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At present, High Court Enforcement agents are only able to enforce judgments if they relate to non consumer credit debts and have a value of over £600. Judgements relating to consumer credit debts (typically, a debt relating to a bank loan, credit card debt, catalogue debt or any other finance agreement) may only be enforced by a County Court Bailiff. The High Court Enforcement industry has campaigned for many years for the law to be changed to allow them to enforce judgments in relation to 'consumer credit debts'. Earlier this year, the High Court Enforcement industry had their hopes raised that the law will be changed with the release of the Ministry of Justice's Civil Courts Structure Review that was chaired by Lord Justice Briggs. In the review, Justice Briggs stated that County Court enforcement is presently: “heavily localised, paper based, prone to error in form filling, and widely perceived to be slow, ineffective and expensive” A public Consultation was issued (now closed) and in the next few weeks a final report is due to be published. Today the Money Advice Trust issued the following release: http://www.moneyadvicetrustblog.org/2016/07/22/no-enforced-changes-some-thoughts-on-the-lord-justice-briggs-review/ A copy of their response to the Consultation is below: http://www.moneyadvicetrust.org/SiteCollectionDocuments/Policy%20consultation%20responses/Unilateral%20responses/Money%20Advice%20Trust%20response%20to%20the%20Civil%20Courts%20Structure%20Review%20Interim%20Report%20consultation%20paper.pdf -
I have received a NTK, I was not the driver. In answer to the stickies questions: 1. 24/05/2016 2. 20/06/2017 (27 days after incident by my calculation) 3. 22/06/2016 (posted second class) 4. No 5. Yes (but you cannot see anything of the car park, only the car) 6. No 7. Civil Enforcement (Liverpool) My partner and her friends all received the same notice on the same day (3 drivers and 3 cars). They had all met at a KFC in Christchurch, Dorset for lunch and were in the restaurant the whole time. They have exceeded the allowed time of 75 minutes - looks like they were in there for about 110 minutes. One of them has since been back to the car park and tells me that it is 'plastered' in signs which all three of them insist were not there at the time of the infringement. (I do not know if there were any signs at all, or just not clearly visible and obvious). Thanks. -
Hi, My other half received a PCN from Civil Enforcement Ltd following her picking up a prescription at the local doctor's surgery. She has a letter from the surgery confirming that this was the case on the same date on which the PCN says. My wife decided to inform Civil Enforcement Ltd directly that this was the case, along with the letter, and surprisingly enough these cowboys rejected her appeal. She then informed me of this and I am now trying to sort it out. In their letter to her they said their internal appeals process has been exhausted and if she wishes to continue her appeal she needs to go directly to POPLA. Could you please let me know whether I can write to them again, along the lines of the thread below or whether I will need to go to POPLA? I'm guessing they'll just ignore any further correspondence directly to them. http://www.consumeractiongroup.co.uk/forum/showthread.php?464918-PCN-from-quot-Civil-Enforcement If I need to appeal to POPLA could you please advise on what the letter should say? I have attached the PCN (I don't have a scanner at home hence the various pieces of paper covering up details - the letter is identical to the one in the link above). The incident date was 17 May 2016 and the PCN issue date is 15 June 2016. Thanks
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There have been some interesting changes in relation to the Civil Procedure Rules 2016. I am very interested in Part 89 in particular. >> https://www.justice.gov.uk/courts/procedure-rules/civil/rules/art-89-attachment-of-earnings Are these changes going to be of use and can they be used for all attachment of earnings? Your thoughts please.... For the full changes see here >> https://www.justice.gov.uk/courts/procedure-rules/civil
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READ MORE HERE: https://www.gov.uk/government/news/dwp-announces-extra-support-for-armed-forces-spouses-and-civil-partners-to-help-protect-their-state-pension -
@lidluk Athena APNR civil parking charge notice.
