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    • Thanks @lolerzthat's an extremely helpful post. There is no mention of a permit scheme in the lease and likewise, no variation was made to bring this system in. I recall seeing something like a quiet enjoyment clause, but will need to re-read it and confirm. VERY interesting point on the 1987 Act. There hasn't been an AGM in years and I've tried to get one to start to no avail. However, I'll aim to find out more about how the PPC was brought in and revert. Can I test with you and others on the logic of not parking for a few months? I'm ready to fight OPS, so if they go nuclear on me then surely it doesn't matter? I assume that I will keep getting PCNs as long as I live here, so it doesn't make sense for me to change the way that I park?  Unless... You are suggesting that having 5 or so outstanding PCNs, will negatively affect any court case e.g. through bad optics? Or are we trying to force their hand to go to court with only 2 outstanding PCNs?
    • That is so very tempting.   They are doing my annual review as we speak and I'm waiting for their response once I have it I will consider my next steps.    The debt camel website mentioned above is amzing and helping to. Education me alot    
    • Sending you a big hug. I’m sorry your going through this. The letters they send sound aweful, and the waiting game for them to stop. But these guys seem so knowledgable and these letters should stop. Hang in there, and keep in touch. Don’t feel alone 
    • In my time I've never seen a payout/commission from a PPC to a landlord/MA. Normally the installation of all the cameras/payment of warden patrols etc is free but PPCs keep 100% of the ticket revenue. Not saying it doesn't happen mind. I've done some more digging on this: Remember, what your lease doesn't say is just as important as what it does say. If your lease doesn't mention a parking scheme/employment of a PPC/Paying PCNs etc you're under no legal obligation to play along to the PPC's or the MA's "Terms and conditions". I highly doubt your lease had a variation in place to bring in this permit system. Your lease will likely have a "quiet enjoyment" clause for your demised space and the common areas and having to fight a PPC/MA just to park would breach that. Your lease has supremacy of contract, but I do agree it's worth keeping cool and not parking there (and hence getting PCNs) for a couple months just so that the PPC doesn't get blinded by greed and go nuclear on you if you have 4 or 5 PCNs outstanding. At your next AGM, bring it up that the parking controls need to be removed and mention the legal reasons why. One reason is that under S37(5b) Landlord and Tenant Act 1987,  more than 75% of leaseholders and/or the landlord would have needed to agree, and less than 10% opposed, for the variation to take place. I highly doubt a ballot even happened before the PPC was bought in so OPS even being there is unlawful, breaching the terms of your lease. In this legal sense,  the communal vote of the "directors" of the freehold company would have counted for ONE vote of however many flats there are (leases/tenants) + 1 (landlord). It's going to be interesting to see where this goes.  
    • @Whyisitthisthank you very much for asking. I am still feeling anxious, especially when someone rings the doorbell, or when I receive a letter I feel a it paranoid. I stopped going to the shops unless I really have to. I shop online now. When I see security I feel paralised. 
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Baliffs £200 Enforecment Fee/ Council tax Debt


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Hi

 

I have had 2 walking poccession orders 1 i have paid off and another started this week.

 

I have noted on the sheet they gave me it says

 

Amount for which distress - £928.33

cost of first visit

cost of 2nd visit

levy fee - £52.00

walking possession fee - £12

Enforcement fee - £200

 

 

whats an enforcement fee

 

also i emailed them and asked them to send me statements which they did by email and i noticed and OOA fee for £80?

 

have no idea what an OOA is either

 

i have emailed the baliff and asked for scrren shots for all past and present accounts.

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i have just recieved an email from the baliffs saying for full screenshots of all ac****s they request a payment of £10 each case + vat due to data protection act.

 

she said i had 2 attendances at two different dates this is why i have been charged £200 each time, by law baliff can charge attendance/van each time he levy on goods and the OOA fee is an administration fee.

 

i dont understand, each time he came it was just him in his car no van.

 

can someone please help me understand all this.

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once you get your reply post it up here

 

the enforcement fee is wrong

the 1st/2nd visit fees will depend on the date they were charged

 

you will have to write/e-mail the council & bailiffs company (once you get screenshot back) any e-mails you send to 1 copy the other

you will get help with letters

 

 

 

 

OOA fee for £80? new one on me will be interesting to find out what OOA fee means

 

was this added to both accounts

 

(my bet is was added to the account that is paid )

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hiya

 

thanks for your help

 

I have all the statements sent to me by email today i can pm you so u can see them all but dont want to post on here

 

they say OOa is an administration fee, and yes the debt was paid.

