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    • Thank you. Such a good point. They did issue all 3 before I paid though. I only paid one because I didn’t have proof of parking that time, only for two others.    Unfortunately no proof of my appeal as it was just submitted through a form on their website and no copy was sent to me. I only have the reply. I believe I just put something like “we made the honest mistake of using the incorrect parking area on the app” and that’s it. Thanks again for your help. 
    • They are absolute chuckleheads. You paid but because you entered a different car park site also belonging to them they are pursuing you despite them knowing what you had done. It would be very obvious to everyone, including Alliance that your car could not have been in two places at the same time. Thank you for posting the PCN so quickly making it a pity that you appealed since there are so many things wrong with it that you as keeper are not liable to pay the charge. They rarely accept appeals since that would mean they lose money but they have virtually no chance of beating you in Court. Very unlikely that they will take you to Court given the circumstances. Just in case you didn't out yourself as the driver could you please post up your appeal.
    • Jasowter I hope that common sense prevails with Iceland and the whole matter can be successfully ended. I would perhaps not have used a spell checker just to prove the dyslexia 🙂 though it may have made it more difficult to read. I noticed that you haven't uploaded the original PCN .Might not be necessary if the nes from Iceland is good. Otherwise perhaps you could get your son to do it by following the upload instructions so that we can appeal again with the extra ammunition provided by the PCN. Most of them rarely manage to get the wording right which means that you as the keeper are not liable to pay the charge-only the driver is and they do not know the name and address of the driver. So that would put you both in the clear if the PCN is non compliant.
    • Thank you so much. Yes, I wish I had done my research and not paid. It's all for the same car park. Here is one of the original PCNs, they are all the same bar different dates. PCN-22.03.24-1.pdf PCN-22.03.24-2.pdf
    • Hi Clou, Welcome to the Forum and thank you for reading first before you posted. There seems to be many problems with Cornwall and getting a signal to use your a phone which could be why these parking companies don't use alternatives. It is a shame you paid the first one as you would probably have not had to pay that one either.  Was the car park at which you paid the same parking company as the one sending you these PCNs? On the subject of PCNs could you please post them up so we can see if they comply with the Act.
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taking friend to small claims court


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if at the court stage he claims he can't pay more than x amount, I think he has to fill out a means form where he declares all his incommings/outgoings to prove this claim to the judge, who will then decide a fair ammount if it's obvious he cannot pay.

 

Obviously your mate will try and claim his money goes on his kids, etc... so it might be worth mentioning in writing somewhere about his brand new car, house, etc... to show him up to the judge come the court day.

"Be reasonable, demand the impossible"

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if at the court stage he claims he can't pay more than x amount, I think he has to fill out a means form where he declares all his incommings/outgoings to prove this claim to the judge, who will then decide a fair ammount if it's obvious he cannot pay.

 

Obviously your mate will try and claim his money goes on his kids, etc... so it might be worth mentioning in writing somewhere about his brand new car, house, etc... to show him up to the judge come the court day.

 

oh ok mate.... he doesnt have kids so thats cool, the house ISNT in his name, he cant claim all his outgoings are going on just a car then can he :shock:

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I think he'd struggle to convince a judge given what you've said. The means form is meant to be for people who are really on the breadline, living off benefits, etc...

 

thats what i like to hear.... but whoever is giving him advice seems to think he can do it so he only has to pay the bare minimum per month. Also can i hand deliver the letter to his home address and finally it is reasonable to assume that he continues paying whatever he was per month while the case is taken to court?

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thats what i like to hear.... but whoever is giving him advice seems to think he can do it so he only has to pay the bare minimum per month. Also can i hand deliver the letter to his home address and finally it is reasonable to assume that he continues paying whatever he was per month while the case is taken to court?

 

I wouldnt hand deliver the letter as there is no actual proof it has been posted and you may need to prove he received this letter if it gets to court, use royal mail, either recorded delivery or special delivery ;-)

:madgrin:

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Reporting his weed-selling activities isn't going to solve your problem so I'd suggest that you follow the good advice you've been given so far and stick to the case in point.

 

i know i was just ranting n raving cuz i hate the bloke i really do :D

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I wouldnt hand deliver the letter as there is no actual proof it has been posted and you may need to prove he received this letter if it gets to court, use royal mail, either recorded delivery or special delivery ;-)

 

ok well i've got his postcode now. is he within in his right to stop paying me until it went to court then? I have discussed he will waste money on a solicitor, he may possible get bad credit against his name but he seems fine about it as he doesnt intend to purchase anything else in the near future :confused:

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If he doesn't respond during the court stage he will get a default against his name then it is up to you to decide what to do next.... whether to use enforcements such as bailiffs, order for oral examination (that's the one i went for), attachment of earnings, etc.....

 

He seems extremely infantile if he doesn't mind getting a default against his name as he doesn't intend to purchase anything in the future!!!!!! What a foolish statement! How does he know what the furture would hold for him.... does this man not think of when he has a family in the future???? I guess this must be his immaturity talking.

 

When you say is he within his rights to stop paying you until it goes to court, is he paying you already? I was of the impression you weren't getting paid.