Kumby posted a topic in Private Land Parking Enforcement
Hello, I have recently come across this thread and at my wits end. I'm someone that has always paid whatever fine possible and tried to stay away from these wicked exploitation which brings me to my recent dilemma. I received a 'civil parking charge notice' by the above mentioned body of Athena APNR Ltd. It details the Incident date : 5/3/16 Issue date: 9/3/16 Parking charge: £90 With no mention of a law under any section by the way. The problem is the time I have used the parking space. I parked there due to the fact that the store was closed which was at 2:47 am. My question is that is this valid as the space wasn't in use or in breach of any laws. Is this enforcement valid at these times? Pls help!!! -
Civil Enforcement Limited claim issued at CCBC It's been acknowledged and notified will defend via NCOL The POC is for 'Outstanding Debt and Damages'and a note 'I will provide the defendant separate detailed particulars within 14 days of service of the claim form' The detailed particulars of claim were received on day 12. They mention Vine v Waltham Forest (2000) 4 ER 169 - When defendant parked they accepted by their conduct the conditions of parking They also point to case of Parking Eye V Beavis Supreme Court Ruling (establish legality of car park operators to charge...) They have added a 'Statement of Truth' and it's signed by their solicitor. They have attached a Schedule of Information which indicates the Site Details and Registration etc the Summary of Terms states it's a Maximum Parking Allowance exceeded I am helping the defendant with this as they have tried to deal with Civil Enforcement directly but got nowhere. The 'Incident' was on 08/04/2015 it's a 5 hour 'stay' but the defendant was over stayed by over 2 hours. The site has a cinema and number of eateries, they were parked for those purposes. I have looked at Received Court Papers From A Private parking Speculative invoice?? I will continue to hunt the threads but a defence needs to be prepared, I am going to see the site as I am pretty sure the sinage is rather poor however I wanted to check the following: If the ANPR camera is located at the 'entrance' to the car park even though you would need to drive over 100m to reach the 1st 'space' (or notice) does the parking notice not need to be displayed at the ANPR site?? Any other threads or specific help would be much appreciated. -
Please help I received a county claim from Civil Enforcement Limited (CEL) for 225 pound The time spent in the car park was 20 minutes. It is a pub car park in Warrington city centre Was picking up my brother after a night out so I drove into the car park to wait for him. The pub was shut at this time and the car park was unlit so I did not see the signs. I received a PCN in the post but I ignored it (In hindsight , I shouldn't have in hindsight. Oh well!!) and then nothing till I received the claims form in the post two weeks ago and the particulars of claim last week. I have attached the claim form and particulars of claim . Please HELPPPPPP Claim form and Particulars of Claim (CEL).pdf -
Any help would be appreciated. I am trying to establish whether my solicitor has acted negligent by not following the pre-action protocol in respect of a Disrepair claim which has now been settled, after 6 years of my local council denying liability under the OLA 1957. I had an accident during the period where liability was being disputed but my solicitor is claiming that he did not have the funds to pursue a PI claim but never advised me on this, and on checking the pre action protocol under Disrepair claim there is reference that would suggest that in any event, a claim for PI arising from a Disrepair claim could and probably should have been made by a qualified legal representative as the Disrepair procedure makes reference to a PI claim if an injury has occurred because of the disrepair, in this case a out-house flooded everytime it rained.
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Hi Folks We share a car park with another business that doesn't open every day but when they do, their visitors use our spaces as well as their own. We normally park in the adjacent car park where there are always spare spaces then when some our guys go out on the road, we move into our own spaces. I parked in one of the spare spaces at 8.55am and then went down around 10.30am to move it and someone had ticketed me. Copy of both sides of the ticket are attached. The signs around the car park all refer to a "Master Sign" at the entrance which is a quarter of a mile away, obscured by a sign as you drive in and if you stopped to read it you would cause an accident. Photos of the master and small print on the master attached in another post. Can you help ?
