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    • I have received a PCN from Euro Car Parks for MFG - Esso Cobham - Gravesend. I was completely unaware that there was any such limit for parking and always considered this to be a service station. I stopped there to use the toilet, have a coffee and made a couple of work calls. I have read the previous topics on this location which suggest I can ignore this and ECP will not take legal action. The one possible complication is that the vehicle is leased by my employer so I do not want to involve them with the associated reminders and threatening letters. The PCN was first issued to the leasing company Arval who have notified ECP of the hiring company. I have attached a copy of the PCN Notice to Hirer with details removed as per instructions. What options do I have or should I just pay the PCN promptly at the reduced rate of £60? img20240424_23142631.pdf
    • What you have uploaded is a letter with daft empty threats from third-party paper tigers.  Just ignore it. What we need to see is the original invoice you received last October or November.
    • Thanks for posting the CPR contents. i do wish you hadn't blanked out the dates and times since at times they can be relevant . Can you please repost including times and dates. They say that they sent a copy of  the original  PCN that they sent to the Hirer  along with your hire agreement documents. Did you receive them and if so can you please upload the original PCN without erasing dates and times. If they did include  all the paperwork they said, then that PCN is pretty near compliant except for their error with the discount time. In the Act it isn't actually specified but to offer a discount for 14 days from the OFFENCE is a joke. the offence occurred probably a couple of months prior to you receiving your Notice to Hirer.  Also the words in parentheses n the Act have been missed off. Section 14 [5][c] (c)warn the hirer that if, after the period of 21 days beginning with the day after that on which the notice to hirer is given, the amount of unpaid parking charges referred to in the notice to keeper under paragraph 8(2)(f) or 9(2)(f) (as the case may be) has not been paid in full, the creditor will (if any applicable requirements are met) have the right to recover from the hirer so much of that amount as remains unpaid; Though it states "if any applicable ...." as opposed to "if all applicable......" in Section 8 or 9. Maybe the Site could explain what the difference between the two terms mean if there is a difference. Also on your claim form they keeper referring to you as the driver or the keeper.  You are the Hirer and only the Hirer is responsible for the charge EVEN IF THEY WEREN'T THE DRIVER. So they cannot pursue the driver and nowhere in the Hirer section of the Act is the hirer ever named as the keeper so NPC are pursuing the wrong person.  
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OK

 

I have moved into a house share (out of my parents at last :) ).

 

I have a proper signed by both parties contract.

 

I have found out the last tenant was booted out due to not paying his rent, and the grapevine says he owes about £16k to other parties.

 

I am concerned about Bailiffs turning up.

 

The landlord who is a Live in Landlord as well is a bit concerned too, he is returning all post he gets for the guy by scrawling on “return to sender, no longer at this address”

 

Most of these letters on the outside look like the unpleasant kind.

 

My room has has a new proper external house door grade lock.

 

How safe is my stuff in there if they gain access somehow when I’m not there?

 

Recipts, not really got any, most of the stuff is over a year old bar my laptop.

 

I’m mainly concerned about my car if they see me enter the house, that they may clamp or tow it, they don't seem to bother with DVLA checks when they see a car they think they can seize on the spot.

 

Reading on here seems most Bailiffs have a very relaxed attitude to the law, and the police are very ill informed on what a bailiff can and cant do.

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1. Dont panic.

2. If a bailiff clamps your car then they are in big doodoo. If they do this then call the police and show them your documantation to prove the car is yours and that you are not the person on the warrant.

3. Dont ever let them in. Even though its not your debt.

Bailiffs very rarely send letters via post that they are coming and more than likely will hand deliver a letter, if that is the case call the bailiff thats on the letter stating that the person no longer lives there.

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Reading here it seems to me Bailiffs are happy to break all the rules and laws.

 

They need properly regulated, with harsh punishments (jail) if the violate the rules.

 

 

totally agree with that not just the bailiffs the company directors too

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they are meant to be regulated and they must stick to the law, but they think that people do not know the law and will use every trick in the book to bully, intimadate, lie etc just to get more money off people. People who do know the law fight back take said bailiff to court and the bailiff gets his just desserts. Its a long process but well worth it in the end believe me I know ;)

There are many success stories in here where the said bailiff loses his certificate and pays compensation out of his bond money from between 500 to 3000 pounds, albeit not out of his pocket, dosnt look good on his employment record though

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Ok.

 

there needs to a body where Bailiffs get sent to ramdom test debtors to see if they are following the rules.

 

And if they don't, then suffer the results.

 

(basicly, a member of the issuing court to be there, who is 100% clued up on what the bailiff can and cant do, and advise if the bailiff makes an illegal claim, or commits an illegal act, a copper to arrest said bailiff if he did)

Edited by cirian75
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Ok.

