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    • look at the timeline in the poc carefully. the a/c was defaulted 30th april the A/C was not sold till 21st june, some 2mts later   I would suggest the £499 was refund of interest or charges or WHY from the OC, hence the different wording to the phantom £1 payment some further 6mts later they claim by you.   the MBNA SAR will most probably clarify the 1st part and should be arriving well in time for your bundle exchange   at that time 2012 -14 were you ever aware of what questioning a debt was all about ?? or were involved in any other debt whereby you used a CCA request etc or were in any kind of debt management etc etc.. we don't have old thread history to guess your background.        
    • get on to Lidl head office and the local press and lay it on with a trowel. Ask the council if there are any conditions in the planning consent that palce limits on parking times- many have a minimum of 2 or 3 hiours free parking and that cannot be changed arbitarily by either Lidl or the parking co. If there are conditions make a big fuss and tell Lidl that you will be going after the closure of their store if they dont tell Athena to wind their neck in   See the case of Tandridge and Caterham branch of Morrisons which was a Somerfield. In short 3 hours free parking  as a minimum, Morrisons chaged it by hiring parking cowboys who limited it to 1 hr when they took over the store and the council told them they would close the store for breach of planning consent if they didnt tell the parking co to do one. Parking co realised they would never make money like that so skulked off.
    • The POFA allows the parking co to create a KEERPER liability if certain conditions are net. POPLA have got the timings wrong as the parking co is allowed 12 days plus 2 days for service so they mut send out the NTK in time (28th) regardless of whether it drops on your doorstep within the 14 days. So they failed to create a keeper liability- this doesnt men that there wasnt a contract with the driver but they cant assume that the keeper and driver are one and the same but this has never stopped a parking co from persuing the person named by the DVLA even if the procsessing of your personal data is unlawful cos they ahve screwed up on their dates. tyhye just lie to the courts and hope.   The BPA will do nothing other than side with the person who pays their wages for the above reasons. they will waffle about assumed driver still a contract so someone ahs to pay and it will be you unless you name someone esle etc. All cobblers but they cant burst the bubble.   Better off saving ink and fighting the parking co if they want to start something but let them waste their time and money in the meanwhile. If the car aprk is local to you get some pictures of the entrance, the signs in there and piccies of any signsthat are different to the signage at the entrance. tell us about the event, the place, time what it is they said you did wrong etc
    • this is for the court claim one should be on your other thread please      
    • no, as numerous threads here regarding AP already shows, AP stays for anything upto 12yrs and kills the score and the account thus remains on file. a default notice should have been issued after the 3rd payment which did not meet the org payment terms of the signed agreement.   the ico is even down on record stating the same about this AP marker, it should not keep an account showing on credit files nor effect one's score whereby otherwise it would now have been removed or the score improved after 6yrs
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Jason1983

Collect Services Ltd - Parking ticket - Bailiffs

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I have been recently notified by Collect Services Ltd, regarding a parking ticket that was issued against me. In fact, I had moved from my previous address in Reading, into my new address again in Reading (just 0.5 miles away), and it did not cross my mind to change my V5 registration of my car (this was my fault, I totally understand this!). When I had to renew my road tax I did the process online and after two weeks when I did not receive the road tax disc I called the DVLA and told me that my car was still registered into my previous address. I made the change right away. In the meantime though the parking ticket was issued! All the notices though were sent to my previous address!

On the 3rd of August 2009, I received a letter from Collect Services Ltd, (date on the letter was on 30th of July) stating that I have to pay £122 for the parking ticket.

On the 5th of August, I sent them a letter telling them that I was unaware of the parking ticket and I am willing to pay a reasonable amount of the parking ticket. I have a confirmation e-mail and letter that they received my letter on the 10th of August!

On the same day, a bailiff came, and left me a letter telling me because I was not in and they were unable to collect, the amount due now was £266!! This was just a week after their first notice!

On the 13th of August (date on letter was on 11th) they sent me a letter stating that I had to change my V5 registration and therefore I should pay the full amount of £266, and not £122!

They disregarded my letter! I have questioned why they did not take into any consideration of my letter telling them that I am willing to pay, and they would not answer! Eventually, the answer I got was that the Bailiff came on the 7th and not the 10th, which is a total lie as I have the letter that they left me and is stating 10th of August! I told them that was not true as I have the letter, and they did not come back to me!

 

I did visit the CAB and their advice was to pay the bailiff as there is nothing I can do. There is no protection for the citizens against them as there are no laws to keep them in reason. The only way is that you pay to go in court and have a hearing which you need to pay for.