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Dear all, I unfortunately suffer from chronic depressive illness and have done so for many years with the condition significantly worsening over the past few years. In the year 2011 I had been subject to police investigation. I attended a police interview on a voluntary basis. Due to my debilitating depression I had an appropriate adult also attend this interview who I understand was a social worker at that time. The social worker, without my explicit consent, went on to record the details of the alleged criminal charges I faced on the NHS Trust’s IT system and within my electronic patient records. This information is categorised as highly sensitive information as defined under section 2 (h) of the Data Protection Act and the Trust seemingly recorded this information unlawfully. Their response however is that the processing of this information was 'necessary for medical purposes'. The criminal matter has been long since disposed of in my favour however the Trust are continuously processing this information wherever and whenever possible. I am not clear on whether or not explicit consent was needed here. It seems to me it was. I should be most grateful for any input. -
I'm hoping this will be straightforward - I see there are many similar posts in this forum. I received a Civil Parking Charge Notice 'Notice to Keeper' from Athena ANPR Ltd for 'Exceeded Free Parking Duration' at Lidl. The limit was 90 minutes and this was exceeded by 25 minutes. The Incident Date was 22/11, NTK issue Date is 25/11 and I received it 27/11. The car had been parked in Lidl whilst I did some shopping for a friend I was helping to move into a flat nearby. I entered the car park at 13:26, have a till receipt for 14:04 (28 mins later), took the shopping to my friend & helped her move some boxes/furniture around, returned to Lidl and picked up a few extra things (no receipt but it's on my Visa statement), then exited the car park at 15:22. This was the first time I'd shopped at Lidl (and probably my last), so was entirely unaware that they operate this system. I expect there are signs announcing the charge/penalty, but I certainly didn't see any (I've asked my friend to take some photos). I intend to appeal to Athena. Will the following suffice (suggested by Armadillo71 & successfully used for a similar case): 'As registered keeper of vehicle registration xxx xxx I am not liable for this charge. Enclosed is a copy of my till receipt and credit card statement for the date in question. I was not the driver on the date of the event. Please cancel this charge forthwith, or alternatively issue a valid code for the independent appeals service POPLAicon.' Further advice was to obtain free proof of postage from the PO (or retain copy of appeal via email) + never divulge the driver's identity re ANPR capture 'unless advised to by someone with the understanding of how the murky PPC world operates'. -
I drive a company car have recently received an email from the lease company advising they have received a PCN from Civil Enforcement Ltd for overstay at a free KFC car park. The lease company have passed on my details to CEL as the keeper of the vehicle and absolved themselves of all liability. Most of the advise i can find on the net is to totally ignore this and any further correspondence from CE L but i was thinking of emailing KFC to log my disgust at this treatment of one of there customers, my only concern being that this might be construed as me identifying myself as the driver of the vehicle which i am not obligated to divulge. For this reason am i better of ignoring this completely ? The KFC car park was i thought free but apparently had a 2hr maximum stay which i was not aware off , given that it was free i have no ticket or any other form of contract so feel im not culpable in any way. APNR was in use which i was not aware of either. Some of the advise on the various boards to ignore go back a few years and i know there have been some changes in the law regarding this in the last couple of years and wondered what the perceived wisdom is now? Many thanks for any pointers -
I'm new here and I have a question in regard to the wording below "This agreement is in full and final settlement of all claims that the Claimant may have against the Defendants in relation to the claim and/or any other claims howsoever or whensoever arising as at the date of the withdrawal of the appeal, whether the Claimant is currently aware of any such claims or not." I'm just about to sign a settlement in regard to civil issue. Does the wording above prevent me as a claimant from taking any legal action against the defendants in the future even if it is something that is not related to the claim at all and that arise after the date of withdrawal? For example, if the Defendants decided to victimise the Claimant in the future will I be able to challenge that or am I barred from doing so by signing the above ? I really appreciate your help
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Hi - new to this so apologies if covering old ground. I have received a PCN via ANPR for parking on the 13/10/15. I received the PCN today, 2nd November, which is outwith the 14 days requirement I have read about. PCN is dated 21/10 and the envelope is franked 22/10 and, again from what I've read tonight, the law assumes it was delivered within a few days UNLESS I can prove otherwise. There's no way it took 10 days to get here & I suspect they manipulate dates to appear they stay within the 14 days limit & make you panic with only a few days to pay the lesser amount Anyone any experience of this? Was going to write to them but not sure I should acknowledge -
