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  • debtguy
    replied
    Originally posted by Night Monkey View Post
    debtguy has posted a link to scans of the letter received in post #15, I've tried to upload copies directly into this post but it throws an exception.
    Yes, I couldn't manage either - that's why I posted the onedrive files. They should work OK.

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  • Night Monkey
    replied
    debtguy has posted a link to scans of the letter received in post #15, I've tried to upload copies directly into this post but it throws an exception.

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  • The Tech Clerk
    replied
    download copy of what you got ;redact personal info and numbers so we can see what you actually got? copy of N1 or something else?

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  • debtguy
    replied
    I should add that part of the problem is that the address that the letters are going to is occupied by a friend of mine and his wife, but that his elderly uncle also lives at the premises in a separate building and is still the legal owner.

    I used to run a restoration business and pay them rent to store cars there. As I am no longer doing so they are starting to feel aggrieved at the hassle they feel I am causing them. All the mail goes to the uncle, and he hands it out to my friend as he sees fit. Unfortunately he is suffering from incipient dementia, and has simply been sending the letters back, with everything struck through and marked 'return to sender'.

    My friend sussed that this was happening after the previous letter, but unfortunately not until after it had been sent back, which is why, until last week, I knew that there was a bus lane fine that had been issued, but not by whom it had been issued! And in order to challenge it the system says that you have to contact the issuer directly - the DVLA don't do that. And of course, as I had no way of finding out who the fine had been issued by, I couldn't contact them. So there may have been prior letters that I have not seen, which fit the description of the letter you mention (i.e. blue/white form with N1 at the top).

    I fear this one may be 'last chance saloon', and the only reason I have had sight of it is because I asked my friend please, please, please to try to stop his uncle returning the letters. They are both beginning to get pissed off with me because they are worried about the bailiffs coming round to their address, and I have managed to make them understand that the only way I can stop the bailiffs coming round is if they let me see the letters!!!
    Last edited by The Tech Clerk; 5 June 2022, 08:53. Reason: patagraph enteries please makes easy reading.

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  • debtguy
    replied
    Originally posted by The Tech Clerk View Post
    is the letter/form blue/white with code N1 on it court form if so top right should have details to respond on line with codes?? That ia a claim form and needs to get on line and acknowledge claim no letters at this stage, confusing letters??
    No, just a black and white typed one, and no N1 at the top or codes to respond to. It says Form PE2 at the top right. It is very specific that I only have two options: 1) contact Brighton and pay the fine; or 2) Respond to the court in writing by snailmail with a sworn statement witnessed by a law officer saying that I never received the original fine letter. And I obviously can't (won't, because I am buggered if I am going to pay someone else's fine!!) do No. 1, and I can't do No. 2 because I am abroad so there is no time.

    The form of words used is this:


    An order to recover a penalty charge has been made against you at the Traffic Enforcement Centre at Northampton County Court.
    Dated 19/05/22
    YOU MUST WITHIN 21 DAYS (of the date shown on the postmark) EITHER
    Pay the total amount due (shown above) to:
    Brighton and Hove City Council, Parking Services, G39, Hove Town Hall, Norton Rd, Hove, BN3 3BQ
    OR, file a statutory declaration on the enclosed form and send it to the Traffic Enforcement Centre at the address given below.
    THE DECLARATION MUST BE SIGNED BEFORE A COMMISSIONER FOR OATHS (E.G. A SOLICITOR) OR AN OFFICER OF ANY COUNTY COURT APPOINTED BY A JUDGE TO TAKE AFFIDAVITS OR A JUSTICE OF THE PEACE (AT ANY MAGISTRATES COURT). YOU MAY HAVE TO PAY A FEE.

    NOTE:
    THE ONLY GROUNDS ON WHICH YOU CAN MAKE A STATUTORY DECLARATION ARE:
    1. You did not receive the notice to owner (notification of the penalty charge)
    2. You made representations about the penalty charge to the local authority concerned and you did not receive a rejection notice
    3. You appealed to the Parking Adjudicator against the local authority's decision to reject your representation, but you have had no response to your appeal.



    As I said, the first of those three instances applies to me - I have never seen the original letter, or indeed any communications from them, because they are not going to my address. But I can't respond in time or via a UK legal office because I am abroad.

