Jump to content


  • Tweets

  • Posts

    • Lolerz - I don't understand you.  Rebuked you?   No. I simply replied to your orange comments with legal facts as I know them.  I've already worked through the s42 and s146 issues - over the last 3-4y - and these issues are (mostly) resolved legally.  In terms of posting evidence.  Sure I can post some.  But my most recent questions have been a) how can I enforce a sale before trial?  And b) how can I make a complaint and/or a claim v receiver? (E.g. to which body do I complain?).  At the mo I'm asking for some helpful pointers on those specific questions??  I'm not asking for help with how to prove or present evidence. Fwiw - all evidence for trial has been disclosed (although additions are poss). The lender sent me like 10,000 emails and docs.  There's also 000s of emails, docs, photos, videos, recordings and texts that relate to freeholders/ me.   I read, filed and categorised everything for ease of future reference.  Witness statements and evidence were prepared for trial in the 42 and 146 matters. (now joined with current claim to save duplication).  I've lived the process before.  My current statement and linked evidence has taken like 6 months to draft/ write - to ensure I can succinctly prove my defence and counterclaim points.   Whether I can convince a judge at trial w/o lawyer / barrister is debatable 🙄   But I've prepared.  And continue to try better prepare - which is why I visit this site (and clinics).  This is NOT my business or expertise at all.  I'm just trying.  Not that anyone should ever have to justify why they need help if they ask politely! 
    • Thanks for the other info will also take a look at that.
    • It doesn't use the word reconstructed in the cover letter.  Although, I have just noticed on the cover letter they have asked me to complete a financial statement and offer a repayment within the next 10 days, or they will continue to follow court directions.  They sent a separate letter on the same day advising me they will be continuing with their claim ?  They have done the same for both claims.  Is it worth just doing that - doing the financial breakdown and offering a x amount.    
    • hahah except I can't locate the courier to frighten them with it hahaha   
    • Dx100uk according to the ICO office, who I spoke to at some length earlier today after getting the email from the court, Equita are the data controller if they have instructed the contracted EA. The ICO have noted the case, and stated very clearly that the court has the higher standing in terms of dealing with, and punishing either party if they fail to adhere to the district judges order and any action they take will not be criminal.    but they also stated very clearly that with what I’ve told them, and on the basis of accepting what I’ve told them as gospel (which it is with written confirmation from both the courts and the police) then there is some major red flags being raised on both sides with them blaming each other.    they’ve advised me to essentially keep my powder dry until there is a charging decision and an outcome from the seperate proceedings with the EAC2 complaint, and then come back to them with the case and they will be in a stronger position to act against Equita and the EA as there will be established facts and evidence that have already been laid before a court.     
  • Recommended Topics

  • Our picks

    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 161 replies
    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
        • Like
  • Recommended Topics

style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 2108 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

Sorry about the length of this post but this was just beyond a joke.

 

Three years ago my car was seized by Newlyn PLC.

 

Here are the cirmumstances that I am not sure about the legality of it:

 

1) The vehicle was clamped at 8:49 on a friday evening and removed from a public road 21 miles from my home.

 

I thought when on a public road they had to wait 2 hours before removing the vehicle if the keeper is not present.

If those two hours occur after 9 at night and 7 in the morning they are supposed to wait for the next working day.

 

2) Due to moving house when the PCN was issued (I admit I did forget about it) I did not recieve any notifications.

 

Even though I reregistered the vehicle to my new address Newlyn & Harrow council sent the notices of enforcement to the wrong address.

The warrant was to the incorrect address yet after the seizure they managed to find the correct address to send furthur fine notices to.

 

I thought having the incorrect address on the warrant of seizure made it invalid.

 

3) This was my work vehicle and was only worth around £600.

I was and still am self employed.

This was explained to the individual that seized the vehicle and I was told it was tough luck and they had every right to take it.

 

I understood that tools (Which were in the vehicles boot) & vehicles related to work that are valued at under £1000 could not be removed.

 

I raised a complaint with the office who claim at no point did I tell them that this is a work vehicle since they record all calls.

I explained that I had as per their instructions contacted their enforcement agent.

 

4) I could not afford to pay all the fees so had to let them auction the vehicle off.

I told them to come and collect the keys and the logbook.

They refused (By Phone) and hit me with locksmith and DVLA Fees.

 

The DVLA Fees are a joke as the next point will tell you.

 

5) Around 2 weeks after the vehicle was auctioned off I started receiving Bus lane & Parking tickets from bradford MDC.

I naturally contested these and send the proof of seizure & auction to bradford MDC.

 

Bradford told me that this proof was insufficient and that I was still the registered keeper of the vehicle so was liable for all fines in relation to the vehicle.

 

This I believe is incorrect

the problem is I had to pay them due to the fact that Bradford MDC has taken out orders of liability against me while the appeals were still being processed.

