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  1. Hi, I wonder if someone can help on this matter. October 2017 - I received a Capital COntribution Order (CCO) for £52968.06 to repay to Legal Aid Agency (LAA) following a legal proceeding. In this case Rossendales claimed £362.50 as enforcement costs and other fees for a Charging Order thay they put on my property. December 2017 - I lodged a Judicial Review as litigant in person against Legal Aid Agency. The argument was that the CCO was miscalculated. Jannuary 2018 - The High Court ordered LAA to recalculate the CCO within 3 months. May 2018 - LAA admitted the miscalculation and issued a variation of the CCO for £39567. This time Rossendales raised the enforcement costs and other fees to £442.50. 21 August 2018 - I contacted Rossedales in order to arrange a payment plan. 29 August - The High Court ordered LAA to pay my costs for the persuance of Judical Review. 31 August 2018 - Out of the blue, Rossendales sent me another variation of the CCO for £41003.63. This time Rossendales raised the enforcement costs to £1878.50. Basically, the amount of the CCO did not changed (£39567). Rosseldales just added more fees. I understand the initial enforcement costs of £362.50 for the application of the Charging Order. But after they secured their credit there was not action anymore in terms of enforcement. I lodged my Judicial Review and succeded in that.They sent me a new CCO and applied fees for £442.50. After contacting them on 21 august to arrange a payment plan they raised again the enforcement fees to £1878.50. Which enforcement fees they are talking about if the only enforcement action took place on October 2017( 11 months ago) for the Charging Order? There was no enforcement action from Oct 2017 up to date especially when I succeded with my Judicial Review. I intend to make some objections to this fees but I need some advice or opinions on the best way to proceed. I really hope that someone can help me. Thank you very much
  2. CAN ANYONE WHO READS THIS PLEASE GIVE ME SOME THAT IS CORRECT AND FACTUAL BECAUSE I HAVE TO HAND IN MY DEFENCE FORM AND EVIDENCE TO THE COUNTY COURT TOMORROW. This is something I think everyone should read as it may help you defend a sec 21 and eviction. I will give as much information a possible without it becoming to long to read or confusing. I will refer to the Landlady as She or Her. In August 2017 I moved into a self contained unit in a house that had been converted to 6 flats each with electric meter, bathroom, simple kitchen unit but still classed as a self contained studio. She did not take a deposit to avoid depositing it. Even the kitchen and bathroom had been converted into flats. as it had been done a few months before the other 5 tenants and i had moved in there was a lot to been done yet the landlady still demanded the £800 monthly rent. In addition the electric had been sub metered and we/I were have not been given a top up key or card we had to give Her £10 every Sunday and she would use a disposable prepaid card then tore it up so we could not read what was on it. She was charging us 20p kwh day or night. She put the heating radiators on when it got cold in December and put it on a timer to suit her as she was paying for it. I noticed that the extension at the back had walls that were not straight and all partition walls had no insulation. Heating the place got very expensive costing Me £40 a week. That suited her very well that she gave every tenant an electric blanket for Xmas . All the other tenants praised and thanked her saying she was the best landlord ever. OK I WILL EXPLAIN VERY BRIEFLY By now it was clear that getting them to report her to the council would be futile so I did it myself in January. They told her and she gave me a section 21 as tenancy was 6 months. I read it would be invalid if name was spelt wrong and she put a O instead of A. I had broken my leg badly mid January at work so was off for the next 6 months and being self employed the council now paid my rent. BTW....4 other tenants all on ESA and taking illegal substance paid for by tax payer. I thought council would take action but nope. I lived in a hostile place but they slowly came around to listening to me when I showed them how she was robbing us. It was only 30 June 2018 that a enforcement notice came from the council stating no planning permission and illegal use as flats that has to be rectified within 4 months of the notice. I thought finally they took action even though very late. 11 July an eviction notice is put under my door saying I had to be out on 19 July. Seems she had had a tenant get all important mail so I did not even get the defence form. i text her and asked where all that information was and she just replied i have until 19th. On 18th in went to court with a few photos of the place and n244 to stop eviction and give me a hearing and got one for 20th. On the 19th she came to the house and thought I was out I could hear her shouting to a tenant in room 6 above me as I am 4, asking why he didn't tell her I went