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    • Yep, I agree with what you are saying, I only mentioned the governing body code of practice as a nod to the fact that I wasn't dismissing the BPA or whoever out of hand, thought that would go in my favour before a judge. I wrote a long post about the BPA CoP earlier but then deleted it because I realised I wasn't talking about points of law but a set of guidelines drawn up by one bunch of charlatans for another bunch of charlatans. It is ludicrous that the 5 minute consideration period doesn't apply if the motorist parks, such nonsense. As for legislation, I was referring to the government legislation (if it is legislation?) document which has been withdrawn. Does that stand until it has been reintroduced? In the explanatory document it is quite clear. Otherwise, how does one hold them to the consideration and grace periods? Or is that at the discretion of the judge?
    • Thank you all   JK, I agree; if they were to accept my full claim today, then the interest would be around 8-9 pounds. If I were them, I would have offered to pay the interest and said no to the 12 pounds for the letters. These have not been mentioned, which is my mistake.   As you pointed out, if the judge were to award at 4% and I did not get the letters, I would get less.   Bank, thank you. I do hear what you are saying. If I am to continue with this, then I will need to pay an additional trial fee of £59. If I win everything, then great, but if I win less the claim and court fee, then I lose out. I am not sure what the judge will think about the interest. I think we have to remember that I won the item and, therefore, did not pay a penny for it. Yes, I have had to purchase an additional one, but maybe the judge will hold this against me. I am content that this is a win. I have not signed any non-disclosure clauses, and they do not ask for this either in their offer. 
    • Are you saying that both businesses were closed? Yet you stayed there for over two hours. . If both were closed than to charge £100 is a penalty since Horizon had no legitimate interest in keeping spaces clear for the company. sake as there were no customers..
    • Well you would think that would be the case. Sadly i doubt there is one honest broker within the BPA or IPC and most of their members. they are there to take as much money as they can from motorists regardless of PoFA.   Take the Consideration  period for example. This is a minimum of 5 minutes to allow motorists to find a parking space, read the T&Cs giving them enough time to leave the car park without having to pay if they decide not stay. Simple. Well it would be simple if it were any other company than BPA [or IPC who have now fallen into line with BPA's "reasoning"].  You see if you decide to stay then despite the fact that during the Consideration period when you still weren't classed as parking , once you accept the terms [with all the underhand little tricks designed to trip you up] that five minutes is now included in your parking time. [No not the parking period because the poor dears who ANPR cameras are apparently unable to work out what the exact parking period is since their ever so infallible cameras [yeah right] are incapable of tracking cars once they are in a car park]. After 12 years they still haven't worked out a way of doing it. Some of them fudge and the majority [with a wink fro their ATA [Accredited Trade Association though it should be Discredited Trade Association] just ignore the parking period all together. This is what BPA claim is the Consideration period Entrance grace period: This is for when motorists enter a car park, read the signs and/or attempt to make payment then leave. In these instances, motorists must be offered a reasonable amount of time before an operator takes enforcement action, but we do not define this time, due to the variance in size and layout of car parks. An entrance grace period for a small, permit-only car park could be below 5 minutes, whereas for a large multi-story this could be 15. But  heaven forbid that anyone should leave 6 or 7 minutes after entering  their member's car parks. . They are dutybound to receive a PCN. This is regardless of how busy the car park would be [Christmas eve for example ] .Our minimum is their maximum. Moving on to Grace periods. Again BPA gobble degook. Exit grace period: This must be a minimum of 10 minutes and this is when a motorist intends to stay – for example, if you paid for an hour but spent a total of 1 hour 10 minutes on-site, you will not receive a PCN. It is important to note that the grace period is not a free period of parking however and should not be advertised as such. If that ten minutes in not free parking what is it. their members all think they can send out PCNs for anything after 1 minute after the exact time never mind ten minutes. Our snotty letters have stood the test of time. Do not try to reinvent the wheel -especially with DCBL . They don't even know what a non compliant PCN is for goodness sake! You already know more about PoFA then they do. However if you include that they will find a way to disabuse the Judge of your logic and the law. So don't give them the chance.  I am sure you have the Parking Prankster going on about the rogues misusing the rules on planning permission by lying and stating that they had "retrospective permission". There is no such thing in English law yet Judges were swallowing it until one Judge pulled up Parking Eye about one of their Witness Statements alluding to "rp" by claiming it was "tantamount to perjury".  It wasn't tantamount,it was plain and simple perjury. Parking Prankster: The great private car park planning approval scam PARKING-PRANKSTER.BLOGSPOT.COM Guest blog from shuteyepark, from the Consumer Action group forums In December 2013 my daughter received a Parking Charge Notice (PCN) fro... Hope it wasn't too long winded Nicky Boy.🙂
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Advice for council tax in scotland


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Hi,

 

We have been paying the council tax every month as normal we were told to to pay £86.50 so we paid £90 just because it was easier, We also asked the council for a statment to see where we stood regarding it.

