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    • Today has been hectic so  have been unable to complete the whole thing. If you now understand it and want to go ahead with a complaint to the IPC, fine. If not then I won't need to finish it. But below is my response to your request  on post 64. No you don't seem stupid, the Protection of Freedoms Act isn't easy to get one 's head around at first. The part of the above Act referring to private parking is contained within Schedule 4 which you can find online under the Protection of Freedoms Act 2012. Section 9 of SCH.4 relates to how the parking scrotes have to perform so that they can transfer their right to pursue the keeper from the driver when the PCN is still unpaid after a certain amount of time. In your case the PCN was posted to you the keeper and arrived within 14 days from when they claimed a breach occurred. That means they complied with first part of the Act. The driver at that time was still responsible to pay the charge demanded on the PCN and PCM now have to wait for 28 days to elapse before they can write and advise the keeper that as the charge has not been paid, that they now have the right to pursue the keeper. They claim they sent the first PCN on the 13th March, five days after the alleged breach and it arrived on Friday 15th March. So to comply with the Act they have to observe Section 8 subsection 2f   (f)warn the keeper that if, after the period of 28 days beginning with the day after that on which the notice is given— (i)the amount of the unpaid parking charges specified under paragraph (d) has not been paid in full, and (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. ---------------------------------------------------------------------------------------------------------------------------------------------So the first PCN was deemed to arrive on the 15th March and for 28 days to have elapsed is when the time is right for them to write and say you are now liable as keeper. So they sent the next PCN on the 12th April which is too early as you could still have paid until midnight of the 12th. So the earliest their second PCN should have gone to you was  Saturday 13th April so more likely on Monday 15th April. The IPC Code of Conduct states "Operators must be aware of their legal obligations and implement the relevant legislation and guidance when operating their businesses." So by issuing your demand a day early, they have broken the Act, the IPC Code of Conduct, the DVLA agreement  to abide by the law and the Code of Conduct not to mention a possible breach of your GDPR .   I asked the IPC  in the letter on an earlier to confirm that  CPMs Notice misrepresenting the law was a standard practice for all of PCMs Notices or just certain ones. Their distribution  may depend on when they were issued and whether they were issued in certain localities or for certain breaches. Whichever method used is a serious breach of the Law and could lead to PCM being black listed by the DVLA . One would expect that after that even if the IPC did not cancel your ticket, PCM could not risk going to Court with you nor even pursuing you any further.
    • thanks jk2054 - do you know any law i can quote (regarding timeframe) when sending the email as if i cant they'll probably just say no like the normal staff have done? thanks.
    • I lived there with her up until I gave notice. She took over the tenancy in her name. I had a letter from the council and a refund of the council tax for 1 month.    She took on the bills and tenancy and only paid the rent. No utility bills or council tax were paid once she took it over. She will continue to not pay bills in her new house which I'm now having to pay or will have to. I have looked online I believe the police and solicitors are going by the partner law to make me liable.   I have always paid my bills and ensured her half was paid then see how much free money is over.   She spends all her money on payday loans and rubbish then panics about the rent. I usually end up paying it or having to get her a loan.   Stupidly in my name but at the time it was because she was my partner. I even paid to move her and clean and decorate her old house so she got the deposit back. It cost me £3000 due to the mess she always leaves behind.
    • Paula Venomous refused to resign for 16 months and eventually did only because a doctor threatened to resign. Interesting snippets and insights in the article. Paula Vennells clung on to ‘plum’ NHS role after Horizon scandal ARCHIVE.PH archived 19 May 2024 21:49:07 UTC  
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Kelvid123 v Halifax HELP! now filing at court


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Hi Kelvid

 

Dont worry too much about not hearing anything.

 

My Judgement was in on the 24th July but the Court kept it for 2wks doing nothing and when I rang to see if there was anything going on I was told that I had submitted the wrong form, so they sent me a new one and I sent it back the same day under nxt day delivery but Ive still not heard anythin back from them.

 

Looks like you and I are in the same boat.

It is so frustrating having to wait and not knowing whats happening but as they say ,"No news is good news".

 

Im trying to be patient but its hard. If they are going to put a stay on mine Id much rather know sooner than later, as Im sure you would too.

 

Ill keep watchin your thread with interest and wish you good luck.

 

Regards :)

30-12-2006--Requested statements from Local Halifax.

02-02-2007--Statements Recieved.

18-04-2007--Prelim sent.

20-04-2007--Reply , Thanks , give us 8wks letter.

02-0502007--Sent L.B.A. & Schedule of Charges

11-05-2007--Recieved reply ,still investigating.

