Showing results for tags 'authority'.
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Following the new regulations in April 2014 many people (in particular those who support the Freeman on the Land ideology) have tried to avoid bailiff fees by making payment direct to the court (in the case of court fines) or the local authority (in the case of council tax ). In the early months of the regulations many local authorities were still trying to grasp the new regs and computer systems needed to be updated and accordingly, the local authorities (and magistrate courts) were slowly coming to grips with the way in which payments made direct to them after a warrant had been issued should be apportioned in line with the regulations (ie; the Compliance Fee of £75 being deducted in full and the balance being split on a pro rata basis between the debt to the creditor and bailiff fees). As many will remember on this forum, an astonishing number of Freedom of Information requests have been made to local authorities (and magistrate courts) by a handful of people seeking clarification as to how an individual local authority (or court) deal with 'direct payments' and sadly there are many examples on the popular Freedom of Information website; WhatdoTheyKnow.com of local authorities being subjected to costly 'internal reviews'. Worryingly, these 'reviews' have almost always been against those local authorities who had responded to the FOI requests confirming that they forwarded direct payments to the enforcement company. Yesterday an article appeared in a popular trade magazine that is circulated to all enforcement companies and local authorities addressing the subject of 'direct payments'. The article is written by the Director of a well known enforcement company and I have been given permission by him to reproduce the article on the forum. -
Hi, firstly, my partner and I, along with our child have lived in this house since 2011 and in this street since 2006. Last year I applied for his secondary school place and was awarded the school of our choice, the school is 250 metres or so from our front door (one of the reasons that we moved to this street in 2006). Last week I received a letter from the LEA Admissions officer telling me that I had to prove where i lived in October last year, they want 5 pieces of paper, 2 of which are A V5 document , I dont own a car, my partner buy s and insures our cars, also, proof of receipt of CB and or Tax Credit, we receive neither of these. I cannot ring them until Monday, but this sounds very strange, part of the letter states that he is not necessarily doubting where I live or where our son lives, actually, that is precisely what it sounds like to me. Whilst we have nothing to hide and have not made a fraudulent application, I cannot provide them with something that I do not possess, does anyone have any advice please. -
I have received a PCN from Redbridge Council for an alleged offence code 31 entering & stopping in a box junction when prohibited. The evidence is a picture showing my car crossing a box junction witha close up of the number plate, I can't tell if I'm stationery or moving but it does look like brake lights are on. My argument is that this is a side road entering a B road and the only way to get out is if you are flashed to go by someone queuing in the heavy traffic, that is what happened here, if I had not pulled out when given way by to by another vehicle I'd still be sitting there! This really grates my cheese as there's no effort put into this and no real policing, just some camera observer sitting there adding up the fines for the LA. Is there any point in arguing this and if so any tips on what to say? It's a £65 fine if paid with 14 days or £130 within 28 days, notice date is yesterday and alleged offence date is 03/02/2015 It states the alleged offence was noted by enforcement officer xx from a road side camera. Not a happy Homer. -
Hello, This is my first time using this forum, I hope that I am posting this question in the right section. My name is Luis, I come from Portugal and have been here for over 7 years. I was made redundant from my last job where I was over 3 years, I have found another job but it is in an insurance company and I was told that it requires a credit check. Here in the UK I have checked with Experian and Equifax and there are no issues, no missed payments, no debt of any kind and no fines. My criminal record is also clean both here and Portugal. However a few years ago I did have CCJ's in Portugal, will this show and affect my chances of getting this job? The CCJs were a few years ago, this was a credit card and a bank loan but the company that I owe money to has gone into liquidation so I am not making any more payments as they don't exist anymore. In August I was in Portugal, went to see a lawyer and he said that there was nothing I could do, he also said that after 6 years the CCJs would be deleted from the credit reference agency in Portugal. How is this likely to affect the chances of me getting this job? Thank you very much for your help on this matter. Luis -
If I pay in a p&d car park for all day parking can I leave the car park, say to go out for a meal, and return within the time paid for? A stroppy official told me I can't and tried to make me pay again but didn't ticket me. Can I now expect something through the post? -
Hello all. I want to stop my local council sharing our data with our social housing landlord. Is this under the DPA 1998 or 1989? Or does it mater which one?