 

So the other day we recieve a letter from scott and co debt collectors asking for £508 or we would be taken to court etc......

 

My partner went to the local council to pay the normal £90 which they accepted no problems but then said we had to deal with scott and co from now on.

 

When my partner got home she called scott and co and they said she had to pay £100 per month to start on the 25th of this month she said she just paid £90 but they said she had to pay that £100 per month or be taken to court being threatened by that she reluctantly agreed.

 

So we are haven to pay out £190 in the space of 2 weeks which is way out of our budget.

 

Can anyone advise on where we stand on this issue because we really cant afford this amount every month.

 

Thanks for any advice

 

Keith.

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Hi and welcome to the site,

When you say you have been paying £90.00 a month, was this for a debt you owed, or is that your bill that you are presently paying, and if so, where does the £508.00 that you owe come from ?

Please note that although my advice is offered, you should consult your legal representative before taking ANY action.

 

 

have a nice day !!

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Hi and welcome to the site,

When you say you have been paying £90.00 a month, was this for a debt you owed, or is that your bill that you are presently paying, and if so, where does the £508.00 that you owe come from ?

 

 

The £90 is the monthly amount we pay toward the council tax to the council.

 

We missed 1 payment so the £508 is the full amount for the remainder of the council tax year that is amont scott and co are asking for.

 

Thanks for your reply

 

Keith

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Hi,

the following is from the CAB in Scotland...

 

In Scotland

 

 

 

When you have not paid an instalment of council tax on the date it is due, your local authority must issue a reminder, asking for payment within seven days. If you fail to pay within this period, you lose the right to pay by instalments and a full year's council tax becomes payable.

 

 

When you have not paid an instalment of council tax within 28 days of the date it is due, the local authority may apply to the sheriff court for a summary warrant to show that you are liable to pay the arrears. It must offer you time to pay the debt. If you cannot reach an agreement with the authority to pay off the arrears, or you can't keep to the payments under the time to pay order, the authority can enforce the summary warrant by making deductions from your income support, jobseeker’s allowance or wages or having sheriff officers seize a person’s goods to the value of the amount owed. Many of your possessions will be exempt from seizure.

 

 

If you are in arrears of council tax, you should consult an experienced adviser, for example, at a Citizens Advice Bureau.

 

Also, are you in receipt of benefit, because you can claim housing and council tax benefit.

Please note that although my advice is offered, you should consult your legal representative before taking ANY action.

 

 

have a nice day !!

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Hi,

the following is from the CAB in Scotland...

 

In Scotland

 

 

 

When you have not paid an instalment of council tax on the date it is due, your local authority must issue a reminder, asking for payment within seven days. If you fail to pay within this period, you lose the right to pay by instalments and a full year's council tax becomes payable.

 

 

When you have not paid an instalment of council tax within 28 days of the date it is due, the local authority may apply to the sheriff court for a summary warrant to show that you are liable to pay the arrears. It must offer you time to pay the debt. If you cannot reach an agreement with the authority to pay off the arrears, or you can't keep to the payments under the time to pay order, the authority can enforce the summary warrant by making deductions from your income support, jobseeker’s allowance or wages or having sheriff officers seize a person’s goods to the value of the amount owed. Many of your possessions will be exempt from seizure.

 

 

If you are in arrears of council tax, you should consult an experienced adviser, for example, at a Citizens Advice Bureau.

 

Also, are you in receipt of benefit, because you can claim housing and council tax benefit.

 

We never recieved a reminder for the month of September we paid a installment at the end of August but it was due again at the end of sptember but I forgot all about it and on the 9th of October thats when we recived the letter from scott and co, So no reminder or even the 28 days you mention I dont mind paying it but we just paid £90 last week and they are wanting £100 next week, we both work so n benifits here.

 

Thanks again

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If they have stated that you have to pay £100 every month, then surely you dont have to pay the £90 as well, so in theory you're only paying the extra £10. It looks like you may need to write the extra payment off that you have already paid, and just pay the £100. every month but please ensure that you try not to miss any further payments.

My calculations work out to you now owing £318. ( £ 508.00 -£90.00 - £100 ) = £318.00 which really works out to you paying this debt for just over 3 months.

I know it's not really the answer you wanted to read and i'm sorry but it looks like you just need to grin and bear it until the debt is clear, and then try your utmost to pay it on time next year because you now know you will have the same trouble again.

Good luck

Please note that although my advice is offered, you should consult your legal representative before taking ANY action.

 

 

have a nice day !!

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