to court etc. I ignored them and did my research for hours trying to find something to help as I knew the wrong spelling would not be enough when she tell court a lie that I got all letters from court. I was up all night and went to court for 10am and she was sitting there looking all confident. what I did was to tell the judge that the sec 21 was invalid because the EPC she gave me was not valid as law state every self contained unit must have its own EPC. she must pay me £200 and face a fine of 5000. I went on to say the GAS cert she gave me was also invalid because it has a Beko gas stove test results in the kitchen....OPPS, there is no kitchen in the house or gas stove, I went on to say the law says if she sub meters electricity she can't charge more then what she is paying the supplier and if she did she is to pay me back double plus the bank of England interest rate (needs better explaining I m writing fast as its getting late) she charge 20p and at times was paying 10p. The Judge had to look up everything I said for 30 mins then came back and told her I made my case the sec 21 is cancelled. She did say anyone can say they didn't get the defence form and he explained that when I got the eviction notice I contacted her and took action in taking evidence to court, And that did not make a difference because my EPC evidence is water tight. She kept insisting about the defence form so the judge said he will give me the form and other docs and I should file my defence form in 14 days which is tomorrow. to make things worse she offered me £500 to move out as she needs the property empty to do the work and I turned it down. She turned my electric off this past Monday saying she was changing the meters. Yet I told her I was doing my evidence for court and she kept it off all day. My question is can counter claim and ask for the £920 paid in electric, £200 for epc, my time and expenses gathering evidence and the stress I been through in the past 2 weeks or do I have to file separately in small claim court? I also want the court to award me an amount that will get her to know she is not above the rule or law because she has 12 other tenants living in the same type unit as I and just yesterday she tried to rent flat 1 that got vacated when she gave a sec 21 because he spoke up to her Thank you for your time.
  3. Step daughter has received enforcement from Jacobs they have told her she must pay £230 per month she cant afford that, she paid £200 which is the amount they said they needed to stop enforcement. Jacobs will not negotiate a lesser amount so she might as well not go to work. Ive read guidance to la but is it likely that a council who issues a liability order after 3 months are liable to care that the level of payment by their contractors is punitive. any advice on how to proceed would be gratefully accepted.
  4. I received an enforcement notice on 23 July 2018 for PCN issued by Harrow council on 14 March 2015. Prior to this I had not received any written communication about the original contravention as it seems that the original PCN was sent to my old home address. In July 2017, whilst paying for another PCN (issued in June 2017) from Harrow council on the website I learnt about this older PCN (from 14 March 2015). I had approached Harrow Council via email (they do not have any phone number) and enquired about this PCN. I told them I had never received any communication on the March 2015 PCN, and whether they can resend the PCN to my current address and what is the dispensation for paying the discounted amount given that I was not aware of the issuance of this PCN. I was informed via email reply that: "Unfortunately we are unable to resend to your current address. If you wish to challenge the charge please wait until you receive the Order of Recovery where you will be able to make a declaration on the grounds that you didn't receive the original charge." In regards to your question, an Order for Recovery is the next stage after the Charge Certificate. When it is issued, you can file for a Statutory Declaration form. This forms give you the opportunity to challenge the Notice." Following many email follow-ups to the Harrow Parking, I got an Enforcement Notice for the Outstanding PCN amount requesting a payment of GBP248. The Enforcement agency did not know anything about the statutory declaration form and they essentially advised to speak Harrow council. We agreed on an arrangement where I pay GBP75 and pay remaining amount over next 3 months which allows me to go back to Harrow council and challenge the original PCN. Few questions I have: 1. Do I have any possibility of challenging a PCN after the Enforcement Notice? Especially given the original PCN was never sent to me? Or should I pay the full GBP248 enforcement agency fine? 2. Can I challenge request a reduced payment of PCN assuming that I am at fault as I never got an original PCN where they do offer a discounted payment? I will appreciate guidance from the members from the forum based on your experience on this matter. Thanks for your help.
