GrumpyToSayTheLeast
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Everything posted by GrumpyToSayTheLeast
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Unable to pay tax online or over phone. Car Clamped ruined Christmas
GrumpyToSayTheLeast replied to Sadface's topic in DVLA
No excuse. It was not taxed, and parked on the public highway. Clamp was then applied and you paid to have it released and taxed the car. You then received a fine for having an untaxed car on the public highway. Pay the fine, move on, and remember to tax the car. -
I'm surprised judge didn't dismiss as vexatious and award costs.
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Enforce CCJ at third party premises
GrumpyToSayTheLeast replied to abedegno's topic in General Legal Issues
Yes, if they are there daily and going to and from jobs from that address, then I would class it as a trading address. However, if it is just the storage of goods and they only pop there now and again, then its likely the court, and the hceo, would see it merely as storage, and as such, would need a 3pp order. If it's a grey area, its likely the hceo is erring on the side of caution. -
Enforce CCJ at third party premises
GrumpyToSayTheLeast replied to abedegno's topic in General Legal Issues
Before the court would award an order, you MUST ensure you have the following information. What assets are there. A description and or dvla checks is the norm. How do you know the debtor keep assets there. Why do you believe the assets there belong to the debtor. A description of the building and how to gain access and how to subsequently secure the building. Normally, the hceo office would do all this and the application for you. If you get it wrong, its likely you will lose the application and any court costs paid will also be lost. -
What is the actual contravention listed on the notice?
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Marston's are entitled to act like this. They believe he lives there. He is registered there. They have been shown no proof to the contrary. They have been refused access twice. They shouldn't be asking her to pay it, which they are not. They are asking him to pay it. A stat dec would be fine. BUT, he is registered there, he does collect his mail, so he could fall flat on his face. This could also open up the dvla to pursue for failure to notify a change of address and also a benefit check as to why he isn't registered at his gf's address(if she is on benefits). Lying and making false stat decs wont win favours with the court.
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IMHO, id pass it straight to a hceo company, pay the £66 transfer fee and let them take a crack at it. You really want to do this before their legal dept start getting their teeth into it and dragging it out.
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Surely you have your insurance papers that shows you notified them of the three points? If you didn't notify them or didn't check the paperwork and they were not listed, then I would say you are the one that breached the contract by not having valid insurance that would pay out. If your original paperwork does show the points, then get back onto the insurance company.
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Even if it got a ticket whilst clamped you would still be liable so I dont see what grounds you are appealing on.
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I'm sorry, but I must agree pixel, you make yourself sound quite tech "unsavvy" the way you are speaking. For a tech, the absolute minimum is changing passwords often and keeping an up to date antivirus. And there are many more ways of getting viruses on your pc than what you have quoted. I'm sorry, but not changing passwords, not having any antivirus, not keeping tech secure and then not changing passwords after you have lost said unsecured tech is a fine way to fall foul of hackers /[problematic]/id thieves. How do you know that a government website wasn't hacked, you then logged on their to do something and downloaded a virus from there without even realising. Also, virus scanning AFTER an event is often useless as a lot of viruses will shred themselves to avoid detection once it has what it wants. Personally, id write of the £30, get a decent antivirus and move on.
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Off topic posts moved
GrumpyToSayTheLeast replied to Justice Seeker's topic in The Bear Garden – for off-topic chat
I read your post. Do i get a free tin foil hat? -
Because we search cupboards, wardrobes, attic, garages, sheds.... No, to force entry, they will generally have to know someone is in, be it either the defendant or someone covering for him. No unless the EA has a belief you are lying. If you are calm and orderly and show the required paperwork, you will be fine. If unsure, make sure you record what is going on. If you provide all the paperwork and are open and honest, he should disappear quickly.
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Had one the other day where occupants confirmed they didn't know of debtor. Neighbour confirmed the same. Police were called who pnc'd the address and no mention of debtor on their system. Whilst we were outside arguing and occupant distracted , I skirted around and entered through an open door. We removed an adult male from UNDER(not in) upstairs bed and he later admitted he was debtor. So yes, we take it with a pinch of salt and attitude and helpfulness is 80% of confirmation of occupancy.
