The One Year Review (2 years late)

[zeke]

I would like to have a chat with you about your experience with Sheila Harding, especially how she persuaded you to borrow your username to make inflammatory posts on this board. My number is 07588 796459 I'm 7hrs ahead.

[Syd Snitkin]

The Magistrate cases, the arguments used were either a failure to submit a MC100 form, this is vital in as much as any financial penalty must be correctly set, the collection order set by the bench in absence of the said defenant can see them setting the amount based on a full time worker. If unemployed they can ask for a review of the said order with the newer information that was not available at the hearing.


If the amount was based on a standard income, I.e. someone working they would possibly pay a higher amount. But, someone on benefits can and should be allowed too ask for a means hearing. This happens often in this neck of the woods.

This is a good back-up should a SD fail or not be appropriate. In cases where the defendant was unaware I suggest both arguments are placed at the same time.

I'm currently on a mobile device so typing is a litte harder. So if any typing errors I'll say sorry now.

More to follow tomorrow. If I've made any errors I'll correct them tomorrow when I'm on my desktop.

I haven't posted in many months 20 I think, this is because the way people had been and taking the mickey way too much.

No-one's worrying about your typing errors. I hope you don't mean taking the mickey out of you? We reserve that for the 4 dinosaurs elsewhere.

[hojoos]

Clear information on what must be done (P85 info) when goods are removed. As there is only a potential 7 day window, people need to be pointed in the direction that they must go in, in order to retrieve wrongly taken goods or 3rd party ownership. I've seen cases where people have taken 2 weeks or more before they discover the P85 procedure.

[zeke]

If a claimant is outside the CPR 85 limit to start a claim, he can still claim under section 3 of the Torts (Interference with Goods) Act 1977.

A professionally drafted claim on goods automatically incorporates both and let's the court choose.