  5. Hi all, I wonder if there is anyone that could advise me in a pressing matter. Below are the details: Myself and two others held a lease for a commercial property between June 2012 to June 2017. In 2015 upon the breakdown of the business we had agreed with the landlord to surrender the lease and hand back the keys. The keys were handed back amicably however we were foolish in not signing any documents and neither was any provided or suggested. Until this time all business rates had been paid and settled. In the last two weeks a letter was received at my parental home (where i resided at the time but have not been for the last few years) about a liability order that had been at the Mags Court. This letter was handed to me via a family member and this is the first instance were i learnt about any of this issue. I immediately called the local council and told them the facts who had informed me that the landlord had informed them that we were liable for the business rate payments for the period of August 2015 until June 2017 (beginning the the circa when the keys were handed back and end of the original lease) I advised the council that the lease was surrendered upon agreement with the landlord and there was no paperwork besdies WhatsApp messages providing undoubtable proof that there was an agreement and the keys were given back to such extent the landlord requested the keys so that he could put it back on the market. I sent the council copies of the WhatsApp messages to review and explained the circumstances. They did not respond to this. Earlier this week, a family member called me to inform me that an Enforcement Agent had visited my parental address looking for me. The Enforcement Agent was informed that i do not live at the address - he spoke to a 15 year old 'minor' and left some correspondence. I was supplied with this Enforcement Notice and proceeded to call the Agent informing him that i did not reside at that address and asked him why he had spoken to a child to which he replied he was not aware and then claimed that this is the address that they have. I complained and asked him why a sensitive piece of correspondence was left in the knowledge that i did not reside there and i currently have no fixed abode. I also questioned him on their registration with the Information Commissioner (i am a Data Protection expert) and noticed that the company Onesource was not registered and in a number of places are non-compliant with Data Protection regs - he immediately hung up. I proceeded to contact the business rate team and asked them if they had reviewed the WhatsApp messages to which they replied they had not but would not review them as they do not think it is sufficient but asked me to speak to the landlord and get some documentation. Having spoken to the landlord he refused to acknowledge that we had agreed to terminate the lease and would not speak further. However, upon reading 'implied surrender' there is no doubt that the nature of the messages provide outline that 'the agreement is inconsistent with the continuation of the lease' as such there is an 'implied surrender'. I again messaged the council and asked them review the messages as there is no prescribed method for an 'implied surrender' if they are not able to do so then they should escalate. This is all in addition to a notice to the Information Commisioner with regards to the data processing activities which are non-compliant and subject to substantial fines. My family members at my parental home (whom i have little contact besides a younger family member) are as far as i am aware working on a Statutory Declartion to advise the council and enforcment agent of my non-residence. I did not receive any correspondence from the council or courts as i do not live at the address and any that was sent there was likely returned or destroyed - i do not know. I have tenancy agreements for residences that i resided over the last few years but do not want to provide them. As mentioned at this time, i am living with some friends and couch surfing whilst i find a place to rent. I have not assets or cars or anything of substantial value - not even a TV in my name. Additionally, I am no longer in touch with my business partners and do not know exactly where they live. They only have my address. The business was run under a Ltd company (now dissolved) but the lease and business rate were in individual names. Is there a way to appeal to the courts? or the council? What are my options? I would appreciate any advise you can give me.