 

there needs to a body where Bailiffs get sent to ramdom test debtors to see if they are following the rules.

 

And if they don't, then suffer the results.

 

(basicly, a member of the issuing court to be there, who is 100% clued up on what the bailiff can and cant do, and advise if the bailiff makes an illegal claim, or commits an illegal act, a copper to arrest said bailiff if he did)

 

 

That's a very good idea. Matt Alright and Rogue Traders springs to mind, how good would that be?!!

 

In the meantime, wherever possible, record the bailiffs actions, video would be ideal.

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Reading here it seems to me Bailiffs are happy to break all the rules and laws.

 

They need properly regulated, with harsh punishments (jail) if the violate the rules.

 

Imo The problem has occured due to the expansion of their business in the last 15 years , council tax , decrimminalised parking , congestion charge fines , these things simply did not exist before and have created a massive industry , add to that the explosion in credit , and there is too much work to go around and hence be regulated and the "bailiffs' know it . These are not the bailiffs of the old days , its a cowboy industry a wild west frontier . No one in the govt cares because the income streams from the above were created by them to fund local govt. on the sly, and without rigid enforcement no one would pay a parking ticket . Therefore the sub bailiffs can whack on charges with impunity , and the police are plain confused or not bothered , and the councils are complicit , But hey cheer up , remember they work for us .

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IMO The problem has occured due to the expansion of their business in the last 15 years , council tax , decrimminalised parking , congestion charge fines , these things simply did not exist before and have created a massive industry , add to that the explosion in credit , and there is too much work to go around and hence be regulated and the "bailiffs' know it . These are not the bailiffs of the old days , its a cowboy industry a wild west frontier . No one in the govt cares because the income streams from the above were created by them to fund local govt. on the sly, and without rigid enforcement no one would pay a parking ticket . Therefore the sub bailiffs can whack on charges with impunity , and the police are plain confused or not bothered , and the councils are complicit , But hey cheer up , remember they work for us .

 

you just hut the nail on the head with every word of it true

and when you have local government sending out letters saying that the fees are OK because BIRMINGHAM council and EQUITA set the fees legislation say all they have to be is reasonable

 

you get to the stage that you think nothing the bailiffs do and charge surprise you there was the bailiff that levied on a door mat :eek:and then the no NO SALE FEE :eek::eek: now I'm not surprised at this i am :shock::shock::shock::?:-x:-x:-x

 

this is reply babyneedsanewcoat received from Birmingham council

 

I have finally got a response from Birmingham City Council after 6 weeks, 4 emails and a threat of legal action. The letter is the usual stuff this is why you owe us x amount etc but 1 thing struck me - word for word I will type what they wrote regarding Equita Bailiffs.

 

With regard to the £255.00 payment notice presented by Equita Bailiffs, I have spoken to an officer there, who has confirmed that £42.50 has been charged for the following:

 

£24.50 for the first visit by the bailiff

£18.00 for the second visit.

 

The remainder would be for potential costs incurred by the bailiff during the recovery action. These fees are not illegal. Legislation only states that Enforcement Fees have to be reasonable and agreed between the Local Authority and the bailiffs.

 

Considering up to the date I sent these emails I had received 1 letter (which started this ball rolling) and today where I have had 1 visit are all these fees really correct?

 

If someone in the know could check for me please so I can proceed further I would be very grateful.

Edited by hallowitch
forgot to put it was sent to babyneedsanewcoat and im in shock
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from what you have said only one fee will stand that of £24.50 first visit and the rest is they can't charge you potential costs.

is the £255 a bill that they request you pay, if so a form 4 along with the letter from the council saying they want you to pay potential costs, as this is theft and the council has just shot the bailiff (what a good game that would make) in the foot, thank you council

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you just hut the nail on the head with every word of it true

and when you have local government sending out letters saying that the fees are OK because xxxix council and EQUITA set the fees legislation say all they have to be is reasonable

 

you get to the stage that you think nothing the bailiffs do and charge surprise you there was the bailiff that levied on a door mat :eek:and then the no NO SALE FEE :eek::eek: now I'm not surprised at this i am :shock::shock::shock::?:-x:-x:-x

 

I have finally got a response from Bimingham City Council after 6 weeks, 4 emails and a threat of legal action. The letter is the usual stuff this is why you owe us x amount etc but 1 thing struck me - word for word I will type what they wrote regarding Equita Bailiffs.

 

With regard to the £255.00 payment notice presented by Equita Bailiffs, I have spoken to an officer there, who has confirmed that £42.50 has been charged for the following:

 

£24.50 for the first visit by the bailiff

£18.00 for the second visit.

