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    • Thank you for that "read me", It's a lot to digest, lots of legal procedure. There was one thing that I was going to mention to you,  but in one of the conversations in that thread it was mentioned that there may be spies on the Forum,  this is something that I've read quite some time ago in a previous thread. What I had in mind was to wait for the thirty days after their reply to my CCA request and then send the unenforceable letter. I was hoping that an absence of signature could be the Silver Bullet but it seems that there are lot of layers to peel on this Onion.  
    • love the extra £1000 charge for confidentialy there BF   Also OP even if they don't offer OOC it doesn't mean your claim isn't good. I had 3 against EVRi that were heard over the last 3 weeks. They sent me emails asking me to discontinue as I wouldn't win. Went infront of a judge and won all 3.    Just remember the law is on your side. The judges will be aware of this.   Where you can its important to try to point out at the hearing the specific part of the contract they breached. I found this was very helpful and the Judge made reference to it when they gave their judgements and it seemed this was pretty important as once you have identified a specific breach the matter turns straight to liability. From there its a case of pointing out the unlawfullness of their insurance and then that should be it.
    • I know dx and thanks again for yours and others help. I was 99.999% certain last payment was over six years ago if not longer.  👍
    • Paragraph 23 – "standard industry practice" – put this in bold type. They are stupid to rely on this and we might as well carry on emphasising how stupid they are. I wonder why they could even have begun to think some kind of compelling argument – "the other boys do it so I do it as well…" Same with paragraph 26   Paragraph 45 – The Defendants have so far been unable to produce any judgements at any level which disagree with the three judgements…  …court, but I would respectfully request…   Just the few amendments above – and I think it's fine. I think you should stick to the format that you are using. This has been used lots of times and has even been applauded by judges for being meticulous and clear. You aren't a professional. Nobody is expecting professional standards and although it's important that you understand exactly what you are doing – you don't really want to come over to the judge that you have done this kind of thing before. As a litigant in person you get a certain licence/leeway from judges and that is helpful to you – especially if you are facing a professional advocate. The way this is laid out is far clearer than the mess that you will get from EVRi. Quite frankly they undermine their own credibility by trying to say that they should win simply because it is "standard industry practice". It wouldn't at all surprise me if EVRi make you a last moment offer of the entire value of your claim partly to avoid judgement and also partly to avoid the embarrassment of having this kind of rubbish exposed in court. If they do happen to do that, then you should make sure that they pay everything. If they suddenly make you an out-of-court offer and this means that they are worried that they are going to lose and so you must make sure that you get every penny – interest, costs – everything you claimed. Finally, if they do make you an out-of-court offer they will try to sign you up to a confidentiality agreement. The answer to that is absolutely – No. It's not part of the claim and if they want to settle then they settle the claim as it stands and don't try add anything on. If they want confidentiality then that will cost an extra £1000. If they don't like it then they can go do the other thing. Once you have made the amendments suggested above – it should be the final version. court,. I don't think we are going to make any more changes. Your next job good to make sure that you are completely familiar with it all. That you understand the arguments. Have you made a court familiarisation visit?
    • just type no need to keep hitting quote... as has already been said, they use their own criteria. if a person is not stated as linked to you on your file then no cant hurt you. not all creditors use every CRA provider, there are only 3 main credit file providers mind, the rest are just 3rd party data sharers. if you already have revolving credit on your file there is no need to apply for anything just 'because' you need to show you can handle money. if you have bank account(s) and a mortgage which you are servicing (paying) then nothing more can improve your score, despite what these 'scam' sites claiml  its all a CON!!  
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Bus Lane PCN - never received anything prior - jacobs warrant - help!


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Hi everyone

 

my sister got a letter on the 6th of feb saying she owes £173 for a parking ticket that happened in October last year.

 

It says a warrant has been put though from the courts but my sister hasn’t received any other letters about this.

 

This is the first she’s heard of the parking ticket.

 

With her being on benefits and not having the money to pay I was thinking of sending a n245 form but don’t no what court to send it too.

 

Ill upload a copy of the letter.

 

Any help really appreciate.

 

Thanks

Andrew

E007F505-5A47-4D11-99C1-143F8339C132-converted.pdf

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Thread moved to the appropriate forum...please continue to post here to your thread.

 

Andy

We could do with some help from you.

