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    • Better version attached with the late appeal explained more clearly for the judge. This will sound silly, but I think it would be a good idea to e-mail it to the court and UKPC on Sunday.  It's probably me being daft, but Sunday is still March, and as it's late, sending it in March rather than April will make it sound like it was less late than it really is.  if you get my drift. You can still pop in a paper version on Tuesday if you want. E-mail address for the court: [email protected] And for UKPC: [email protected]   [email protected] Defendant WS.pdf
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    • The text on the N1SDT Claim Form 1.The claim is for breaching the terms and conditions set on private land. 2. The defendant's vehicle, NumberPlate, was identified in the Leeds Bradford Airport Roadways on the 28/07/2023 in breach of the advertised terms and conditions; namely Stopping in a zone where stopping is prohibited 3.At all material times the Defendant was the registered keeper and/or driver. 4. The terms and conditions upon  entering private land were clearly displayed at the entrance and in prominent locations 5. The sign was the offer and the act of entering private land was the acceptance of the offer hereby entering into a contract by conduct. 6.The signs specifically detail the terms and conditions and the consequences of failure to comply,  namely a parking charge notice will be issued, and the Defendant has failed to settle the outstanding liability. 7.The claimant seeks the recovery of the parking charge notice, contractual costs and interest.   This is what I am thinking of for the wording of my defence The Defendant contends that the particulars of claim are vague and are generic in nature which fails to comply with CPR 16.4. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made. 1. Paragraph 1 is denied. It is denied that the Defendant ever entered into a contract to breach any terms and conditions of the stated private land. 2. Paragraph 2 and 4 are denied. As held by the Upper Tax Tribunal in Vehicle Control Services Limited v HMRC [2012] UKUT 129 (TCC), any contract requires offer and acceptance. The Claimant was only contracted to provide car park management services and is not capable of entering into a contract with the Defendant on its own account, as the car park is owned by and the terms of entry set by the landowner. 3. It is admitted that Defendant is the recorded keeper of the vehicle. 4.  Paragraph 6 is denied the claimant has yet to evidence that their contract with the landowner supersedes  Leeds Bradford airport byelaws. Further it is denied that the Claimant’s signage is capable of creating a legally binding contract. 5. Paragraph 7 is denied, there are no contractual costs and interest cannot be accrued on a speculative charge.   I'm not sure whether point 4 is correct as I think this side road is not covered by byelaws? Any other suggestions/corrections would be appreciated.
    • Dear EVRi parcelnet LTD t/a evri   evri parcelnet isnt a thing also you say defendant's response which is a bit of a weird format.   Something like   Dear EVRi, Claim no xxxx In your defence you said you could not access tracking. Please see attached receipt and label Regards
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Phillips Bailiffs and overpayment of housing benefit


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A number of years ago i was overpaid housing benefit. I didn't pay this back and the council sought county court judgement against me (£900 approx). They then pursued this through an attachment of earnings (which was consolidated as I had others also), I was paying this back at a rate set by the judge until February this year when I lost my job. The judge asked me to supply details of my income and expenditure and basically "suspended" the AOE.

 

I received a letter from Phillips a couple of weeks ago informing me that they were seeking to clear the debt. I put this to one side and forgot all about it. Another letter has dropped through my door today basically saying that as I have ignored them they are looking at taking the debt back in full within 7 days or if not they will be sending bailiffs to me.

 

What can I do? I presumed that the judge's word would have been final. If a judge rules I cannot afford to pay it then surely that should be good enough???? Confused!! Advice needed!

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Hi welcome to cag:

 

Do you know exactly how much of the debt remains owed to the Council in relation to the actual ccj?

What is the wording of the DJ order, it may be he has stayed the AOE not merely suspended it.