  6. Hi, I am asking this question on behalf of a friend who doesn't know about this website and doesn't have any computer experience. She works at pizza hut and gets free parking, she just has to register her car so that the cowboy company knows that she is exempt from a ticket. Her car was in the garage so she used her mothers instead totally forgetting the car wasn't registered as exempt. Civil Enforcement then issue her with a ticket as it was parked there over the 2 hours granted. She has asked pizza hut to confirm it was her car but they say they can't do anything and she has to take it up with the parking company. She tried and obviously, they didn't want to know. She just wants to know where she stands with this as it was a genuine error and she should have been exempt Thanks for any advice
  7. Sorry about the length of this post but this was just beyond a joke. Three years ago my car was seized by Newlyn PLC. Here are the cirmumstances that I am not sure about the legality of it: 1) The vehicle was clamped at 8:49 on a friday evening and removed from a public road 21 miles from my home. I thought when on a public road they had to wait 2 hours before removing the vehicle if the keeper is not present. If those two hours occur after 9 at night and 7 in the morning they are supposed to wait for the next working day. 2) Due to moving house when the PCN was issued (I admit I did forget about it) I did not recieve any notifications. Even though I reregistered the vehicle to my new address Newlyn & Harrow council sent the notices of enforcement to the wrong address. The warrant was to the incorrect address yet after the seizure they managed to find the correct address to send furthur fine notices to. I thought having the incorrect address on the warrant of seizure made it invalid. 3) This was my work vehicle and was only worth around £600. I was and still am self employed. This was explained to the individual that seized the vehicle and I was told it was tough luck and they had every right to take it. I understood that tools (Which were in the vehicles boot) & vehicles related to work that are valued at under £1000 could not be removed. I raised a complaint with the office who claim at no point did I tell them that this is a work vehicle since they record all calls. I explained that I had as per their instructions contacted their enforcement agent. 4) I could not afford to pay all the fees so had to let them auction the vehicle off. I told them to come and collect the keys and the logbook. They refused (By Phone) and hit me with locksmith and DVLA Fees. The DVLA Fees are a joke as the next point will tell you. 5) Around 2 weeks after the vehicle was auctioned off I started receiving Bus lane & Parking tickets from bradford MDC. I naturally contested these and send the proof of seizure & auction to bradford MDC. Bradford told me that this proof was insufficient and that I was still the registered keeper of the vehicle so was liable for all fines in relation to the vehicle. This I believe is incorrect the problem is I had to pay them due to the fact that Bradford MDC has taken out orders of liability against me while the appeals were still being processed. Do all councils tear up the rule book when it comes to money? DVLA would not take any action or help me with this situation since I did not have the new keepers details. Newlyn would not disclose them. When I questioned how I was supposed to send DVLA notification all I recieved was a "We Comply fully within the law" crap they give as a catchall. I think this one £65 parking ticket ended up costing me directly & indirectly over £5000. I know there is no way to get anything back since the industry is legalised theft but is there any way to make life uncomfortable legally for companies like Newlyn PLC. This is not about getting even and is more about trying to enforce change in both councils & the collection industry.
  8. Hi, Please could someone offer some advice please regarding a PNC I have received. Amount due: £100.00. Incident Date: 19/07/2017 Reason for issue: Not parking correctly within the markings of the bay or space. Thanks.
  9. Hi guys I wonder if you could offer advice please Jbw enforcement agent appeared at my home this morning looking for my 21 year old son. I did not open the door no will i. Son is not here at the moment but i do have a bed wardrobe ect in my dinning room for him to use if he was to be here - no belonging other then some clothes and odd toiletries and no car in his name. Notice just says enforcement for warrant £616 And a ref number . phoned son who told me to open his mail and discovered letters about non payment of dart charge from march this year. 2x £115 one of the numbers matches the number on the enforcement notice the other does not Whats the best way to proceed from here please ? Are they likely to try and take goods from my home ? Should son contact the bailiff with a offer ?
  10. I am a member of a gym which has a small car park. When you attend the gym you have to input your car reg inside the gym. I bought a new car in March and on the same day I collected it I went to the gym, inputted my car reg which as it was new the system wouldn't recognise. The attendant told me not to worry and I signed in as usual. Of course I then receive a PCN which I appealed and provided confirmation from the gym that I was a member and attending the gym at the time in question. For some reason the appeal was turned down and I have now received a demand from Civil Enforcement threatening escalation to a third part collection agent and possible proceedings. As the gym whose car park it is has confirmed I was there can CEL demand payment. What is my next step. Is there a standard letter I can send to CEL advising that they have had confirmation from the gym that I was there and signed in.