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Looks like a Bus Lane Contravention,

probably captured by a camera so a Council ticket that has now been handed to Jacobs to Enforce,

they have added the £75 Compliance Fee,

and if they visit it will add the £235 Enforcement fee also significantly increasing the debt.

 

Might be better to contact Jacobs and arrange a payment plan before they call.

jacobs will clamp any motor vehicle outside the premises if they see one so keep any car, motorcycle and anything of value outside away.

 

Tell Jacobs the financial aspect as well.

Don't think there is any other way to challenge the Penalty

it's not like a PPC Invoice

 

A plan before they knock and add £235 is a good move.

Others might be able to offer alternative advice.

Might be worth asking to see any images showing the contravention to make sure correct VRM was recorded,

even Bus Lane cameras and Council CCTV images are sometimes dodgy like PPC cheapo ANPR.

and confuse digits 1 or I, 0 and O

We could do with some help from you.

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The bailiff: A 12th Century solution re-branded as Enforcement Agents for the 21st Century to seize and sell debtors goods as before Oh so Dickensian!

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You should contact Jacobs ASAP, only 2 days left.

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We could do with some help from you.

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She hasn’t moved address since November 2017 and only received this in the post.

She’s had no chance to fight or pay the original fee.

She’s also mentally ill so don’t think she could deal with talking to the horrible people at Jacobs.

 

We have my car, my brothers and my sisters car parked on the front.

Surely if they try and take mine or my brothers we could sue them.

 

Could an email or letter work to explain the situation with them?

I can’t see how it can stand if nothing been sent but an enforcement letter

 

would I be able to talk on her behalf if we have to call Jacobs or is there no other way but my sister needing to talk to them?

 

Thanks

Andrew

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OK she moved 2017 but did she change the address on the V5 for the car. If so then you need to contact the Council to see what address they have been sending all communication to. At present the Bailiffs have done very little wrong.

 

You say she is mentally ill - is it possible you could expand on this as there may be a possibility she could be treated as vulnerable?

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also shes currently on PIP and esa because of her mental illness.

she gets panic attacks and can't deal with meeting new people.

Does she not qualify for being classed as vulnerable?

 

if it helps she was also admitted to a mental hospital for about a month last year when she had a breakdown

 

Just managed to speak to my sister her v5 had her old address on it and she updated it in Jan 2019.

I guess that's why she got this letter and nothing else.

 

I'm guessing for a better word she's done now then?

its her fault shes had no chance to pay it because she didn't update her address when she moved.

But that's because she wasn't all there when we moved she had only just come out the metal hospital.

 

Is there anyway that can be used as a reason for not having the right address so the debt can be sent back to the council and she could set up something with them.

Because she can just about live on what she has now with just having benefits.

 

Thanks

Andrew

Edited by dx100uk
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If Bailiff Advice looks in they will be able to advise on an Out of Time, if it is accepted, the Penalty reverts back to the original amount and all bailiff fees are removed, allowing her to pay or contest.

 

I would definitely move all cars away from the property or outside it, Jacobs don't care whose car they grab, they have form for taking third party vehicles.

We could do with some help from you.

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how would I go about contacting bailiff advice or applying for and out of time app for my sister? I'm also thinking what to do about contacting Jacobs about the situation and stopping them coming round. Because me and my brother work and are out of the house most of the day so my sister would be by herself.

 

Thanks

Andrew

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Bailiff Advice is a regular advisor on here, Ploddertom has probably sent a PM to look in, I will do also.

We could do with some help from you.

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The bailiff: A 12th Century solution re-branded as Enforcement Agents for the 21st Century to seize and sell debtors goods as before Oh so Dickensian!

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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... 

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I am sorry for not visiting sooner but I was attending a conference all day.

 

As your sister had not received any of the previous notices from Manchester City Council, she has been disadvantaged in two ways. Firsty, she has been denied the opportunity to pay the penalty at the earlier 50% discounted rate, and secondly, she has lost the opportunity to appeal the ticket.

 

To correct this, the law provides that she can request that the debt be cancelled. This is done by submitting what is called an Out of Time statutory declaration. If accepted, the debt (including bailiff fees) will be cancelled. The council will then issue a fresh Penalty Charge Notice to your sister. She will then be able to pay at the earlier discounted rate.

