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tony.b.johnson

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Everything posted by tony.b.johnson

  1. I contacted Northamptonshire County Council with the document as advised by the various experienced member here. After 3 weeks, I have today received their reply: "After carefully considering your challenge, I am pleased to inform you that on this occassion the notice has been withdrawn as a gesture of goodwill but should remind you that it is the drivers responsibility to ensure that a valid pay and display ticket is clearly displayed at all times." So, finally a bit of humane goodwill and a successful challenge !! Many thanks to everybody here..
  2. I parked my car on 27th May at 20:28 Purchased a parking ticket and displayed it on my dashboard. Returned to the car at 21:55 to find a PCN stick on my windscreen. The Notice state the following ‘ Enforcement officer XXXX had reason to believe that the following contravention had occurred and that a penalty charge is now payable: Contravention: Code: 83 Parked in a car park without clearly displaying a valid pay & display ticket or voucher or parking clock. Time of contravention: 20:39 On further checking, I noticed the ticket had been blew off the dashboard and on the driver’s seat! I do have the original ticket. And have not appealed or done anything yet. Would be grateful for your views & informed advice, please. Thanks in advance
  3. AN Update: I submitted the form with details of my German friend, within a week of receiving the NIP. As of today, 17th November, neither myself nor the German have received any further communication from West Midland Police. Perhaps the case is Closed!
  4. Couple of weeks ago, a German friend and family came over to visit. I lent them my car for the weekend. Today, I received Notice of Intended Prosecution from West Midland Police. Apparently, my car was caught doing 70mph on M6 between J4 & J5 where there is a variable speed limit of 60mph!! The NIP asked for information of the driver. Should I submit the name and address of my German friend? What would happen to him? Will he be prosecuted in German, or call to face the music in West Midlands? I wonder if anyone had similar experience and can give me some advice, please. Many thanks.
  5. I work in a small garage who own several company cars. We are allowed to use these cars to pick up customers etc., On 10 April 2013, one of the company car was photographed doing 35 mph on a 30 mph limit area. The following week, a Notice of Intended Prosecution was received. As the owner cannot identify who the driver was, he requested further information. A couple of letters were exchange in the ensuring two months. At the end of October 2013, the Garage received a Summon to appear at the Magistration Court. The owner pleaded not guilty on the provided form. Now a hearing date has been set for early February. I understand that Section 127 of the Magistrates Court Act 1980 provides that these kind of matters should be dealt with within 6 months. Here are the sequence of events: 1. 10/04/2013 Car photographed doin 35 mph on 30 mph road. 2. 17/04/2013 Notice of Intended Prosecution issued. 3. 22/04/2013 Letter request for further infromation. 4. 24/04/2013 Responded to the request. 5. 01/05/2013 Reply to the letter of 24/04/2013 6. 12/06/2013 Letter from Fixed Penalty Support unit, saying 'There is currently no Fixed Penalty procedure in respect of cases where the keeper of the vehicle is unable to provide information to identify the drive. Tje file now forwarded to Summons Procedure Unit who will i due course issue a summons against the registered keeper or nominated user.' 7. 22/10/2013 Summon from Magistrates Court received. Stating: 'Date of information: 21/10/2013.....' 8. 29/10/2013 Not Guilty plead sent to the Magistrate Court. 9. 16/01/2014 Summon received. In light of the above sequence, I think the Magistrates Court should not be dealing with this case anymore, as the 6 month period has lapsed. Can anyone please advice? Many thanks.