  11. Hi Thank you for allowing me to post on your informative website. I am after some advice please. A CCJ was entered against me, mid May this year for £2300. I’m not disputing that I don’t owe this money. I have received a notice of enforcement from Shergroup Enforcement telling me that if I don’t contact the by 5pm on the 23/6 I can expect a visit at home. The letter only arrived this morning. What should I do if they turn up. Obviously I won’t answer the door to them or sign anything. The property belongs to a housing association. I have a car but it is on finance but I’m guessing to be on the safe side I should hide it. I have two vulnerable children at home both under the age of 16. I will be able to clear the debt in full in a couple of months. Thanks J
  12. Hi, back in November my daughter received a PCN from Civil enforcement ltd. stating she hadn't paid for parking. The parking was in a conservative club that you had to pay for on your phone. S he arrived at 12:08 and left at 12:27. In this time she didn't have her phone on her so ran into the shop to see how she could pay as the club was closed. (the only place to park to visit this shop is the club). They couldn't help so she returned back to the car and left. She later received the PCN then a letter from ZZPS saying they will instruct their solicitors to chase up the now £140. Then another letter arrived from QDR wanting £236. Now she has received a claim form from Northampton from civil enforcements saying she will be going to court. We are not sure where to go from here. Any help would be appreciated Thank You
  13. To cut a long story short I have received a notice of enforcement from Marstons. It is a high court writ for a vet bill I couldn’t pay in full. My circumstances changed and we ended up here. It is for 2k. I don’t have this money and couldn’t afford the original repayments set up before it went to the high court. I cannot pay it and have zero assets and live in a council place. My Mother died two months ago so everything was up in the air and I didn’t want to deal with anything. My plan was to file for bankruptcy, I have started an application. I tried to arrange a repayment via the bailiffs office but the woman on the phone said they have to come out to check I really don’t have anything of value. I don’t work due to illness currently so have only benefits money which is very little. I don’t drive so have no car but I am worried they might try and take a neighbours, which would be bad as my upstairs neighbour hates me any way. I live on a street with no actual parking so the cars all just park on the road outside. I had until today to pay. My question is what happens next? I won’t be allowing entry as I know if I make a repayment arrangement and I can’t keep to it, letting them in means they can break in at a later date. I really have nothing of value but I don’t want them letting my cats out. I keep doors locked anyway and the windows have latches. I have applied for a stay of Execution which I know takes time and I will be filing for bankruptcy but I can’t afford it right now. Just need a bit of support from those in the know.
