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Everything posted by fork-it

  1. Where does it say the UTCCR's 1999 has been superceded? & what section in the CPUT would be the point you refer to in this case?
  2. They could have identified me from a DVLA lookup on their subscriber account they have with the DVLA. I would be surprised they would take me to court, its a hefty risk they are taking on. Someone suggested I write to my MP, and this letter come to mind OTOH.
  3. If if it were, £265 penalty is too high (no legislation setting the fee anyway), she can claim unjust enrichment.
  4. purplesuzie If your chargeback is not successful, the way I see this is you have to appeal against the towing, and if that appeal is rejected then appeal to NPAS If the council wont let you appeal because you have already paid the fine (towing) then you will have to recover the money in the small claims track.
  5. I appealed by email (as allowed on the back of the ticket) for completeness. and I have received this reply.
  6. There is no template, but I can knock together some claim particulars specific to your case. What do you want to do? reclaim from the council & bailiff jointly? or go thru the Local Government Ombudsman and police investigation route? If i write your claim POCs for you, I do so without any liability and I need you to agree to that in the forum.
  7. Reclaim it from the council using the small claims track. £900 is way over the top. Cite Case No 8CL51015 - Anthony Culligan (Claimant) v 1. Jason Simkin & 2. Marstons (Defendants). Before District Judge Advent 9th & 24th September 2008. Name the bailiff company as a joint defendant, that will get them into court. Dont accept anything less, you want 100% of your money back. Did you pay using a credit card, if yes, then reclaim it using a chargeback. The grounds the merchant made a false representation to get you to make over a credit money transfer. Section 75 of the Consumer Credit Act 1975. Was the car in finance? if yes, then you recover the money on the basis the goods did not belong to the debtor.
  8. The only bailiffs fees you have to pay are statutory fees, in this case its £24.50. The law does allow bailiffs to claim "reasonable costs". You dont have to pay his costs unless the bailiff has obtained a costs order or gives evidence those costs are genuine. Hiring a van is not genuine because the bailiff already attended in it as a course of charging you the statutory £24.50 visit fee. If the bailiff exaggerates his costs then he commits an offence under Section 2 of the Fraud Act 2006. At minimum he is claiming unjust enrichment. If a bailiff says he already has a costs order, but you find out he doesnt, then he commits an offence under Section 40 of the Administration of Justice Act 1970. Contact your local councillor, and make a complaint, Dont bother complaining to the bailiffs of their trade associations. You will only waste your time. 1. Is there a liability order? 2. if yes, did you receive a reminder before you received a bailiff? if no then make a complaint to the council in writing on the grounds they failed to comply with regulations for council tax enforcement. The law is Section 33(3) and 34(1) of the Council Tax (Administration and Enforcement) Regulations 1992, http://www.legislation.gov.uk/uksi/1992/613/regulation/33/made if the council does not cooperate then escalate your complaint to the Local Government Ombudsman.
  9. you can make a complaint to the court that issued the bailiffs certificate on the grounds of falsely representing a higher fee than he was lawfully entitled, in the alternative the bailiff claimed unjust enrichment.
  10. You do not have to sign it. You dont have to let them into your property. You dont have to even speak to them. Do not reply to it. Just put it on the claim file.
  11. He probably wont turn up tomorrow, bailiffs are trained to be a little less predictable. Ideally you need a 4 channel CCTV system that carries audio, and add a few USB cameras to get the closeups. As I am vulnerable to unexpected bailiffs due to travelling in London alot as a property surveyor. I use this system for my own house. http://www.uksecurityshop.com/special-offer---4-input-avtech-kpd-674-original-h264-cctv-dvr-2010-version-with-hdd-option-23-p.asp 4 channels. 1, front door, 2, front gate, 3 back door, 4 back of property. Only cameras 1 and 3 carry an audio channel, A separate 5th camera with audio on an intercom (non recording) outside the gate if they are closed. I drive an LPG C-Charge exempt car, but TFL constantly mistakenly issued unpaid C-charge notices anyway. I ignored them all - until TFL fixed their computer to recognise LPG exempt vehicles. It was quite a money spinner catching cheating bailiffs on the CCTV system.
  12. I wouldnt bother. Any landlord worth their salt dealing with low-income tenants asks for a guarantor who provides a legal charge over a property, or shows he is of AAA+ credit standing. This is not your debt and not your problem, There is nowhere for the bailiff to attend so the case will probably will come to nothing. The landlord needs to grow a brain, and can locate your son by his mobile phone records on CitizenView. By perstering you to pay your sons debt, he may be in breach of Protection from Harassment Act 1997.
  13. Ignore it until you get an N1 in the small claims court. Tick the box you are defending all the claim, and file a skeleton defence, the money is not due because there is no contract, no court order and the bailiff is unable to show it is reasonable costs. If they go through to a full hearing, you can cite at court the following before the Judge does his summing up, he will ask all parties if they have any further to add. Show the judge the following: JBW Enforcement Ltd v City of Westminster [2009] EWHC 2697 (QB), the Judge, Mr Justice Jack said: Thus the bailiff gets paid only through the process of execution: if he becomes entitled to charge fees, but does not continue with the execution process, he will not recover them and he cannot sue the debtor for them. Source http://www.bailii.org/ew/cases/EWHC/QB/2009/2697.html If the bailiff tries to charge for fees for work not done, show the judge the following House of Lords finding: http://www.publications.parliament.uk/pa/ld200607/ldhansrd/text/70420w0001.htm see under Crime Fraud Until then, I wouldnt let this bother you, they are trying it on.
