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Nintendo Pü

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Nintendo Pü last won the day on December 28 2009

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  1. He might not have had a police record when he applied for his certificate, unless it was a spent conviction, which some offences are allowed, but not offences involving, breach of trust, theft, dishonesty, violence etc.
  2. His indemnity policy covers the eventuality of money going missing while in his charge. A court could order him to repay the balance but he might not have the means to repay. The official sentencing guildelines given to magistrates do express caution when handing down a financial penalties, because an unemployed person has a tendency to continue claiming, and/or start work in the hidden enconomy. Looking in the MOJ magistrates guildlines, it looks like a mandatory custodial sentence, because this type of crrime is Fraud by abuse of position - breach of trust, and courts are instructed to take a very dim view of this.
  3. Might be difficult because his bailiffs certificate only carries an indemnity of up to £10,000.
  4. Other than to come on here and say, theres bad eggs in all professions, I don't think any bailiff can other add any further thoughts. It’s the firm he worked under that would suffer the most damage, and would have probably lost their enforcement contract as a result.
  5. Bailiffs are what you get in England Wales NI, and Sheriffs Officers are what you get in Scotland. They are not widely used because obtaining money by force is considered extortion, ditto why private wheelclamping is banned in Scotland. The current regulations governing Sheriff Officers is quite new - Act of Sederunt (Fees of Sheriff Officers) 2007
  6. You also need to clear up the bailiff fee irregularity, write to the bailiff and the council and give them both an opportunity to put things right and comply with the regulation on setting bailiffs fees for collecting unpaid parking tickets. The following procedure currently has a 100% success rate. The letter below asks the bailiff to pass a truth-test about his fees. Three things can happen: 1) The bailiff tries to convince you his fees comply with the law – you now have a written confession he intended to defraud you 2) He can refund you – this is called mitigation of intent to defraud and accepts the opportunity to put things right 3) No reply – you can proceed with litigation at your leisure In any event, you have the bailiff with pants at half mast Send a copy of the letter to the council along with a copy of the bailiff’s fee document.
  7. DEALING WITH BAILIFFS ON YOUR DOORSTEP 1. ALWAYS! Keep your door LOCKED SHUT at all times. NEVER open the door to a bailiff - speak to him through a window or the letterbox 2. ALWAYS! Hide your car - in the garage or park it well away 3. ALWAYS! Take photographs of the bailiff and his vehicle, even better use a camcorder and video-record EVERYTHING 4. ALWAYS! Speak as LITTLE AS POSSIBLE and let the bailiff do the talking 5. ALWAYS! Ask for his bailiff's certificate number 6. ALWAYS! Ask which court issued his certificate 7. ALWAYS! Ask for a full breakdown of his fees IN WRITING 8. ALWAYS! Ask who the creditor is (if you don't know) 9. ALWAYS! Pay using a credit card, avoid cash and debit cards if possible 10. ALWAYS! If you have grounds, get an appeal lodged immediately (parking tickets) - it stops enforcement 1. NEVER! Sign any documents handed to you by a bailiff 2. NEVER! Phone a bailiff (unless asking him which Court issued his certificate) 3. NEVER! Admit any debt 4. NEVER! Say or "confirm" your name address or date of birth If you feel intimidated or a bailiff threatened to break in then call police on 999. Remember that door remains LOCKED SHUT until the bailiff is a safe distance from your property. You DO NOT have to open the door to police. Get everything on video, it can be used in court: Example: YouTube - Rossendales Bailiffs More to follow.
  8. Youn can ask the council to cease enforcement action because you may be classed a vulnerable person for the purposes of civil enforcement. A vulnerable person means http://www.dca.gov.uk/enforcement/agents02.htm#part10 If you think you have grounds to appeal against the ticket then speak to a parking tickets expert and call the Traffic Enforcement Centre on 08457 045007. More: Info about - County Court Bulk Centre - Traffic Enforcement Centre. parkingappeals.co.uk whose launch was hosted by Lord Lucas, provides support for motorists appealing against tickets may be able to help. The fees you are quoting in your post do look right. The law prescribing bailiffs fees for collecting unpaid parking tickets is Schedule 1 et-al of the Enforcement of Road Traffic Debts (Certificated Bailiffs)(Amended 2003) Regulations 1993. If you have been overcharged then you have a right to reclaim them. Broadly speaking the law provides for bailiffs to charge: Letter Fee £11.20 - If letter arrives after first visit is made then its £0.00, if a bailiff says he sent a letter, you have a right to see the Certificate of Posting which has been date-stamped by a postmaster. This is not the same as a proof of posting. Levying Distress up to £100 (excluding bailiffs fees but including court fees) - £28 More than £100 - 28% for the first £200 then 5.5% on everything over £200 If no levy is made then bailiffs can charge fees for a maximum of three visits. Multiple fees cannot be charged for simultaneous unpaid ticket collections. If a bailiff turns up, say there is an iregularity with his fees and you are seeking advice on this. If the goods belong to your b/f then he can tell the bailiff with a simple note claiming ownership of his goods and that stops a bailiff levying on them for your tickets. More to follow...
  9. Yes, Im afraid the bailiff can say they can take their fee first. The law says its £24.50. If the council has been paid and the liabilty order is settled, then I wouldnt let yourself be troubled by a bailiff just wanting hs fee.
  10. Bailiffs cannot enforce anything if your liability order has been discharged. If there is a fees dispute post settlement, then the bailiff must litigate you.
  11. Jimbo, you are correct in everything you say, but its not true the council cannot remove unlawful fees. Its not the council that receives £200 fee, the bailiff keeps that. If you have a problem with fees and the council is causing trouble, then you have a right to ask the local government ombudsman to intervene.
  12. Why would an authority need to use a private company to access the DVLA? when they already can access vehicle information direct with the DVLA.
  13. The legislation places a statutory requirement on the tax payer to discharge his obligation to the billing authority.
  14. Thats an interesting approach, but bailiffs tend to use this type of approach protract the correspondence. The debtor is not responsible to advise a bailiff on whether he should do a DVLA check. because he can rely (correcly or otherwise) the rule of prima facie, and his office already has online DVLA subscription, so he already knows the registered keeper. If the car is not the debtors then no obligation on the debtor exists to pay the associated costs.
  15. If you can, it helps others if you log their telephone number with their identity into whocallsme.com
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