17-05-2007--Sent Amended L.B.A. for Contractual Interest this time.

14-06-2007--Received standard Bog Off letter.

13-06-2007--Took N1 to Local Courts.

26-06-2007--Copy of N1 from Court, issued 21-06-2007. to Halifax, Deemed Served 25-06-2007

Have till 09-07-2007 to file Defence.

05-07-2007--Note that Acknowledgment of Service been Filed on 29-06-2007.

Have 28 days from date of Service to File Defence.

07-07-2007--Offer from Halifax.

09-07-2007--Rejection letter sent to Halifax. Next day delivery.

10-07-2007--Money put in Account:mad:

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Just to let every one know on here, we have started a fun thread.

 

http://www.consumeractiongroup.co.uk/forum/bear-garden/111273-halifax-chill-out-thread.html#post1087534

 

See you all in there!! :D

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Please don't forget this site is run on DONATIONS If this site has helped in any way, then please give a little back. ;-)

Any opinions are without prejudice & without liability. All I know has come from this site. If you are unsure, please seek professional advice. .

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Glad to hear there are still some courts not staying claims automatically.

 

And that we Halifaxians can stop invading people's serious threads with our inane whitterings.

Nationwide-A&L-Halifax 1-Student Loans Company-NatWest-Virgin Media-Link-Capital One ALL WON!

Thames Credit -statute barred sent 13/11/08

BCW- prove debt letter- 14/08/08

Apex- CCA 14/08/08

Redcats UK- SAR 14/04/09

Call Serve- CCA 14/08/08

Littlewoods- no CCA letter 03/09/08- Lowells now

Wescot- CCA 19/9/08

Capital One/Debitas- now with Lowells

 

Any opinions are without prejudice & without liability. All information has been obtained from this site. If you are unsure, please seek professional advice. .

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Hi Kelvid

 

Have you had any news yet off the Court.

 

Its this waitin about that is the hardest, like being in limbo, not knowing which way it is going to swing.

 

Ive not heard anything yet so will ring my local up tomorrow .

 

Hang tight and dont be down hearted.

 

We WILL get there in the end even if it does seem to take forever.

 

Watching your thread with interest.

 

Regards :)

30-12-2006--Requested statements from Local Halifax.

02-02-2007--Statements Recieved.

18-04-2007--Prelim sent.

20-04-2007--Reply , Thanks , give us 8wks letter.

02-0502007--Sent L.B.A. & Schedule of Charges

11-05-2007--Recieved reply ,still investigating.

17-05-2007--Sent Amended L.B.A. for Contractual Interest this time.

14-06-2007--Received standard Bog Off letter.

13-06-2007--Took N1 to Local Courts.

26-06-2007--Copy of N1 from Court, issued 21-06-2007. to Halifax, Deemed Served 25-06-2007

Have till 09-07-2007 to file Defence.

05-07-2007--Note that Acknowledgment of Service been Filed on 29-06-2007.

Have 28 days from date of Service to File Defence.

07-07-2007--Offer from Halifax.

09-07-2007--Rejection letter sent to Halifax. Next day delivery.

10-07-2007--Money put in Account:mad:

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hi Kelvin :)

have You heard anything yet ?? i got the same letter as you from optima services in post yesterday a week before 28 days were up :( so no wi have to give them another 14 days ,, grrr makes me angry is like there playing with our heads lol anyway ,, hang in there we are all behind you :)

 

good luck

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Hi Kelvid

 

Your pretty quiet.

 

Is everything alright?:)

30-12-2006--Requested statements from Local Halifax.

02-02-2007--Statements Recieved.

18-04-2007--Prelim sent.

20-04-2007--Reply , Thanks , give us 8wks letter.

02-0502007--Sent L.B.A. & Schedule of Charges

11-05-2007--Recieved reply ,still investigating.

17-05-2007--Sent Amended L.B.A. for Contractual Interest this time.

14-06-2007--Received standard Bog Off letter.

13-06-2007--Took N1 to Local Courts.

26-06-2007--Copy of N1 from Court, issued 21-06-2007. to Halifax, Deemed Served 25-06-2007

Have till 09-07-2007 to file Defence.

05-07-2007--Note that Acknowledgment of Service been Filed on 29-06-2007.

Have 28 days from date of Service to File Defence.

07-07-2007--Offer from Halifax.

09-07-2007--Rejection letter sent to Halifax. Next day delivery.

