to defend this and go to court but wondering what CAG members think? In summary I paid an initial amount of £68 and then a DD of £31 , tax cancelled so I set up a new DD at £31 a month all in the month of Feb 2024, I claimed the £68 back from my bank. DD has been coming out each month without issue and I have paperwork to show the breakdown for both DD setup's plus bank statements showing the payments coming out . The second DD set up has extended payments up to Feb/Mar 2025. DVLA claiming the £68 was ilegally claimed back despite the fact they cancelled the original DD for reasons unknown. Is this defendable ? I will post up documents including the original DD conformations 
    • That doesn't look like clacton ... Former Brexit Party leader Nigel Farage buys coastal home in Lydd-on-Sea WWW.KENTONLINE.CO.UK Former Brexit Party leader Nigel Farage bought a coastal home in the county, it has been reported.  
    • It's not a private road.  It's a small public street (with Resi houses) that leads into and from public road/ highway. The garages have land in front of the doors.  Then there's a yellow line. So there's a clear marker on what is private and what is public.  These people keep parking on the private land side
    • Do you also own land the garages on and the private road? Or is it shared freehold with right of access to all freeholders or why?  Dx  
    • I may try cheap plastic bollards (traffic cones) first just to see if they get moved.  I will look into the cost of fixed bollards.
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    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

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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.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

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      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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NCP/BW PCN PAPLOC now claimform - New Gatwick Drop Off Zone - I thought I had paid for both visits? ***Claim Dismissed***


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Yes, it would be ridiculous for your parents to actually travel to the hearing from another country.

 

However, three short written WSs to me seem a good idea.  They can be included as exhibits in your main WS.

 

Yes, put 1 in E3.

 

 

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I am going to put the following in D1 - Suitability for determination without hearing

 

This hearing is in regards to the issuing of a speculative charge for parking on private land with significant factual dispute and complexity that requires oral evidence and advocacy.

 

How's that sound?

 

 

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Urm..

is there really worth here in using 2 statements backing up the 'look i paid' claim, at the expense of a paperwork only hearing? I doubt it pers.

 

It screams of im lying and i need backup.

its not really a very important point anyway.

 

Dx

 

 

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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Just say on the papers unacceptable as you wish to challenge their Claim in person.

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We could do with some help from you.

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The bailiff: A 12th Century solution re-branded as Enforcement Agents for the 21st Century to seize and sell debtors goods as before Oh so Dickensian!

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Dx100 I will be evidencing the facts that their payment system was not working correctly at the time of my visits.

 

1. I attempted to pay on 15th Oct within 24hrs of picking my parents up. As per their signage.

2. I also then attempted to pay for the return drop off when leaving my parents back on 18th Oct.

3. I called NCP on 20th Oct as I was concerned that no receipt or money had been taken for either visit. In that call the representative told me that he could see I had paid for my last visit, but he was unable to go more than 3days back on his system to check the other payment (dubious). Despite me being told that the visit on 18th Oct was paid for, no money ever came out of my account, nor a receipt received by email. 

4. If payment was not taken from my account for both visits on 14th & 18th October. Why have I only received one PCN? Should they still maintain that I made a payment on the 18th, I can show relevant bank statements to prove nothing was.

 

So I will evidence the failure of payment being taken by their system by producing my bank statement, the phone call to rectify the matter on the 20th Oct by itemised call records from my phone provider and my attempt to pay online for the visit their PCN is relevant to with simple signed witness statements from those who were present with me when I did it on my phone. I cannot witness this in any other way, as far as I can see?

 

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Dx100. I just messaged you directly. But realised really what I asked you would be beneficial to other readers of this thread in the same position as myself to know.

 

Can I clarify - are you advising that I do not include a signatured copy of the N180 to BWLegal? As well as omitting my mobile & email address. Only supply these details in the N180 going back to the CCBC in Northampton.

 

If yes, could you explain why my signature needs to be left out in your view? When the form states it must be signed.

 

Happy to send an unsigned one, but just wanted to make sure this doesn't give them something to latch onto and use against me.

 

 

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I personally cant see a problem in signing the N180 in this type of claim ...there is no credit agreement involved....so your signature is of no use.

 

Andy 

 

 

 

.

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Thanks Andy. That's what I thought. They have my sig on several other letters I have sent and their data team have my email from my SAR case. But I will leave it off the N180 anyway, as they should have no need for that or my mobile.

 

I have sent the CCBC one off already, as that's potentially the most crucial one to arrive on time. I have FPoP for that.

 

I will do the same for BWLegal later today.

 

 

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I think dx means to sign the copy to the court, but not sign the fleecers' copy (so they can't get up to any forgery with your signature).

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What could they possibly achieve with a forged signature in this type of claim FTM ?  It is a legal requirement to sign the N180/181 on both copies  but we only recommend not signing the claimants copy when there is a credit agreement involved which in this type of claim there isn't ?

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The n180 info is generic to all claimform threads, of which as andyorch points out, are mostly credit claims, which are better not signed on their copy 

 

Might create an additional one for PPC claims.

 

As for routinely signing things back to the fleecers or their dogs , like a snotty letter, you should simply PC type your name. IMHO. They are not court related.

 

Dx

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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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I posted the 2nd copy to BWLegal yesterday by 3pm and got free proof of postage.

 

I came home to the N180 from BWLegal arriving by post. Their form appears to be different to mine... No section E? Also they are stating that '0' witnesses will attend the hearing to give evidence??

 

See attached pdf for your inspection. Comments welcome.

 

 

BWL:NCPN180.pdf

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Possibly just a page missing

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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

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Yes yours is the updated one to incorporate paper hearing....theirs is the old one.

We could do with some help from you.

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Thanks guys.

 

So I assume it means nothing that they've used an old form.

 

No doubt one they have it generically filled in by 'Rohan' who probably doesn't exist, for easy sending.

 

Still intrigued as to how they plan to defend themselves when they are sending 0 people to do so?

 

 

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they always make that mistake, they think it means OTHER witnesses not their rep.

 

dx

 

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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Just to clarify they will have counsel or other representation ....witness does not apply to claimants/Solicitor.

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Please post the documents you got in reply to the SAR on this thread when you get a minute.

We could do with some help from you.

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Hi Peeps.

 

Sorry I didn't get this up yesterday. I never actually got a chance.

 

I have created a PDF file of what was sent minus all the usual info we are all used to on their PCNs, the photo evidence with my VRN on it and my response letter they have kept on file to their LoC. This is all here on this thread already

 

I have the same for my two other PCNs that are on a different thread. Do I need to load up the PCNs that I have already loaded up. Or just SAR report at the beginnning. I will load them up to the relevant thread.

 

NCP-SAR07-10-22.pdf

Edited by MoaningCrusader
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FTMDave, 

 

Basically no mention of my phone call. So we are good there to proceed as solely keeper of the vehicle.

 

Is there anything in the fact that on all the PCNs they have clearly requested my Keeper details from DVLA well after there 14day period?

NCP-SAR07-10-22redacted.pdf

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My turn for the under-the-cosh-at-work line.  I knock off at 11pm UK time so promise to have a good look through everything then.

We could do with some help from you.

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