Written by John Kruse, one of the leading experts on Bailiff Law, this consumer friendly guide is essential reading for anyone who comes into contact with a bailiff.
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a bailiff has, and also what they cannot do when collecting debts and repossessing goods etc.
hi this is my 1st time on here i cannot seem to start a thread so am replying to this as its what i have a problem with.
i parked outside a shop it is a disability centre,i went in there for a quote on a product,when i came out i had been issued with a parking place standard charge ticket by armtrac
the shop has signs outside saying customer parking only,which i was,anyway i told the guy in the white van this and he said he had to issue it. on the ticket it says my offence code is no permit displayed,i told him i do not need to display a permit as its not for disabled badge holders,its for customers which i was and he said i could appeal for an extra £5 on top of my £60. it says on the ticket that failure to pay is an offence and may result in a prosecution and or passed to debt recovery dpt via dvla can anyone tell me if i have to pay this i have until friday 4th july 09 thanks 4 any help
You'll receive a succession of letters, each more threatening than the last. Ignore everything, other than valid court papers (which won't happen, especially as the driver wasn't actually in breach of contract, as they were a legitimate customer making a legitimate enquiry).
It sounds like they are committing a criminal offence under section 40 of the Adminstration of Justice Act 1970 by fraudulently claiming official status "failure to pay is an offence and may result in a prosecution " (it isn't, and won't).
"40 Punishment for unlawful harassment of debtors
(1)A person commits an offence if, with the object of coercing another person to pay money claimed from the other as a debt due under a contract, he—
(a)harasses the other with demands for payment which, in respect of their frequency or the manner or occasion of making any such demand, or of any threat or publicity by which any demand is accompanied, are calculated to subject him or members of his family or household to alarm, distress or humiliation;
(b)falsely represents, in relation to the money claimed, that criminal proceedings lie for failure to pay it;
(c)falsely represents himself to be authorised in some official capacity to claim or enforce payment; or
(d)utters a document falsely represented by him to have some official character or purporting to have some official character which he knows it has not."
If you do anything at all, report their crime to the police, and to Trading Standards.
As a precaution, you might want to edit your post to remove any reference to the person driving the vehicle at the time of the incident.
armtrack invoices normally are grossly unlawful and probably illegal. This could be one worth seeing a picture of - but of you do then wash all identifying details out first and just leave the text
armtrack invoices normally are grossly unlawful and probably illegal. This could be one worth seeing a picture of - but of you do then wash all identifying details out first and just leave the text
You bet!
" in contravention of the provisions of the Order"
"Offence code"
"Failure to pay is an offence"
"and may result in prosecution"
No company registered number
No company registered address
No VAT number (if registered)
I'd love to see a decent sized picture of the reverse sode detailing the "action you must take"
i thought i should mention that as well as the shop signs saying customers only there is an armtrac sign saying they patrol the premises and wheel clamping or tickets are in operation. is it absolutely correct that armtrac cannot do this as im planning on parking there tomorrow and confronting him about this!
And the line you have missed off is absolute evidence of the fact that there is no appeal system. Do you really think that they would grant an appeal having got hold of you money (and their laughable £5 appeal admin fee)
My earlier advice to the OP to remove all reference in their post to who was driving still stands, however.
You can't be too careful with these bloodsuckers, particularly as they have been known to take their victims to court- in which case it would be for them to prove the identity of the driver, without which their case would automatically fail.
Armtrac used to have shockingly illegal paperwork, but they've changed the wording just so it's now merely a load of rubbish.
Al27, they still state on their invoice:-
[quote]
Failure to pay is an offence and may result in prosecution and or passed to debt recovery department via DVLA
{/quote]
What offence do they refer to?
Prosecution. For what?
They clearly imply the debt recovery department is within the DVLA, suggesting the invoice has been issued by a government body.
I think that sentence pretty much confirms they are still acting illegally