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Everything posted by symphony63

  1. Thank you very much. Is this what (as amended) stands for? or is this not the LLA 1996 but a different act
  2. Whilst making representations against a bus lane PCN I read through the London Local Authorities Act 1996. I came across something very interesting and I would like to put it to our experts here in the forums. In SCHEDULE 1 Paragraph 2 (4) © states the following: (4) The grounds referred to in sub-paragraph (1) above are— © that at the time the alleged breach of such order or regulations took place the recipient was not in charge of the vehicle. PATAS read this paragraph as written on their website http://www.patas.gov.uk/tmaadjudicators/grounds_buslanes.htm The person who was in control of the vehicle at the time was in control without my consent For example, the vehicle was driven in the bus lane after being stolen. No where in the Act does it say that the vehicle must have been taken without consent. I would very much appreciate if someone could enlighten me. If you read further in sub-paragraph 7 it states the following: (7)Where the ground mentioned in sub-paragraph (4)© above is relied on in any representations made under this paragraph, those representations must include a statement by the person making the representations of the name and address of the person whom he believed to be in charge of the vehicle at the time of the alleged breach of the order described in subsection (2) of the said section 4. If it was stolen how do I know the name and address of person in charge? that makes it easier for employers. If it is hidden somewhere please ignore my ignorance
  3. Yes he did speak, the driver apologized and drove off straight away. The CEO couldn't have had a chance to even begin writing the PCN. The only way I could see it is that he wrote the VRM as the driver drove away or he had written it before he spoke to the driver.
  4. He could have recorded the details after I drove off. The driver was actually sitting in the car when the CEO arrived on the scene. I always thought that the duty of a CEO is to tell the driver to move, first, if there is no driver or the driver is unwilling to move then he can write a PCN. In my case he first gave a shouting to the driver and behaved very unreasonable to the driver. I don't he had started to write only after the driver drove off.
  5. Can someone please give me the definition of "a civil enforcement officer had begun to prepare a penalty charge notice for service". At what stage is begun to prepare. Cheers
  6. I think this is another reference to the same Local Government Finance Act 1992 (c. 14) SCHEDULE 4 Enforcement: England and Wales Termination of proceedings 17 (1) Regulations under paragraph 1(1) above may provide that in a case where— (a) proceedings under the regulations have been taken as regards the recovery of any sum mentioned in paragraph 1(1) above; and (b) the outstanding amount is paid or tendered to the authority to which it is payable; the authority shall accept the amount, no further steps shall be taken as regards its recovery, and any person committed to prison in pursuance of the proceedings shall be released. (2) The outstanding amount is an amount equal to the sum concerned or to so much of it as remains outstanding (as the case may be). (3) In a case where costs and charges are relevant the outstanding amount shall be treated as augmented by a sum (of a prescribed amount or an amount determined in accordance with prescribed rules) in respect of costs and charges incurred in the proceedings up to the time of payment or tender. Sorry I found after posting that you referred to this in a previous post but I didn't find the Council Tax Regulations.
  7. Thank you for your reply. Please do find the relevant Acts and the exact references. I'll try to find it myself but together we might find it quicker. Good Luck
  8. The Council Tax (Administration and Enforcement) Regulations 1992 PART VI p. 45 (3) If, before any goods are seized, the appropriate amount (including charges arising up to the time of the payment or tender) is paid or tendered to the authority, the authority shall accept the amount and the levy shall not be proceeded with. I think this refers to an offer made to the council whereby the council has to accept that. Your opinions please
  9. I did as you advised and this is the reply I received from Haringey by email. I must inform you that your Council Tax arrears will remain with Newlyn for collection. Recovery action was taken on your Council Tax Account as you failed to make payments according to the instalment plan outlined in your Council Tax Bill dated 28/02/2009. Your first payment was due on 01/04/2009 for £153.14, followed by monthly instalments of £149.00 up to and including 01/01/2010. A Reminder Notice was issued on 16/04/2006 which clearly stated that the instalment arrears of £153.14 was payable within ten days. And failure to bring the account up to date would result in the loss of the right to pay by instalments, with the balance for the year 2009/10 becoming due within another seven days. A Summons was issued in the sum of £1,494.14 on 14/05/2009 at a cost of £95.00, this Summons was returnable at the Haringey Magistrates Court on 02/06/2009 where a Liability Order was obtained. A Notice of the Making of a Liability Order was issued to you on 04/06/2009 advising you to contact the Council to make an arrangement to pay and the recovery options available to the Council. However having lost the right to pay by instalments once a Summons is issued and your failure to make a payment arrangement resulted in the Liability Order being passed to Newlyn on 02/07/2009. Your letter dated 04/08/2009 and the arrangement proposal form were received on 07/08/2009, you failed to supply proof of earnings as requested on the form however your proposal was considered and rejected and you were advised to contact Newlyn. You stated in your email that we are misinformed regarding the Law and "As a government department you are required by law to accept all offers of payment." however you failed to state which law you are referring, Council Tax is governed by the Local Government Finance Act 1992 and I am not aware of any such regulations. As the recovery action taken against you is correct, you are liable for the Court and Bailiff costs. However should you wish to dispute specific bailiff charges please do so directly to Newlyn stating your reasons and they will respond to you accordingly. Please contact them on 01604 633 001 immediately to make an arrangement to pay in order to avoid further action which may incur additional costs. Your further advice would be appreciated
  10. Very interesting I just got a letter through the door from JBW for an unpaid PCN. I checked the Bailiff name on the register ....and you guessed right he's not there. So I decided to check JBW. I tried "JBW Enforcement Ltd" nothing came up. I then decide to check in companies house the legal name. I had the company number on the letter. The name in companies house came up as "J.B.W. GROUP LIMITED" again not on the register. What can you guys help me with that? PS phoned the OFT and it appears JBW don't have a Consumer Credit License.
  11. they cannot force entry into your property. Contact the council and speak to them before you talk to the bailiff company. Did you ever get a magistrate liability order for that council tax? if not tell the council that and they have to take the debt back and negotiate with you. For more info check this site. http://www.consumeractiongroup.co.uk/forum/bailiffs-sheriff-officers/58550-council-tax-bailiffs-43.html
  12. Thank you for your advice echowitch. I did what you told me. I also fired off a letter to Haringey similar to the 1 you wrote and emailed it to them. I got an out of office reply and it had the council tax dept phone number on it, so I was a bit wiser, at least I had a number (not from customer services). I phoned 2 days later and got a nice guy on the phone. It was a completely different attitude. I had made a payment online keeping to the offer in the letter and that made a difference too. It shows that you are serious with your offer. I am now awaiting the outcome and will keep you posted. Thanks again
  13. echowitch I tired to do what you said and phoned Haringey council, in my case. I got thru to customer services and they would not put me thru to anyone in Council Tax dept. I wrote them a letter with the info you put on this site and my current situation. Today I received a letter from the council that they are "unable to make an arrangement with me, as the liability order has been passed to Newlyn bailiffs for collection. Please note that once accounts have been passed to the bailiffs, the Council will not intervene in the enforcement process and you will have to negotiate with the bailiff company regarding payment." What do I answer them now? I just checked the name of the bailiff that came to my door (didn't let him in) today and he's not listed on the site, not as working for Newlyn nor on his own name.
  14. symphony63