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It would appear that I have been moved to another energy supplier without my authority! This started back in November last year when I was contacted by Unicom sales and offered a better deal on my electric supply all sounded pretty reasonable on the phone and they e-mailed me a Letter of Authority to sign and return. On reading this Letter of Authority which gave them the authority to contact my current supplier and gather information about my account and rates; but I noted that there was a paragraph that gave them the Authority to Terminate my contract with my current supplier and move it to them, so at this point I left it. I soon received a call asking for the Letter of Authority, I explained that I wasn't happy with the Termination Clause and that I wouldn't sign such a letter. I was assured that they wouldn't terminate my current supplier contract without my say so; so to be sure I edited the Letter of Authority and removed the offending paragraph, signed it and sent it back. I never heard any more until a couple of months ago when I noticed that my DD payments to Unicom had jumped from about £30/Month to well over £1,000/Month. I immediately rang Unicom to see what was going on and they told me that it was because of my electric supply which they had taken over, I found this to be quite distressing as I had been paying my previous supplier in the region of £700/Quarter. I asked on who's Authority had they transferred my contract? I was informed that I had signed a Letter of Authority and that they had this letter on file; I asked for them to e-mail me that letter which they did and I can confirm that the copy they have is the edited version that I sent. So my question is did they have the authority to terminate my contract? Regards Chris -
Hello, I have been on this forum for over an hour and so far, unsuccessful in finding a 'letter of authority template'. There's a good chance you don't actually have an example here, but I thought I double check by asking. I have been ill recently and I now want a friend to be in position to deal with a creditor on my behalf. Many thanks
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Can anyone explain what signs are required on pay and Display car parks. Are there any rules regarding size of lettering/colour of background etc? Is there precise legislation I can refer to? -
Hi Guys, Just need some advice. My wife's sister fell very ill last December, she had to take an emergency flight to visit her. She took out daughter with her and she missed 4 days of school. We explained the situation to the school , however they passed out details on to the local council. We have today received a fine of £180.00 each. A total of £360.00, I was just wondering, could we appeal? I think the amount per parent is excessive. Our local council is Waltham Forest. Any information that can help would be much appreciated. -
Hi, I would appreciate some advice please. My name was disclosed, by social services, to a family after I reported somethings that some children had told me and that was of concern in regards to their welfare. I have suffered almost 2 years of daily harassment and intimidation from this family, the police have been involved and they recommended to have a community alarm as a vulnerable person. Which I have to pay rental on as I am too young for funding. I put a complaint through and saw through investigation to stage 2 where the complaint was upheld and that my confidentiality had been breached. The social worker refused to believe police were involved (despite me giving them crime reference numbers). On top of this, the social worker continued to disclose details of the complaint and investigation to the family resulting in further intimidation. This was happening at the school gates daily, was overspilling into those children bullying my children and was the last straw and I had to remove my children from the school. The investigator told me to ask for the cost of the distress, the alarm, plus financial losses (I have had to cease my home visit business due to odd phone calls) but investigation report told me to claim compensation from the local authority but denied my business suffered because of the disclosure. I also want to claim petrol and car costs to get the children to and from their new school also. But I am not sure what to do for this and I guess this is where they expect me to give up. A solicitor will cost me money but will this get me more money? How much is a breach like this worth? I still don't go out on my own locally, I even changed my car as my old one was quite distinctive. This has totally changed my life. I want to claim liquidated damages if possible, so they learn and do not do this to others. The reported ordered all social workers to undergo further data protection training so I assume that disclosure is a serious issue. Any thought on how to proceed would be most appreciated. Thanks. -
The Financial Conduct Authority have already managed to show great incompetence and lack of awareness of legal requirements by breaching the Data Protection Act and sharing personal information with a third party without consent. If they have any integrity they should hold themselves to the same standards they hold others and pay a mutli-million pound fine. This isn't just some woolly vague principle they have breached that can be interpreted retrospectively. It's a clear law that most people are aware of. Shame on you FCA.
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Hi Guys Another ridiculous scenario (In theory) I was speaking to Barclay's because something hit me about this very topic. A) Does CPA "Override" a card that has been lost or stolen? IE Payment being taken on a blocked card? B) What if the card is active and you have insufficient funds in the account? I had this discussion with Barclays as I had a major issue with them holding transactions back. But the above is just theoretical.