  14. Hi, I am writing this on behalf of a disabled friend, who has received a Parking Charge Notice through the post from Civil Enforcement, mid last week, around the 26th of Feb. Some info: Date of infringement: 15th Feb 2018 Issue Date 22nd Feb 2018 Date Received 26th or 27th Feb 2018 No photo evidence mentioned, but possibly auto cameras. Cannot see any Section 4 mention on the letter. Just says Maximum Parking Allowance Exceeded. Not appealed yet, we will, and I will detail in a moment what we are thinking to say. Parking Company is Civil Enforcement Spinning Gate, Leigh. Says they have appeal procedure, and if unsuccessful, then Popla. So most importantly, the car park in question is shared by Cineworld, Tesco, and several other food chains such as Frankie and Benny's. The entire car park has a 3 hour parking time limit. We were parked at the side of the cinema, and during the 6 hours we stayed, we went into Tesco, and into their restaurant, and stayed well in excess of an hour as the disabled person was not feeling well (Primarily pain). Once she recovered sufficiently well, we then shopped in Tesco for around 45 minutes to shop. After that we attended a screening of the new Black Panther film. We went into the cinema early so that the disabled person could sit a while. This was around 45 minutes, including purchasing tickets, and getting sweets. We then watched the film, which has a running time of 2 hours and 14 minutes, but including trailers and advertising was closer to 3 hours, for the film alone. As such the film alone would have taken much more than the three hours allowed, inclusive of obtaining tickets, food and seeing the entire film, so on the basis of this, we would have incurred a parking charge, simply for attending the film at the cinema and parking in their car park! Given my friend is disabled, I thought to provide proof of her disability, with a copy of her blue badge, numbers redacted. The letter they have sent already has her name and address in full so they know who drove, and she is the sole driver. I also intended to provide a photocopy of the cinema ticket to prove our attendance. This and a covering appeal letter stating exactly what I have written here. Should we appeal? I figured CE will just decline it anyway, and likely Popla too. What happened if it is declined, and we don't pay? Surely if they took her to court they would lose, simply based on the fact we were parked to see a film in their car park, and in order to see that film we would have to be there longer than 3 hours, or miss the end of the film Given the person being claimed against is disabled, obviously she is slow to move around, and needs a lot of help and support. She is naturally very upset about all this absurdity. Any advice on how to proceed would be most welcome. Thank you.
  15. Having a few issues with Civil enforcement LTD They got my car in a pub car park in the east riding of Yorkshire where you have to go in the pub to let them enter your reg plate but this wasn’t made clear in the pub. I received a letter first letting me know about this parking charge when it stated that I hadn’t paid at the discounted rate of the first letter. Never received the first letter at all - so been trying to get out of this ticket Wrote to Civil Enforcement limited and they told me it was tough as they sent the letter and didn’t matter if I had received or not Tried appealing the ticket with POPLA but couldn’t. as Civil Enforcement limited wouldn’t give me a code to appeal the ticket. So POPLA wouldn’t entertain me So went one above and then Emailed BPA but they said they didn’t get involved in disputes such as this but I learnt that Civil enforcement LTD pay a membership to them I then got a letter from the solicitors on the behalf of Civil enforcement LTD. They have offered me a payment plan of an extortionate rate of £236 for been in this car park for 12 mins :mad2: Is there any way I can get out of this, Happy to provide more details if need be Thank you in advance
  16. HELP!!!!!! Please ....... My 16yr old son went through a bus lane back in November 2017 on his motorcycle, the first we knew about it was when we received an notice of enforcement totalling £175 through the post from Marston’s on 29th March 2018 but the letter was giving us until 25th March to get in touch for a payment arrangement. We rang them and explained that this had been received after the date to come to an arrangement and this is the first time we had known about the fine. They were most unhelpful saying that the full amount needed to be paid to stop further action. I asked for evidence of the offence and they did not have this and suggested I speak to SWindon Bpurough Council. This we did and also they were inhelpful saying this was now passed to marstons who were dealing with it now. We explained that had we received the PCN’s we would have paid the priginal fee of £30. They had no photographic evidence as there files were now closed on this and everything was with marstons. We filed an out of time order with the TEC had no response and now we have a removal notice today for £408. My son is on full time education does not work as he helps me at weekends as I e just been diagnosed with cancer. He has no way of paying this and marstons will not accept an arrangement they only want full payment. I’m happy to pay weekly to stop this action if only they’d listen. My son no longer has the motorcycle as he sold it to use for tools for his college. Can someone please help or advise. I know the usual keep doors and windows locked but I need a solution to the problem.