 

The remainder would be for potential costs incurred by the bailiff during the recovery action. These fees are not illegal. Legislation only states that Enforcement Fees have to be reasonable and agreed between the Local Authority and the bailiffs.

 

Considering up to the date I sent these emails I had received 1 letter (which started this ball rolling) and today where I have had 1 visit are all these fees reallly correct?

 

If someone in the know could check for me please so I can proceed further I would be very grateful.

 

 

As usual a local government fool being fooled by a bailiff fool, then attempting to fool a victim into being a fool!

 

The important word is "reasonable". No court would rule that it is reasonable to charge for work not undertaken on the basis that it might, at some future point, be undertaken. If that were the case you may as well pay all bills to a random bailiff/DCA - just in case you could possibly default...

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As usual a local government fool being fooled by a bailiff fool, then attempting to fool a victim into being a fool!

 

The important word is "reasonable". No court would rule that it is reasonable to charge for work not undertaken on the basis that it might, at some future point, be undertaken. If that were the case you may as well pay all bills to a random bailiff/DCA - just in case you could possibly default...

 

 

 

No-one is being fooled except the victim. Everything that's perpetrated by the bailiff's is done with the tacit blessing of our politicians, be they local or members of parliament/house of lords. Never ever forget that there is a motion on hold to extend the bailiff's power to break in and physically restrain their victims. Our politicians may be stupid, but, they are also political animals and know exactly what they are doing. Do not be surprised if, eventually, the police will be required to ASSIST the bailiff and that any victim refusing to obey the bailiff will be prosecuted under the terrorism act. George Orwell knew what he was talking about and we are slowly and incideously moving towards the totalitarian democracy, i.e. there is no real choice as they are all and equally in the pocket of the real power, money.

Gustavius

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This is true but, we are letting this go on being Brittish we dont complain that is a fact. and the longer we sit back and do nothing the worse it will get as i keep saying the only peaple that can change this is the lords and MPs along with the MOJ it can be said that if these peaple know this is going on and they do it is worse than the MPs expenses claims could ever be with a hell of a lot more money being taken fraudulantley

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This is true but, we are letting this go on being Brittish we dont complain that is a fact. and the longer we sit back and do nothing the worse it will get as i keep saying the only peaple that can change this is the lords and MPs along with the MOJ it can be said that if these peaple know this is going on and they do it is worse than the MPs expenses claims could ever be with a hell of a lot more money being taken fraudulantley

 

 

We are letting our politicians do this to us because we do not have any real choice. lf you fail in your payment obligations, you end up with a dot in your credit file. Then, you don't get a mortgage, credit card or debit card. Then you cannot buy a house; rent a car; book a hotel room and in some cases lose your job (in a bank etc.). Guys, they got us by the short and curlies and there's really not much anyone can do for the moment. ln order to achieve a real change, you need to completely change the attitude towards ownership, bling and what we perceive as acceptable. Not an easy task for anyone, but, if this downturn persists and will continue to roll on by it's own perpeptuation, then, maybe will see some changes in attitude and a silent revolution of our society.

GR

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We are letting our politicians do this to us because we do not have any real choice. lf you fail in your payment obligations, you end up with a dot in your credit file. Then, you don't get a mortgage, credit card or debit card. Then you cannot buy a house; rent a car; book a hotel room and in some cases lose your job (in a bank etc.). Guys, they got us by the short and curlies and there's really not much anyone can do for the moment. ln order to achieve a real change, you need to completely change the attitude towards ownership, bling and what we perceive as acceptable. Not an easy task for anyone, but, if this downturn persists and will continue to roll on by it's own perpeptuation, then, maybe will see some changes in attitude and a silent revolution of our society.

GR

 

we all have debt at some time in our life, but it is when we are over charged and peaple are left with nothing. i'm sorry but even if i have to do it alone i will go as far as i can. and that is just it peaple sit and say there is nothing we can do, and no there is not when you sit back and wait for it whatever it is to happen.

 

I hate this trade and the peaple that work in it.

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well said lets fight bailiffs. we need to give them as much crap as they give us.

the government will take a while to do anything cos at the end of the day they require, and love! ultimate control of the population.

 

In the last 5-10 yrs the liebore government have made sure they pretty much have ultimate control.

hceo's, bailiffs, parking wardens, community wardens, door supervisors, police community support, the police themselves, VOSA, private companies with cctv enforcement vans, the list is bloody endless. ALL these parties are there to control, and take money from the drones.

 

Don't be a drone - ensure you are part of The Resistance.