 

 

Send Phillips and the Council a copy of the DJ order suspending AOE. and if applicable draw their attention to the following:

 

The national standards of Enforcement agents 2002

NATIONAL STANDARDS FOR ENFORCEMENT AGENTS MAY 2002

 

Those who might be potentially vulnerable include:

  • the elderly;
  • people with a disability;
  • the seriously ill;
  • the recently bereaved;
  • single parent families;
  • pregnant women;
  • unemployed people; and,
  • those who have obvious difficulty in understanding, speaking or reading English

WD

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It didn't say suspended you're right - I can't think off the top of my head what it said but it said "it's been xxxxx with liberty to restore". Don't you just love it when your mind goes blank lol!

 

I can't remember how much the original debt was but it was around that so not sure they've added charges.

 

My confusion is that the council opted for a CCJ and then an AOE and now cos the judge has said we cannot afford to pay they've gone to bailiffs.

 

If they turn up won't be gettin in but would still like to know if they're allowed to do it!

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Unless they have returned to Court to resore the order they cannot pass it to bailiffs .....if you have not received notice to a hearing to that end then I suggest you use the CCJ reference number and contact the Court to see if the Council have actually followed procedure.

 

WD

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This is the letter:-

 

PRE-ENFORCEMENT NOTICE

 

You have failed to make suitable repayment arrangements concerning overpayment of housing benefits to yourself which remains outstanding. Therefore you have left us no option but to carry out full recovery procedures in which you may incur additional charges of no less than £45.

 

Our recovery agents have now been granted approval to attend your premises without any further warning to commence recovery procedures.

 

You must make the IMMEDIATE FULL PAYMENT of all of the outstanding amounts (as shown above) to prevent this action commencing.

 

YOU HAVE 7 DAYS FROM THE DATE STATED IN THIS NOTICE TO PAY ALL OUTSTANDING AMOUNTS IN FULL.

 

I haven't received any further notification from the court and at a rough guess the CCJ was granted around 3/4 years ago. The overpayment was from me not declaring maternity allowance as a change in circumstances and was interviewed under caution at 36 weeks pregnant in Dec 2005.

 

So do you think that they are simply working in a debt collector capacity in this instance as opposed to bailiffs? I am confused as my partner has had dealings with Phillips for a court fine as bailiffs and they were horrendous.

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Right......I have emailed them explaining my situation and asking them to clarify in what capacity they are collecting this debt; whether they are acting as bailiffs or debt collection agents as if they are collecting as bailiffs I haven't received notification from the court.

 

Not sure if that was the right thing to do but at least they can't say i'm ignoring them lol

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In the CAG library is a letter for Doorstep Collectors, send them that. No matter what happens they cannot attend as Bailiffs. As a guide to what happens read through this:

1 - you owe someone some cash and either refuse or cannot afford to pay

2 - creditor takes you to Court and wins

3 - Judge orders you pay even at a low rate or in your case via AoE

4 - for whatever reason payment by you fails

5 - Creditor can either pass remaining to Debt Collector or go back to Court for further enforcement

6 - one way of enforcement is to ask for Warrant of Execution - cost £100 added to Debt

7 - if WoE is granted this is for the County Court Bailiffto attend and he writes first anyway

8 - a private Bailiff such as Phillips cannot collect on civil debts

So I bet the headed paper from Phillips says Bailiffs and Debt Collectors and they will be very economical with the actual powers they do have.

 

PT

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They have emailed back and confirmed that they are acting as debt collectors. They have asked me to submit an offer of payment and they will go to WMDC for their "approval".

 

Cheers guys for your help - much appreciated! Very, very sneaky oh Phillips using their bailiff guise though me thinks!

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They have emailed back and confirmed that they are acting as debt collectors. They have asked me to submit an offer of payment and they will go to WMDC for their "approval".

 

Cheers guys for your help - much appreciated! Very, very sneaky oh Phillips using their bailiff guise though me thinks!

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If the Order you have is the current offering then you should remind the Council of this by sending them a copy. If they want to take it any further then they need to go back to Court for another Hearing but if your circumstances are still the same then they are just wasting taxpayers money.

 

PT

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