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Just by being open and honest and having the paperwork should sort this matter out. The chance of him forcing entry after having a civil chat and seeing the paperwork is slim to none.
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The problem is, if he doesn't believe you, you WILL have to provide proof of ownership. A stat Dec nay work with court and can be used as a 3rd party claim but ultimately, the court will make that decision after removal. If you are compliant with the EA however, then the chances are he will be gone within minutes. You have no idea how many times EVERYDAY we are lied to. We need to confirm its a gone away, not just tell the court we have been told. We have to see the proof.
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My two pence worth. I would have as much documentation like council tax and tenancy agreements to hand as well as id's. Feel free to tell the EA to go away. All you will do is get his back up and arouse his suspicions if you are being evasive/abusive. At this point, I wouldn't be surprised if he starts the process of gaining entry to search the property if he believes the debtor to reside their and your actions can give him that belief. Ultimately, its not the EA putting you through this stressful position, its the debtor that has not paid the debt. The EA will continue until he is satisfied. Showing paperwork of who lives at the address proves just that...who lives there. But it doesn't prove the debtor doesn't live there. Only a search will sometimes confirm this. And a stat Dec will be ignored by the EA. You need to get the court to accept it and withdraw the EA. Yes, I wouldn't expect someone's mother to pay even if the debtor did live there. But any doubt as to who owns the goods could result in a removal which can only then be stopped by payment or a third party claim.
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DVLA didn't take DD, now fined me for no tax
GrumpyToSayTheLeast replied to dazworld's topic in DVLA
What's the point of small claims against the DVLA? Its almost impossible to enforce with neither hceo ot county court bailiffs able to enforce against them. Unlawful fine? The car was untaxed. Therefore they were fined. The question is who's fault wad the non payment. We need more detail yet. -
The bailiff can discuss almost all aspects of what he is doing there, but shouldn't discus the balance. That's about the only thing that is restricted.
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It is the EA that need to be satisfied that the debtor foes kit reside there so its not a surprise you have been referred back to him. Feel free to play hard ball, the bailiff will the just believe you are shielding and continue and can force entry. Court fines for any sort of criminal offence. Fighting. Cruelty to animals. Driving offences. Companies house fines. Public order. Bylaw fines. Contempt. There are loads.
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DVLA didn't take DD, now fined me for no tax
GrumpyToSayTheLeast replied to dazworld's topic in DVLA
Um, could you have not done what the rest do and check your dd's each month? Maybe the bank would authorise it. Maybe you were short of funds the first month... Maybe, just maybe, the dvla did call for it and something went wrong your end? Have you asked the bank if it was ever called for? Did you check your statements for the days the money was due to come out to check money was in there? -
Wont be helpful in any sort of claim, it would just show she has been dismissed.
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So she has only worked their for 12 months and therefore can be dismissed as just not making the grade. No unfair dismissal there. And posting up images of the boss isn't going to make a difference.
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Who was the third party and what is their connection to the case? Yes, they will fully admit they don't have a paragraph 15 "order" as they don't need one. Just forget about needing a separate warrant, you will just waste your time.
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Only if the court take note of the stat Dec will it have any effect, the EA wont be interested if the court doesn't tell him to stop.
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If the Enforcement Agent holds a magistrates warrant, no further "warrant" to force entry is needed as the power to force entry is contained within the warrant he already holds. No, the name thing is not an issue. Many people are registered for an EA certificate using full names and often enforce using a more commonly used name. But it is worth checking it is actually him and that he does hold a certificate. Regarding the DPA, the EA can state who he is, the company he works for, what he is there to enforce, how he is going to enforce it and ways to stop enforcement. He shouldn't be giving balances out to 3rd parties though without the debtors permission. Marston holdings and Marston's group are one and the same. And if this is indeed a hmcts fine for speeding, then the bit about a locksmith.....isn't drivel.
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