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Bailiff Advice last won the day on November 24 2022
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Excellent responses as always from blfuk1 !!! To the OP.....I would URGE you to tell the family that they should almost certainly NOT invite an enforcement agent to go into the property. Instead, somebody from the family needs to be contacting Marston to explain the significant vulnerability of the debtor. I would expect that the account would then be referred to the companies Welfare Dept.
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As this matter is the subject of a criminal enquiry, I will not be commenting about the incident itself (and I would suggest that the same applies to other viewers). You mention that you have been in contact with a solicitor who you say is eager to represent you. Have you informed him that you have made your complaint public? Back to the debt itself; you said in your post that you HAD received an enforcement notice from Equita and that following this...you 'immediately filed an Out of Time' application. What date was the Enforcement Notice from Equita? What date (and time) was your Out of Time Application submitted to the Traffic Enforcement Centre? Were your Out of Time forms sent by email or by post? If email, did you receive an acknowledgment from the Traffic Enforcement Centre? Most importantly, upon receiving the Enforcement Notice from Equita, did you contact Equita to inform that of your vulnerability (operation, hospital stay, crutches etc)?
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NO...the £495 cannot be applied. The following wording is taken from the Explanatory Memorandum supporting the Taking Control of Goods (Fees) Regulations. In your case, the enforcement agent failed to 'take control' of any goods.....there was no signed inventory listing any items. Therefore, he can merely charge only the Stage one fee....nothing more. For the avoidance of doubt, the £495 cannot be charged.
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For ease of reference, my post number 25 from the link made a few moments ago by DX100 explains the position more clearly regarding fees. Although the post was made in 2016, it is still valid. Elliot Davies Court Enforcement doorstep visit this morning - Bailiffs - Help with Dealing with Bailiffs and Enforcement Agents including HCEO - Consumer Action Group From your answer, it appears to be the case that the enforcement agent did NOT enter into a Controlled Goods Agreement or take an Inventory of Goods (which must be recorded on a Statutory Notice).
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Credit Searches fail to display the name of the creditor and this has been a huge problem for years. The good news is that this omission is amongst proposals which hopefully will be introduced within the next few months. In the meantime, instead of me reading back over many pages, are all the Penalty Charge Notices issued by Transport for London? How many are there? Also, have you actually contacted TfL?
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In the first instance, well done for managing to get the Family Annexe and Single Person discount and most importantly, getting the agreement from the council to 'back date' the discounts to 2019. When the enforcement company were instructed (in 2022) they were entitled to add the 7.5% uplift (on amounts over £1,500). They were within their rights to do so and it would not be for them to amend their account. Instead, they are instructed by the local authority and it is up to the LA to make any adjustments.
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I really am confused by your many references to legislation and in particular, whether it even applies to you (which it mostly doesn't). For example, in relation to Para 60 of the National Standards, (Power to entry by force), this has no relevance in your particular case. Your reference to Regulation 9 is misleading as it appears to give the impression that a bailiff cannot take control of goods after a period of 12 moths beginning with the date of the Notice of Enforcement. A warrant may be extended for a FURTHER 12 month period. Your reference to Part 75.7 (10) would also not apply in your case. Most importantly, can you please provide a link to the Enforcement Services Agreement that you say originates from the Local Government Association.
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I can understand your reluctance to pay. However, not only has your appeal been considered by TfL, but the rejection to your appeal has also been considered by London Tribunals. If you don't wish to pay, then that must be your choice. However, you may wish to bear in mind that if a bailiff is to visit, the debt increases to £559.
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The internet can be a great place for information...however, it can also be a place where people seeking advice about bailiff enforcement can be seriously mislead. The fact of the matter is this....you appealed a PCN within the right time frame and lost. You then took the matter to London Tribunals who agreed that that the ticket had been issued correctly and they ordered you to make payment. How much did the Tribunal state that you had to pay? I am confused by your post when you state that you have to make payment of £240 otherwise, a Charge Certificate will be issued. With a TfL penalty, the amount required at Charge Certificate stage would be £240. As no Charge Certificate has yet been issued, the amount should not be £240.
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As this is a different Penalty Charge Notice, a further Out of Time Applications needs to be submitted. You need to ask Waltham Forest for the vehicle registration number of the vehicle involved in this particular contravention. You also need to ask them to provide a copy of the vehicle Hire Agreement that should have been provided to them by the hire company. Lastly, you should ask the council to confirm what address their initial notices had been sent to.
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