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    • I hope Lord Frost is OK. Islamists and the woke Left are uniting to topple the West ARCHIVE.PH archived 18 Apr 2024 19:12:37 UTC  
    • Ok you are in the clear. The PCN does not comply with the Protection of Freedoms Act 2012 Schedule 4 for two reasons. The first is that in Section 9 [2][e]  says the PCN must "state that the creditor does not know both the name of the driver and a current address for service for the driver and invite the keeper— (i)to pay the unpaid parking charges ". It does not say that even though it continues correctly with blurb about the driver. The other fault is that there is no parking period mentioned. Their ANPR cameras do show your arrival and departure times but as that at the very least includes driving from the entrance to the parking space then later leaving the parking space and driving to the exit. It also doesn't allow for finding a parking spot: manoeuvering into it avoiding parking on the lines: possibly having to stop to allow pedestrians/other cars to pass in front of you; returning the trolley after finishing shopping; loading children disabled people in and out of the car, etc etc.  All of that could easily add five, ten or even 15 minutes to your time which the ANPR cameras cannot take into account. So even if it was only two hours free time you could  still have been within the  time since there is a MINIMUM of 15 minutes Grace period when you leave the car park. However as they cannot even manage to get their PCN to comply with the Act you as keeper cannot be pursued. Only the driver is now liable and they do not know who was driving as you have not appealed and perhaps unwittingly given away who was driving. So you do not owe them a penny. No need to appeal. Let them waste their money pursuing you . 
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    • What's the reason for not wanting a smart meter? Personally I'm saving a pile on a tariff only available with one. Today electricity is 17.17p/kWh. If the meter is truly past its certification date the supplier is obliged to replace it. If you refuse to allow this then eventually they'll get warrant and do so by force. Certified life varies between models and generations, some only 10 or 15 years, some older types as long as 40 years or maybe even more. Your meter should have its certified start date marked somewhere so if you doubt the supplier you can look up the certified life and cross check.
    • No I'm not. Even if I was then comments on this forum wouldn't constitute legal advice in the formal sense. Now you've engaged a lawyer directly can I just make couple of final suggestions? Firstly make sure he is fully aware of the facts. And don't mix and match by taking his advice on one aspect while ploughing your own furrow on others.  Let us know how you get on now you have a solicitor acting for you.
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On line search to check if a Bailiff is Certificated.....


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On 17th March 2009 the Ministry of Justice announced plans for a new code regulating the activities of bailiffs and one of the changes was to introduce a much needed certificated bailiff register allowing debtors to check on-line whether a bailiff is certificated.

 

This is now available from the following link: www.hmcourts-service.gov.uk/CertificatedBailiffs/

 

 

As you will see, you may search by either providing the bailiffs first name, surname or employers name. However....could you please note that if you are searching under the name of the company ...for some companies you will need to provide the full name of the company as following:

 

Bristow & Sutor....same

 

CCS....CCS Enforcement Services Ltd

 

Dukes....Dukes Certificated Bailiffs

 

Equita....Equita

 

JBW....JBW Enforcement Ltd

 

Marston....Marston Group

 

Newlyn....Newlyn Collection Services

 

Philips....Philips

 

Phoenix....Phoenix

 

Rossendales....Rossendales Ltd

 

Swift....Swift Credit Services

 

Task....Task Enforcement

 

 

Could you please note that a bailiff’s certificate is valid for just 2 years.

 

If your search reveals that the bailiff is working for a different company it is important to be aware that statutory regulations laid down by Parliament state that if there are "any changes" to the certificate then the bailiff must “without delay” give notice to the Court and a new certificate will be issued to him reflecting the changes. This is vitally important because in almost all cases, the bailiff’s bond will be cancelled when he leaves his previous employer!!

 

As I have said many times here on the forums, it is always the case that if you have a complaint about a certificated bailiff then this should first be sent to the bailiff company to address and a Form 4 Complaint to the County Court should wait until the company have had an opportunity to sort out the complaint.

 

As a Form 4 Complaint can have serious repercusssions for the individual bailiff, the County Courts also expect that the debtor should at least allow the company to have the opportunity to sort out the complaint. By doing this you will avoid being criticised by the Court.

 

There is a seperate thread in the STICKY section here entitled: "How to Complain to the Court about a Certificiated Bailiff" which should be read first if you are considering a Complaint.

 

PS: As the bailiff is working as an "agent" for the local authority, a copy of your complaint should be sent to the council as well and you need to ensure that you request that it is recorded as a formal complaint.

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its going on my sig!

 

good find

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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OK Yes this will be stickied.

TT will temp unlock the other thread for you to revise.

 

Martin

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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I have checked the name of a bailiff that has been on 3 occasions to me from Marstonsand his name is not on the list or on the Marstons list. Can I get the money back? Or what other action can I take.

 

Thanks,

Steve

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I have checked the name of a bailiff that has been on 3 occasions to me from Marstonsand his name is not on the list or on the Marstons list. Can I get the money back? Or what other action can I take.

 

Thanks,

Steve

 

It depends on what debt he was enforcing. If it was an outstanding MAGISTRATES COURT FINE (ie driving without insurance, no tax, or TV licence etc) then HMCS allow the bailiff to work UNCERTIFICATED for 6 months !!

 

Madness I kinow...but I don't make the rules !!!

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I know of at least one bailiff I dealt with in work who isn't certificated but I'm certain I can find a few more from friends. I searched on the site and it seems he still isn't certificated. He is one of the nastiest people I have ever met too, probably had more complaints than anyone. Do you think I should go ahead and report him now or get a bit of a list? What's the best way in your opinion to go about it?

thanks

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Hi each and all..

 

It depends on what debt he was enforcing. If it was an outstanding MAGISTRATES COURT FINE (ie driving without insurance, no tax, or TV licence etc) then HMCS allow the bailiff to work UNCERTIFICATED for 6 months !!

 

Is it possiblle to get/gain public access to the employment records of companies who operate this 6 month "probation" period.. can't envisage these companies being very forthcoming about those particular details.

 

When I checked the Register[thanx tomtubby].. the bailiff who instituted my current woes doesn't appear to work for anyone, he doesn't exist!!.. Presuming they did exist.. would it be useful for people to know when these bailiffs started working for their companies relative to this "probation" ???

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A good point and one that is asked often.

 

There are even rumours that bailiffs enforcing these unpaid Magistrate Court Fines start working for the company and after 6 months leave and are then re-employed !!!

 

I would suggest writing to the company to say that you are aware theat the bailiff is working as uncertificated and could they please confirm when the bailiff was employed by them. A copy should also be sent to the court.

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Thanx for the suggestions tomtubby.. noted. You are one of the people I really need to talk with, but I think I have to start a new thread is that right?

I'm just trying to condence the info for that so as not to present you all with a book. Gonna try and post before midday as I don't have a scanner and see that it's quite important for those who may be able to assist, to see documentation. I would truly appreciate some assistance from yourself and others when I do eventually post. I feel almost helpless right now.. like I'm standing in line to be milked

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I feel almost helpless right now.. like I'm standing in line to be milked

 

believe me that feeling will soon leave you your confidence to deal with this will grow with the help of the people on here

yes start your own thread Bailiffs and Sheriff Officers click on that it will take you to a new page bottom of page on left new thread

welcome to C A G

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Thanks for the link to the list of Certified Bailiffs - looks like the Governing Bailiff and the Bailiff assigned to my case from Rossendales are both UNCERTIFIED!! Oh Happy Days!! :) You'd think they'd know better ........

Do you think Governing Bailiffs need to be certified or just certifiable!

 

 

Impecunious

 

Believing in positive mental attitude! :)

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