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    • Thanks. I often use this free site  https://www.sejda.com/compress-pdf  for work to compress PDFs. If it's no good, as you say, split it, and we'll do the biz at this end tomorrow. Knackered here - more in the morrow.
    • This is the covering email response (all personal details removed) - the pdf with all the info is 8mb - too big to upload - I'll need to split it and redact it tomorrow. Dear, We write further to your recent correspondence. We note from this that you have submitted a Request for Access pursuant to Article 15 of the UK General Data Protection Regulation (UK GDPR). We wish to confirm that the response provided below, and via the enclosed documents, concerns the Parking Charge referenced above. This data is provided on the basis that we note that you have already been identified as the registered keeper of the vehicle in question in relation to the dates of 22nd August 2023 and 11th September 2023 and therefore we can be satisfied, to the standard required, that the data collected and processed in respect of that vehicle on that date is personal data pertaining to you. We can confirm that your name and address were provided by the DVLA on 26th August 2023. This data was provided as you were identified as the registered keeper of vehicle in respect of a breach of the parking terms and conditions that took place within Mary Street, Carlisle on 22nd August 2023 Parkingeye can confirm that we issued a total of 5 items of correspondence to yourself to date prior to any further recovery or legal action. The address used was the address as held by the DVLA for the Registered Keeper of the vehicle. As no response was received to any of the correspondence sent, Parkingeye contacted a tracing agent to obtain any potential alternative address. To which end, an alternative address for yourself was provided and further items of correspondence were sent. Please note, whilst Experian are a credit referencing agency, no credit check has been undertaken in relation to this Parking Charge. We only utilise their tracing service in order to obtain alternative contact details. For clarity, personal data sent to our tracing agent is done so via an encrypted transmission route, therefore we do not hold physical copies of the same. The categories of personal data we send to them is your name, address and vehicle details. As Parkingeye did not receive any response to the correspondence sent, we entered into legal proceedings on 8th January 2024 in order to recover the outstanding sum owed for the Parking Charge and further costs were incurred. We can confirm that your name and address were provided by the DVLA on 15th September 2023. This data was provided as you were identified as the registered keeper of vehicle in respect of a breach of the parking terms and conditions that took place within Mary Street, Carlisle on 11th September 2023 . Parkingeye can confirm that we issued a total of 5 items of correspondence to yourself to date prior to any further recovery or legal action. The address used was the address as held by the DVLA for the Registered Keeper of the vehicle. As no response was received to any of the correspondence sent, Parkingeye contacted a tracing agent to obtain any potential alternative address. To which end, an alternative address for yourself was provided and further items of correspondence were sent. Please note, whilst Experian are a credit referencing agency, no credit check has been undertaken in relation to this Parking Charge. We only utilise their tracing service in order to obtain alternative contact details. For clarity, personal data sent to our tracing agent is done so via an encrypted transmission route, therefore we do not hold physical copies of the same. The categories of personal data we send to them is your name, address and vehicle details. As Parkingeye did not receive any response to the correspondence sent, we contacted our recovery agent in order to recover the outstanding sum owed against the Parking Charge. For clarity, personal data sent to our recovery agent is done so via an encrypted transmission route, therefore we do not hold physical copies of the same. The categories of personal data we send to them is your name, address and vehicle details. We can confirm, in line with s.(1)(h) of Article 15, that no automated decision-making or profiling, referred to in Article 22(1) and (4), has been undertaken in relation to personal data in this case. We note that Article 22 states as follows, “The data subject shall have the right not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects concerning him or her or similarly significantly affects him or her”. We can confirm that you have not been subject to such a decision and that the processing falls outside the scope of Article 22. Any automated checks undertaken by Parkingeye in relation to ANPR data will only result in a decision not to issue a Parking Charge. Should the ANPR data we process indicate that a breach of the parking terms and conditions has taken place, any subsequent decision to issue a Parking Charge will require that data to pass through a substantial checking process that includes human intervention. Please note that the UK General Data Protection Regulation provides the following further rights:   •             The right to request from Parkingeye access, rectification or erasure of your personal data; •             The right to request from Parkingeye restriction of processing of your personal data; •             The right to object to the processing of your personal data.   