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Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times. ×


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      By dx100uk · Posted

      You have of course checked the car is now taxed and the £68 is stated against  the same reg?  If the tax for the same car did over lap, then I can't see you having an issue pleading not guilty Dx
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      The boundary wiill not be the yellow line.  Dx  
    • notodebt
      SJP letter from courts - Car tax fine

      By notodebt · Posted

      Afternoon all Looking for advice before I defend claim for car tax payment that the DVLA claim I owe £68 from an idemity claimback from my bank and unpaid tax  brief outline. Purchased car Jan 30th ,garage paid the tax for me after I gave them my card details  first payment £68 out in Feb 24  followed by payment of £31 from March due to end Jan 24 Checked one of my vehicle apps and about 7-10 days later car showing as untaxed? No reason why but it looks like DVLA cancelled it , this could be because I did not have the V5 and the gargae paid on my behalf but not sure did not receive a letter to say car was untaxed.  Fair enough I set up the tax again staight away in Feb 24  and first payment out Mar 31st , and each payment since has come out each month for £31 , this will end Feb/Mar 2025, slightly longer than the original tax set up, all good. I then claimed the £68 back from my bank as an indemity refund as obviously I had paid but DVLA had cancelled therefore it was a payment for nothing?  Last week recieved a SJP form dated 29th May stating that DVLA were claiming for unpaid tax and a false indemity claimback which of course is the £68. It also stated that I had received two previous letters offering me the oppotunity to pay that £68 but as I had not responded it was now a court claim that I must admit guilt for or defend. My post is held for weeks at a time from Royal Mail ( keepsafe) due to me receiving hospital tretament at weeks at a time that said I did not receive any previous letters from DVLA. I am happy to defend this and go to court but wondering what CAG members think? In summary I paid an initial amount of £68 and then a DD of £31 , tax cancelled  I set up a new DD at £31 a month all in the month of Feb 2024, I claimed the £68 back from my bank. DD has been coming out each month without issue and I have paperwork to show the breakdown for both DD setup's plus bank statements showing the payments coming out . The second DD set up has extended payments up to Feb/Mar 2025. DVLA claiming the £68 was ilegally claimed back despite the fact they cancelled the original DD for reasons unknown. Is this defendable ? I will post up documents including the original DD conformations 
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    • HP Mum
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      It's not a private road.  It's a small public street (with Resi houses) that leads into and from public road/ highway. The garages have land in front of the doors.  Then there's a yellow line. So there's a clear marker on what is private and what is public.  These people keep parking on the private land side

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Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times.

Claiming money back from Equita

PSB123
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PSB123

PSB123

Posted
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Back in 2005 I had Equita chasing me for two PCN's that had gone up to £125 each. This soon reached over £400 for each one. I have just found one of their letters informing me of their charges for one of the PCN's. It reads:

 

DEBT: £125.00

COURT COSTS: £0.00

BAILIFF COSTS £161.20

VAT: £28.22

PAID: £0.00

 

TOTAL OUTSTANDING: £314.42

 

I use the above as an example as I know I paid approximately £400 for each one. That's £800 in total for two PCN's.

 

I never signed anything and was probably a little slow to pay up initially.

 

Can I look in to claiming some of this money back as I don't think that £161.20 is a fair amount to ask for Bailiff costs. I will start off by requesting a SAR from Equita. Any advice would be welcome.

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PSB123

PSB123

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Depends if you paid it in the first place!

 

More details please

Of course I paid it lol:) I wouldn't be asking other wise.

 

The details are in my first post. They asked for it, I paid it but not as fast as they would have liked.

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BlurredFX

BlurredFX

Posted
Posted

Do you have receipts?

 

I have to say I have not known anyone to claim charges back so long after it was all dealt with - but I am hardly well versed in the subject.

 

I think if you have receipts and you can show an element of VAT that is a good start, as Bailiffs are not allowed to charge VAT as I understand it.

 

You say that you didn't pay it promptly - I wouldn't give that too much weight - it is down to them to justify their charges.

 

Cheers,

 

 

Blurred

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PSB123

PSB123

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Do you have receipts?

 

I have to say I have not known anyone to claim charges back so long after it was all dealt with - but I am hardly well versed in the subject.

 

I think if you have receipts and you can show an element of VAT that is a good start, as Bailiffs are not allowed to charge VAT as I understand it.

 

You say that you didn't pay it promptly - I wouldn't give that too much weight - it is down to them to justify their charges.

 

Cheers,

 

 

Blurred

Thanks BlurredFX

 

From what I can make out I may have some come back as I am well with in the six year statute of limitations.

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BlurredFX

BlurredFX

Posted
Posted

PSB,

 

It seems to me that you are following the correct course of action. Hopefully the SAR will give you a breakdown of everything that they charged you.

 

We can then look at that and see what illegal fees they have charged etc etc. But the VAT makes me interested, as I am sure that they are not allowed to charge VAT, but I need confirmation of this.

 

Keep in touch,

 

 

Blurred:)

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PSB123

PSB123

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PSB,

 

It seems to me that you are following the correct course of action. Hopefully the SAR will give you a breakdown of everything that they charged you.

 

We can then look at that and see what illegal fees they have charged etc etc. But the VAT makes me interested, as I am sure that they are not allowed to charge VAT, but I need confirmation of this.

 

Keep in touch,

 

 

Blurred:)

Thank you Blurred :)

 

After a bit of research, I found that for PCN's they can charge VAT but not for Council Tax. There are certain debts that they can charge VAT on and others they can't.