The other way is to make a claim against there charges to be checked that you will again have to pay for.

 

I was informed by a friend of mine that I should complete a TE7 and TE9 forms as I did not receive any notice to owner. My application was REFUCED, without any given reason in their letter. I have contacted the TEC to ask for the reason, and they could not give me one as they did not have any information. It is also stating in the letter that if I wish to question the decision into my local court according to 75 (2) I should complete a form. No form was included and no instructions were given of how to get that form from!

 

Please advice!

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All the notices though were sent to my previous address!

 

On the 3rd of August 2009, I received a letter from Collect Services Ltd,

 

Was this sent to your old address?

 

 

On the same day, a bailiff came, and left me a letter telling me because I was not in

 

Did the bailiff turn up at your new address?

 

the amount due now was £266!!

 

The law prescribing bailiffs fees for collecting unpaid parking tickets provides £11.20 for a letter, and 28% of the penalty charge. Your bailiffs £266 doesnt look right and he might be trying to con you.

 

I got was that the Bailiff came on the 7th and not the 10th, which is a total lie as I have the letter that they left me and is stating 10th of August! I told them that was not true as I have the letter, and they did not come back to me!

 

The bailiff is making a false representation, its a criminal offence to do this. Section 2 of the Fraud Act 2006.

 

 

The other way is to make a claim against there charges to be checked that you will again have to pay for.

 

You will need to recover unlawful bailiffs fees from the council that instructed the bailiff. Dont bother trying to resolve with the bailiff himself, he is screwing you over with his fees.

 

I was informed by a friend of mine that I should complete a TE7 and TE9 forms as I did not receive any notice to owner. My application was REFUCED, without any given reason in their letter

 

Please advice!

 

 

Check this with an expert on parking tickets, but your post indicates a parking ticket notice was sent to your old address but the council's enforcment contractor (the bailiff) attended your new address.

 

When the bailiff discovered you had moved, he should have informed the council before proceeding to enforce, the council needed to follow regulations and send a new notice to owner, or charge certificate, to your new address giving you an opportunity to pay. As the bailiff failed to do this, you may not be liable for any bailiffs fees. The council is always liable for its bailiffs.

 

The regulations are different in London, Scotland and England outside london.

 

Write to the council and explain the above, and make the letter a formal complaint. Ask the council to resolve the complaint by waiving all bailiffs fees and roll the case back to council administration. If the council becomes vexatious, quickly escalate your complaint to the Local Government ombudsman and ask the council pays you compensation. Its about £100.


The next generation Nintendo Wii - the Nintendo Puu

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Hi Nintendo,

Was this sent to your old address?

Yes the notices were sent to my old address as what I was told by the Council.

 

Did the bailiff turn up at your new address?

The bailiff did turn up to my new address after checking through the DVLA when I had changed my address

 

The law prescribing bailiffs fees for collecting unpaid parking tickets provides £11.20 for a letter, and 28% of the penalty charge. Your bailiffs £266 doesnt look right and he might be trying to con you

 

Regarding their charges, to address them I will need to pay £40 to check if they are charging me correctly. I did not find any other way of challenging it. If you do know any other way please let me know.

 

 

The bailiff is making a false representation, its a criminal offence to do this. Section 2 of the Fraud Act 2006.

I have made a complaint to the ACEA but I did not get any reply from them. I called the Centre and they told me that a Director will contact me but this has not been done. This was two weeks ago. I will try them again today.

 

 

 

You will need to recover unlawful bailiffs fees from the council that instructed the bailiff. Dont bother trying to resolve with the bailiff himself, he is screwing you over with his fees.

I have made my complaint to the Reading Borough Council and their reply was that you have to solve this with the bailiffs. There is nothing we can do if the case is with them!

 

 

Check this with an expert on parking tickets, but your post indicates a parking ticket notice was sent to your old address but the council's enforcment contractor (the bailiff) attended your new address.

 

When the bailiff discovered you had moved, he should have informed the council before proceeding to enforce, the council needed to follow regulations and send a new notice to owner, or charge certificate, to your new address giving you an opportunity to pay. As the bailiff failed to do this, you may not be liable for any bailiffs fees. The council is always liable for its bailiffs.

 

The regulations are different in London, Scotland and England outside london.

 

Write to the council and explain the above, and make the letter a formal complaint. Ask the council to resolve the complaint by waiving all bailiffs fees and roll the case back to council administration. If the council becomes vexatious, quickly escalate your complaint to the Local Government ombudsman and ask the council pays you compensation. Its about £100.

