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Messages - sarahknows

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1
Thanks - they have now been informed formally. I will wait for the next steps. You are right I was less than a minute. Thanks so much.


2
Okay so 9(2)(e)(ii) is not relevant if the liability is transferred and so my defence is around Jopson v Homeguard that it was not parking, it was unloading, if this goes ahead.

Please can you confirm if I need to do anything further as the threatening letters come in or do I just sit tight until I get ..what exactly?

3
There is a tear off slip but it is in the middle of the page so I didnt want to tear up the NtoK. It says to submit the form on the website so I will get my husband to complete it and upload it there so liability is formally passed to me.

Currently no debt collection letters just threats at the end of the reminders.

So for 9(2)(e)(ii) them saying 'confirm the name and address of driver of the driver to which this notice can be served' is not sufficient. They needed to say to pass it on? I would appreciate guidance on this please, I didn't realise this was that significant. I was more upset about only being there for less than 5 mins and that being classified as parking.

They rejected the appeal from my husband and then when they are informed of the driver, shouldn't they have issued another NtoK to me in line with their procedures outlined rather than tell me the appeal by my husband has been rejected?

You guys are amazing, thank you so much.

4
Thank you so much for your help. I will proceed on option 2. Can I just confirm what that really entails. Do I need to keep replying to the debt collection agency that I am not paying? Or do I just ignore the letters? What do I need to look out for to know it is now in the court phase?

I have just found 2 more correspondences. The latest one is now suggesting they are directing their communications to me so they seem to have accepted transferred liability just from my earlier appeal telling them to.

I have uploaded the communications in what I think is chronological order, (last 2 might be the other way around but the font was too little in the pics to see). Sorry for not providing this all at the start. I don't think it changes much except now they are communicating with me.

https://imgur.com/a/vwy7tf9

5
Thanks so much. Sounds like there is no alternative apart from waiting for the threatening letters.

If they do take this to court what would be my defence? Will I need a solicitor etc or will I be able to handle this with all the help of you helpful people and chatGPT ;)

To be fair to my husband he just doesnt want the hassle and wanted to just pay up. He is the exact target for these type of threatening letters.


6
They have invited the keeper to provide the name and address of the driver in the 5th paragraph second bullet.

7
It was a Notice to Keeper.

The last 2 pages of the link are in relation to the first appeal from my husband and then the second appeal from me advising them to not contact my husband anymore and address me.

The images shared with me as evidence only show 2 minutes of observation. 17.19 to 17.20, you can see in the last minute the driver is getting back into the car so left immediately after.

I might have come back later but would not necessarily have parked in exactly the same place as I would have had to get out of the car for collection. Also the images only show the period around 17.19, there are no images of another period. The sign is very forbidding and does not appear to allow any parking on paved areas.

8
The PCN was for parking on paved area when the signage says parking on paved area is not allowed (this seems to be forbidding signage). I was barely parked as I was just unloading a passenger, maximum 5 mins.

The notice came to the registered owner, my husband. However I was driving.

I parked for under 5 minutes to allow my daughter (a child) to enter the residence safely. She could not find the doorbell so I was out of the car to ring it and then back. In total it was less than 5 minutes.

My husband sent the first appeal making it clear the parking was for only a few mins and the circumstances. It was rejected. I then took over as I did not want to pay however my husband did not want to be involved and said I must inform them to address me as he did not want to be caught up and it affect his credit rating etc.

https://imgur.com/a/HZr7s3X
https://imgur.com/a/HZr7s3X
I have uploaded photos to show:
- the signage
- the car (it seems to have been observed for a minute)
- the correspondence from them
- both the initial appeal and the second appeal. No appeal was submitted to IAS as I read conflicting messages suggesting it is pointless.

I would really like to take initiative to avoid threatening letters coming through the door as my husband will cave and pay up and I think it is completely unfair. Is there anyway to nip this or will I need to wait for them to take it to court?

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