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Hi folks, I already have a thread with regards to my bank, but I have recieved this letter and would like some advice on it, thanks in advance for any comments. This was hand delivered by a Sheriff Officer:
CHARGE FOR PAYMENT OF MONEY
in
Glasgow City Council, Land Services (parking)
Against
o0oLiamBeeo0o
To o0oliambeeo0o,
On the 7 Noverber 2005 a charge certificate was issued for payment of a sum of money.
I Brian McLaughlin, of St Enoch Sq, glasgow Sheriff Officer by virtue of a charge certificate, in Her Majestys Name and Authority, Charge you to pay the total sum due as set out below (together with any further interest) within 14 days after the date of this charge to Stirling Park, 16 Nelson St, Kilmarnock.
If you do not pay this sum within 14 days you are liable to have further action taken against you including arrestment of your earnings; arrestment of other money and moveable property; attachment and auction of property held outwith a dwellinghouse and, if the sheriff so orders, attachment and auction of property held within a dwellinghouse. You are also liable to be sequestrated(declared bankrupt).
This charge is served on you by me by depositing and is witnessed by james mc......... dated 20 June 2006.
Sum now due £90, expenses of charge £42.10, total £132.10
It then goes on to advise me if im not sure what to do contact CAB or solicitor etc.
Now I foned the company in Kilmarnock and stated I wasnt aware I recieved a parking ticket and have had no correspondance, the girl on the fone basically stated I couldnt dispute this with them as the time to dispute has passed and the sum is simply now due and there is nothing I can do about it, So as I say folks any advice or comments you can provide on this would be greatly recieved.
Hi Karnevil, Im not sure what this letter even means to be honest, ive been doing a bit of digging over the weekend and have drafted this letter from them, lets see what they do next lol,
StirlingPark, 16 Nelson St, Kilmarnock, KA1 2YE Your Reference: ***************
Dear sir/madam,
I write with regard to the “CHARGE FOR PAYMENT OF MONEY” letter which was hand delivered to my home address on 20 June 2006.
May I draw your attention to the following,
1) On the above mentioned letter it states in the “for information”section “date and place of offence”, now I would argue the wording of this “date and place of offence” could suggest that I have committed a criminal offence, which as I am sure you are aware traffic violations were decriminalised, furthermore the wording of this is libel. Also it could be argued you are fining me, in effect finding me guilty without trial for an "offence" as your letter alleges. You may want look at section 66 of The Road Traffic Act 1991 to clarify this.
2) When your letter was delivered to my home address it was not in a sealed envelope, it was simply a piece of A4 paper which had been folded twice and put through my letterbox. May I ask you for confirmation this is the correct procedure for delivering a “CHARGE FOR PAYMENT OF MONEY”
3) Also your letter of 20 June 2006 states “Expenses of Charge” is a total amount of £42.10, I would ask could you please give an itemised statement as to how you come to this figure, I will then be able make an assessment as to whether this charge for expenses is lawful or not.
I would ask that you supply me with all correspondence which has allegedly been issued to me advising the principle sum of money was due in the first instance, I would also ask that the alleged pcn, or a copy of be made available to check its validity. Should the above not be made available I would be forced to issue a Subject access request under the Data Protection Act 1988, which as you may be aware could prolong the process of settling this matter.
I appreciate your co-operation and would also point out as this matter is in dispute I am unable to comply with your request and pay the sum you are demanding.
I look forward to your response and hope this matter can be resolved between us.
Yours faithfully
Mr Liam Bee.
Prelim Req sent 12 June 2006,
LBA sent 26 June 2006,
Confirmation of court action sent 24 July 2006,
Court return date 20 October 2006 - LTSB did not reply,
Court hearing date 27 October 2006 - Decree granted in my favour,
Recall of decree recieved 16 November 2006,
1 December 2006 assigned as recall of decree,
26 January 2007 assigned for full proof hearing,
16 January 2007 1st offer recieved and declined,
23 January 2007 2nd offer accepted, awaiting monies to hit bank account
All advice & opinions of o0oLiamBeeo0o are personal opinions, if in doubt seek advice from a qualified professional !!
Thanks for that Rich, with regards to the first paragraph Im pretty sure I am able to add this from what I have read in the forums, please do correct me if im wrong.
Cheers folks.
Prelim Req sent 12 June 2006,
LBA sent 26 June 2006,
Confirmation of court action sent 24 July 2006,
Court return date 20 October 2006 - LTSB did not reply,
Court hearing date 27 October 2006 - Decree granted in my favour,
Recall of decree recieved 16 November 2006,
1 December 2006 assigned as recall of decree,
26 January 2007 assigned for full proof hearing,
16 January 2007 1st offer recieved and declined,
23 January 2007 2nd offer accepted, awaiting monies to hit bank account
All advice & opinions of o0oLiamBeeo0o are personal opinions, if in doubt seek advice from a qualified professional !!
Could be wrong but is there not some regulation about putting letters like this through peoples letterboxes when they are not in envelopes. Something about anyone being able to read them. Could be something to do with the DPA but I am not sure.
Might be worth looking into?
Woolfie
If you are happy with the advice i have given please click the scales of justice above and give me a vote!! Thanks.
Advice & opinions given by Woolfie are my own, and are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.
Barclaycard 1- £520 claimed – settled
Barclaycard 2- £435 claimed - sett;ed
RBOS 1 £190 claimed - settled
RBOS 2 £6500 claimed initial letter sent 26/6/6
EGG £300 claimed – LBA sent 22nd June
Capital 1 £200 claimed – settled