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    • In both versions the three references to "your clients" near the end need to be changed to "you" or "your" as Alliance are not using solicitors, they have sent the LoC themselves. Personally I'd change "Dear ALLIANCE PARKING Litigation Dept" to "Dear Kev".  It would show you'd done your homework, looked up the company, and seen it's a pathetic one-man band rather than having any departments.  The PPCs love to pretend they have some official power and so you should be scared of them - showing you've sussed their sordid games and you're confident about fighting them undermines all this.  In fact that's the whole point of a snotty letter - to show you'd be big trouble for them if they did do court so better to drop you like a hot potato and go and pursue mugs who just give in instead. In the very, very, very, very unlikely case of Kev doing court, it'd be better that he didn't know in advance all the legal arguments you'd be using, so I'd heavily reduce the number of cards being played.
    • Thanx Londoneill get on to it this evening having a read around these forums I can’t seem to find many success stories using your methods. So how successful are these methods or am I just buying time for him  and a ccj will be inevitable in the end. Thanks another question is, will he have to appear at court..? I am not sure he has got it in him
    • Here's a suggested modified version for consideration by the team. (Not sure whether it still gives too much away?)   RE: PCN 4xxxxx Dear ALLIANCE PARKING Litigation Dept, Thank you for your dubious Letter Of Claim (dated 29th April 2024) of £100 for just 2 minutes of overstay. The family rolled around on the floor in amazement of the idea you actually think they’d accept this nonsense, let alone being confused over the extra unlawful £70 you added. Shall we raise the related VAT issue with HMRC, or perhaps the custodians of the unicorn grain silos? Apart from the serious GDPR breach you’ve made with the DVLA and your complete failure in identifying the driver, we’re dumbfounded that the PCN is still not compliant with the PoFA (2012 Schedule 4 Under Section 9.2.f) even after 12 years of pathetic trial and error. We also doubt a judge would be very impressed at your bone idleness and lack of due diligence regarding parking periods. Especially with no consideration of section 13 in your own trade association's code of practice and the topological nature of the Cornish landscape versus a traditional multi-storey. And don’t even get us started on the invisible signage during the ultra busy bank holiday carnage, that is otherwise known as the random parking chaos in the several unmarked, unmanaged over-spill fields, or indeed the tedious “frustration of contract” attempting to get a data connection to Justpark.  We suggest your clients drop this extreme foolishness or get an absolute hammering in court. We are more than ready to raise the above issues and more, with a fair minded judge, who will most likely laugh your clients out in less time than it takes to capture a couple of useless ANPR photos. If you insist on continuing this stupid, money grabbing quest, after having all of the above pointed out, we will of course show this letter to the Judge and request “an unreasonable costs order” under CPR 27.14.2.g and put it toward future taxis to Harlyn Bay instead.  We all look forward to your clients' deafening silence. Signed, "Spot". (Vehicle Keeper's pet Dalmation).
    • Paying DCA's one penny, never mind £50 per month is a mugs game, they have really been milking him as a cash cow   See where received a claim form is underlined in your post, you need to click, on that and read carefully, then answer the questions, then copy and paste into a post on this thread Forget the CAB ,  their advice is sometimes weird. Is it worth defending? Lowell brought these debts for 10 p in the pound , years ago, because they are flawed. Think about it! if it was such an easy win, Capital one could have taken it to court and crushed him.  It could be an invalid agreement, default notice, or many other things. In a nutshell , yes, and we can help you.
    • Origin moved to EA App... I know this all too well.  Reach out to Customer Services I would to see what they can do. 
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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.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
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      This is good ethical practice.

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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Danboy381, you are completely wrong with regards to the postcodes. Any AHCEO can operate throughout Engalnd & Wales (Scotland has their own Sheriffs). The postcodes they have recorded against there names is for the Registry Trust when dishing out High Court Writs under the 'cab rank' system (where no indiviudal officer is named).

 

Then that is in total contradiction to HCEO Regs Section 6. and Section 7.

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Guest Happy Contrails

Well spotted danboy... but given the number of timed ive busted an HCEO in front of the Judge on fee irregularity, I dont think the law matters a great deal to them. One goes, another one comes.

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Danboy381, you are completely wrong with regards to the postcodes. Any AHCEO can operate throughout Engalnd & Wales (Scotland has their own Sheriffs). The postcodes they have recorded against there names is for the Registry Trust when dishing out High Court Writs under the 'cab rank' system (where no indiviudal officer is named).

 

Then that is in total contradiction to HCEO Regs Section 6. and Section 7.