 

The problem facing your sister is one of timing. As this debt relates to a bus lane contravention, she would need to submit an out of time statutory declaration (Form PE2 and PE3) as opposed to the much simpler Out of Time witness statement.

 

The downside to the stat secs forms is that she would need to print the forms off and take them to a solicitor to get her signature witnessed. The forms would then need to be scanned into your computer and EMAILED to the Traffic Enforcement Centre by the 'cut off' time of 4pm on Monday. All bailiff Enforcement would then be placed 'on hold' first thing Tuesday morning. The 'hold' would be in place for around 4 weeks waiting for a decision to be made.

 

I notice from the letter that the cut off time to make payment to Jacobs is 6pm on Monday.

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Hi bailiff advice

 

How would she go about getting it witnessed by a solicitor? She doesn’t have any money for one and where could I find the forms she needs to fill out.

 

Thank you very much for your advice

Andrew

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where could I find the forms she needs to fill out.

 

 

https://www.gov.uk/government/collections/traffic-enforcement-centre-forms

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Hi how would I go about booking an appointment to get the docs witnessed?

 

I’ve looked at the other post that was put up and it said you can do it at the court but not sure what court to go to or how to get an appointment set up for my sister before the 6pm Monday deadline.

 

Thanks

Andrew

We live in a world where seeing is not believing, where only a few know what really happened.

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"This declaration must be sworn before a Commissioner for Oaths (e.g. a Solicitor), a Justice of the Peace (at any Magistrates Court) or an officer of your local county court before sending the declaration to the Traffic Enforcement Centre at the above address. You may have to pay a fee. Please complete this form in BLOCK CAPITALS and in black ink."

 

The abve is taken from the PE2 Form and from memory for Magistrates or County Court you can just walk in and this costs nothing, only at a solicitors may you be asked to pay - £5 or £10. When done copy the form - scan or photo & email to TEC.

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The problem facing your sister is one of time. The earliest that she could get the forms witnessed is Monday. Assuming that you manages to get the forms witnessed and scanned over to the Traffic Enforcement Centre by their 'cut off' time of 4pm, then bailiff enforcement would be placed 'on hold' for approx 4 weeks from mid morning Tuesday. This time period would mean that she would have lost the opportunity to enter into a payment arrangement with Jacobs (the cut off time is 6pm Monday).

 

If you sister fails to get a payment arrangement in place with Jacobs by 6pm Monday, her account would be sent to an individual bailiff for the purpose of making a home visit. That visit would incur an enforcement fee of £235.

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Hi Ploddertom

 

Thank you for the link i'm just filling out her forms now just not to sure how to word the complaint.

 

So far I have the following

 

Miss Victoria complains that the council failed to send correspondence relating to a Penalty

Charge Notice to her address. She had recently moved house so she did not receive the notice rejecting her

representation, and did not pursue her appeal rights.

 

In May 2018, Miss Victoria was issued with a PCN because of an alledged parking infringement.

She did not initially receive the document, having recently moved.

 

Also not sure what to put on the pe3 form for the reasons as we don't have the camera footage for the parking infringement so don't know what I can argue for her.

 

Any help would be much appreciated

 

Andrew

We live in a world where seeing is not believing, where only a few know what really happened.

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Hi Bailiff Advice

 

My sister only gets housing, PIP and ESA after all bills are paid shes only left with £50 a week to live on.

I think she would need to set up a payment plan because she doesn't have any saving so wouldn't be able to pay the fee in full.

 

Will sending these forms off stop the bailiffs from coming because I'm worried about the cars on the front.

 

Thanks

Andrew

We live in a world where seeing is not believing, where only a few know what really happened.

NatWest Problem *****Refunded*****

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By the way, there is nothing stopping your sister making a payment proposal and still submit an Out of Time witness statement. That would probably be the best thing to do.

 

That sounds like a good idea - on Benefits she will probably be looking at about £3-70 per week and means that even if the Out of Time is rejected then at least she should be saved a visit and the extra charge it entails. It is probably important that she sends the Bailiffs proof of her circumstances as well,

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And move the cars away for the time being Jacobs will clamp or take all or any vehicle(s) they see outside and ask who owns it later.

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

Have we helped you ...?         Please Donate button to the Consumer Action Group

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The bailiff: A 12th Century solution re-branded as Enforcement Agents for the 21st Century to seize and sell debtors goods as before Oh so Dickensian!

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