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The Department for Transport has issued a consultation document on council parking. https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/263815/parking-consultation.pdf The proposals include a ban on the use of CCTV for parking enforcement, whether there should be statutory 'grace' periods, whether adjudicators should be able to have discretionary powers and clearer guidance when adjudicators can allow costs. The DfT invites your views on current local authority parking strategies and on options they are considering to change the balance of how parking is enforced. The consultation ends on 14th February 2014. Q1. Do you consider local authority parking enforcement is being applied fairly and reasonably in your area? Q2.The Government intends to abolish the use of CCTV cameras for parking enforcement. Do you have any views or comments on this proposal? Q3. Do you think the traffic adjudicators should have wider powers to allow appeals? Q4. Do you agree that guidance should be updated to make clear in what circumstances adjudicators may award costs? If so, what should those circumstances be? Q5. Do you think motorists who lose an appeal at a parking tribunal should be offered a 25% discount for prompt payment? Q6.Do you think local residents and firms should be able to require councils to review yellow lines, parking provision, charges etc in their area? If so, what should the reviews cover and what should be the threshold for triggering a review? Q7.Do you think that authorities should be required by regulation to allow a grace period at the end of paid for parking? Q8. Do you think that a grace period should be offered more widely – for example a grace period for overstaying in free parking bays, at the start of pay and display parking and paid for parking bays, and in areas where there are parking restrictions (such as loading restrictions, or single yellow lines)? Q9. If allowed, how long do you think the grace period should be? Q10. Do you think the Government should be considering any further measures to tackle genuinely anti-social parking or driving? If so, what? You can respond on-line here: https://www.surveymonkey.com/s/T8W8R2F -
Petition: https://www.change.org/petitions/prime-minister-this-petition-is-to-clean-up-the-financial-enforcement-industry-by-creating-a-public-authority-whose-members-are-selected-by-public-vote This petition is to set up a publicly run body overseeing all debt recovery personnel, debt recovery businesses and government financial penalty issuing authorities. The public body members will be selected by a public vote. The public run body will have full authority to grant licences to, investigate, punish or dismiss any court appointment bailiff, debt recovery agent, enforcement officer or their businesses. The public body will have complete authority and autonomy from government or judicial interference to make decisions based on its own findings on any persons or entities working within the UK who are responsible for collecting monies or issuing financial penalties. The public body will oversee all debt recovery businesses and people within these businesses. The public body will oversee and contribute to regulation on the industry and licences to trade. The purpose of the agency is to: · Ensure ‘fit and proper’ people are working within the industry. · Create a culture of ethical behaviour within the industry. · Create transparency within the industry. · Regulate practice that is deemed publicly fit. · Be an authority for the public to raise serious concerns to and have them investigated as an authority. · Grant compensation to people who are caused serious issues through regulatory negligence or unfit practices. To impose fines upon, investigate, punish or dismiss these persons or companies who are not working within the guidelines set out by the public authority. -
Please sign and promote this petition: https://www.change.org/petitions/prime-minister-this-petition-is-to-clean-up-the-financial-enforcement-industry-by-creating-a-public-authority-whose-members-are-selected-by-public-vote This petition is to set up a publicly run body overseeing all debt recovery personnel, debt recovery businesses and government financial penalty issuing authorities. The public body members will be selected by a public vote. The public run body will have full authority to grant licences to, investigate, punish or dismiss any court appointment bailiff, debt recovery agent, enforcement officer or their businesses. The public body will have complete authority and autonomy from government or judicial interference to make decisions based on its own findings on any persons or entities working within the UK who are responsible for collecting monies or issuing financial penalties. The public body will oversee all debt recovery businesses and people within these businesses. The public body will oversee and contribute to regulation on the industry and licences to trade. The purpose of the agency is to: · Ensure ‘fit and proper’ people are working within the industry. · Create a culture of ethical behaviour within the industry. · Create transparency within the industry. · Regulate practice that is deemed publicly fit. · Be an authority for the public to raise serious concerns to and have them investigated as an authority. · Grant compensation to people who are caused serious issues through regulatory negligence or unfit practices. To impose fines upon, investigate, punish or dismiss these persons or companies who are not working within the guidelines set out by the public authority.
