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Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times. ×


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      By lookinforinfo · Posted

      Northmonk forget what I said about your Notice to Hirer being the best I have seen . Though it  still may be  it is not good enough to comply with PoFA. Before looking at the NTH, we can look at the original Notice to Keeper. That is not compliant. First the period of parking as sated on their PCN is not actually the period of parking but a misstatement  since it is only the arrival and departure times of your vehicle. The parking period  is exactly that -ie the time youwere actually parked in a parking spot.  If you have to drive around to find a place to park the act of driving means that you couldn't have been parked at the same time. Likewise when you left the parking place and drove to the exit that could not be describes as parking either. So the first fail is  failing to specify the parking period. Section9 [2][a] In S9[2][f] the Act states  (ii)the creditor does not know both the name of the driver and a current address for service for the driver, the creditor will (if all the applicable conditions under this Schedule are met) have the right to recover from the keeper so much of that amount as remains unpaid; Your PCN fails to mention the words in parentheses despite Section 9 [2]starting by saying "The notice must—..." As the Notice to Keeper fails to comply with the Act,  it follows that the Notice to Hirer cannot be pursued as they couldn't get the NTH compliant. Even if the the NTH was adjudged  as not  being affected by the non compliance of the NTK, the Notice to Hirer is itself not compliant with the Act. Once again the PCN fails to get the parking period correct. That alone is enough to have the claim dismissed as the PCN fails to comply with PoFA. Second S14 [5] states " (5)The notice to Hirer must— (a)inform the hirer that by virtue of this paragraph any unpaid parking charges (being parking charges specified in the notice to keeper) may be recovered from the hirer; ON their NTH , NPE claim "The driver of the above vehicle is liable ........" when the driver is not liable at all, only the hirer is liable. The driver and the hirer may be different people, but with a NTH, only the hirer is liable so to demand the driver pay the charge  fails to comply with PoFA and so the NPE claim must fail. I seem to remember that you have confirmed you received a copy of the original PCN sent to  the Hire company plus copies of the contract you have with the Hire company and the agreement that you are responsible for breaches of the Law etc. If not then you can add those fails too.
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      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.
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Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times.

Bristow & Sutor. Ex's CTAX debt. Clamped MY Car and left. now i want to deed poll and pay all her debts

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BankFodder

BankFodder

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So you are suggesting that you will become a sacrificial anode to relieve the pressure on her during her "illness". This is very noble but eventually will only help to make things worse for her.

Of course another perspective is that by doing this, she is enabled to get herself into deeper trouble so that eventually it becomes quite a crisis for her and her new friend and might put intolerable stress on her new relationship.

A third scenario crosses my mind which is that it could help somebody who is less than honest to start borrowing money and then to allow them to try and throw creditors off the trail by pointing the finger at a known spendthrift and debtor who has got a record for this kind of thing and is already in deep trouble.
Of course I'm sure that this wouldn't cross your mind because apart from anything else it would be a criminal offence under the fraud act 2006.

It is clear that your ex is suffering from a form of illness and the best thing you could do for her would be to find a way of getting her to seek help.

In terms of changing your name by deed poll – I suggest that you look it up but so far as I remember, you only need to use a deed poll when you are changing your first names – your given names.
You are entitled to change your surname at will – called changing your name by usage – and without any formality.

However I think that for the purposes of obtaining passports and driving licences et cetera you would normally need to register the change in some way because various authorities – and probably lenders – would quite rightly be suspicious.

However, changing your surname/family name is really far easier than most people realise.
(I can't remember why on earth I happen to know this!)

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dx100uk

old and new threads merged for complete history thread title updated dx  

bobandi

bobandi

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My ex will never change her ways says there is nothing wrong with her and that I'm mental. She will continue to carry on the same way if her new relationship ends she will just find another one.

 

My main concern is getting the bailiffs to chase me for the debt and not her. I honestly don't care what she does in her future. Like I said before the council have said that they will chase me for the debt once they receive the deed poll certificate. The bailiffs are refusing to chase me for it until the council give the ok. 

 

I have spoken to someone about it yesterday like you say I may have her name but a different date of birth etc. They said if the council chase me then they can get in serious trouble.

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BankFodder

BankFodder

Posted
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Thanks for this.

I don't think there is anything more to be said. You have all the information and you are obviously completely aware.

Please do keep us updated as to how it goes. I'm sure that at the very least we will all be very curious to know

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bobandi

bobandi

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A small update the bailiffs are refusing to talk to me they just hang up. The council have said today I am now liable for the debt.

I mentioned the situation to someone else who says the council are acting illegally and I should be speaking to the police with regards to fraud by the council and my ex partner. Also that my ex may run up more debts and say you have the wrong person when they come to her.

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BankFodder

BankFodder

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None of this is surprising.

It is absurd that the council are acting fraudulently. They are acting under a mistake

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BankFodder

BankFodder

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What I meant to say is there it is absurd to accuse the council of acting fraudulently.

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Bazooka Boo

Bazooka Boo

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Wow, that deed poll came back really quick!

Took less than 24 hrs!

This thread is not genuine, there is so much fantasy in it.

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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Bazooka Boo

Bazooka Boo

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Then there is absolutely no need to change your name, simply pay her debts using their bank account details. 

Whilst you're at it would you mind paying my mortgage?

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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bobandi

bobandi

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They will not talk to me except payment. The bailiffs own the debt now and want her to pay it. So by changing my name to hers they will have to talk to me or come and visit my house when they do a trace. I don't have all there details and my ex refuse to pass them on.

 

All I get is total amounts owed £13000 council tax, £9000 HMRC, £4000 OVO I saw the letters before I moved out. She said she will take over the house we had together I have to take her debts. She does owe even more to others.

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bobandi

bobandi

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It's not identity fraud it's simply taking on her debts the only way to do it is change of name that way they cannot say we can't speak to you as my name will be the same then I can set up a payment plan. She gets her debts paid and the creditors get there money. Plus she leaves me alone with all her threats of legal action.

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bobandi

bobandi

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Friends say I should tell her to get lost. Depends on which family members I talk to one is scared incase the bailiffs raid her house looking for me. Others find it funny that the bailiffs are getting annoyed with me because when they try to trace my ex they will find me. 

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Bazooka Boo

Bazooka Boo

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Scared for her or scared for you?

Anyway,  changing your name to hers won't mean that the bailiffs will come after you, nor will it mean you will be liable for  her debts.

Just like I couldn't take on someone else's wealth by changing my name to Richard Branson. 

 

 

Edited by Bazooka Boo

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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