Jump to content


style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 5461 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

On Novemver 2008 I found my car clamped by Phillips collections on behalf of City of Westminster. The vehicle is protected by consuner act on HP scheme. Paid 8500 so far and outstandin 24000.

 

Complaint to company no response to complaint. Instead been harrassed. have no clue about these PCNs till only knew bout it wen found car clamped. Been harrassed that I will be visited at work!

 

I have now issued a County Claim vs them. Hearin next May 09. In the process of writin a witness statement next week.

 

I would apptreciate help .

Link to post
Share on other sites

I filed a claim in the county court vs Philips collections as they clamped and removed by vehicle unlawfully on Nov . They claim they actin on behalf of City of westminster for unpaid PCNs. I have not recieved any notices.

 

Hearin on May 2009.

 

Please help

Link to post
Share on other sites

I filed a claim in the county court vs Philips collections as they clamped and removed by vehicle unlawfully on Nov . They claim they actin on behalf of City of westminster for unpaid PCNs. I have not recieved any notices.

 

Hearin on May 2009.

 

Please help

 

Have you asked them to justify their fees , as it maybe they were acting on behalf of Westminster , however they can only charge you so much a visit or letter , and they should be able to provide proof of visits , correspondence , how much did they charge you ?

Link to post
Share on other sites

Can you list the charges that you had to pay. I can then compare them with the copy of the fee scale that we have. The fees are CAPPED so this should be easy.

 

You need to also find out the name of the bailiff. This is vitally important.

Link to post
Share on other sites

There is a hearin comin up..I have to file a witmess statement in which I would ask for such info..or shall I ask for these now.

City of Westminster said I should deal with them!

Link to post
Share on other sites

Threads merged. Please keep to one thread on the same subject.

WARNING TO ALL

Please be aware of acting on advice given by PM .Anyone can make mistakes and if advice is given on the main forum people can see it to correct it ,if given privately then no one can see it to correct it. Please also be aware of giving your personal details to strangers

Link to post
Share on other sites

You need to file a out of time stat dec or witness statement. If these are refused then you lodge a n244 and ask fo the decision to be set aside. Once this is done the warrant is nolonger live and is revoked. You are going to a hearing in the hope that you win while what you are fighting is still alive. Did you actually ask anybody or try to do this off your own back after reading from these forums ?

So whats cooking today ?

Link to post
Share on other sites

I have started the action alone last December when I been harrassed and vehicle calmped ..I am completin a witness statement and the court knows that I have no clue about PCN until removal .This was in my claim..It is allocated to a small track but will complete OOT declartion...Where should I sent OOT to...Hearin in London !!

 

Also contacted Phillips and was told that City Pf Westminster hold the Baillif certificate.

I am LIP in this

Advise and help please

Link to post
Share on other sites

You need to file one of these :

 

If your tcicket was bfore 31/03/08

http://www.hmcourts-service.gov.uk/cms/files/OOTApplicationPack.pdf

 

This one if it is after 30/03/08

 

http://www.hullcc.gov.uk/pls/portal/docs/PAGE/HOME/TRANSPORT%20AND%20STREETS/MOTOR%20VEHICLES,%20ROADS%20AND%20PARKING/PARKING/PARKING%20ENFORCEMENT/CPE%20PARKING%20LEGISLATION/CPE%20PENALTY%20CHARGE%20NOTICE/CPEOUTOFTIMEAPPLICATION.PDF On this one ignore the bit about the £35 fee.

 

 

File one of these and try to get the hearing adjourned.

So whats cooking today ?

Link to post
Share on other sites

Thank you for that..Will file above and ask for hearin to be adjounrned..The problem I have is that in their defence they are putin only one PCN number while claimin there is few..Should I just put the PCN in their defence.

 

Also they have put me in trouble with finanace company as now they have released car to finanace company who want to sell it ASAP..

Link to post
Share on other sites

Further, I noticed that the unlawful removal was due to one PCN which has now been removed from Phillips and referred to City Of Westminster. This is the PCN which is in the court I issued the claim for. The hearin is next month. Shall I continue with it While filin OOT statutory declaration to the other PCNs they are sayin they hold.

 

I have asked them for the warrant of execution and details of the PCNs they are claimin and also for details of the court that hold licence of the baillif who removed vehicle unlawfully on Nov 2008.

 

Please advise.

 

Now Philiips

Link to post
Share on other sites

Also they have put me in trouble with finanace company as now they have released car to finanace company who want to sell it ASAP..

 

This suggests you were already in trouble with the finance company if they want the vehicle sold asap. Finance companies rarely agree to this unless their customer has seriously defaulted on the HP agreement. Maybe the finance company authorised the removal of "their" vehicle.....

Link to post
Share on other sites

All cases are in hold now pendin the hearin next months.Will file statutory declaration tomorrow..

Shall I ask for hearin adjounment or file the witness statement ? Please advise ASAP.

Link to post
Share on other sites

well in a similar case a few years back a well known bailiff company lifted a car which had a couple of grand outstanding on HP as the car was worth considerably more

 

despite protests from the hp company who were offered the opportunity to settle the warrant and have the car returned to them and refused

 

the car was sold the balance owed to the HPO company paid and the rest went towards the warrant.

 

hp company bitched about it but when offered to take their grievance to court to test the matter they backed down!!!

 

even cars on Hp are not necessarily safe if the car is worth a lot more than the remaining finance on them

Link to post
Share on other sites

A lot of companies are now bucking the trend this way. If the hp company were to chase the bailiffs then it would include litigation costs etc. However if the person whos warrant the vehicle was lifted on in the first place sued the bailiff company it would be a whole new ball game.

So whats cooking today ?

Link to post
Share on other sites

well it would be interesting to see a test case thats for sure

 

im not sure what the outcome would be because as far as i can see if the hp company it not out of pocket at the end of the day then as the hirer as no legal interest in the ownership of the vehicle but IS responsible under the law for fines against the vehicle as the registered keeper- then i don't see what arguments would be put forward not to distrain his goods

 

i think the courts would start out with the presumption that the person could and should have mitigated his losses from the outset by settlingh the fine

 

make a very interesting case i would have thought

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...