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Hi folks, A spot of advice needed, if anyone can help. I parked my motorcycle on the pavement outside my girlfriend's flat in Lambeth (wide pavement, right up against the railings and between the dustbins) and covered it over with the usual waterproof cover. I left it for 4 days, and uncovered it at the weekend to find two parking tickets, one dated 18/11 at 14.55, and the second dated 19/11 at 09.36. Both were for the same offence, 622 - one of more wheels over the footpath etc etc. Both tickets were issued by the same warden, no. LH1273. I can't really argue that I was parked on the pavement, but it's an old bike, almost 40 years old, and parking is scarce in the road concerned, and the bike had already been knocked over once, so I was reluctant to leave it on the roadway. However, I have a couple of issues that I would like advice on. The bike was securely covered with a vinyl Oxford cover, covering the whole bike. The warden would have had to unclip the cover to read the number plate, and then to affix the PCN to the fuel tank. He then replaced the cover without securing it. It was flapping about a lot. He then returned the following morning to issue another PCN, sticking it on top of the existing one and covering the bike up again. So; 1) Is it legal or permissible for a warden to disturb the bike in this manner, by removing and replacing the cover? 2) The bike was covered, and I did not see the PCN's until I uncovered the bike 4 days after the issue of the first PCN. If I had seen the first PCN I would have moved the bike immediately, seeing as the bike was directly outside the flat. Hiding the PCN under the cover meant I had no chance to act upon it, hence the second PCN. 3) Is it permissible to issue two PCN's for the same offence? In theory he could have returned every day (or few hours? Is there a time period?) until I lifted the cover up. 4) He stuck the PCN's on the fuel tank. The bike is fairly old and unrestored, and the fuel tank is patchy and a bit rusty - I like it that way, it gives it character. But when I pulled the PCN's off it took some of the paint off the tank, damaging it further. Do I have grounds to make a claim for damage? Also, I looked up the council's site to have a look at the picture of the offences, and neither were available, despite them supposed to be. I was hoping to see if the warden had removed the cover to take the photo. Any advice would be gratefully received - as a skint full-time student, two fines of £55 would make a big dent in my finances, made all the more galling because I only left the bike there as I was too sick to ride it to Uni in the cold weather we were having at the time, and I took the train instead. Many thanks in advance. Ian
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Hi im not sure if i have posted this in the right place, but need some advice about the continous payments, I had quite alot of paymnets taken from my card costing roughly £600, I tried to cancel this so many times and changed my bank card but they still managed to get my details and take payments again, i closed the account and opened a new bank account, i just wanted to know if it was [possible to still claim the money back as i no longer have the account .I would have stayed with barclays but as they wouldnt stop the payments going out it was my only option to change banks
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Hi Guys, A friend of ours got a local aughority ticket today for not being parked in her bay correctly. From what I've seen of the pics, the white lines that make the bay don't appear to be fully visible. The offence description is "Parking in a place other than a marked parking bay" Does anyone have any advice please Kind regards. EOS-5D :0) -
I have received a local authority parking ticket, I had purchased the correct ticket and put it on my dash (there is no adhesive on the tickets in my area) but it had blown off when I shut the door. I appealed and sent a letter with the paid ticket as evidence, their response was a ten page letter with pictures of my car, quoting bylaw blah and blah - basically they said because it was not displayed the fine stood. I responded with a letter of dispute but paid the £25 fine as I knew they would find a way of further penalizing me! Guess what, I received my cheque back today saying that they had received it after the 14 days(I don't have proof of postage) and now it is £50!! I am really aggrieved, what is likely to happen if I tell them I am not paying and they can take me to court? -
My wife called our bank to cancel the authority for a PDL company to take any further money from the account. Now we should have been suspicious as the person was very helpful. They confirmed that the instruction had been cancelled and that they were sending out forms to reclaim the last payment made in December, despite telling them that we are not disputing the last payment. So this was the 17 Jan and the payment was due for 20 Jan. However, what we didn't realise is that the company was taking the payment earlier due to the payment date being a Sunday and that there was less than 24 hours. The bank didn't inform us of this either. So I spoke to a few people today, still not realising that the reason it went out was due to it being collected earlier due to the 20th being on a Sunday. These people were the most unhelpful people ever. They somehow think I can see that is on their systems. Anyway, it turns out that we now have to reclaim the payment so it's good that we're getting the dispute forms meant for the December's payment as we can use these. However, I was also told that I can't go down to the bank and hand in my instruction in writing as I offered to do. I have to fill in certain forms for this particular type of transaction to get the instruction cancelled, which the original person failed to mention as they were assuring