Please note that some of these rights are not absolute and will only apply in certain circumstances. We will review each request we receive in respect of these rights. We do not have to agree with a request but if we refuse, we will still contact the data subject within one month to explain why. You also have the right to lodge a complaint with the Information Commissioner’s Office (ICO). For further information, please refer to the ICO website, www.ico.org.uk. You may also seek a judicial remedy. For further information about your rights as a data subject, plus information about the categories of data we process, data transfers, the legal basis for our processing, and the purposes of processing, please visit: https://www.Parkingeye.co.uk/privacy-policy/   Yours sincerely,   Parkingeye Privacy Team
    • Thanks to you both.  I'd guessed it was CCTV, but the creeps who sneak up and take photos of the vehicles also use time stamps. BTW TT98, what you have received is not a fine, you can never be clobbered for the statutory consequences of not paying a fine - because it isn't one.  It's an invoice, and they have the same right to sue you as you have the right to sue anyone as a layperson who doesn't pay you for an invoice.  It's just a simple civil matter about a "debt".  Nothing worse.
    • As Dave has already said there are Consideration periods and Grace periods to be taken into account when private parking is involved. Before looking at that the first thing is to check whether your PCN complies with the Protection of Freedoms Act 2012 Schedule 4 which regulates the private parking rogues. They were very good at twice quoting from the Act but they missed Section 9[2][e] (e)state that the creditor does not know both the name of the driver and a current address for service for the driver and invite the keeper— (i)to pay the unpaid parking charges; They didn't do that so they have not complied with the Act which means they cannot pursue you as the keeper only as the driver which they said themselves when quoting Section 9 [2][f] . In addition they are supposed to quote the period of parking but instead given the times of arrival and departure of your vegicle which is not the same thing.Obviously their times  include the driving times to the parking place plus later from the parking place to the exit. So removing those times from your 15 minute overtime and that doesn't include extra minutes when your car was held up by stopping for pedestrians or other cars passing in front of you as well as returning the shopping trolley and possibly  queueing to get out of the car park. And that doesn't include children and or disabled people causing greater differences betwen their times and the actual parking period which is what is specified in the Act. It is perfectly possible that as much as fifteen minutes longer  could be taken in a larger busy car park compared to their spurious ANPR times. You may have noticed sating well done to you in his post. that was for two reasons. The first for giving us all the necessary details surrounding the alleged breach. the second well done was for not appealing a possibly giving away who was driving. As you the keeper is not responsible now for paying the PCN and Highview do not know who was driving they will have difficulty if the take you to Court since Courts do not accept that the keeper and the driver are the same person which is quite right considering that quite often family members often drive as opposed to the keeper as can loads of other people drive your  who have valid insurance motor policies. So don't worry even if you have to go to Court as the odds are in your favour and that's before we see the contract and Witness Statement which often give more ammunition against them.
    • Thanks. The way the court system works, with fixed costs included in the claim, means you have nothing to lose by fighting on. Give in now and you pay them their claim. Lose in court and you pay them their claim.  So why not fight? In fact were you to lose in court it's highly likely that the judge would increase the amount by their £25 hearing fee but then decrease it by disallowing the £70 Unicorn Food Tax they have just made up and added to the claim. It was however a mistake not to park in the far bay. But what about their negligence in allowing a disgracefully-parked vehicle to stay where it was and prevent your BB access? In any case, there is a long, long way to go before court.  A lot of these companies start a court claim in the hope that the motorist will wet themself and give in.  If a case is robustly defended and a decent Witness Statement produced, a good 20% of the time they drop the cases.  We'll support you all the way.
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Death of a partner complications!