    MBNA Online

    After 3 months I received my CCA and it was an application online. It therefore did not require a signature. What do I have to look for in the agreement that should or might make it not enforceable?
  15. thats not exactly what i'm saying. A contravention occurs when your wheels enter the box junction and you cant clear the other side. Ask them for evidence that this exactly occured. The fact that your vehicle was caught on CCTV stopped in a box junction is not a contravention. The contravention is "entering and stopping". It might be true that you contravened but its up to the authority to prove that to you.
  16. I've got an interesting query. I got a PCN on 17/06/08 and made representations. Obviously, they were rejected and was send an NoR but no appeal form attached. I wrote to the authority and on 13/08/08 they posted me an appeal form. On 14/08/08 they posted me a Charge Certificate. On 01/12/08 I filed a statutory deceleration and on 30/01/09 the court ordered the Order for recovery revoked and the CC cancelled. That's the last I heard from the council. on 06/07/09 I got a letter from PATAS notifying me that the EA has referred my case to the adjudicator. My query is, is there no time limit for this? Can the EA lodge an appeal at any time?
  17. ask them for evidence that you entered the box junction. the contravention occurs when you enter the box junction and not when you stop.
  18. I sent them the following letter but the Halifax replied to me just referring to CCA 1974. I did specifically ask them for the signed agreement as you could see from this letter. What would you advise me to do now. Halifax Request CCA 1974 s78_1_.pdf
  19. Firstly, no signed agreement as they state in their letter. (not being required) Then 2 agreements apparently 1 current and 1 original, run of a computer without any dates on them. If you want I'll scan it on here as there is no personal info on it, Thanks for your help
  20. I requested a CCA from Halifax and I got the following letter. Any help would be appreciated. Halifax Reply CCA 1974 s78(1) ven.doc.pdf
  21. symphony63

    MBNA Online

    Yes I applied in 2006. Does this mean that i don't have a chance asking them for a CCA? and all this is not relevant to me.
  22. symphony63

    MBNA Online

    I have gone thru several threads here and can't find an answer to my question. I made an application for an MBNA CC online, they therefore don't have a signature from me, which route should I follow? Please attach any links that could point me in the right direction. Also I tried to find a comprehensive thread how to proceed with other CCs I have. All the thread go into technical details and very confusing.
  23. I once heard from a bailiif that if there is a child under the age of 2 in the property, the bailiff can't enter. Can someone shed some light on this please?
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