10-07-2007--Money put in Account:mad:

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Hi All, yes thanks everything is OK. Had my letter from the court today saying that due to the test case it has been stayed. No surprise there to be honest. Has anyone payed to have the stay lifted and won? Cant really see the point unless a few win as courts seem happy to go along with test case. How I read it is after test case (which I believe is January 2008) if the outcome goes our way banks have 28 days to settle, does this seem bought same as what every one else been informed? Speak to you all soon

28-05-2007--Received Schedule of Charges.

03-06-2007--Prelim sent.

12-06-2007--Reply - Thanks but charges lawful!

19-06-2007--Sent L.B.A. & Schedule of Charges

NOTHING RECEIVED AFTER 14 DAYS

05-07-2007--Phoned Halifax to discuss account. Still standing by charges.

13-07-2007--Filed N1 in Hull Court :wink:

20-07-2007--Halifax deemed served.

25-07-2007--Received offer £280 as Full and Final settlement.

27-07-2007--Sent rejection letter recorded delivery

03-08-2007--Rang Hull Court, nothing received from Halifax

04-08-2007--Sent Pre Judgement letter.

10-08-2007--Defence received from Halifax

13-08-2007--Judgement Request sent

24-08-2007--Claim stayed at Hull Court

31-08-2007--Applied for stay to be lifted

12-10-2007--Hearing for removal of stay on 31/10

31-10-2007--Removal of Stay struck out

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aww kelvin sorry to hear about stay :( afew have won after stays from what i can gather looking through diff forums ect,, and what Stone has told me also ,, so might be worth giiving it a try ,, like we said we are all behind you no matter what you decide to do have a pophugbyzappe1ak.gif to cheer you up :)

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Hi All, yes thanks everything is OK. Had my letter from the court today saying that due to the test case it has been stayed. No surprise there to be honest. Has anyone payed to have the stay lifted and won? Cant really see the point unless a few win as courts seem happy to go along with test case. How I read it is after test case (which I believe is January 2008) if the outcome goes our way banks have 28 days to settle, does this seem bought same as what every one else been informed? Speak to you all soon

 

Dont be disheartened kelvid. Some have had stay set aside, some have not, but have had banks prevented from applying any charges until after result of test case and some have just had claims settled. courts are only applying stays because peeps give up. If everyone opposes stays then courts WILL lift them if only to be free from backlog. even if you oppose stay and lose, you will be at the front of queue when banks have to start paying out again. they will still not attend courts that are not imposing stays and settling before court dates. Just hang in there we all need each other to keep going.

=======================================================================================================

[sIGPIC][/sIGPIC]

 

 

 

Halifax Won £1180.00

NatWest Won £876.00

Halifax 2 N1 submitted 20/07/07 stayed 24/08/07 N244 Application filed 31/08/07 hearing set for 12/11/07 rescheduled for 29/01/2008. Application dismissed stay still in place.

Charity Group £200 compo for lost passport.

HM revenue & Customs; demand for WTC overpayment £632.12. Disputed, their error. Did not have to repay.

All opinions expressed are my own and have no legal standing and no connection to CAG

 

All errors/typos etc are not my fault the blame lies with the spelling gremlins

 

<<<<<< If any of this has been helpful, PLEASE click my scales

 

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Hi Kelvid

 

Stone has given you some sound advice here.

 

Dont give up see about getting your stay removed .

No harm in trying , show them you are worth your mettle and you wont give in.

 

I know it sounds ages away but even if it does go on till next Jan, Feb,or March ,Its gotta be worth the wait just to say "Hey I took the bank on and I WON" .

 

Think of the enormous satisfaction you will feel. Time will fly by , I mean look its not far off xmas now andthis year has flown over.

 

It will be good in the end.

 

BTW Stone if you read this I think my ONE remaining brain cell will stay alert long enough for me to thank you for my clicky thing.LOL;)

 

Regards :)

30-12-2006--Requested statements from Local Halifax.

02-02-2007--Statements Recieved.

18-04-2007--Prelim sent.

20-04-2007--Reply , Thanks , give us 8wks letter.

02-0502007--Sent L.B.A. & Schedule of Charges

11-05-2007--Recieved reply ,still investigating.

17-05-2007--Sent Amended L.B.A. for Contractual Interest this time.

14-06-2007--Received standard Bog Off letter.

13-06-2007--Took N1 to Local Courts.

26-06-2007--Copy of N1 from Court, issued 21-06-2007. to Halifax, Deemed Served 25-06-2007

Have till 09-07-2007 to file Defence.

05-07-2007--Note that Acknowledgment of Service been Filed on 29-06-2007.

Have 28 days from date of Service to File Defence.

07-07-2007--Offer from Halifax.

09-07-2007--Rejection letter sent to Halifax. Next day delivery.