Do all councils tear up the rule book when it comes to money?

 

DVLA would not take any action or help me with this situation since I did not have the new keepers details.

Newlyn would not disclose them.

When I questioned how I was supposed to send DVLA notification all I recieved was a

"We Comply fully within the law"

crap they give as a catchall.

 

I think this one £65 parking ticket ended up costing me directly & indirectly over £5000.

 

I know there is no way to get anything back since the industry is legalised theft

but is there any way to make life uncomfortable legally for companies like Newlyn PLC.

 

This is not about getting even and is more about trying to enforce change in both councils & the collection industry.

Link to post
Share on other sites

what has a council tax liability order got to do with PCN's issued by a council?

 

did you have PCN's issued both before and after you sold the vehicle??

 

your story is rather confusing...three years after? the 'events'??

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

Around 2 weeks after the vehicle was auctioned off I started receiving Bus lane & Parking tickets from bradford MDC.

I naturally contested these and send the proof of seizure & auction to bradford MDC.

 

so whats the above bit about?

 

just trying to tidy the story and the experts will pop in.

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

The OP is saying when the vehicle was sold the purchaser or someone they sold it to has not re-registered it and is clocking up new penalties in the Bradford area.

 

Answering some points raised by the OP:-

 

1. There are four methods of taking control of a vehicle [Tribunals, Courts and Enforcement Act 2007 Schedule 12 13(1) (a) to (d)]

In this case there are two possibilities.

 

It could be just immobilised using a clamp and if so it must be left for 2 hours before being removed.

I know of nothing to say it must be treated differently at night and it sounds like an urban or internet myth.

 

Control can also be taken by removing it to secure it elsewhere [13(1)©]

so even if they had clamped it they could remove it within the two hours and rely on the removal to take control rather than the immobilisation.

 

2. The address does not have to be your current one on the warrant.

The original address would have been obtained from the DVLA by the council so maybe the DVLA records were not updated immediately.

 

If another address is found later the council "may" apply to the traffic Enforcment Centre for the warrant to be reissued with the new address but it does not invalidate the warrrant if they do not.

 

3 & 4.

The wording of the exemption for a "work vehicle" is found in regulation 4(1)(a) of the Taking Control of Goods Regulations 2013.

There are several elements to the wording and it must fit all of them.

 

The cases of Toseland Building Supplies v Bishop (1993) and Thompson v Bertie (2007) show that judges can be very strict in interpreting the exemption.

Just because a car is useful or used to get to places of work (even where they are not in one fixed spot making the use of public transport difficult) does not mean the judge will agree that the exemption will apply.

 

There is not a lot an EA can do if tools are in a locked boot other than allow you to come and collect them.

If you did not ask to do that what else could they do?

If they refused to let you get them, complain.

 

You could have sent them the keys and documents by post and that would have allowed them to get the tools out and store them until you could collect them and that would have increased the net proceeds of sale by reducing the disburesments mentioned and/or increasing the value of the vehicle.

 

5. If the penalties being incurred in Bradford are genuinely incurred by someone unconnected with you then keep pushing the point.

If Bradford council is getting the warrants on the penalties then complain to them.

 

Parking departments in councils are quite harsh and if you feel unfairly treated you may need to use their complaint procedure that will hopefully be explained on their website.

 

Also although you don't live in the area so you are not a potential vote for them you may get one of their elected councillors to intervene on your behalf.

Try contacting the leader of the council to plead your case about the new penalties.

Edited by E Munch
to fix typos
Link to post
Share on other sites

 

5) Around 2 weeks after the vehicle was auctioned off I started receiving Bus lane & Parking tickets from Bradford MDC.

I naturally contested these and send the proof of seizure & auction to bradford MDC.

 

Bradford told me that this proof was insufficient and that I was still the registered keeper of the vehicle so was liable for all fines in relation to the vehicle.

 

This I believe is incorrect. The problem is I had to pay them due to the fact that Bradford MDC has taken out orders of liability against me while the appeals were still being processed.

 

DVLA would not take any action or help me with this situation since I did not have the new keepers details. Newlyn would not disclose them.

 

I think this one £65 parking ticket ended up costing me directly & indirectly over £5000.

 

I know there is no way to get anything back since the industry is legalised theft.

 

This is not about getting even and is more about trying to enforce change in both councils and the collection industry.

 

If you had not received the statutory notices, then you should have submitted an Out of Time witness statement. As the seizure and sale was 3 years ago, there would be little to gain by complaining now.

 

When you started to receive the parking notices in relation to contraventions that occurred after the vehicle had been auctioned, you should have approached DVLA with the evidence of seizure and they would have removed your details from their records in relation to this vehicle.

 

Your comment about wanting to enforce change in councils and the collection industry is an interesting one. Unfortunately, making an internet posts 3 years after the event will not influence change.

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...