newlyns pressurized my brother to pay 350 for disputed parking fine

[stevemLS]

Re: newlyns pressurized my brother to pay 350 for disputed parking fine

I think we had better agree to disagree.

[sarah nicholson]

Re: newlyns pressurized my brother to pay 350 for disputed parking fine

I would put the council to strict proof and force them to prove their arguments. I suspect they would have difficulty doing so.

Where you say "put the council to strict proof". I am still not sure how to word it to them since have queried it already. And if they are still adamant, where do I go next? Local MP maybe? What do you think?Thanks for all your time. X

[bluebottle]

Re: newlyns pressurized my brother to pay 350 for disputed parking fine

Where you say "put the council to strict proof". I am still not sure how to word it to them since have queried it already. And if they are still adamant, where do I go next? Local MP maybe? What do you think?Thanks for all your time. X

With regard to the CT issue, apart from it being blindingly obvious the local authority is talking out of a bodily orifice at the lowermost point of their alimentary canals, the onus is on them to prove you are, in fact, legally-liable to pay the costs they claim you have to pay. When you put a local authority to Strict Proof over something like this, you force them to produce evidence to back up what they are saying. If all they do is keep parroting what they have said previously, it is a reasonable assumption they can't prove their case. Is is at this stage you get your ward councillors and MP involved.

[sarah nicholson]

Re: newlyns pressurized my brother to pay 350 for disputed parking fine

Thanks for your reply. My guess is that they will say that there rules clearly stat you must inform them when you move and that I admit liability as hsave already said in my phone call with them that I had assumed I wouldn't need to tell them am no longer at the address as I had registered with new address and orher departments were aware of my impending repossession as hased with their housing dept for a long time trying to keep a roof, by. Mortgage rescue application and then a homeless application. I will goive it a go though. Will let you know how get on.

How did you become so knowledgeable? Very impressed. Wish I had your knoledge on these things!

Sarah

[bluebottle]

Re: newlyns pressurized my brother to pay 350 for disputed parking fine

Thanks for your reply. My guess is that they will say that there rules clearly stat you must inform them when you move and that I admit liability as hsave already said in my phone call with them that I had assumed I wouldn't need to tell them am no longer at the address as I had registered with new address and orher departments were aware of my impending repossession as hased with their housing dept for a long time trying to keep a roof, by. Mortgage rescue application and then a homeless application. I will goive it a go though. Will let you know how get on.

How did you become so knowledgeable? Very impressed. Wish I had your knowledge on these things!

Sarah

The argument about the change of address is very weak. As soon as you notified them of your homelessness and new address, it should have been obvious to them you had left your previous address. Liability for CT at the new address would start from the date you gave them on notification.

The council's arguments about the Eviction are, to be honest, somewhat crass. A Possession Order can be suspended, revoked or struck-out at any time up to and including the day of eviction and the same applies to an Eviction Order and Eviction Warrant. If the legal process was still being pursued up until a very late stage, then logic should tell them, as it would any reasonable person, that the Eviction date was not cast in stone and could be changed or cancelled at any time. Therefore, it would have been impossible to give a confirmed eviction date as, up until the actual date, it was provisional only or until the legal process had been exhausted.

The issue of court costs, quite frankly, shows how desperate the local authority is in your case. They have admitted they had no grounds for seeking a Liability Order and logic should tell them that if you had been in court and challenged them, the application for a Liability Order would have been dismissed and they would have had to pay not only their costs, but your's also. Subject to the more learned Legal Beagles looking in and commenting, my instincts tell me that the local authority's attempts to recover the court costs from you by using a Liability Order they have admitted obtaining wrongfully are unlawful, at best, and, potentially, illegal. Certainly, the involvement of Newlyns, in the circumstances, is highly questionable and may even be unlawful.

I am willing to help you draft a letter to the local authority concerned, but will need to do this tomorrow, provided you aren't expecting Newlyns to pay you a visit, due to a neurological condition I have affecting my eyes which it is as I dictate this post.

[sarah nicholson]

Re: newlyns pressurized my brother to pay 350 for disputed parking fine

Thanks very much for your time and replying. I had only just come accross your post by chance as I saw a notification on my profile page.

If your offer still stands to help draft a letter I would be very grateful for your help at a convenient time to you. It is very kind offer. I will check my notifications more frequently now!