  6. I have been made bankruptin October 2005 and discharged a year later. My only asset was the heavilymortgaged house I own in joint names with my wife. In November 2008, theJoint Trustees applied to Court for possession and sale of the property. The Court ruled that ‘onehalf of the beneficial interest in the property is vested in the Applicants(Joint Trustees) under section 306 of the Insolvency Act 1986. The Court ordered: (1) Therespondent do deliver up possession of the property to the Applicant forthwith. (2) The Applicant may sale the property and(3) The Applicants’ costs of the application be added to the costs of thebankruptcy. The Applicants undertakingto the Court not to enforce the order provided the Respondent co-operate duringthe period up to May 2009 with the property being valued and viewed andmaintained all payment due to the mortgagee. A survey was done on thehouse in November 2008, which valued it at £220,000 In May 2009, the JointTrustees wrote to me with this information, adding that ‘charges on theproperty totalling £207,730’, and they are prepared to accept £5,000 in settlementof the beneficial interest of the Trustees. I replied by arguing that (1)Houseprices have dropped by 5.74% between January and April 2009, and (2) they havenot taken into account of the professional fees involved in realising theirbeneficial interest. I offered them£1,500 in full and final settlement, which they have rejected. Nothing happened in theinterim until November 2011, when they wrote to informed me that they havereceived an up-to-date valuation putting the house at £235,000.- There are alsoMortgage £197,810.- and others charges £6,306. They have therefore calculated their 50% share totals £15,442. Unless an adequate proposal is received 21days, they will consider enforcing a sale on the open market. I have searched theproperty index recorded at Land Registry. This indicated that the propertyprice in my area between November 2008 and today are virtually the same ( withthe index showing 263.5 My questions are asfollows: I read somewhere that JointTrustees have 3 years after bankruptcy to dispose of the property of the bankrupt.Is this correct? If Land Registry recordsshown the price index are identical for the two periods, how can they add£15,000 to the value of the property? Can the Joint Trustees applyto Court for an Eviction Order? If they obtained anEviction Order, can I apply to Court for suspension, subject to agreeing thevalue of the 50% Shares of the Joint Trustees? Or ask the judge to put a fair value? Any and all informationare much appreciated. Many thanks. Tony
  7. On a windy day in September2011, I parked at Willen Lake and paid for a ticket. I placed the ticket on mydashboard. When I returned to the car, a ‘Fixed Penalty Charge’ (FPC) was fixedto my window. Apparently, the ticket hasfallen to the floor!! I wrote to Napier withcopy of the Parking Ticket complete with Receipt to appeal the ‘FPC’, but hadno reply. Several months went bywithout further communication. But out of the blue, I had a message on myanswerphone at home today from TNC Collections. Without knowing who or whatthey are, I called them. They said thatthey are collecting on behalf of Napier for the FPC. So I told them that it isup to them to prove that I was the driver of the vehicle at the time. From what I understand,they have no basis for their claim. I intend to continue to ignore them. My wife is worried thatthey may send in Debt Collectors etc etc., How can they find my phonenumber? What should I do if theycontinue to hassle me with telephone calls?
  8. Well, we have all been there before, Scarlettuk Don’t worry too much. You just have to face up to it. Don’t let the Banks bully you. As long as you can prove that you are able to resume payment and pay something towards the arrear, the judge would be incline to suspend any eviction. Have faith in this Forum. They are, in many ways, better than a lawyer in is situations.
  9. Following our Court hearing on 18th August, we received a letter from Paratus yesterday: Quote: Thank you for your recent payment proposal to address the arrears on your mortgage account. We can confirm that your proposal is acceptable. The expected payments and agreed term is shown in the schedule. Unquote They seemed oblivious to the fact that they issued a Warrant for Eviction, and we went to Court …………… Or they have actually written this letter 2 months ago, but forgot to send it out!!?? There was no mention of the fees and charges incurred by the court case. We will keep a close eye on this.
  10. Thank you for your valuable advice. They are accepted and will be followed.
  11. Thank you Ell-enn. Yes I will. I will write to them for confirmation that they will initiate the DDM for the CMI + £50 at the last working day of each month. Also that they have withdraw any charges levied on the account since June, due to their mistake of not collecting the arrears. I have also written to them to obtain full history of my account, with a view to claiming any unreasonable charges levied. As long as I can maintain payment, I can now ignor any bullying tactic from Paratus!! We can now get on with our life....
  12. Thank you Ell-enn. Yes I will. I will write to them for confirmation that they will initiate the DDM for the CMI + £50 at the last working day of each month. Also that they have withdraw any charges levied on the account since June, due to their mistake of not collecting the arrears. I have also written to them to obtain full history of my account, with a view to claiming any unreasonable charges levied. As long as I can maintain payment, I can now ignor any bullying tactic from Paratus!! We can now get on with our life....
  13. Hi Ell-enn, All went smoothly as you predicted. My wife and I cannot thank you enough for the unreserved support you have given us and composing a very clear statement to go with our application, which is why the Judge found it not necessary to ask me any question. THANK YOU!!!
  14. Hi Ell-enn, All went smoothly as you predicted. My wife and I cannot thank you enough for the unreserved support you have given us and composing a very clear statement to go with our application, which is why the Judge found it not necessary to ask me any question. THANK YOU!!!