10-07-2007--Money put in Account:mad:

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Thanks everyone. I have a copy of the letter regarding 'removal of stay'. My only concern is that my claim is over £6000, and part of the letter refers to my claim being 'a relatively small sum'. Could I still use this letter despite the amount? If the answer is yes, I get paid on Friday so I will be requesting a removal of stay along with my fee. Anyone any idea how much this will be and is that all I need to do next?

  • Haha 1

28-05-2007--Received Schedule of Charges.

03-06-2007--Prelim sent.

12-06-2007--Reply - Thanks but charges lawful!

19-06-2007--Sent L.B.A. & Schedule of Charges

NOTHING RECEIVED AFTER 14 DAYS

05-07-2007--Phoned Halifax to discuss account. Still standing by charges.

13-07-2007--Filed N1 in Hull Court :wink:

20-07-2007--Halifax deemed served.

25-07-2007--Received offer £280 as Full and Final settlement.

27-07-2007--Sent rejection letter recorded delivery

03-08-2007--Rang Hull Court, nothing received from Halifax

04-08-2007--Sent Pre Judgement letter.

10-08-2007--Defence received from Halifax

13-08-2007--Judgement Request sent

24-08-2007--Claim stayed at Hull Court

31-08-2007--Applied for stay to be lifted

12-10-2007--Hearing for removal of stay on 31/10

31-10-2007--Removal of Stay struck out

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Hi Tilly, thanks for that. I have read it, filled it out and printed it so ready to go, lol. No stopping me now. On reading it it sounds like they wouldn't have a leg to stand on but these banks have a good way of squirming out of everything. I found out last night my nephew who had requested about £150 from Halifax got his paid into his bank last week so they are still paying certain people out and not others. They can't be that confident that they're gonna win the test case eh!!! Well, on Friday I will take my N244 down to court and see what happens after that. Will I just need 3 copies again like before?

  • Haha 2

28-05-2007--Received Schedule of Charges.

03-06-2007--Prelim sent.

12-06-2007--Reply - Thanks but charges lawful!

19-06-2007--Sent L.B.A. & Schedule of Charges

NOTHING RECEIVED AFTER 14 DAYS

05-07-2007--Phoned Halifax to discuss account. Still standing by charges.

13-07-2007--Filed N1 in Hull Court :wink:

20-07-2007--Halifax deemed served.

25-07-2007--Received offer £280 as Full and Final settlement.

27-07-2007--Sent rejection letter recorded delivery

03-08-2007--Rang Hull Court, nothing received from Halifax

04-08-2007--Sent Pre Judgement letter.

10-08-2007--Defence received from Halifax

13-08-2007--Judgement Request sent

24-08-2007--Claim stayed at Hull Court

31-08-2007--Applied for stay to be lifted

12-10-2007--Hearing for removal of stay on 31/10

31-10-2007--Removal of Stay struck out

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hi kelvid as far as i know its just the one copy for the court but if it is more some one will here will tell you

the very best of luck and i hope it goes well for you

 

 

I am doing same Kelvid, but am asking for hearing this cost £69. I have been advised to take three copies as per N1, I would do same if I was you, just to be on safe side as you only have seven days to reply to court letter. If you look at my thread I have discovered 94 cases that have been settled since stays were announced. this might help add weight to your application. I have asked for hearing as I think that I will find it easier to put my case accross face to face with Judge, and will be able to answer any questions.. I will PM you tonite with some other important info. Cheers for now and GOOD LUCK.

=======================================================================================================

[sIGPIC][/sIGPIC]

 

 

 

Halifax Won £1180.00

NatWest Won £876.00

Halifax 2 N1 submitted 20/07/07 stayed 24/08/07 N244 Application filed 31/08/07 hearing set for 12/11/07 rescheduled for 29/01/2008. Application dismissed stay still in place.

Charity Group £200 compo for lost passport.

HM revenue & Customs; demand for WTC overpayment £632.12. Disputed, their error. Did not have to repay.

All opinions expressed are my own and have no legal standing and no connection to CAG

 

All errors/typos etc are not my fault the blame lies with the spelling gremlins

 

<<<<<< If any of this has been helpful, PLEASE click my scales

 

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Hi Kelvid

 

Thats the spirit. Dont let anything stop you.

 

Best of Luck .

 

Fingers crossed for you.

30-12-2006--Requested statements from Local Halifax.

02-02-2007--Statements Recieved.

18-04-2007--Prelim sent.

20-04-2007--Reply , Thanks , give us 8wks letter.

02-0502007--Sent L.B.A. & Schedule of Charges

11-05-2007--Recieved reply ,still investigating.

