patdavies
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Everything posted by patdavies
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AFAIK, there is no tender limit on any coin or note. Legal tender has a very narrow definition and relates only to payments into Court.
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Parking Ticket and Balifs
patdavies replied to yellowplum's topic in Private Land Parking Enforcement
Doesn't make any difference. RK/owner is liable. -
Your 10 year warranty will be NHBC. This deals solely with structual problems and in their terms, the issues you list are cosmetic. They will not deal with them. Realistically, I would not expect you to get anywhere with Persimmon after 6 years. Even if they agreed that you had a case it was against the now-defunct Westbury.
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That won't fly, because you have a duty to mitigate your loss.
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Something that is true cannot be either libellous or slanderous:D
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Drakes should not deal with you in this matter, the DPA requires that they only deal with your husband.
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I assume for all the foregoing that you are the registered keeper and that the FPNs are your boyfriends. Were you, and I mean you singular, given the opportunty to test these tickets in the Mags Court. You (singular again) as the RK should have recieved correspondence regarding each FPN when it was initially unpaid, giving you 28 days to pay or make representations. If you did not get this, or you contacted them to request a court hearing and heard nothing more, then you should apply to the relevant Mags Court to have the 'conviction' set aside under S142 of the CJA. This will void the fines and all the baliffs costs. You will then recieve a summons for each ticket and you will have to attend Court. You will, in all probability, be found guilty and been fined at a higher level than the FPN - but certainly not as high as the FPM + baliffs costs. The Court may also be willing to let you work out a payment plan providiing you ask and fill out their paperwork. Are you still with the boyfriend and if not, did he conceal the FPNs, etc. from you. Warning: If none of the above applies and you simply ignored the tickets, then DO NOT go down this route - you will be committing perjury with the S142 statement of facts, which normally attracts jail time.
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please help re: speeding tickets
patdavies replied to sequenci's topic in Private Land Parking Enforcement
They will know soon enough if the camera was active. If they are to be prosecuted, then the enforcing authority (Police or Camera Partnership) must send a Notice of Intended Prosecution (NIP) to the registered keeper to arrive within 14 days of the alleged offence. Not counting the date of the alleged offence, this date is the 9th September - so if there is nothing in the post for the registered keeper by Saturday - then they are home free. If the NIP arrives after Saturday, it is 'out of time' and they cannot be prosecuted -
What can i do...?
patdavies replied to jo5ephedward5's topic in Local Authority Parking and Traffic Offences
But the local council are merely enforcing statute (RTA1991) - they have no discretion to vary any 'terms'. The 'terms' are laid out in the Act as passed into law by parliament. There is currently a consultation going on (for London) regarding the possibility of graded penalties, but as the law currently stands it is either the same penalty as everything else or no penalty. -
How so? A personal loan is just that and should continue to run for its agreed duration regardless of whether the vehicle is sold or not. The loan is in no way secured on the car.
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On the secomd question, the Sheriffs' Office should not give you any information whatsoever about your wife's alleged debt - this would be a prima facie breach of the DPA.
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Exactly so. This is what I did. I rang them at the start of the tax year and pointed out that for all tax purposes, the financial year commences on 6th April and that I was certainly not going to pay anything before the tax year started (their demand was for 1st April!); I further told them that I, like most people, was paid in arrears and that I therrefoe wouldn't be paying counicl tax in advance - we agreed on the 28th of each month.
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No, it is not HP. It is a personal loan. They cannot take your car (unless they get to the baliffs stage), although you can offer it in part payment. If you do, they will auction it (so it will go cheaply) and offset the amount recieved, less expenses,against the outstanding balance. I would do nothing until you have met with CCCS
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What can i do...?
patdavies replied to jo5ephedward5's topic in Local Authority Parking and Traffic Offences
Interesting idea of using the Unfair Contract Act to overturn the provisions of the Road Traffic Act 1991. Even if you gnore that the RTA is later and therefore takes precedence, who are you accusing of unfair terms - HM Government? -
In that case, there has to be an address
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Parking Ticket and Balifs
patdavies replied to yellowplum's topic in Private Land Parking Enforcement
If it was the council, then this is DPE (Decriminalised Parking Enforcement). Under the RTA 1991. If baliffs are involved, then this means that the Council has obtained a CCJ for each of the tickets from the Bulk Procesing Centre in Northampton. However, you should have recieved a Notice to Owner for each of the tickets before the council may lawfully go to Court, even if you never saw the ticket itself. Unfortunately under DPE, the owner/RK is liable. You need to get the baliffs re-kenneled by getting the court judgement set aside and then you need to get onto the council to obtain copies of the tickets and NTOs. There is a very good chance that the original tickets are unlawful and therefore unenforceable. I would strongly suggest visiting PePiPoo: Helping the motorist to get justice and following their advice closely - they specialise in speeding and parking problems. Members there have been party to getting Council's parking tickets overturned across the entire council due to unlawfulness of the tickets issued -
Parking Ticket and Balifs
patdavies replied to yellowplum's topic in Private Land Parking Enforcement
Who issued the tickets? Police Council or council comtractor Private individual/company -
But your contract is with the retailer. It's the same as when you have a piece of hardware that is faulty, there is a tendency to try to fob you off with "you need to send it back to the manufacturer"
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That's fine for junk mail. But how do you deal with the crap the post offcie delivers with the mail
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If you ring the Council, they will probably agree a payment plan that will need to finish before the end of the tax year (IOW, they won't let you go into next year with arrears). They will still continue to Court to obtain the liability order. Once they have this, if you deviate from the agreed plan then they can immediately go for the full amount owing and baliffs without further reference to the Court.
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It would appear that this does not apply to all BP outlets. Chieveley Services on the M4/A34 accept cheques with a guarantee card with no problem. They won't accept business cheques, but then these don't have guarantee cards.
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It will be automatically added to the database used by ANPR, to be 'pulled' if spotted How was it taxed without a V5 or the renewal notice?
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If you had peaded 'not guilty' a further date would probably have been set for trial. In any case, if you had contacted the Court and explained the circumstances, you could have requested an adjournment The DVLA have no authority to waive any fine imposed by Court; only the Court (or a higher Court) can do this But you had already told them that you were guilty, by virtue of your plea
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If the DVLA do not send you a VED reminder, then this does not absolve you from the duty to have the vehicle taxed if it is on the road. The DVLA reminders are, in law, a courtesy and not a duty. They are not required by law and the lack of one is not an excuse for failing to comply with the law yourself.
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