    So I am very much beginning to think that I am screwed - that they will reject my representations and the only way to avoid a CCJ will be to pay someone else's fine. Which REALLY sticks in my throat, because it is clear that he intentionally didn't send off the V5C, because he wanted to stitch me up and be able to drive around scot free, secure in the knowledge that I will cop for anything he gets done for! And what is REALLY annoying me is that the DVLA has now accepted that I am not the keeper, but the identity of the keeper is unknown either to them or to me. So I would have thought that the sensible thing for them to do would be to cancel the tax on the vehicle, as that would then cause it to be flagged by passing police cars and they could stop the car and find out the owner's ID. But no - I have just checked and it is still taxed and (freshly!) MoT'd! So they have neither cancelled the tax nor flagged it to come up when presented for an MoT.

    I have also just realised that tomorrow is a bank holiday and so I can't contact them until literally the last day of the period allowed!
    Last edited by debtguy; 5 June 2022, 08:05.

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  • The Tech Clerk
    replied
    is the letter/form blue/white with code N1 on it court form if so top right should have details to respond on line with codes?? That ia a claim form and needs to get on line and acknowledge claim no letters at theis stage, confusing letters??

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  • debtguy
    replied
    'Write to us'...

    https://www.find-court-tribunal.serv...ent-centre-tec

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  • debtguy
    replied
    Originally posted by Roger View Post

    As The Tech Clerk points out you must go online and acknowledge the court claim, tick defend all, and your defence that the DVLA records Jan 2020 evidence this car is not your property.

    Inform Brighton Council DVLA records Jan 2020 the car isn't your property.

    I would also out of curtesy advise in writing the people at the address where the car was registered.
    A written letter could be handed to any chancer turning up at that address be they a bailiff or a Debt Collector!

    If you don't acknowledge the claim you will get a CCJ by default! A complication that could have unforeseeable consequences at some future Date.
    Thanks folks. I appreciate the advice, and I will notify them both. However, there is one problem - the letter gives no opportunity to go online - the only way of combatting it that they accept is returning the letter by snailmail with a sworn statement from a legal officer, saying that I did not receive the original. Unfortunately, not only did I not receive the original fine (because I don't own the car and don't live there), but I have also not received this letter in concrete form - all I have is a couple of scans from the people at the address. And there is no time for them to send me the letter, me to get it witnessed by a UK legal officer, and get it back to the UK again, before the time limit, which I make to be the coming week - Tuesday 7th or Wednesday 8th, according to whether they count the day they sent the letter in the 21 days. I am in a bit of a quandary - I suppose I could phone them on Monday, but I am anxious not to give them my address in case they don't accept my excuse, and I imagine they will ask for an address!

    I am trying to upload the letter (2 sides) as attachments, but I remember from before that uploading attachments to AAD is difficult! So I have created a onedrive album with them in - I am pretty sure that's a secure way to do it, but please tell me if it isn't!

    https://1drv.ms/u/s!AoCJmOvXusCZ8GAD...nHiCx?e=qcTcU1

    Leave a comment:


  • Roger
    replied
    Originally posted by The Tech Clerk View Post
    inform the council the fact DVLA noted = Jan 2020? reference their letter.? court claim acknowledge it on lione and tick defend all, defence would read not your ptoperty and advice Jan 2020 as per DVLA records???

    Roger probably pop in here.
    As The Tech Clerk points out you must go online and acknowledge the court claim, tick defend all, and your defence that the DVLA records Jan 2020 evidence this car is not your property.

    Inform Brighton Council DVLA records Jan 2020 the car isn't your property.

    I would also out of curtesy advise in writing the people at the address where the car was registered.
    A written letter could be handed to any chancer turning up at that address be they a bailiff or a Debt Collector!

    If you don't acknowledge the claim you will get a CCJ by default! A complication that could have unforeseeable consequences at some future Date.

    Leave a comment:


  • The Tech Clerk
    replied
    inform the council the fact DVLA noted = Jan 2020? reference their letter.? court claim acknowledge it on line and tick defend all, defence would read not your property and advice Jan 2020 as per DVLA records???

    Roger probably pop in here.
    Last edited by The Tech Clerk; 7 June 2022, 07:42.

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  • The Tech Clerk
    replied
    Originally posted by debtguy View Post
    Actually, while I am here, could someone tell me where to post the other query, because I am not sure where. It is about a bus lane fine for a car that I sold 2 years ago but the V5C was never received by the DVLA (my brother-in-law handed the car over to the purchaser and the silly bugger gave the bloke the V5C instead of posting it, which is what you are supposed to do), so the letter has come to the address where the car was registered and I have received the fine (I live abroad). It seems that the new keeper of the car intentionally kept the car in my name in order to be able to drive scot free - they have now sold the car and left the V5C STILL in my name, although that is now terminated by my acknowledgement from the DVLA that I sold the car in Jan 2020.