 

I have completed a form to be checked by the County Court. I have paid £40 for the matter to be reviewed by a Judge without a hearing. Where can I make this complaint? I will write another complaint to the Reading Borough Council, but I do not think this will resolve to anything as I have already done so in the past.

 

Thank you for your time. If you have any other suggestions I would be really greatfull if you could share them.

 

Thanks

Jason

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If your te7/te9 have been refused you need to within 28days file a n244 to set the court officers decision aside. This will cost you £70 but you must ask for the fee back as costs. Your story would be you moved address and hence did not recieve the nto. Were you aware that a pcn had been issued ?


I hate bailiffs. Let me know if you have had a problem with them. I am sure i could upset them.

I now have experience with Securitas Security Services (UK) Limited and won in court against them 01/2018

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If a bailiff charges you a fee to provide you a breakdown of charges then you can lawfully interpret this as the bailiff is unable top show it is reaosnable costs. Only pay what the law says - 28% of the parking ticket and recover everything else, including £40 fees from the council on a Form N1.

Send the council a simple letter asking them you pay you the unlawful bailiffs fees and file at court seven days later. Dont bother with any more communication with the bailiff hereon - you have them reasonable opportunity to settle but they responded by screwing you with the fees a second time. They are now the councils problem.

If you have documentary evidence you have paid unlawful fees to a bailiff then a complaint to police can resolve the problem, but it doesnt recover the money, but its strengthens any civil claim you make.

Send a copy of the letter to the council along with a copy of the bailiff’s fee document.

Head of Revenue

Borough Council

Address 1

Address 2

Address 3

Postcode

[DATE]

Dear Sir/Madam

Re: Parking ticket [CAR REGISTRATION/PCN] and your bailiffs fees

I write following visits by your contractor and upon seeking legal advice I understand he is cheating with his fees and could be committing an offence of fraud.

I ask that you pay me the sum of [AMOUNT] within seven days as refund of all unlawful fees and charges. If the authority fails to comply with legislation prescribing bailiffs fees then it is my intention to reclaim them by filing proceedings in the small claims track.

As the council is liable for its agents it is my intention to name the council as the principle defendant, however, Court rules require me to give the council reasonable opportunity to settle the claim beforehand.

If you wish to settle the claim, please pay me the sum described in the enclosed letter at the above address within seven days from the date of this letter.

You may wish to launch an investigation or make your own enquiries; this does not delay the proceedings being filed at Court, and to protect other taxpayers from being defrauded in this way, the case will pass to the Local Government Ombudsman.

These documents are delivered by Royal Mail and deem it good service upon you by the ordinary course of post under Section 7 of the Interpretation Act 1978. It now is your responsibility and in your best interests they are handed to the relevant person within your organisation.

Yours Faithfully

[YOUR NAME]

Encs:

Copy of bailiff document showing his fees.

If you don't get a refund in seven days or the bailiffs fob you off with excuses, download and complete a Form N1 from the HMCS website. The Defendants are addressed as:

THE MAYOR AND BURGESSES OF [NAME OF COUNCIL] 1st 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 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 and charge a fee for receiving a breakdown of his charges. 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.

Note: The law says the Bailiff can charge a letter fee £11.20, unless the bailiff gives you a certificate of posting this fee can be disregarded.

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

File the Form N1 at you local county court. The claim will be defended (with the same old bailiff's ramblings) and the court will send you an allocation questionnaire. Keep all documents and receipts given to you by the bailiff and await the hearing date. Do not be bullied by bailiffs or the council's barrister to get you to drop the claim. You want ALL your money back plus your costs and interest in CLEARED FUNDS. Go before the Judge and ask for it. When the judge has awarded your judgment, always ask the judge for your "costs of today at the prescribed amount", he'll award you an extra 60-quid on top of your costs. Remember, you are a litigant-in-person and court rules say the judge must advocate for you in court.

When a bailiff defrauds you with his fees he commits an arrestable offence and you have a right to make a criminal complaint to police. Your document is sufficient evidence and the police should at minimum, arrest the bailiff and question him under caution at a police station and the bailiffs DNA goes on the national database!

The Fraud squad

Name of Police Authority

Address 1

Address 2

Address 3

Postcode

DATE

Dear Sir/Madam

Re: Reporting a crime committed under the Fraud Act 2006

I enclose a document given to me by a man saying he is a bailiff firm [and threatened to commit breaking and entering and take property unless I pay him £AMOUNT]. He charged fees £AMOUNT when the law prescribes a fee of £28.