 

I'm afraid you are incorrect Danboy381. I would advise that this still relates to the Registry Trust 'cab rank' system. We are required to enforce the Writs issued in the areas we subscribe to but can also act on Writs outside that durisdiction in accordance with the changes brought in by the 2003 Courts Act (April 2004)

 

Happy Contrails, whilst your contempt for the HCEO is apparent, your knowledge is limited at best judging by your other posts. If you have really 'busted' so many HCEO's it would suggest you are a persistant debtor having judgments issued against them. I would hope this is not the case.

 

:)

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Guest Happy Contrails

Fortunately no, I think extortion carries the death penalty, but then gain, failure to repay a consumer debt carries a prison term....

 

There's no c/tax or parking ticket charges yet, but a traffic felony can be 1 or 2 hours unpaid work - like 'community service' in the UK.

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Guest Happy Contrails
I it would suggest you are a persistant debtor having judgments issued against them. I would hope this is not the case.

 

:)

 

Fortunately (again) I dont have any debts, 100% solvent..... not even a mortgage.

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Guest Happy Contrails

Thats is why I like to help them...

 

The alternartive between my UK turnarounds on flying duty is sitting on the bench as magistrate dealing with drug dealers & drunk drivers hauled in by the police on their previous night shift, but there's little satisfaction handing out fines when it's just £5 a week from their benefits.

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I'm afraid you are incorrect Danboy381. I would advise that this still relates to the Registry Trust 'cab rank' system. We are required to enforce the Writs issued in the areas we subscribe to but can also act on Writs outside that durisdiction in accordance with the changes brought in by the 2003 Courts Act (April 2004)

 

 

 

Thanks for bringing that to my attention - The regs really are outdated and flaky aren't they. I'll bring these sections up in my next meeting at the Ministry of justice

 

 

p.s HC - Penalty for extortion is Death?! Any chance of organising a flight to Dubai for HCEO's?

 

db

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Subbing with great interst

I agree the majority of fees are easy enough to follow until you get to:

 

C General Fees

12 Miscellaneous

Got them on that count no Levy no valuation etc etc

For any matter not otherwise provided for, such sum as a Master, district judge or costs judge may allow upon application.

What is the ruling on these fees normally

This is where all the arguments seem to stem from, they add Admin Charges, Debtor Advice Charges, Scratching my bum until Debtor decides to pay Charges etc. This is why it is very important to not only get a screenshot of your account but also serve them a Subject Access Request so you get all the information which allows you to question their actions.

What is a screen shot or should i saty what does it look like I have a print off in my SAR that looks like the activity report but it is incomplete.

In my opinion they are caught cheating that many times it would be far easier just to do things properly in the first place. Remember that if the attending Field Officer is overcharging you then it usually follows that the Company he works on behalf of and therefore the appointed HCEO are all parties to the "crime", not forgetting the Creditor who let the dogs out in the first place.

DOes this apply to say a firm that instructed the HCEO I have reaad about it applying to councils but been advised that itr doesnt apply to all.How do I apply to get at the frim??

Subbing with interest,

Ohitsonlyme

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Subbing with great interst
I agree the majority of fees are easy enough to follow until you get to:

 

C General Fees

12 Miscellaneous

Got them on that count no Levy no valuation etc etc

 

If they have listed these then they have blatantly acted unlawfully and when challenged would expect to see them backpedal very quickly.

 

For any matter not otherwise provided for, such sum as a Master, district judge or costs judge may allow upon application.

What is the ruling on these fees normally

 

Hmm a pinstickers guide this one, honestly haven't a clue and suspect this is what they hope by listing all these strange charges. Maybe just a tool to inflate imaginary charges that look good on paper.

 

This is where all the arguments seem to stem from, they add Admin Charges, Debtor Advice Charges, Scratching my bum until Debtor decides to pay Charges etc. This is why it is very important to not only get a screenshot of your account but also serve them a Subject Access Request so you get all the information which allows you to question their actions.

What is a screen shot or should i saty what does it look like I have a print off in my SAR that looks like the activity report but it is incomplete.

 

It sounds as if you have got what you need. It should start at the beginning when the "job" first arrived in their office. Each time something has been done there should be a record of what happened. Obviously there will be feverish activity on the day you were visited and it is a case of checking each item with the fees you have been charged. It should even have any record of any letter or phone call from yourself. May I ask what makes you think it is incomplete?

 

In my opinion they are caught cheating that many times it would be far easier just to do things properly in the first place. Remember that if the attending Field Officer is overcharging you then it usually follows that the Company he works on behalf of and therefore the appointed HCEO are all parties to the "crime", not forgetting the Creditor who let the dogs out in the first place.