  17. Hi, Went to a wedding last year? I honestly cannot even remember how long ago it was. There was insufficient parking space at the venue and my vehicle was parked in an empty cash and carry car park just down the road. We did not see any signs/ information informing me this was private property/ charges etc. I have attached a google street-view image of the area in question - the signage is very small and I can confirm on the day - a vehicle was parked in front of the sign - big enough that myself and 4 other members of my family walked straight past it and did not notice it. The vehicle was parked approximately where the silver car is in the image. I received a parking charge notice on return to the vehicle and numerous parking charge notices via mail - I followed advise from a basic google search which advised to ignore. I now realise this was a mistake. Received the following letter through the post today. I have stupidly thrown away all previous correspondence and cannot even remember the date of the incident. Am I outside of the period in which to appeal? What action would you advise? Many thanks in advance
  18. Hello All, Apologies if this has already been covered, I have tried to read others responses but not sure sure if they apply to my specific case. I wonder if anyone can please help? In August 2017 on my first day at my new hospital where I started work (before hospital induction) I accidentally parked in a patient car park rather than a staff carpark. I received a parking charge of 35.00. The week after i emailed the email address from the ticket (unsure who exactly) defending my case. I never had a response. Subsequently over the last 9 months i have received various letters about this (which have been going to my old address) and the latest is from Civil Enforcement Ltd. stating the outstanding debt is 206.00 and i have 30 days from the date of this letter until they will issue proceedings with the county court. I would like this issue resolved as soon as possible obviously without me having to pay, as I do not think it is a fair penalty. I would very much appreciate if anyone could assist me/advise me in moving forward in terms of responses? Thanks very much, Jay
  19. Hi I have received a letter today from Marston High court enforcement about an alleged parking ticked from Kirklees council in my old car from 18 months ago. If I ever received a parking ticket I've paid it straight away, no way would I just leave it. It states I now own them £173 with fees for a debt I have no clue about, I don't have any recollection of any unpaid parking fine, I've had no reminders or letters, just this through the door today. What do I do? This is really annoying, if it was a debt id ignored or knew anything about I would say fair enough, but I am clueless and certainly had no more letters on this. I moved to this new home 3 years ago, so it can't be anything went elsewhere. Please advise Thanks
  20. My daughter parked for too long and received a penalty notice. She forgot to tell me as I am the owner, so after 28 days I received a "notice to the owner" demanding I pay the full £70. I think that I should be afforded the same rights as the driver who could pay 50% within 14 days (£35) I checked the applicable regs which are currently the "Civil Enforcement of Parking Contravention (England) General regulations 2007" to see if I could appeal and in particular I was looking for the point at which the owner is notified to make my case. This also meant I had to understand what exactly was meant by "owner" and the regs helpfully define this for you at the beginning as follows. “owner” in relation to a vehicle includes any person who falls to be treated as the owner of the vehicle by virtue of regulation 5(3); Now it seems to me that this is wrong 5(3) only refers to persons who hire vehicles, it should refer to 5(2) which then includes 5(3) as follows. 5(2) In a case not falling within paragraph (3), the penalty charge shall be payable by the person who was the owner of the vehicle involved in the contravention at the material time. 5(3) Where— (a) the vehicle is a mechanically propelled vehicle which was, at the material time, hired from a vehicle-hire firm under a hiring agreement; (b) the person hiring it had signed a statement of liability acknowledging his liability in respect of any penalty charge notice served in respect of any parking contravention involving the vehicle during the currency of the hiring agreement; and © in response to a notice to owner served on him, the owner of the vehicle made representations on the ground specified regulation 4(4)(d) of the Representations and Appeals Regulations and the enforcement authority accepted those representations,the penalty charge shall be payable by the person by whom the vehicle was hired and that person shall be treated as if he were the owner of the vehicle at the material time for the purposes of these Regulations. Note that the Representations and Appeals regs 4(4)d above also has the same reference back to the general regs 5(3) - and not 5(2). So my question for all the legal eagles is can the charge be applied since my daughter did not hire the vehicle? Also should my rights as the owner afford me the chance to pay 50%? All comments welcome, I'm sure 5(2) still applies and I'm stuffed either way, but it would be interesting to see where my analysis went wrong! I'll clarify my thoughts a little more: With respect to clause 5(2) my daughter nor I fall within 5(3) so the first part is true, however, the second part says that the charge is payable by "the person who was the owner" and "owner" is defined as 5(3) so strictly all applicable owners are persons who only hire vehicles. Crazy, no! I'm sure this will be blown out of the water - but interesting mistake I think! T
  21. Hi. I set up a payment plan for a £300 council tax debt. Managed to pay the first instalment (£20), but due to lack of money missed the second payment. Just had a Schedule 12 Taking Control of Goods letter delivered. They also added £235 for the enforcement fee. Is it possible to contact the council again and renegotiate, and avoid dealing with the bailiff? I also have a motor vehicle outside (old car worth under £500) . I take it's a good idea to park it elsewhere? I'm keeping the doors/windows closed, and refuse to answer the door. But my main concern is that they'll force their way in. Will this happen? Thanks.