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My brother-in-law moved into a care home in November 2021 due to his illness.

He is mostly immobile and has lost most of his ability to speak.

He and his partner lived together in a jointly owned home, but their relationship ended when he became ill and she stopped visiting him.

 

In May 2022, we found out that she had passed away when we visited their home to collect some of his clothing.

 

We are unsure of the normal procedure in situations like these, as we have not heard anything about her passing, including the date of her death or funeral arrangements. Her estate now owns half of his home, but he wishes to sell it to pay for his care home expenses.

 

We have identified her solicitor and attempted to contact them regarding the house, but they have refused to speak with us.

 

We are at a loss as to what to do next, as almost a year has passed and there has been no progress.

 

Could you please provide any advice on how we can proceed?

 

Thank you.

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The solicitor is not allowed to discuss anything with you for reasons of client  confidentiality

 

He should be able to tell you if there are Executors for the partner and if so put you in touch with them. Even if only to pass on a request that the Executors contact you.

 

It can't be in either party's interest to leave the house empty. Discuss direct with the Executors if you can, don't pass everything via the solicitor.

 

Does your BiL still have mental capacity to sell the house? If not you will have a further complication unless someone has Power of Attorney for him.

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I agree with Ethel.

 

Even if the house is insured, the company needs to know it's empty. They may agree to continue cover - they did with my mother's house. If not, you will need one of the specialist companies.

 

HB

Illegitimi non carborundum

 

 

 

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Have you searched on gov.uk to see if Probate or Letters of Administration have been granted? If so that will include the partner's Will and tell you who she has left her half of the house to.

 

https://probatesearch.service.gov.uk

 

Are you certain they co-owned as 'Tenants in Common' not as 'Joint Tenants'?

 

https://www.co-oplegalservices.co.uk/media-centre/articles-jan-apr-2017/tenants-in-common-what-happens-to-a-property-when-you-die/

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Thank you for your replies.

 

BIL has mental capacity although his memory is going, myself and my wife have Power of Attorney for him.

What we have found out so far is that her Solicitor is her executor, as mentioned before I have tried to contact the solicitor but as you say I am told that they cannot speak to me only another solicitor.

 

Therefore we did appoint a Solicitor on BIL's behalf thinking that the house would be sold, but even our solicitor cannot get any information as to the situation.

 

We have had the house cleared and tried to keep any paperwork that we came across, unfortunately BIL was not very organised and it is all a complete mess.

 

Partner had no family and we live some miles away from the property so regular visits are a problem, plus we are not spring chickens ourselves in our mid eighties.

 

I have just found out that Probate was granted on the 5th January 2023, the will only states certain sums of money to go to certain people, no mention of the house.

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Who gets the partner's "residual estate"? ie everything that's left after the cash sums to specified individuals have been paid? That's who will get her share of the house if it isn't specifically mentioned.

 

Are you certain she co-owned as Tenant in Common?

 

Probate will state the total value of her Estate. Once you deduct the specific cash bequests from that, and something for the funeral costs and solicitors fees, is the amount left large enough to include her half of the house? 

 

As you have appointed a solicitor to act for your BiL that's who you need to ask for legal advice on what to do next to force a sale of the house. It is possible to get a court order if the partner's Executor/solicitor won't co-operate but that is expensive and time consuming and success is not guaranteed. Getting the Executor's agreement is best.

 

It's hard to understand why the partner's Executor wouldn't want to sell. Even more concerning that you don't know whether it is even insured. And if it is insured whether your BiL is named as a joint policyholder to protect his interest in the house.

 

Keep putting the pressure on your BiL's solicitor to move this forward. That's what you pay them for.

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Hi

 

Sorry for your situation in dealing with this which will be stressful for all concerned.

 

1. You say your Brother in Law who is in a Care Home has Capacity (unless he has been officially diagnosed as not having capacity by they
Hospital with a Medical Diagnosis) then he will be classed as having Capacity.

 

2. I agree that there Solicitor will not discuss anything to do with the Property etc due to Data Protection as it has to be the Brother in Law.
Now the but (note 1. above) it does not stop you doing a letter for your Brother in Law to sign giving you Full Authority to Act on His Behalf.

 

3. Now to see if the Brother in Laws Partner has a Power of Attorney or a Deputy registered with the Office of the Public Guardian you will need
to fill in the forms from this link: (note 2. above as you will need to send that letter with these forms). Also this way you will see if a Power of Attorney is in place or not.

 

 

4. As for the Property itself you will need to if available check the Deeds for the Property to see who is actually named on the Deeds if you can't find them then check the Land Registry (note there is a fee for this and you may also need the letter from 2. above) see this link:

 

WWW.GOV.UK

We register the ownership of land and property in England and Wales. HM Land Registry is a non-ministerial department.

 

 

5. Did the Brother in Laws Partner has a Will in place and Registered? if unsure you can check but again there is a fee involved and it is not cheap depending on the type of search you want so be aware of that (note you will need to send letter from 2. above) this is the link:

 

WWW.NATIONALWILLREGISTER.CO.UK

Search for a Will with The National Will Register & Certainty Will Search service. Certainty Will search finds lost, unknown & later Wills.

 

 

I also note from your post#6 that you mention that Probate was Granted on 5th January 2023, the will only states certain sums of money

 

So who exactly is named on the Probate from the Public Guardian office to Act as Executor and does that Probate specifically state financial and Medical because if it only state Medical then they can't deal with the Financial matters nor the Will it must clearly give the Financial Powers.