Good afternoon Everybody, I've been reading some of the very helpful replies to posts but unfortunately acted before reading:| Not a great start/ idea:madgrin: as Ive just identified myself for liability purposes. Please could some one tell me if this method is still the best/ current way and if I have got a correct understanding of the process so far:?: I did not realise you should wait between 28-56 days for NTK and this would cost them:oops: waiting for the POPLA code which is run by BPA. Appealing to who ?????? with the POPLA code number. Are we talking about appealing direct to CPP or Parking On Private Land Appeals with the POPLA code:?: Please Clarify:???: I received a parking ticket stuck on my windscreen in the first week of October 2015 asking for £100.00 if paid withing 14 days £40.00 from Liberty Printers AR and RF Reddin trading as CPP (Car Parking Parnership) a third party parking provider for a local UK hospital and used this template letter below replying in the same week. I have used before in a similar situation for an Asda car park which proved extremely successful. If memory serves me right I believe I obtained the from either Get out of Debt Free or The Consumer Action Group forums. Many Thanks for whoever posted it in the first place:-) Unfortunately I mistakenly typed in the wrong notice number in error :-xCPP have sent me a letter back in the second week of October 2015 and rightly so have said in their reply that they are unable to locate the parking charge with the information I provided to them. They have requested for me to confirm the reference number and are asking for my vehicle registration number. Of course they have my address from the letter below and I have no problem with giving them the correct notice number but am unsure about giving my vehicle reg as I thought I maybe giving them more than what's needed? In addition they enclosed an standard letter please see attached stating about contract with driver, enforceability of the charge and rejection of invalid invoice. Quoting previous court cases of prosecution as these quoted legislations were not applicable on private land. I believe some sort of scare tactic to make you think you stood no chance and to frightening you in to paying them. I hope their attachments can be read to shed some light on their bullyboy claims and does anyone please have a more effective up to date letter that I can fire off for my second letter. Or do I continue to play ball this time round extending on my first letter with the right notice number. Did try to upload their standard letter but because I am Newbe:!: without 10 post under my belt I am unable to upload images or include any links. My Letter Sent:!:in week one of October 2015 Car Parking Partnership (CPP) PO Box 635, Chorley, PR6 6NJ Re: Notice Number XXXXXXXXXXX To whom it may concern, Firstly your so called notice is nothing but an attempt to frighten people into paying your invalid charges. The so called notice is not legally binding as no contract agreed or implied has been entered into. The Unfair Terms in Consumer Contracts Regulations 1999 5 (1) A contractual term which has not been individually negotiated shall be regarded as unfair if, contrary to the requirement of good faith, it causes a significant imbalance in the parties' rights and obligations arising under the contract, to the detriment of the consumer. I would like to draw your attention to the following article and believe that as your company is a private company and is not associated with either the local council or police authority, your charge is invalid. (There was a hyperlink included to an appeal now .com) I have not and will never enter in to any contract agreed or implied with your company nor have I broken any law or statute. I have returned your notice clearly marked "No Contract Return To Sender" as I have no wish to enter into contract with your company. Further action on my part will incur charges which will be chargeable to your company. My charges will be invoiced at the following rates... Initial Charge of £250 then £150 each time I have to respond in relation to this matter. All legal expenses and costs will be charged in addition to the above charges. Pursuing this matter will trigger these charges and by doing so, your company agrees to these terms. I look forward to your response within 7 days. Regards -
My girlfriend(RK) received a NTK(attached) from Athena ANPR Ltd for 'Exceeded Free Parking Duration' at Lidl. The limit was 90 minutes but we exceeded by 12 minutes. Incident Date is 08/09, NTK issue Date is 10/09 and it hit the doormat on the 12th September. I was driving that day. As many times in the past, we waited for our daughter to finish her guitar lessons nearby, after we done some shopping at Lidl. My girlfriend(RK) paid for the shopping with her Credit card. She doesn't have the Lidl receipt but the transaction shows up on her credit card statement. Is it worth appealing? Please advise. -
hello. ive just received a letter from the legal team from the csa . saying that i cannot take them to court as there is no duty of care to avoid economic loss and they have stated a case from rowley vs secetary of state 2007. i am owed 2.300 in arrears from 2012 and have tried several times to get my money now this letter is threatning me with substantial court costs if i continue to take them to court over this matter can any one help. im a carer on benefits .
