1 Oct 2018, 20:05
Thanks for your reply.
Your email confirms you are merseygateway and hence I aver merseygateways have admitted to be with the knowledge that I have admitted to being the driver, and reserve my equitable rights should we not be able to settle this matter without going to civil courts.
Further I inform you that you are in breach of the Senior Courts Act 1981, 49, (1) and (2) (click to follow link) which so that you have no excuse for having proceeded at the form of law and ignored the substance shall be brought to the attention of the court and quote the relevant clauses from the said Act to endure there is no mistake in your understanding of your obligations;
“49 Concurrent administration of law and equity.
(1)Subject to the provisions of this or any other Act, every court exercising jurisdiction in England or Wales in any civil cause or matter shall continue to administer law and equity on the basis that, wherever there is any conflict or variance between the rules of equity and the rules of the common law with reference to the same matter, the rules of equity shall prevail.
(2)Every such court shall give the same effect as hitherto—
(a)to all equitable estates, titles, rights, reliefs, defences and counterclaims, and to all equitable duties and liabilities; and
(b)subject thereto, to all legal claims and demands and all estates, titles, rights, duties, obligations and liabilities existing by the common law or by any custom or created by any statute, and, subject to the provisions of this or any other Act, shall so exercise its jurisdiction in every cause or matter before it as to secure that, as far as possible, all matters in dispute between the parties are completely and finally determined, and all multiplicity of legal proceedings with respect to any of those matters is avoided.”
In response to your point as I have numbered them below;
1. I am sure we can settle this matter amicably giving due consideration an ensuring an understanding of one another’s positions, before any further action is taken by either party.
2. This is the form of law and I refer you to the https://www.legislation.gov.uk/ukpga/1981/54/section/49 so that you fully understand my equitable presentation prevails your legal position.
a) Accordingly you are requested to notify your fellow colleagues of this correspondence and
b) provide me with a named person with whom I can deal with in this matter.
3. Please see 2. above which is a perfectly reasonable request, and is equitable as you have the knowledge that the offence was not the result of the registered keeper.
4. I have directed you to the pre-action protocol which came into force on the 1 October 2017, 1 and as you are a public body you have an obligation to follow it. I have gone through The Road User Charging Schemes Regulations 2013, and there is no exemption as you have claimed in i).
a) Please direct me to the relevant sections and clauses under which you feel that you are exempt so that I may re evaluate my position.
b) You may be correct as it appears you are implying that your Charges and PCN are not civil claims, in which case you need to claim the payment from the Public Trustee of the account of the “Registered Keeper” within the DVLA who deals with that account. If this is what you mean please confirm you have redirected your claim accordingly and it is settled as Katherine is the beneficiary of that account, and not the trustee.
c) In respect to your point ii) please substantiate your claim by directing me to the appropriate legislation that provides the authority you have claim so that I may re-evaluate my position accordingly.
5. As you are also aware The Road User Charging Schemes Regulations 2013 derives its authority from the Road Transport Act 2000, Part 3, and must comply with the legal requirement therein. Here there is also no exemption to the Pre-Action Protocol fro Debt Claims. Accordingly again I request you direct me to the exemption your claim so that I may reevaluate my position.
a) As you have pointed out on the reverse of your charge certificate the County Court Order IS NOT A COURT JUDGEMENT, and merely as you have correctly stated the registration of your debt claim, and therefore has no jurisdiction as you claim. Again your wording yet again seems to tie in with your view in my point 4b) above in which case I would direct you as detailed to settle this matter with the Public Trustee of the Registered Keeper.
6. This again appears to point to the settlement of your claim is through the Public Trustee of the Registered Keeper, as you clearly are aware that the distinction between a civil debt and a public debt. Katherine is the beneficiary of the said trust and the DVLA is the Public Trustee.
I once again thank you for your reply, and await your response so that I may reevaluate my position.
From: Mersey Gateway <firstname.lastname@example.org>
To: “‘email@example.com'” <firstname.lastname@example.org>
Cc: “‘email@example.com'” <firstname.lastname@example.org>
Sent: Monday, 1 October 2018, 17:53
Subject: FW: PENALTY CHARGE NOTICE – DO NOT IGNORE in ref to NOTICE OF LIABILITY – OPPORTUNITY TO CURE: in ref Penalty Charge and Charge Certificate Number XM07678052
1. Thank you for your email.
2. As the Penalty Charge Notice and subsequent Charge Certificate were not issued to you and the registered keeper of the vehicle has not asked for liability for the PCN to be transferred to you I am not able to comment on this individual matter.
3. The registered keeper of vehicle should contact merseyflow using the details provided before further steps are taken to recover this money.
4. However regarding the Pre-Action Protocol for Debt Claims that you mention, the PCN and escalation system is not be subject to the pre-action protocol as:
i) it is not a civil debt being pursued in the sense intended by the protocol, and
ii) the scheme, its charges and the escalation procedure has its own statutory regime it is subject to which is directly carved out of the pre-action protocol.
5. The issuing of a PCN is of course governed by The Road User Charging Schemes Regulations 2013 which set out the terms for issuing and escalation, and the route through which they will ultimately be enforced if the recipient does not pay is through registering the charge at the Traffic Enforcement Centre (part of the bulk County Court centre), which is itself given jurisdiction by statute.
6. On this basis the pre-action protocol would not apply to either the PCN procedure or the Court procedure.
Mersey Gateway Crossings Board Ltd
Tan House Lane
From: Marc Horn <email@example.com>
To: “firstname.lastname@example.org” <email@example.com>; “firstname.lastname@example.org” <email@example.com>
Sent: Thursday, 27 September 2018, 19:12
Subject: NOTICE OF LIABILITY – OPPORTUNITY TO CURE: Penalty Charge and Charge Certificate Number XM07678052