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l'm not saying that we cannot or should not do anything. What l'm saying is that we will not achieve anything unless we are many rather than a few individuals. Personally l'm fighting for my bloody life and have soon given up everything l have in order to ensure that those who do not deserve it will get nil, zilch and nothing out of me. But, this will, as l said, change nothing, but, give me the satisfaction of denying these crooks undeserved money. ln the end, though, the best thing to do is to generate a common action where thousands of us do the same and then things may change. Look at Australia and their tv licence. The people en mass decided that they would not pay and in the end the authorities had to give in as they could not prosecute a million or more people. There is no tv licence in Australia today and it is only thanks to a common effort by the entire population. Know your enemy and do not attack when you know you will loose, but, when you have superior forces, a clear goal and the right plan for combat.

GR

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I do hope you dont mean you are really fighting for your life GR.

but i agree mass is the only way anything will get done but there is too many peaple that wont do anything about it Danboy 381 came up with the website to mame and shame this is good and will stop some of them but in the long term its a numbers game the bigger the number the bigger the ass kicking we give them and it is only my opinion but in this day and age there is no need for bailiffs or HCEO with a click of a button they can take money from your wages JSA whatever you get by a fair means test not some anker turn up at your door taking every thing you have worked for sorry i missed a W out there, please feel free to edit and put it where it should go THANKS

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I do hope you dont mean you are really fighting for your life GR.

but i agree mass is the only way anything will get done but there is too many peaple that wont do anything about it Danboy 381 came up with the website to mame and shame this is good and will stop some of them but in the long term its a numbers game the bigger the number the bigger the ass kicking we give them and it is only my opinion but in this day and age there is no need for bailiffs or HCEO with a click of a button they can take money from your wages JSA whatever you get by a fair means test not some anker turn up at your door taking every thing you have worked for sorry i missed a W out there, please feel free to edit and put it where it should go THANKS

 

LFB, l am litterarily fighting for my bloody life. lt's a long story and not really relevant here, but, believe me when l say that l have lost everything and do fight them all at one and the same time. l've knocked some banks and DCA's out and is now in battle with CC companies, British Gas, Councils and only God knows what else. l've stopped paying for anything and eventually some happy council worker will put me in the slammer too. Never mind, life is one big party, so let's enjoy it while we can.

GR

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Yes, we are all slaves to the establishment, despite what "democracy" is supposed to mean.

 

GR - as the momentum gains life gets harder for these thieving animals sat with impunity, eventually any political party wanting votes has to acknowledge we are not just cash cows. It's why we must fight - spread the word - but also protect ourselves from their punishment.

 

And don't get me started on Council "worker" - put the word "officer" in a job-title and they will become a mini-hitler...

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Guys,

Don't feel sorry for me, l enjoy the fight. Once you've decided to leave the old ''material'' life behind, you lose fear and respect for the so called establishment. What l've done, is to penetrate their defences, i.e. self-imposed rights and authority, and once under their skin, you will find that there is no difference between the majority of our money lenders and loan sharks. Money is king and in this country you can do almost anything to profit and become rich, as long as you do not get caught. Most crooks are awarded honours such as knighthoods or peeriges, but, under the glitzy fasad they are nothing, but, villains. The problem is and will remain the support they have from our politicians and believe you me, the tories will be even worse. 18 priveledged and eton educated never do well toffs plus Boris in charge? Only God can help us. The other problem is that far too many people are not computer litterate and do not know where and how to deal with their problems, why, our swat clad bailiffs can continue to act with impunity. Consumer Forum is the best l've ever come across, but, we need to spread the word beyond the internet and really go out there and help out on the streets. Eventually, we shall make our mark and achieve change, but, l would like it to be sooner rather than later.

Gustavius

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The Government IS looking at regulating bailiffs but apparently this is a very long and difficult process because in doing so the MOJ will need to look at laws that have gone back many hundreds of years.

 

The Government want the Security Industry Authority (SiA) to be the new regulator but there is more work to do on this. For those who are unaware...the SiA are the organistion that provided the licences for club bouncers, security officers and private clamping operators.

 

However MOJ have said that they want to ensure that BEFORE the SiA are appointed that a SEPARATE body is set up to deal with Complaints. The SiA will NOT be taking on this role.

 

HOWEVER.....the difficulty in all of this is is WHO IS GOING TO PAY FOR THIS!!!

 

Believe me.....this is a sticking point. Many believe that the costs should be borne by the local authorities who after all.......are sending their parking tickets and council tax demands to the bailiff's and getting a FREE DEBT COLLECTION SERVICE !!

 

Please be ASSURED....the Government is looking into this but we have been told that regulations will not come into force until 2012 because of the amount of work still required.

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