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i just had an enforcement /bailiff officer come to my door this morning ,in regards to a parking ticket issued by the council some time ago ,, my wife had got a bit behind with making payments as her memory isn't all that great on this fine , and 2 weeks ago she went into hospital for major brain surgery , and i rang excel civil enforcement to make them aware that my wife would be in hospital for the next week or so , and once shes back home and recovered she would ring them , she can out of hospital YESTERDAY , and low and behold THIS morning an enforcement officer turned up demanding £400 , my wife answered the door , and he told her he would be back on the 28th for full payment , the original payment was £167 , and now its £402 . she explained she had just come out of hospital and and that she was on benefits , and he told her it's not his problem and he left leaving her no documentation to say he had even been !! , i wake up and find out , and i ring excel civil enforcement , and they tell me i need to speak to the enforcement officer as its his job now , and not the actual office who dealt it out , so i ring him , and his attitude is " i don't care" he tells me wife when he comes back on the 28th , with a warrant to enter the property and take goods , can he do that ? because i certainly am not gonna let him through the front door !! -
I'm not sure if this is the right section but has anyone completed the competency based questions on a civil service application form before, as I'm stuck with it. I've completed most of the form but just need to complete this section. Thanks
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@lidluk Athena ANPR Civil Parking Charge Notice
neiloh posted a topic in Private Land Parking Enforcement
I am expecting a civil PCN to land any day now after being told it had been received by my employer (I drive a company car). I have read quite a lot of previous posts but seem to see half saying ignore the PCN, and another half saying don't ignore it, appeal it. As a lot of these previous posts go back months/years, I dont know if the best way of handling them has changed so am hoping for a more up to date suggestion of a response. I pulled into a car park (Lidl) while on a hands free phone call, knowing it was going to go on for ages so thought it best to just stop and pick it up. 25 minutes later, I finish the call and leave the car park. Must admit, I was completely oblivious to the fact it wasn't a free car park. I worked on the assumption that if a car park attendant needed me to move, I am sitting in the car so can do so. There were loads of free spaces so I wasn't taking up a valuable space. I have since been back and there are signs dotted around to say max of 60 mins for Lidl (and another store) customers but they cant be that obvious as I didn't notice them when I went in (see attached). So my questions are: 1. Should I ignore any correspondence I get? 2. Do I have an explanation good enough to make a legitimate appeal? 3. Should I just pay the fine and forget about it (even though I think its disgusting). Thanks in advance for any help. -
Do you think it is possible for there to be a civil war in parts of the U.S. within say the next 20 years ? It would seem that multiple shootings are taking place on a regular basis, with 9 people killed in a Church in the latest episode. Then we have regular occurrences of white Police Officers killing black suspects, with some riots happening as a consequence. It would not take much for this to escalate into mini civil wars in some parts of the U.S, with the National Guard brought in to assist Police. If you could imagine the 2011 UK riots with the addition of widespread ownership of guns. Potential for a nightmare situation. U.S. Government really has to deal with the situation. The National Rifle Association and the gun lobby in the U.S could be making life much more dangerous, on the basis that guns help people to defend their families. That argument seems to suggest that you have to make sure you have a bigger gun than any potential enemy.
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Hi all, I've been a long time reader of this forum and first time poster. I have a mountain of debts, mainly payday loan companies and I'm looking for some advice. I currently owe: Wonga - £282.16 Quickquid - £402 (referred to ARC DCA April 2015) Pounds to Pocket - £701.09 247 Moneybox - £162.60 Sunny - £640 (3 serparate loans) Payday Express - £132.80 118118 Money - £1361.85 (£291 arrears) Different Money - £294 Vodafone - £559 BT - £130 (passed to DCA, not sold May 2015) This is all of my current debts and I am considering a DMP with StepChange. I am looking for some advice regarding my options and the best way to help clear the debt. I would argue that I shouldn't have got loans from a few of these companies due to already being behind on other loans and having a poor credit rating. So yeah, any advice on how to proceed would be greatly appreciated. Thanks!
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Hi, I received a claim form from CEL to day, with a service date of 22 of may 2015,is this correct or should I have had more time . Thanks
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hi I received a civil parking charge from Athena ANPR ltd my husband over stayed a 1 hr free parking by25 mins due to lack of staff manning the tills in our local LIDLs the incident occurred 10/04/14 and I received the notice 18/04/14 I wrote to appeal stating notice number registration number reason why I took so long in the shop named above stated I cannot justify your profit of loss of £90.00 £45.00 if paid within 14 days asked for POPLA number and signed the letter registered keeper today I received a letter asking me to verify the appeal was sent by me as it was addressed to Miss B king please help as £90 or £45 is more than what I would spend in LIDL as this is a free car park which is very busy and can take up to 20 mins to find a space the queue goes out on the main road and staffing in store is very poor
