DCA came twice to my door - Help Needed!!!

[profeta77]

Hi guys!

 

I am a newbie to this great website and I tried to find solution within the forums and from external sources without success. I hope somebody will be able to help me and that I will be able to share the experience with others.

 

Yesterday a DCA employee came to my door with its gorilla (a big guy as my flat mate said) and spoke to my flatmate who refused to get involved and did not gave any information. I was at work.

 

Here is some back ground:

• I owe the city of Edinburgh Council about £4000 of parking fines over 6 years, I never paid because I appealed for most of them because it was injustified and I was skint too. Now I have a permanent job.
  
• In November 2007 (3 month ago) I received a final reminder from Scott&Co the DCA.
  
• I immediately wrote to The City of Edinburgh Council as per attachment - penalties final.doc
  
• No reply
  
• I wrote again - penalty list 151107-1.doc
  
• No reply
  
• In the meantime I wrote to the DCA - Penalty Charges scott & co-2.doc - they never wrote back to me too.

I am was really worried of nobody getting back to me (I receive other letter OK!).

 

Then last month:

• They came to my door, left a business card to my flatmate who refused to give any info. There was a mobile number on this card. I've sent a text message. I never got a reply.
  
• They came again yesterday looking for me again, left a note (hand written on a piece of paper) with their address and mobile phone number.
  
• I do not know what is their next step...

I have a proof of postage from the Royal Mail for all of the above letters I've sent.

 

What should I do next? Phone them (I cant record conversations) or send them a letter recorded delivery?

 

Any solution welcome (and if there is a way to avoid to pay too!)

 

Please help urgently needed!

 

Thank you so much

[sosumi]

Hi Profeta, you need to take your personal details off the files you've posted.

[42man]

Send them this letter...or get your local police station to ring them and get the copper to find out when they will be arriving next as he would like to be there...

 

Dear xxxx

 

Account Ref xxxx

 

Please be advised that I will only communicate with you in writing. I have noted your repeated attempts to contact me by telephone over the past few weeks/months and these have been duly logged by time and date.

 

Furthermore, should it be your intention to arrange a “doorstep call”, please be advised that under OFT rules, you can only visit me at my home if you make an appointment and I have no wish to make an appointment with you.

 

There is only an implied license under English Common Law for people to be able to visit me on my property without express permission; the postman and people asking for directions etc (Armstrong v. Sheppard and Short Ltd [1959] 2 Q.B. per Lord Evershed M.R.). Therefore take note that I revoke license under Common Law for you, or your representatives to visit me at my property and if you do so, then you will be liable to damages for a tort of trespass and action will be taken, including but not limited to, police attendance.

 

Yours faithfully/sincerely

[42man]

Oh just realised you are in Scotland !!! sorry...

[spamheed]

Firstly, you still have your personal information on these documents, you need to remove them.

 

Have the council taken these debts to court for enforcement at any time?

[profeta77]

Hi Profeta, you need to take your personal details off the files you've posted.

 

Done sorry I'm a newbie!!!

[profeta77]

Firstly, you still have your personal information on these documents, you need to remove them.

 

Have the council taken these debts to court for enforcement at any time?

 

I have removed personal information thank you spamheed.

 

No the council has not taken these debts to courts and cant because they decriminalized PCNs (Penalty Charge Notices). By doing so, if they refuse your appeal, you cannot go to court anymore. They just pas them to a DCA so that it becomes just a debt....

So the council is not involved anymore...

[rory32]

Scott and Co are not a DCA they are Sheriff Officers and Messengers-At-Arms.

[profeta77]

Oh just realised you are in Scotland !!! sorry...

 

So I cannot send this letter being in Scotland?

[profeta77]

Scott and Co are not a DCA they are Sheriff Officers and Messengers-At-Arms.

 

Are they not?

 

Do you please know what does this involve? Or what could I get information about Sheriff Officers and Messengers-At-Arms and how to deal with them?

 

Thank you so much Rory!

[rory32]

So I cannot send this letter being in Scotland?

No, we have different laws on trespass in Scotland.

Are they not?

 

Do you please know what does this involve? Or what could I get information about Sheriff Officers and Messengers-At-Arms and how to deal with them?

The main difference between them and a DCA is that they tend to know what they are doing and normally do a lot of work for the courts, whether this is serving documents or recovering goods, etc. To be a sheriff officer you need at least 3 years training with an officer of court. You must also pass the Society of Messengers-at-Arms and Sheriff Officers exam. To be a DCA employee you need absolutely no experience or qualifications whatsoever.

[profeta77]

The main difference between them and a DCA is that they tend to know what they are doing and normally do a lot of work for the courts, whether this is serving documents or recovering goods, etc. To be a sheriff officer you need at least 3 years training with an officer of court. You must also pass the Society of Messengers-at-Arms and Sheriff Officers exam. To be a DCA employee you need absolutely no experience or qualifications whatsoever.

 

Looks like I have little chances....

[rory32]

I would write (recorded delivery this time) with your repayment proposals for the ones that you have not appealed on. Remember although you are dealing with sheriff officers they don't any legal powers without a court order.