DOes this apply to say a firm that instructed the HCEO I have reaad about it applying to councils but been advised that itr doesnt apply to all.How do I apply to get at the frim??

 

Maybe approach the original Creditor to see if they know what really happened. Some don't have a clue about what goes on and are horrified when they find out.

 

Subbing with interest,

Ohitsonlyme

 

PT

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The company I owed money to that gained the judgement was a firm of solicitors, I spoke to their head of litigation and he told me that he hadnt recieved my offer from sherfarce however they wouldnt talk to me again as they said I wa an opponent in litigation

The activity report has some holes in it and does show what triggered the costs I di ask for it nut that triggered the fee hearing. I am picking holes in the sar and belive me their are plenty.

Reference the levy fees they didnt get in my house or lsit anything in the garden but the show fees and valuation but I dont knbow what they valued.

the first vist fee is shown as £175 financial mangement £160Admin £175 etc etc.I do understand the fees set out in the regs but they put these down as 'other fees not provided for'

I still need guidance on the hearing procedure

 

Onlyme

 

I seem to have hijacked this thread my thread is running under Bailiffs

Sherfarce fraud/deception it might be better to reply there to my queries

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Hi I need a little help with the following please. To cut a long story short, I lived in a house that was rented, I had a blinds company come and fit blinds in the property, there was some issues that hey eventually fixed but in the meantime, I lost my job, the house and other bits and I hold my hand up to say that the Blinds company was not a priority to me at the time!! Needless to say it has now bitten me on the bum as the Baliffs at C N Gaunt have been round to the house and left a notice throught the door which the new tenants have given to the letting agents, which they then emailed onto me.... What rights have they got to enter the house that i am no longer renting and take goods? I am at my wits end as it is all really scary. I must point out that I did intend to pay for the blinds, but now i have a CCJ and the costs are mounting!!! I think i will have a nervous breakdown, as i only came out of hospital a few weeks ago having had a hysterectomy due to cancer!!! Please help, i am at my wits end. Thank you:-(

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Hi I need a little help with the following please. To cut a long story short, I lived in a house that was rented, I had a blinds company come and fit blinds in the property, there was some issues that hey eventually fixed but in the meantime, I lost my job, the house and other bits and I hold my hand up to say that the Blinds company was not a priority to me at the time!! Needless to say it has now bitten me on the bum as the Baliffs at C N Gaunt have been round to the house and left a notice throught the door which the new tenants have given to the letting agents, which they then emailed onto me.... What rights have they got to enter the house that i am no longer renting and take goods?

 

No.

 

In fact you dont have to tell the bailiffs your current address. The CCJ is invalid because you did not receive a Defendants Response pack when the Cliamant sommenced proceedings.

 

 

 

I am at my wits end as it is all really scary. I must point out that I did intend to pay for the blinds, but now i have a CCJ and the costs are mounting!!!

 

The fee is £45 approx depending on size of debt, you can disregard all the HCEO fees because the Claimant has not complied to the Civil Procedure Rules and allowed you a defence.

 

I think i will have a nervous breakdown, as i only came out of hospital a few weeks ago having had a hysterectomy due to cancer!!! Please help, i am at my wits end. Thank you:-(

 

If this bites you on the arse, then file an application to have the order set aside on the grounds the proceedings were not served at your current address pursuant to Section 7 of the Interpretation Act 1978.

Professional property investor and conveyancer

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Hi I need a little help with the following please. To cut a long story short, I lived in a house that was rented, I had a blinds company come and fit blinds in the property, there was some issues that hey eventually fixed but in the meantime, I lost my job, the house and other bits and I hold my hand up to say that the Blinds company was not a priority to me at the time!! Needless to say it has now bitten me on the bum as the Bailiffs at C N Gaunt have been round to the house and left a notice throught the door which the new tenants have given to the letting agents, which they then emailed onto me.... What rights have they got to enter the house that i am no longer renting and take goods? I am at my wits end as it is all really scary. I must point out that I did intend to pay for the blinds, but now i have a CCJ and the costs are mounting!!! I think i will have a nervous breakdown, as i only came out of hospital a few weeks ago having had a hysterectomy due to cancer!!! Please help, i am at my wits end. Thank you:-(

 

 

http://www.consumeractiongroup.co.uk/forum/newthread.php?do=newthread&f=168

 

Hi welcome to CAG use the above link to start your own thread put HCEO in the title

 

and try not to worry to much there are plenty people on here to help you out with this read posts by ploddertom

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