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    • Thank-you dx, What you have written is certainly helpful to my understanding. The only thing I would say, what I found to be most worrying and led me to start this discussion is, I believe the judge did not merely admonish the defendant in the case in question, but used that point to dismiss the case in the claimants favour. To me, and I don't have your experience or knowledge, that is somewhat troubling. Again, the caveat being that we don't know exactly what went on but I think we can infer the reason for the judgement. Thank-you for your feedback. EDIT: I guess that the case I refer to is only one case and it may never happen again and the strategy not to appeal is still the best strategy even in this event, but I really did find the outcome of that case, not only extremely annoying but also worrying. Let's hope other judges are not quite so narrow minded and don't get fixated on one particular issue as FTMDave alluded to.
    • Indians, traditionally known as avid savers, are now stashing away less money and borrowing more.View the full article
    • the claimant in their WS can refer to whatever previous CC judgements they like, as we do in our WS's, but CC judgements do not set a legal precedence. however, they do often refer to judgements like Bevis, those cases do created a precedence as they were court of appeal rulings. as for if the defendant, prior to the raising of a claim, dobbed themselves in as the driver in writing during any appeal to the PPC, i don't think we've seen one case whereby the claimant referred to such in their WS.. ?? but they certainly typically include said appeal letters in their exhibits. i certainly dont think it's a good idea to 'remind' them of such at the defence stage, even if the defendant did admit such in a written appeal. i would further go as far to say, that could be even more damaging to the whole case than a judge admonishing a defendant for not appealing to the PPC in the 1st place. it sort of blows the defendant out the water before the judge reads anything else. dx  
    • Hi LFI, Your knowledge in this area is greater than I could possibly hope to have and as such I appreciate your feedback. I'm not sure that I agree the reason why a barrister would say that, only to get new customers, I'm sure he must have had professional experience in this area that qualifies him to make that point. 🙂 In your point 1 you mention: 1] there is a real danger that some part of the appeal will point out that the person appealing [the keeper ] is also the driver. I understand the point you are making but I was referring to when the keeper is also the driver and admits it later and only in this circumstance, but I understand what you are saying. I take on board the issues you raise in point 2. Is it possible that a PPC (claimant) could refer back to the case above as proof that the motorist should have appealed, like they refer back to other cases? Thanks once again for the feedback.
    • Well barristers would say that in the hope that motorists would go to them for advice -obviously paid advice.  The problem with appealing is at least twofold. 1] there is a real danger that some part of the appeal will point out that the person appealing [the keeper ] is also the driver.  And in a lot of cases the last thing the keeper wants when they are also the driver is that the parking company knows that. It makes it so much easier for them as the majority  of Judges do not accept that the keeper and the driver are the same person for obvious reasons. Often they are not the same person especially when it is a family car where the husband, wife and children are all insured to drive the same car. On top of that  just about every person who has a valid insurance policy is able to drive another person's vehicle. So there are many possibilities and it should be up to the parking company to prove it to some extent.  Most parking company's do not accept appeals under virtually any circumstances. But insist that you carry on and appeal to their so called impartial jury who are often anything but impartial. By turning down that second appeal, many motorists pay up because they don't know enough about PoFA to argue with those decisions which brings us to the second problem. 2] the major parking companies are mostly unscrupulous, lying cheating scrotes. So when you appeal and your reasons look as if they would have merit in Court, they then go about  concocting a Witness Statement to debunk that challenge. We feel that by leaving what we think are the strongest arguments to our Member's Witness Statements, it leaves insufficient time to be thwarted with their lies etc. And when the motorists defence is good enough to win, it should win regardless of when it is first produced.   
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    • We have finally managed to obtain the transcript of this case.

      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.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

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Marstons Bailifs Called to my House when I Was out and left a letter


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This is the first time they have called. Its to collect an unpaid parking fine from my local council. Its now a total of £363. Apparently I have to pay all or they collect my goods. What rights do I have. Are the charges fair. Can I arrange a patment plan. Can I request a breakdown of the charges and challenge them. If you could help I would appreciate it.

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have a google at this it may help you

The Enforcement of Road Traffic Debts (Certificated Bailiffs) Regulations 1993

i would also agree that the fees are wrong

remember to complain to the council about this as the council are responsible for all bailiffs actions including there fees

put your complaint in writing to the council and the bailiffs company

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I spoke to the bailiff on his mobile today. I explained that I agreed that there was a ticket to pay for but I was not going to pay anything until I had recieved in writing a breakdown of the costs as it was now at 363 pounds. He said I can tell you them now its 11.75 for a letter 68 pounds for something else and 175 for a visit he has not yet made but it was automatically added to the account anyway. I again said that I would need to see these in writing, He said this would not stop the process and that he still had the right to enter my house to collect goods or seize the car. That he could do this at anytime. I asked him how and he said he held a warrant that was raised by the council. I then stopped speaking to him but did not get angry with him. I rang the man in charge of these things at the council. Left a voicemail and will try him again tomorrow.

 

Where do I go from here?

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As Hallowitch says, write to the bailiffs asking for a written breakdown of their fees and complain in writing to the council as the fees are wrong. Do not let them into your property, and move your car away too. If your car is on HP they can't levy on it.

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Found out last night that the bailiff is not on the certificated register after visiting the courts website. Something that was posted on here got me to that so well done. Any advice on what to do about this bit.

 

Kind Regards

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Yes he left an a4 sheet with the comany name on in red. it has his name and mobile number and the company number and a box ticked saying he would call back another night. Should I pay the council for the ticket at the higher rate. what do I do here can anyone help me. I dont dispute the ticket just all the charges.

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get in touch with the

Ministry of Justice Public Register of Bailiffs on 020 3334 6355

just to confirm that the bailiff that came to your house is not a bailiff

then phone the council and tell them that you will not be paying bailiffs fees because according to the Ministry of Justice Mr xxx is not a bailiff and only a bailiff can levy you are willing to pay the fine but not charges and leave the ball in there court

 

if he is a bailiff but is certificated to work for a different company he still cant collect for his new firm until he is registered as working for his new firm

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