17-05-2007--Sent Amended L.B.A. for Contractual Interest this time.

14-06-2007--Received standard Bog Off letter.

13-06-2007--Took N1 to Local Courts.

26-06-2007--Copy of N1 from Court, issued 21-06-2007. to Halifax, Deemed Served 25-06-2007

Have till 09-07-2007 to file Defence.

05-07-2007--Note that Acknowledgment of Service been Filed on 29-06-2007.

Have 28 days from date of Service to File Defence.

07-07-2007--Offer from Halifax.

09-07-2007--Rejection letter sent to Halifax. Next day delivery.

10-07-2007--Money put in Account:mad:

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Thanks all for your continued support. Will be going in on Friday so will see what happens after that.

28-05-2007--Received Schedule of Charges.

03-06-2007--Prelim sent.

12-06-2007--Reply - Thanks but charges lawful!

19-06-2007--Sent L.B.A. & Schedule of Charges

NOTHING RECEIVED AFTER 14 DAYS

05-07-2007--Phoned Halifax to discuss account. Still standing by charges.

13-07-2007--Filed N1 in Hull Court :wink:

20-07-2007--Halifax deemed served.

25-07-2007--Received offer £280 as Full and Final settlement.

27-07-2007--Sent rejection letter recorded delivery

03-08-2007--Rang Hull Court, nothing received from Halifax

04-08-2007--Sent Pre Judgement letter.

10-08-2007--Defence received from Halifax

13-08-2007--Judgement Request sent

24-08-2007--Claim stayed at Hull Court

31-08-2007--Applied for stay to be lifted

12-10-2007--Hearing for removal of stay on 31/10

31-10-2007--Removal of Stay struck out

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  • 4 weeks later...

Well guys I took my application notice for stay to be set aside on 31st August and I have heard absolutely zero since then. I think until test case we are banging our heads against a brick wall. Since more times past since last entry I must say I feel less confident for result of test case but am still gonna carry this through till the end. Ive come this far after all. Anyone had any good news in regards to claims lately?

28-05-2007--Received Schedule of Charges.

03-06-2007--Prelim sent.

12-06-2007--Reply - Thanks but charges lawful!

19-06-2007--Sent L.B.A. & Schedule of Charges

NOTHING RECEIVED AFTER 14 DAYS

05-07-2007--Phoned Halifax to discuss account. Still standing by charges.

13-07-2007--Filed N1 in Hull Court :wink:

20-07-2007--Halifax deemed served.

25-07-2007--Received offer £280 as Full and Final settlement.

27-07-2007--Sent rejection letter recorded delivery

03-08-2007--Rang Hull Court, nothing received from Halifax

04-08-2007--Sent Pre Judgement letter.

10-08-2007--Defence received from Halifax

13-08-2007--Judgement Request sent

24-08-2007--Claim stayed at Hull Court

31-08-2007--Applied for stay to be lifted

12-10-2007--Hearing for removal of stay on 31/10

31-10-2007--Removal of Stay struck out

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Hi Kelvid

 

Did you do as Tilly suggested today,give them a ring.?

 

Im so glad your not prepared to quit on this as thats what the banks want us to do.

Like you said youve come this far. Maybe the court is behind with so many cases, youll never know till you ring .

 

Please dont lose your confidence and try not to get too disheartened. Just remember your not alone in all this we ae right behind you, routin for you all the way.

 

Regards :)

30-12-2006--Requested statements from Local Halifax.

02-02-2007--Statements Recieved.

18-04-2007--Prelim sent.

20-04-2007--Reply , Thanks , give us 8wks letter.

02-0502007--Sent L.B.A. & Schedule of Charges

11-05-2007--Recieved reply ,still investigating.

17-05-2007--Sent Amended L.B.A. for Contractual Interest this time.

14-06-2007--Received standard Bog Off letter.

13-06-2007--Took N1 to Local Courts.

26-06-2007--Copy of N1 from Court, issued 21-06-2007. to Halifax, Deemed Served 25-06-2007

Have till 09-07-2007 to file Defence.

05-07-2007--Note that Acknowledgment of Service been Filed on 29-06-2007.

Have 28 days from date of Service to File Defence.

07-07-2007--Offer from Halifax.

09-07-2007--Rejection letter sent to Halifax. Next day delivery.

10-07-2007--Money put in Account:mad:

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hi Kelvin :)

my court have said they are roughly a week behind so , maybe thats the case with yours also ,, keep your chin up and the fighting spirit going ,we are all anxious but together we can win this and help each other through it :)

 

all the best :D

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