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Nintendo Pü

Nintendo Pü

Posted
Posted

You dont need to send £10. A "screenshot" is not personal data as it is defined under the Data protection Act 1998.

 

This £10 thing bailiffs ask for is a money-[problem]. They are pretending a Screenshot is accessing personal data. The law decides what the bailiffs fees are so it cant tell you anything you dont already know.

The next generation Nintendo Wii - the Nintendo Puu

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PSB123

PSB123

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You dont need to send £10. A "screenshot" is not personal data as it is defined under the Data protection Act 1998.

 

This £10 thing bailiffs ask for is a money-[problem]. They are pretending a Screenshot is accessing personal data. The law decides what the bailiffs fees are so it cant tell you anything you dont already know.

I think they're playing silly beggers and playing for time. I will now write to them and cc the council.

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PSB123

PSB123

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After yet another letter to Equita telling them I want the screen shots and not a SAR, they have written back to me asking for £10 and telling me it must be a SAR I am looking for. They won't supply me with the screen shots I have asked for. It's like banging my head off a brick wall. Any ideas?

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Nintendo Pü

Nintendo Pü

Posted
Posted

A breakdown of fees is not personal data in the meaning of the data protection act. Asking for £10 is a bailiffs money [problem]. You can interpret this as the bailiff is unable or unwilling to provide a breakdown of fees and you no longer have an obligation to pay them. Judge Avent in Cullighan vs. Marston.

The law says what the fees are. PCN's its 28% of the ticket, so file an N1 and recover everything you paid over that amount. You dont need to tell them. You can also make a complaint to police under the 2006 fraud act.

If the bailiff sent a letter or make further visits, the burden of proof now passes to the bailiffs - they will now have to prove they sent letters and made multiple visits.

The next generation Nintendo Wii - the Nintendo Puu

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Nintendo Pü

Nintendo Pü

Posted
Posted

Civil procedure rules is the way to go - Take out whats not relevant

 

On a Form N1

 

THE MAYOR AND BURGESSES OF [NAME OF COUNCIL] 1st DEFENDANT

 

AND

 

[NAME OF BAILIFF COMPANY] a firm, 2nd DEFENDANT

 

Brief Details of the Claim - enter - Reclaiming unlawful bailiff's fees.

 

Particulars of claim:

 

I received a bailiff acting for the defendant collecting an unpaid parking ticket. The bailiff dishonestly charged me [£AMOUNT] bailiffs fees contrary to the Enforcement of Road Traffic Debts (Certificated Bailiffs)(Amended 2003) Regulations 1993 which prescribes £28 and reasonable costs for transporting a debtors goods in a van. The bailiff did not move any goods in a van and I did not sign any documents for the bailiff. I asked the bailiff for a breakdown of his fees but they azre unable or unwilling to provide one. I have been defrauded by the bailiff who is cheating with his fees and I asked for a refund but it was the bailiff’s choice to keep the money. On 20 April 2007, Lord Lucas in the House of Lords asked HM Government (inter-alia) "whether it would be right for the police to claim that such an action is a civil and not a criminal matter"? Baroness Scotland of Asthal, The Minister of State, Home Office replied: (inter-alia) "A bailiff or any other person who dishonestly charges for work that has not been done will be committing an offence under the Fraud Act 2006". Reasonable costs have been defined by District Judge Advent on the 9th & 24th September 2008 presiding over Case No 8CL51015 Anthony Culligan (Claimant) v 1. Jason Simkin & 2. Marstons (Defendants). The court ruled that “because the Bailiff produces no evidence as to how the charge had been arrived then he unable to show that it is reasonable". I claim i) the sum of [£AMOUNT], ii) Interest under Section 69 of the County Courts Act 1984 at the rate of 8% a year from the date the money became due at the daily rate of 0.00022%, iii) reasonable costs the court thinks fit for being defrauded by the defendant iv) Reasonable costs the court thinks fit for Discovery of Information and compiling this case for court, v) costs allowed by the court at the prescribed rate.

 

If you are on a low income then complete an EX160 fee remission form.

The next generation Nintendo Wii - the Nintendo Puu

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PSB123

PSB123

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Civil procedure rules is the way to go - Take out whats not relevant

 

On a Form N1

 

THE MAYOR AND BURGESSES OF [NAME OF COUNCIL] 1st DEFENDANT

 

AND

 

[NAME OF BAILIFF COMPANY] a firm, 2nd DEFENDANT

 

Brief Details of the Claim - enter - Reclaiming unlawful bailiff's fees.

 

Particulars of claim:

 

 

 

If you are on a low income then complete an EX160 fee remission form.

Should I just bite the bullet and ask for a SAR and pay the £10 before I go down this road :confused:

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Nintendo Pü

Nintendo Pü

Posted
Posted

Why? there is nothing that is listed as personal data, and you dont need to SAR a local authority, they are exempt and dont need to appoint a data controller, that only applies to private companies registered under the Act.

 

The law decides what bailiffs can and cannot charge, only pay what the law says and nothning else. If you have been overcharged then just reclaim it.. That way you have the bailiff dancing to your tune.

The next generation Nintendo Wii - the Nintendo Puu

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PSB123

PSB123

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So don't bother contacting Equita again just go down the Form N1 route? Also, I need to find out exactly how much I have been overcharged as I only know that it was approximately £400 for each PCN. How do I establish exactly how much I have been overcharged if Equita won't supply me with the information I need unless I pay them £10?

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