  14. The BMW is not yours so the levy is not valid so the fee is £0.00. The law provides for a fee of £24.50 to visit you, plus a sliding scale of charges for amounts recovered, but no money was recovered, so fees due under the scale: £0.00. There is no such prescrived fee called a van fee, so that fee is £0.00. Bailiffs cannot sue you for his fees. JBW Enforcement Ltd v City of Westminster [2009] EWHC 2697 (QB), the Judge, Mr Justice Jack said: http://www.bailii.org/ew/cases/EWHC/QB/2009/2697.html
  15. Philips normally collect court fines, and this is their MO for it. Council tax might be new to them and they are using their existing MO. It is an offence under Section 25 of the Theft Act 1968 to threaten a householder with breaking and entering unless they have permission by a Magistrate to do so. You might want to show that document to the police and ask they investigate and provide you with a crime number for insurance purposes. Also they cannot remove goods in your absence. Khazanchi & Anor v Faircharm Investments Ltd & Ors [1998] EWCA Civ 471 : On 17 March 1998 Lord Justice Morritt in the High Court ruled that bailiffs having a Walking Possessions Agreement cannot remove anything whilst the debtor is absent unless it is pre-arranged by appointment and with an Order signed by a Judge. The Judge also said in his conclusion, Source: http://vlex.co.uk/vid/ur-judge-cox-52584219
  16. The law says the council must send you a "final notice" or a "reminder" by post to your current address before making an application to a magistrate for a Liability order against you. As there is compelling evidence the council failed to do this, you can ask the council to roll the case back to pre-liability order stage and cease enforcement action immediately. The law is Section 33(3) and 34(1) of the Council Tax (Administration and Enforcement) Regulations 1992, http://www.legislation.gov.uk/uksi/1992/613/regulation/33/made Contact the council and ask them to comply with Regulation 33(3) and 34(1), but if they are unable or unwilling to do so, then ask the council to revoke the Liability Order under Section 82 of the Local Government Act 2003 because the summons was sent to the wrong address. http://www.legislation.gov.uk/ukpga/2003/26/section/82 If the council does not cooperate then you can ask the Local Government Ombudsman to intervene. You can even ask for compensation, the award of this type of non-compliance by a council is typically about £100. Awards can be more if you received a bailiff or paid money to one. Also, contact your local councillor and get him on side and show him the above information.
  17. Thats interesting. I dont know what force this is, but at Hendon (Metropolitan Police), Police officers during their training are instructed to ask a parking tickets bailiff to leave the property if he is unable to show he holds a current bailiffs certificate.
  18. Ive just given this a light read over but I think this merits more comment later. A few initial thoughts for now. 1. Did you pay the bailiff using a credit card? 2, Was the car(s) clamped on private land - e.g.a driveway (Statute of Marlborough 1689) Dont go emailing or sending complaints to everybody just yet. Your complaints will need to be made on several fronts. First, have ducks in a row. The council - (and later the Local Government Ombudsman - if the council is uncooperative) the council is responsible for their bailiffs and any claim you make to recover your money will be made against the council in the small claims track. let me know if you want to do this? The Police complaints commission: the police officers in attendance while you were defrauded of over a thousand pounds in fees by a bailiff without the he did not have a costs order made against you. They just made up then fees ad-hoc. The only statutory bailiffs fee you are liable for is £28% of the fine. Your complaint against police is one of assisting an offender in committing an offence by pretending the crime is a civil matter (Section 2 of ther Fraud Act 2006), which in itself an offence under Sectrion 4 of the Criminal Law Act 1967, and they could also be guilty of Perverting the Course of Justice. But dont go firing this off this complaint just yet. The bailiffs have made a false representation as to how much you legally owed, In short they had a field day on you and screwed you right over. Dont bother complaining to bailiff trade assiociations, or the bailiff company itself. JBW is well known for dealing in bent cars. Their MO is lift the car first and ask questions later. If you want to make a complaint against a bailiff at the court that issued his bailiff certificate, you complete what is called a Form 4. Do not go diving into this just yet. The bailiff should not has interfered with your boyfriends car, there is probably no warrant of distress, NTO or a charge certificate served on him at his correct address. 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. Make a separate post in the motoring forum and speak to a parking tickerts guru. Work out what the fine and fees should have been: The law prescribing bailiffs fees for collecting unpaid parking tickets is Schedule 1 of the Enforcement of Road Traffic Debts (Certificated Bailiffs)(Amended 2003) Regulations 1993. 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. See Section 7 of the Interpretation Act 1978 if this applies to you. 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 All non statutory fees, and bailiffs costs where no costs order has been made against you: £0.00 - unless bailiff can prove his costs by showing you sales invoices giving rise to those costs or he obtained a costs order at court. If a bailiff says he has a costs order, but you find he doesnt have one, then he commits an offence under Section 40 of the Administration of Justice Act 1970. The police officers at the scene should have checked the document. There are no such statutory fees called Tow truck £234 and clamping fee etc. The bailiff has made these up and at a minimum, it amounts to unjust enrichment. (if you use the small claims track route to recover your money).
  19. Ask the councuil, Will they accept an affidavit from you to support your position no letters were received by you.
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