  15. Have completed our hearing in 10 minutes and not been asked to ask!! The Judge addressed the REP from Paratus: What was the arrear in June 2010 and what is the latest arrear balance? The REP said £10,100 and now £8,800.- The Judge said ‘the arrears have been reduced by £1,300 in a year, so what is the reason for today’s hearing?’ The REP said 'my client do not feel confident that the defendant can afford their payments in the future'. The Judge said the defendant has built a track record over the past year, who is to say they cannot maintain this in the future? The Judge then ask what is the remaining terms of the mortgage and what is currently being paid towards the arrears? Answer 16 years and £50.00 per month. He said this seemed perfectly reasonable. The Judge said our courts are governed by the rules from the Court of Appeal case on Norgan in this situations – as long as the arrears can be paid within the terms of the mortgage this is acceptable. He said that Paratus is applying their own law to their cases. He said that when the previous arrangement came to an end in May, Paratus should have written to us for an update and re-negotiates a new arrangement. There is no need to apply for an eviction! It is apparent that have failed to do this. The Judge said that the only reason why companies like Paratus are applying for eviction in this kind of situation is that they felt they can add the costs to the mortgage account, but he is not going to allow this to happen in this case. He orders that the eviction be SUSPENDED subject to maintaining payment of CMI plus £50 towards the arrears. A whole-hearted THANK YOU to Ell-enn and everyone on this forum. Words cannot sufficiently express our gratitude for your support and guidance on this very stressful situation.
  16. Have completed our hearing in 10 minutes and not been asked to ask!! The Judge addressed the REP from Paratus: What was the arrear in June 2010 and what is the latest arrear balance? The REP said £10,100 and now £8,800.- The Judge said ‘the arrears have been reduced by £1,300 in a year, so what is the reason for today’s hearing?’ The REP said 'my client do not feel confident that the defendant can afford their payments in the future'. The Judge said the defendant has built a track record over the past year, who is to say they cannot maintain this in the future? The Judge then ask what is the remaining terms of the mortgage and what is currently being paid towards the arrears? Answer 16 years and £50.00 per month. He said this seemed perfectly reasonable. The Judge said our courts are governed by the rules from the Court of Appeal case on Norgan in this situations – as long as the arrears can be paid within the terms of the mortgage this is acceptable. He said that Paratus is applying their own law to their cases. He said that when the previous arrangement came to an end in May, Paratus should have written to us for an update and re-negotiates a new arrangement. There is no need to apply for an eviction! It is apparent that have failed to do this. The Judge said that the only reason why companies like Paratus are applying for eviction in this kind of situation is that they felt they can add the costs to the mortgage account, but he is not going to allow this to happen in this case. He orders that the eviction be SUSPENDED subject to maintaining payment of CMI plus £50 towards the arrears. A whole-hearted THANK YOU to Ell-enn and everyone on this forum. Words cannot sufficiently express our gratitude for your support and guidance on this very stressful situation.
  17. Hi Pupter I have followed your case and just read your update. Congratulations!! You deserve it. Your case has given me a lot of positive energy. Thank you.
  18. Hi Pupter I have followed your case and just read your update. Congratulations!! You deserve it. Your case has given me a lot of positive energy. Thank you.
  19. Hi jammydodger, You have come to the right forum. I see you have started your thread. Please do not panic. Jumping up and down doesn't help your case. There are many very able contributors with lots of experience in this kind of problems here. I would suggest that you compose a clear and concise history of your situation, giving the background as to why you are facing eviction. Once you have written and posed it up, I am sure you will get the necessary help from this forum. Good luck.
  20. Hi jammydodger, You have come to the right forum. I see you have started your thread. Please do not panic. Jumping up and down doesn't help your case. There are many very able contributors with lots of experience in this kind of problems here. I would suggest that you compose a clear and concise history of your situation, giving the background as to why you are facing eviction. Once you have written and posed it up, I am sure you will get the necessary help from this forum. Good luck.
  21. Hi Ell-enn, We are back and suitably refreshed!! It was a wonderful few days, although there were light rains when we got to Windermere. But that has not dampened our enthusiasm. We are now ready to ‘face the music’ tomorrow morning. We will get there early and seek the advice of the free legal advisor, if one is available, and ask him to accompany us into the court. In the unfortunate event that the judge finds against us, we will immediately ask leave for appeal and obtain an N161 form from the counter and lodge an appeal. But we are quietly confident that this would not be required. Is there anything else that we should prepare for? We will update here when this audience with the judge is over with. Thank you for all your support and advices
  22. Hi Ell-enn, We are back and suitably refreshed!! It was a wonderful few days, although there were light rains when we got to Windermere. But that has not dampened our enthusiasm. We are now ready to ‘face the music’ tomorrow morning. We will get there early and seek the advice of the free legal advisor, if one is available, and ask him to accompany us into the court. In the unfortunate event that the judge finds against us, we will immediately ask leave for appeal and obtain an N161 form from the counter and lodge an appeal. But we are quietly confident that this would not be required. Is there anything else that we should prepare for? We will update here when this audience with the judge is over with. Thank you for all your support and advices
  23. Ell-enn, my wife wishes to convey her most sincere thanks for all your help and assurance. We will make the most of our trip this weekend. It's been a few year since we were last there. Very much looking forward to it.
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