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Messages - andrewb1218

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1
Thank you all once again! The date of the NTO is 29 April. Apologies for being such a novice here, I'm wondering whether anyone might have some draft wording we might use in the formal appeal submission, just to make sure we do it right. All very much appreciated!

2
Hi - thank you for this info! Please let me know how I should proceed if you can - should we now submit a formal appeal? If you have any specific wording you would recommend, great :) otherwise I will just compose something including the repainting issue. Thank you!

3
There is only one other photo in the council pics, which is just of the motorbike sign, but it doesn't show where it is placed - my mum had thought it didn't refer to the bay she was parked in so believed she was able to use her blue badge. If you need, the PCN is AG92752932 and the car reg is LT24SXZ

4
Thank you! The Google maps reference should be: https://maps.app.goo.gl/c6GcJLapniQQx6396?g_st=ac
It was on Mill Hill Broadway, outside Boots. Yes, the photos are all from the council with the exception of the repainted marking, which my mum took shortly they had rejected her appeal.

Thank you again for your kind advice :)

5
My mum apparently parked in a motorcycle bay in Mill Hill NW7, London. It was accidental as the bay marking was extremely faded (see photos - https://imgpile.com/p/FMY1vnH), and the other indicator, a pole, seemed to her to relate to a separate bay. She was displaying a valid blue badge. The council issued her a PCN. When she returned to her vehicle, she asked the attendant why the PCN had been issued. He said that he would not have issued it but a motorbike rider had been trying to park. He agreed with my mum that the signage was totally faded. My mum challenged the PCN online stating that the parking was unintended and explaining the above. They refused the appeal. Interestingly, within days they had repainted the ground marking indicating the motorcycle bay! On this basis we decided to make a formal challenge. The Notice to Owner has now been received. Look forward to hearing your kind advice, with thanks in advance!

https://imgpile.com/p/FMY1vnH

6
Thank you - they did inform me, albeit only after I asked but, as the notice of discontinuance was dated today, they would just say they were going to inform me. I think I've got the result I wanted, which is that the claim won't go ahead. Thank you for your helpful guidance all this time.

7
You can see the date at the bottom is today's date so I assume they just realised they hadn't paid the fee so had no choice but to discontinue.

8
Success! I wrote to Moorside Legal and they wrote back today confirming they have filed a notice of discontinuance with the court (link below).

Please let me know if I need to do anything else - I assume not but just in case.

Thank you for all your help.

https://imgur.com/a/f9ngifD

9
Hi, thank you :) The hearing has not been vacated and the case is not showing as struck out in the system, hence the court representative's advice that I should proceed as if it is still continuing. My point about contacting the solicitors isn't to allow them to recover from their failure, they wouldn't be able to pay or request payment now as the deadline has passed. It was just to get confirmation on whether they had requested it or not. If they hadn't, I wouldn't need to worry further as the claim would automatically be struck out, even if it was only struck out at the hearing.

Just wasn't sure what to do, happy to hear your recommendation.

10
Thanks again, I hope it will be struck out too but in the meantime I'm apparently to act as though it continues. I think the only evidence I would have to submit would be the photo showing the blank section between two sections of double yellow line, and perhaps the correspondence I had with the claimant's solicitors, so that shouldn't take long.

Do you see any harm in emailing the claimant's solicitors to seek confirmation of whether they have indeed paid the fee or requested payment? I agree with your point but the backlog in the court system isn't the claimant's fault so the court would honour the payment if it had been requested before the deadline.

Best wishes

11
Thank you. I called again and was advised that I should continue as though the claim is still proceeding, as it has not been updated as struck out on the system, and the hearing date is still live. Although no fee has been paid on the system, they cannot rule out that the claimant had requested payment from account via email within the deadline - they would not have a record of this and there is a huge backlog.

Is there any harm in emailing the claimant to request confirmation whether they have paid the fee or not?

Otherwise, the court representative said I should just proceed with submitting my evidence, as sometimes the case is only struck out at the hearing! They did comment how inefficient the system was...!

12
Hello again! I called the court this morning and it appears no payment has been logged on the system. However, they mentioned that some companies may request payment to be taken from an account by email and that, if the email was received in time, it would still be processed. So I have emailed the court for confirmation on an urgent basis. Not sure when I'll hear back but the evidence is due in by 17 July if the case does continue. Would you recommend awaiting the court's response?

Best wishes

13
Hello again and with many thanks for your continued help and support! :)

I have received a notice of allocation to the small claims track (hearing) - available here: https://imgur.com/a/vmp8pYR

Hearing date set for 4 August with evidence to be provided by 17 July.

Grateful for any recommendations of how best to proceed.

Best wishes

14
Thanks for this tip, I'll try calling. I'm in Hendon, NW London, and I think Hendon Magistrates Court is serving as an extension to Wood Green County Court, which would be my nearest. Other than that, my nearest would be Barnet or Willesden.

I'm still hoping Moorside will drop the case, of course, or that the court will throw out the claim before it gets to hearing stage. I haven't replied to Moorside on their last email.

15
Hi! I've received a Notice of Transfer of Proceedings - looks as though the matter has been moved to a court which is nowhere near me. Oh well! https://imgur.com/a/4skFQdR

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