my wife the instruction had been cancelled. Not only that, but the person we spoke to today even said that after completing the forms they cannot guarantee the payments would be stopped!! Does it really need to be this difficult? I also get the impression from the people that I spoke to that if one of their colleagues makes a mistake then it stops with that colleague. No one was taking responsibility of the problem it seemed. What was most irritating was the first person I called kept saying 'you're only hearing what you want to hear' every time I or my wife didn't agree with her. She even used the phrase when she told my wife the money might not go out and my wife had to point out it had already left, that's why she was calling! Anyway rant over. With the process involved it's more than likely that next month will come and go again before we get the form, complete them, return them and they eventually pull their fingers out. -
Hiya, can someone please send me a link to a template/wording for cancelling authority for WONGA to take money from my account (the one to send to WONGA not to the bank)? The loan is due to be debited tomorrow, I have cleared my account and rang Natwest to cancel CPA- they told me they would request WONGA not to take payment but could not cancel, however would refund any money should WONGA take it at any point....then went on to say that if WONGA changes the name it uses to try and take money they cant do anything about it and that I am wrong about the FSA regulations....feel so helpless I think Im going to have to close my accounts............. ...but I do need template or wording to email to WONGA now....anyone have the best email addresses to use in order to get a decent response and acknowledgement back from WONGA also? Cheers all -
Not my words - but the words of the Court of Appeal. Dishonest without intending to be, apparently. Sent "semi-literate" letters No intention to bring legal proceedings at all!!!!! See the judgment attached for the whole grisly story. Of course this Court of Appeal judgment is about Parking Eye but you may find similarities in the way of doing business used by other private parking companies. Apart from anything else this is more evidence of the slack attitude of the British Parking Association to the behaviour of their own members. The BPA must be aware of this. What action have they taken against Parking Eye for their breach of the Code of Practice?? If anyone knows, then please let us know. The BPA is the outfit which pretends to want to set an Independent Appeals Service. Has Parking Eye's access to the DVLA database been suspended? I don't think so. If you have paid money to Parking Eye then you have a basis for claiming it back. certainly, if you have paid the so-called "full rate" then you have clearly paid an unenforceable penalty and you should go and get you money back Please note that the trial judge held that the initial sum was an enforceable charge. The Court of Appeal referred to it but did not consider it and made no finding which approved it . In other words, don't let Parking Eye or any other parking company tell you that there is binding authority for saying that the initial charge is valid. That would be a porky. Thanks to user:Tomtubby for discovering this judgment. Important rider - the Court of Appeal decision was based upon the Parking Eye arrangement as agreed with Somerfields in 2005. If their agreements are different elsewhere then that could affect the situation. Now original High Court judgment also available below. Thanks to Tomtubby again. -
I am dealing with Vanquis and some other issues on behalf of a relative. We sent them a signed letter from her, giving me full authority to deal with them on her behalf. We received a "response" today - demanding I fill in their own little form, and supply a photocopy of my driving licence or passport. On reading the rest of the form, despite me only dealing with the relations issues on her behalf, signing this form will give them the right to access MY credit files, and other databases, and to communicate my details to 3rd parties. Is all this Normal, or are they taking the mick? -
Hi all, Wondering if anyone can help. I had approx £500.00 of CPA's go out of my account during 2009-2011. None of these payments were ever authorised by me, my ex partner used my debit card to sign up to 2 dating sites and they kept taking a weekly or monthly fee out of my account despite me trying to cancel with my bank and with the compaies concerned. I didn't know anything about the payments until money started disappearing from my account and bank charges for returned direct debits started happening - due to not having funds available as they had been taken by these CPA's! I managed to get one comany to cancel after serveral weeks payments (£6.99 per week!), but the monthly one (started off as £22.80 as month, ended up as £44.00 a month!) went on for over a year with me asking Barclays to cancel, them saying its either cancelled or could I sign a letter and send it back, advising its a fraudulent transaction and they'd investigate or them telling me they couldn't help and it was up me to cancel with the company...bearing in mind, I never set up the dating account in the first place, so I had no details to go to the company with to cancel it. Sometimes the payments stopped for a month or so but then would start again and also the subsription fee went up a few times. I asked Barclays on numerous occasions to stop these transactions and eventually, in early 2011 they finally stopped. What I want to know is, can I claim this money back, considering the FSA rules around CPA's and the banks getting it wrong? If so, could anyone help me with wording a letter and what info would I need to provide to Barclays? Has anyone on here tried to claim back unauthorised CPA payments? Any info would be much appreciated.
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