  22. The following press report features on SCOOP. Anyone viewing YouTube videos regarding bailiff enforcement, will be familiar with the name of Chrisy Morris (he previously used to call himself Chrissy Morris). Chris Morris features very prominently on many of the FMoTL F/B groups where he is very know know for 'baiting' bailiffs. He will telephone enforcement agents, enforcement companies, court staff etc and upload the conversations onto YouTube. As the article states, he is to face a 2 days trial for obstructing a Enforcement Agent when enforcing a High Court writ. https://tamesidereporter.com/2017/03/patel-cottage-bailiff-eviction-demonstrator-opts-for-trial/
  23. Hi, My other half received a PCN from Civil Enforcement Ltd following her picking up a prescription at the local doctor's surgery. She has a letter from the surgery confirming that this was the case on the same date on which the PCN says. My wife decided to inform Civil Enforcement Ltd directly that this was the case, along with the letter, and surprisingly enough these cowboys rejected her appeal. She then informed me of this and I am now trying to sort it out. In their letter to her they said their internal appeals process has been exhausted and if she wishes to continue her appeal she needs to go directly to POPLA. Could you please let me know whether I can write to them again, along the lines of the thread below or whether I will need to go to POPLA? I'm guessing they'll just ignore any further correspondence directly to them. http://www.consumeractiongroup.co.uk/forum/showthread.php?464918-PCN-from-quot-Civil-Enforcement If I need to appeal to POPLA could you please advise on what the letter should say? I have attached the PCN (I don't have a scanner at home hence the various pieces of paper covering up details - the letter is identical to the one in the link above). The incident date was 17 May 2016 and the PCN issue date is 15 June 2016. Thanks
  24. Hello guys i'm new here so looking for some help. i have a debt with penham excel for council tax with a notice of enforcement dated the 15th of march 2018. Of course i am liable for the debt totaling £255.00 £180 council tax arrears and £75 Complinace stage fee and i paid £100 by phone on the 9th of april. I then received a letter hand delivered by an enforcement officer stating that because he had attended my property on the 12th of april i now owed another £235 taking the total up to £490...i feel this is a bit cheeky of them and is it lawful? Thanks for any help you can give regards andrew
  25. Just had a visit from Marston’s enforcement officers trying to collect an unpaid magistrate’s debt that my son accrued whilst drunk, first of all I paid all of this fine in instalments but was late for the final £30, 3 days later my son received a letter from Marston’s saying he now owed £105 and this was a letter of enforcement £30 for the unpaid fine (which had been settled) and £75 for the letter, just for the cheek of it i filled it for him in the bin and forgot about it (6 weeks ago). When they arrived I answered the door with my son and they said he now owed £310, I showed them the proof of all the payment’s and they said that did not matter as the fees are now enforcement fees, £75 for the letter and £235 for them attending. I said to them that they must of known it had been paid before attending and they charged this fee for the letter, I then went into detail telling them that they added the fees knowing full well it had been paid and they are trying to bully him. They said they would be back with a locksmith or payment!!! Can I also add at this stage that no 7 day letter of notice to attend was received either, the bloody cheek, trying to enforce payment for their own fee knowing full well before attending that the fine had been paid. Yeah my son was drunk and disorderly hes only 18 and has learnt his lesson but why has society allowed the [removed] antics described above and what can i do? thanks
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