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have just received an email from the bailiffs saying for full screenshots of all ac****s they request a payment of £10 each case + vat due to data protection act

 

send this back

 

This is not a request to access any personal data about me in the meaning of the Data Protection Act 1998.

this is information regarding my account and you are required by

The council tax administration and enforcement regulation) 1992 (amended) to provide me with a screenshot of my account when requested

 

failure to provide this information within 7 day will result in a formal complaint to the council in the first instance

all correspondence from both parties will be forwarded to the council to be held on file for future reference

Edited by hallowitch
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hiya

 

thanks for your help

 

I have all the statements sent to me by email today i can pm you so u can see them all but don't want to post on here

 

they say OOa is an administration fee, and yes the debt was paid.

 

 

yes send me a P M

 

didn't see that last post got half way through typing and daughter came in

 

:lol::lol::lol::lol::lol::lol: she was dancing about kissing and cuddling me just passed her driving test

 

so sorry

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Hi

 

I have had 2 walking poccession orders 1 i have paid off and another started this week.

 

I have noted on the sheet they gave me it says

 

Amount for which distress - £928.33

cost of first visit

cost of 2nd visit

levy fee - £52.00

walking possession fee - £12

Enforcement fee - £200

 

 

whats an enforcement fee

 

also i emailed them and asked them to send me statements which they did by email and i noticed and OOA fee for £80?

 

have no idea what an OOA is either

 

i have emailed the baliff and asked for scrren shots for all past and present accounts.

 

Which company is this?

 

Also, were these charges applied on the same day?

 

What goods were levied upon?

 

Did you let the bailiff into your home?

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Guest Happy Contrails

 

Amount for which distress - £928.33.

 

 

What was the debt for? the legislation prescribing bailiffs fees is different for each type of debt collectable by a bailiff, but the amounts quoted in your post does not correlate with any legislation I know of.

 

County Court Judgements: County Court Fees Order(Amended 1994) 1982

 

Council Tax: Regulation 14(2) and Regulation 45(2) of the Council Tax (Administration and Enforcement) Regulations 1992

 

Business Rates: Regulation 3© of the Non-Domestic Rating (Collection and Enforcement) (Amendment and Miscellaneous Provision) Regulations 1993

 

Parking Tickets: Schedule 1 of the Enforcement of Road Traffic Debts (Certificated Bailiffs)(Amended 2003) Regulations 1993

 

Rent arrears: Appendix 1 Distress for Rent Rules 1988

 

High Court Writs: Schedule 3 of Regulation 13 of The High Court Enforcement Officers Regulations 2004

 

Magistrates court fines: Section 92 of the Courts Act 2003 and Magistrates Courts (Civilian Enforcement Officers) Rules 1990 and Section 92 of the Access to Justice Act 1999

 

Sheriff Officers (Scotland) Paragraph 2(4) of the Act of Sederunt (Fees of Sheriff Officers) 2007

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  • 2 weeks later...

its for council tax, they wrote down on the first wpo as hubby let him in, 2x 2 seater sofa;s

sky box, dvd player, sterio separates system.

 

this was all paid off and then another arrived to which my hubby signed new wpo but not in the house, he piad him some money and the guy was sat in his car and thats where hubby signed this. he just wrote everything down from the last wpo.

 

 

what i would like to know is can they still charge £200 for enforcement or levy goods even tho they didnt.

 

i am confused with all of this stuff.

 

also charged me £80 for OOA? they say its an admin charge, admin charge for what.

 

i think they are really taking the p***.

Edited by marley2009
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its for council tax, they wrote down on the first wpo as hubby let him in, 2x 2 seater sofa;s

sky box, dvd player, sterio separates system.

 

this was all paid off and then another arrived to which my hubby signed new wpo but not in the house, he piad him some money and the guy was sat in his car and thats where hubby signed this. he just wrote everything down from the last wpo.

 

 

what i would like to know is can they still charge £200 for enforcement or levy goods even tho they didnt.

 

i am confused with all of this stuff.

 

also charged me £80 for OOA? they say its an admin charge, admin charge for what.

 

i think they are really taking the p***.

 

Can you pm me with details of the precise charges and the name of the company concerned.

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