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    • Today has been hectic so  have been unable to complete the whole thing. If you now understand it and want to go ahead with a complaint to the IPC, fine. If not then I won't need to finish it. But below is my response to your request  on post 64. No you don't seem stupid, the Protection of Freedoms Act isn't easy to get one 's head around at first. The part of the above Act referring to private parking is contained within Schedule 4 which you can find online under the Protection of Freedoms Act 2012. Section 9 of SCH.4 relates to how the parking scrotes have to perform so that they can transfer their right to pursue the keeper from the driver when the PCN is still unpaid after a certain amount of time. In your case the PCN was posted to you the keeper and arrived within 14 days from when they claimed a breach occurred. That means they complied with first part of the Act. The driver at that time was still responsible to pay the charge demanded on the PCN and PCM now have to wait for 28 days to elapse before they can write and advise the keeper that as the charge has not been paid, that they now have the right to pursue the keeper. They claim they sent the first PCN on the 13th March, five days after the alleged breach and it arrived on Friday 15th March. So to comply with the Act they have to observe Section 8 subsection 2f   (f)warn the keeper that if, after the period of 28 days beginning with the day after that on which the notice is given— (i)the amount of the unpaid parking charges specified under paragraph (d) has not been paid in full, and (ii)the creditor does not know both the name of the driver and a current address for service for the driver, the creditor will (if all the applicable conditions under this Schedule are met) have the right to recover from the keeper so much of that amount as remains unpaid. ---------------------------------------------------------------------------------------------------------------------------------------------So the first PCN was deemed to arrive on the 15th March and for 28 days to have elapsed is when the time is right for them to write and say you are now liable as keeper. So they sent the next PCN on the 12th April which is too early as you could still have paid until midnight of the 12th. So the earliest their second PCN should have gone to you was  Saturday 13th April so more likely on Monday 15th April. The IPC Code of Conduct states "Operators must be aware of their legal obligations and implement the relevant legislation and guidance when operating their businesses." So by issuing your demand a day early, they have broken the Act, the IPC Code of Conduct, the DVLA agreement  to abide by the law and the Code of Conduct not to mention a possible breach of your GDPR .   I asked the IPC  in the letter on an earlier to confirm that  CPMs Notice misrepresenting the law was a standard practice for all of PCMs Notices or just certain ones. Their distribution  may depend on when they were issued and whether they were issued in certain localities or for certain breaches. Whichever method used is a serious breach of the Law and could lead to PCM being black listed by the DVLA . One would expect that after that even if the IPC did not cancel your ticket, PCM could not risk going to Court with you nor even pursuing you any further.
    • thanks jk2054 - do you know any law i can quote (regarding timeframe) when sending the email as if i cant they'll probably just say no like the normal staff have done? thanks.
    • I lived there with her up until I gave notice. She took over the tenancy in her name. I had a letter from the council and a refund of the council tax for 1 month.    She took on the bills and tenancy and only paid the rent. No utility bills or council tax were paid once she took it over. She will continue to not pay bills in her new house which I'm now having to pay or will have to. I have looked online I believe the police and solicitors are going by the partner law to make me liable.   I have always paid my bills and ensured her half was paid then see how much free money is over.   She spends all her money on payday loans and rubbish then panics about the rent. I usually end up paying it or having to get her a loan.   Stupidly in my name but at the time it was because she was my partner. I even paid to move her and clean and decorate her old house so she got the deposit back. It cost me £3000 due to the mess she always leaves behind.
    • Paula Venomous refused to resign for 16 months and eventually did only because a doctor threatened to resign. Interesting snippets and insights in the article. Paula Vennells clung on to ‘plum’ NHS role after Horizon scandal ARCHIVE.PH archived 19 May 2024 21:49:07 UTC  
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      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Council Tax bailiffs - what should I do?