    The first I knew of it was when the letter arrived at the house where the car was registered - the occupants told me about it (I had no idea the car was still in my name!). However, they returned the fine letter to sender and so I didn't know who to contact about the fine. I have notified the DVLA and the car is now logged as not having been in my name since Jan 2020, but now the people who issued the fine, whom I now know to be Brighton City Council, have issued a summons and I have to respond to Northampton County Court (surprise surprise), or I risk 'getting the bailiffs in' (good luck on that one as I am abroad).

    The people at the address where the car was registered are most distressed and are anxious that I should deal with it, because they have already had one visit from a bailiff. I have told them it doesn't matter as the debt is personal to me, but they are not reassured. Question: should I respond to Brighton, to Northampton CC, or just ignore it (it is a £90 fine).

    I have about 6 days left, and the only 'official' way I can get out of the fine is to send a sworn letter from a legal officer saying that I wasn't the culprit, which I obviously cannot do as a) I am abroad; and b) the timescale is too short to get the letter to them. I can phone them but I would rather not give them my foreign address is possible, but I have a UK address I could use (an empty flat where I can pick up mail). Thanks -

    I will just copy and paste this to the right forum if someone can tell me which one! I assume that if a judgment is issued it will have the same status as the credit card debts did? It is presumably just another civil debt that is unenforceable abroad?
    Keep paragraphing for easy reading.

    Leave a comment:


  • debtguy
    replied
    Actually, while I am here, could someone tell me where to post the other query, because I am not sure where. It is about a bus lane fine for a car that I sold 2 years ago but the V5C was never received by the DVLA (my brother-in-law handed the car over to the purchaser and the silly xxxxxx gave the bloke the V5C instead of posting it, which is what you are supposed to do), so the letter has come to the address where the car was registered and I have received the fine (I live abroad).

    It seems that the new keeper of the car intentionally kept the car in my name in order to be able to drive scot free - they have now sold the car and left the V5C STILL in my name, although that is now terminated by my acknowledgement from the DVLA that I sold the car in Jan 2020.

    The first I knew of it was when the letter arrived at the house where the car was registered - the occupants told me about it (I had no idea the car was still in my name!). However, they returned the fine letter to sender and so I didn't know who to contact about the fine. I have notified the DVLA and the car is now logged as not having been in my name since Jan 2020, but now the people who issued the fine, whom I now know to be Brighton City Council, have issued a summons and I have to respond to Northampton County Court (surprise surprise), or I risk 'getting the bailiffs in' (good luck on that one as I am abroad).

    The people at the address where the car was registered are most distressed and are anxious that I should deal with it, because they have already had one visit from a bailiff. I have told them it doesn't matter as the debt is personal to me, but they are not reassured. Question: should I respond to Brighton, to Northampton CC, or just ignore it (it is a £90 fine).

    I have about 6 days left, and the only 'official' way I can get out of the fine is to send a sworn letter from a legal officer saying that I wasn't the culprit, which I obviously cannot do as a) I am abroad; and b) the timescale is too short to get the letter to them. I can phone them but I would rather not give them my foreign address is possible, but I have a UK address I could use (an empty flat where I can pick up mail). Thanks -

    I will just copy and paste this to the right forum if someone can tell me which one! I assume that if a judgment is issued it will have the same status as the credit card debts did? It is presumably just another civil debt that is unenforceable abroad?
    Last edited by The Tech Clerk; 3 June 2022, 13:40.

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  • debtguy
    replied
    Originally posted by Joanna Connolly Solicitors View Post


    Thank you for that

    I also get satisfaction out of helping people fight against the bad practices of creditors and debt purchasers - particularly the latter!

    Di
    This is grotesquely late, but I was reminded of it because another issue has come up (see post elsewhere), but I wanted to say another big thankyou to Di and to Joanna Connolly solicitors, because they both 'kick ass' as the Americans say. I had around £100,000 of debts, mostly UE and all dating from 2015. Only one of the slimy leeches who buy the debts (forget which) tried to take it to court, and they were discouraged from doing so by one letter from Joanna Connolly's, which demonstrated the utter pointlessness of their case. That appears to have discouraged the others from trying, because the 6-year mark passed in November 2021 and I never heard another dicky bird. So thank you to this wonderful forum, to Di, to Niddy and to Joanna Connolly's, because you have almost literally saved my life.

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  • Sam Audley
    replied
    Thank you DNW. We are glad that we were able to assist you

    You know where we are, should you need us.

    Many thanks
    Sam

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  • Timewilltell
    replied
    Congrats to both.

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