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if at the court stage he claims he can't pay more than x amount, I think he has to fill out a means form where he declares all his incommings/outgoings to prove this claim to the judge, who will then decide a fair ammount if it's obvious he cannot pay.

 

Obviously your mate will try and claim his money goes on his kids, etc... so it might be worth mentioning in writing somewhere about his brand new car, house, etc... to show him up to the judge come the court day.

 

Exactly! This is the Order for Oral Examination. I felt this one was just and fair and would give a good indication of whether he's concealing monies in his account.

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There is a very big lesson here to be learnt DON'T under ANY circumstances lend /loan or borrow any money to friends etc...

 

And what a friend this one is turning out to be....!

 

Now this is going to sound really stupid...

but.......

 

If he owes you the money..and assuming he still has the car...(which under HP he cannot sell because it belongs to the HP company)..

 

Can't you just take the car back...? And then sell it...

 

OR maybe I am reading this all wrong and you will all shout at me for being a dozy moo....LOL!

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When you say is he within his rights to stop paying you until it goes to court, is he paying you already? I was of the impression you weren't getting paid.

 

he has paid last two months 100 quid after i've been chasing him for it and then he usually responds within a week later telling me he will pay me next month if i am lucky

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There is a very big lesson here to be learnt DON'T under ANY circumstances lend /loan or borrow any money to friends etc...

 

And what a friend this one is turning out to be....!

 

Now this is going to sound really stupid...

but.......

 

If he owes you the money..and assuming he still has the car...(which under HP he cannot sell because it belongs to the HP company)..

 

Can't you just take the car back...? And then sell it...

 

OR maybe I am reading this all wrong and you will all shout at me for being a dozy moo....LOL!

 

the car he bought off me he crashed within two months of having it

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There is a very big lesson here to be learnt DON'T under ANY circumstances lend /loan or borrow any money to friends etc...

 

And what a friend this one is turning out to be....!

 

Now this is going to sound really stupid...

but.......

 

If he owes you the money..and assuming he still has the car...(which under HP he cannot sell because it belongs to the HP company)..

 

Can't you just take the car back...? And then sell it...

 

OR maybe I am reading this all wrong and you will all shout at me for being a dozy moo....LOL!

 

Bluedog.... you're absolutely right.... but that's why I'll always make sure an airtight contract signed by both parties is in place before cos you never know what may happen in the future... but on the other hand if you don't want the hassle it's not a good idea to lend in the first place. Neither a borrower or a lender be!

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the car he bought off me he crashed within two months of having it

 

Thats so awful...for you that is.

Did he get insurance from the wreck/crash...?

If he did then that should have been used to pay for the car...

That is of course IF it was insured..

Good luck with the small claims..

My heart goes out to you... he has got you over a barrel, but there's a lot of fight left in you ...I hope??

 

"Bluedog.... you're absolutely right.... but that's why I'll always make sure an airtight contract signed by both parties is in place before cos you never know what may happen in the future... but on the other hand if you don't want the hassle it's not a good idea to lend in the first place. Neither a borrower or a lender be!"

 

I agree there Marcel.

No matter how well you know someone ALWAYS get a legal contract drawn up...you have to let your head rule your heart...

 

Sorry its not quoted properly..not sure how to do it for 2 quotes in the same message...LOL!

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He is insured and he is apparently waiting payout for it, he has had the car back but cant afford to get car repaired or the person who was actually driving the car when the accident happened is going to pay for getting the car repaired. He has no attention of giving me that money i know that.

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He is insured and he is apparently waiting payout for it, he has had the car back but cant afford to get car repaired or the person who was actually driving the car when the accident happened is going to pay for getting the car repaired. He has no attention of giving me that money i know that.

 

 

Hi,

 

 

I think it's time to stop beating around the bush, and get that first letter sent to him, to be honest!

 

Go for it!

 

 

Good luck, Jeff.

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i will, i'm going away for a week now though and when i return i will send him that letter. i wont do it while i'm gone as my dad will be at home alone and dont want them idiots to come round while no-one is here.

 

should he still continue to pay me though or can he refuse to pay until it gets to court?

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He can do what he likes but it would be wise to continue paying you as he'd only be paying out more in the end due to interest charged. You must submit a spreadsheet with your N1 claim form of payments already made with dates and outstanding amount.

 

ok... just wish he would give the whole amount and **** off

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  • 4 months later...

I accepted the monthly payments he was giving of £100 per month, he owes less than 1k now. This months payment he is due to give today, its 21.20 and he is no longer answering my calls or anything. He's trying to get me vexed but I will not fall for it, whats the best option for me legally. Going small claims for £900 would that be worth it?

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I think you know the answer to your question.

You had all the encouragement back in August, you have threatened you will do it, now is the time.

Yes £900 is a small claim, so send him the demand and if no reply the letter before action and then carry it out, don't dilly dally, get it done or you will be back again in another four months asking the same question.

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I think you know the answer to your question.

You had all the encouragement back in August, you have threatened you will do it, now is the time.

Yes £900 is a small claim, so send him the demand and if no reply the letter before action and then carry it out, don't dilly dally, get it done or you will be back again in another four months asking the same question.

 

Exactly!

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