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I had a knock at my door at the beginning of January - the council had kindly passed on the outstanding amount owing for THIS year (2007/2008 ) to Philips. I got a note thru (without any ref.no) and it had gone from just short of £500 to just short of £700. Rang the bailiff, who reckons he won't take anything less than the full amount - not even 2 payments of £350! I have to pay in full and it has to be tomorrow. Rang their office who were equally unhelpful, I must pay their bailiff who 'takes cards with a 5% surcharge'

I've signed nothing and they haven't met me let alone entered my house tthough I do have cars in my drive

What do you all reckon? I've just tried the council automated payment line and everything still works so should I just pay them a bit and tell the bailiffs to sod off?

 

It seems a little unreasonable to knock back a potential payment of £350....

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Pay the council direct and avoid the bailiffs, park your cars elsewhere so that the bailiff cannot levy them and whatever you do dont sign anything or allow the bailiff entry to your house so that meens keeping windows and doors shut and locked

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I was able to pay the council the full amount I owed them today, which I did direct on their automated line

The bailiff has rang me several times today informing me I have to pay them the additional charges 'or they'll be round tomorrow'. I quoted the paragraph on charges from the 'advicenow' guide which he claims isn't so! He admitted the call charges were correct, but said the other charges were 'levy' charges placed on the vehicles in my drive. On the first call he called this their 'walking agreement' fee, then on the second call he denied this and said it was a 'levy' and said he'd be back and I would be charged another £100 if I didn't pay him the charges (nigh on £200)

Now, on these visits and levy's, I have had only one note shoved through my door and no notice of any levy.

He admitted I no longer owe anything for council tax but claims they have powers to charge 'what they like'

My own feeling is this is all bull**** - they won't be doing anything cos they can't now as he actual debt has been satisfied, and to add insult to injury the fees they want paying for they won't account for on paper!

What do u all reckon?

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If a levy had taken place then paperwork showing this levy would of had to be left with you, this is clearly not the case, now that the council are paid in full (request a statement of account from the council btw incase you ever need it as proof) the powers which the bailiff originally had are no more, they are now nothing more than a debt collector with no powers to remove goods etc, generally they will give up with time knowing that if challenged on their fees it would be rather embarrassing for them to have to explain to a judge how they arose, if your concerned im sure tomtubby can offer a letter for you to send the bailiff company

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Locksmiths? they are having a laugh arent they :rolleyes: note the use of "may" as it covers a variety of situations (ie standard form) unless they have entered your property by either an open window or door or with your permission they cannot force entry, once they have entered by the above methods they can however return and enter using force hence never let them in and keep doors and windows shut tight

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I think the bailiff today was merely disappointed he wasn't getting his slice of the cake... he didn't like being faced with facts and in the end decided 'this conversation's going nowhere'

At 2 o'clock he had a 'walking possession' by 4.45 it was a 'levy'

I asked for a breakdown of these charged he simply said if I don't pay him 'today' they'll be round to exercise their levy.

Unfortunately for him I know these people are trained bullsh---ers and will say anything to get "their" cash

If anyone does turn up, police will be called pronto to stop a breach of the peace... I'm not expecting it though

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This is why it would be a very good idea to have a statement of account from the council and perhaps print out the relevant bailiff law ready should the police not be aware of the rules which sadly in a number of cases they are not

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Well, thanks a lot for all the misinformation guys

A wnkaer at East Riding Council inform me the shi t heads at Philips can charge for as many visits as they like, levy without paperwork and I still have to pay them

Thanks a millions guys

The lump of turd arrived this morning at 9.30 clamped my car called the idiotic police and I was arrested for trying to move my own clamped car in my own private drive ('breach of the peace' apparantly) and thrown ina cell for 4 hours before being released with a fixed penalty ticket. missed an essential meeting and was embarrrassed in public and apparantly we're all in the wrong. Oh yeah and a trapped left hand nerve or asomething thru being cuffed - my hand keeps spasming and freezing

 

How do I find £173 for tomorrow, answer me that!

 

Thanks again

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