 

The reason I say the above I have Probate for my own Dad who is in a Care Home and is on End of Life and I have both Financial and Medical Powers and my Dads Will.

 

You need to get your hands of a copy of the Probate to make exactly sure they have either both Financial and Medical Power and not just either Financial only or Medical Only as this is Critical as to what they can do when holding Probate it's not as simple as them saying we have Probate it's the Powers they have within that Probate.

 

With the Will you need to be 100% certain it has been signed and witnessed properly? (is the Will Registered?) if the Will hasn't been Signed and Witnessed Properly it will cause issues.

 

You look after yourself and remember your health is important too.

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I cannot give any advice by PM - If you provide a link to your Thread then I will be happy to offer advice there.

I advise to the best of my ability, but I am not a qualified professional, benefits lawyer nor Welfare Rights Adviser.

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UPDATE

 

I have been searching through BIL paperwork and have come across these:

 

Dated: 23rd Feb 2022 - Intention to sever a joint tenancy.

I, XXXXXXXXXXXXXXXXXXXXX, by this letter give you notice that from

February 2022, I wish to sever our joint tenancy in the property known as XXXXXXXXXXXXXXXXXXX (the Property), registered at HM Land Registry

under title number DN XXXXXX.

We will now hold the Property as tenants in common in equity in equal shares

I will apply to the Land Registry to place a Form A restriction on the title to reflect

this.

 

AND:

 

Dated: 4th March 2022 - Please find enclosed a letter whereby our client gives you notice that she has severed her joint tenancy in equity over your home. You need do nothing with this letter as this severance is a unilateral one and an application to the Land Registry will be made in support of this.

 

Therefore it looks like 50/50 although BIL say's he paid the bulk of the money for the property but can find nothing to back that up.

 

Partner died on the 8th May 2022 about 5 weeks later than above

 

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Unless held by a single individual the “legal” title to a property is ALWAYS held as a joint tenancy, and passes on by survivorship. This is the information held at the Land Registry under the legal title.

 

The “beneficial” (or “equitable”) interest in the property can be held under joint tenancy or tenancy in common. By “severing” the joint tenancy, the partner made the beneficial interests a tenancy in common, allowing their share of their beneficial interest to be passed on in accordance with their will (or the rules of intestacy if there wasn’t one).

 

So 3 scenarios:

for both:

A) the legal title was held by them both, or

B) the legal title was held by your BIL,

then,

 

currently your BIL holds the legal title to the property, and holds the beneficial interest of their ex-partner on Trust, for the beneficiary / beneficiaries of the Will.

 

If, however,

C) the legal title was held by your BIL’s ex-partner, then the legal title passes to the estate, and the executor/s holds your BIL’s beneficial interest on trust for him.

 

The presumption is a 50/50 split between your BIL and their ex-partner, though this is rebuttable (where different intent of the parties can be shown : did they have an agreement / discussion based around this?)

 

For A or B: your BIL can sell the property but needs to pass the ex’s share on to her estate.

 

For C : your BIL should contact the ex’s executor, reminding them they have a fiduciary duty towards the BIL, which comes ahead of any bequests the ex-partner may have made.

 

 

 

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@devjim so this confirms the house is co-owned as Tenants in Common which was your assumption back in post #1.

 

It is correct that partner can unilaterally change Joint Tenants to Tenants in Common ("sever the tenancy") without your BiL's consent. The default is a 50/50 split.

 

So my advice remains what I said in post #7. Neither party (your BiL or partner's Executors) can sell without the agreement of both parties, at least not without getting a court order

 

All you can do practically  is negotiate with the partner's Executor to agree to sell the house and split the net proceeds 50/50.

 

If they insist on negotiating only through your BiL's solicitor you probably have to do it that way, although I can't for the life of me think of any legal reason why the Executor Solicitor can't negotiate directly with your BiL.

 

So show your solicitor the documents you found and get them working for their fees.

 

At this stage it's difficult to understand why Executor wouldn't want to sell asap. It costs both parties money to leave it empty - utility bills, insurance, council tax (who is paying those at the moment?).

 

Empty houses have a greater risk of theft and vandalism that could significantly impair its value. Damp other deterioration gets worse and needs fixing before sale. Or even  be illegally occupied by squatters.

 

Could the reluctance be to do with whoever is inheriting the partner's half share? 

 

I asked earlier who is the residual beneficiary in the partner's Will. Do you know them? Partner's Executor has a fiduciary duty to the beneficiary and maybe they are resisting sale? Or even can't be found?

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