I appreciate the police have a propensity to dismiss bailiff crime to be a civil matter, but the official legal position is the bailiff commits an arrestable offence under the 2006 Fraud Act. Lord Lucas at the House of Lords on 20 April 2007 when he asked HM Government whether it would be right for the police to claim that such an action is a civil and not a criminal matter. The Minister of State, Home Office (Baroness Scotland of Asthal) replied with, inter-alia (quote) 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 (unquote).

Section 1 means by which this offence can be committed is set out in Section 2, on fraud by false representation. This section applies where a person dishonestly makes a false representation and intends, by making the representation, to make a gain for himself or another, or cause a loss to another, or expose another to a risk of loss. It is also possible that, where a bailiff repeatedly charges for work that has not been done, this conduct will amount to fraudulent trading either under Section 9 of the 2006 Act or under the provisions on fraudulent trading in company legislation.

The law can provide reasonable costs in respect of bailiffs transporting goods in a van (attending to remove fee) however no goods have been levied and no document has been signed by me. District Judge Advent on the 9th & 24th September 2008 presiding over Case 8CL51015 Anthony Culligan (Claimant) v 1. Jason Simkin & 2. Marstons (Defendants). The court ruled that (quote) because the bailiff produces no evidence as to how the charge had been arrived then he unable to show that it is reasonable (unquote).

Any offence committed under the 2006 Fraud Act is an arrestable offence under Section 24 of the Police and Criminal Evidence Act 1984. Please assign a crime reference number and I request the crime is investigated professionally and objectively and I am happy to help you in your enquiries and stand as a prosecution witness at trial. I respectfully ask that police do not look for reasons for not investigating a crime or try to conceal it in some way to avoid passing the case to the Crown Prosecution Service.

Yours Sincerely

YOUR NAME

Enc: copy of bailiff document giving contact details

If the police fob you off with excuses or tries a delay tactic, write down the name and rank of the police officer and contact the IPCC and your MP with a written complaint of 'Perverting the Course of Justice'. It is an offence under Section 4 of the Criminal Law Act 1967 to conceal a crime under false pretences. You will then find the police will start cooperating soon enough!


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Thank you for your quick reply and excellent response.

One "stupid" question. Do I have to pay the bailiffs before I claim for a refund from the Council?

Thanks again,

Jason

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if you havnt paid then you dont need to litigate, ust pay the council what is owed. There is ni law as such obligating you to trade with a bailiff.


The next generation Nintendo Wii - the Nintendo Puu

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I have paid them £60 in order to "buy" some time for me to act.

Does this letter then not apply in my current situation?

 

 

Head of Revenue

Borough Council

Address 1

Address 2

Address 3

Postcode

 

[DATE]

 

Dear Sir/Madam

 

Re: Parking ticket [CAR REGISTRATION/PCN] and your bailiffs fees

 

I write following visits by your contractor and upon seeking legal advice I understand he is cheating with his fees and could be committing an offence of fraud.

 

I ask that you pay me the sum of [AMOUNT] within seven days as refund of all unlawful fees and charges. If the authority fails to comply with legislation prescribing bailiffs fees then it is my intention to reclaim them by filing proceedings in the small claims track.

 

As the council is liable for its agents it is my intention to name the council as the principle defendant, however, Court rules require me to give the council reasonable opportunity to settle the claim beforehand.

 

If you wish to settle the claim, please pay me the sum described in the enclosed letter at the above address within seven days from the date of this letter.

 

You may wish to launch an investigation or make your own enquiries; this does not delay the proceedings being filed at Court, and to protect other taxpayers from being defrauded in this way, the case will pass to the Local Government Ombudsman.

 

These documents are delivered by Royal Mail and deem it good service upon you by the ordinary course of post under Section 7 of the Interpretation Act 1978. It now is your responsibility and in your best interests they are handed to the relevant person within your organisation.

 

Yours Faithfully

 

 

[YOUR NAME]

 

Encs:

Copy of bailiff document showing his fees.

 

Do I then complete a N1 Form directly and Reporting a crime committed under the Fraud Act 2006???

Sorry about all the questions, just want to be sure of what I should do!!

 

 

 

 

?

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It's a good starting point, but only if you are litigating both council and bailiff together. Personally I would litigate the liable party – the council, and they can take out their grievance on the bailiff by pulling their contract pending their "investigations".


The next generation Nintendo Wii - the Nintendo Puu

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Will do. Thank you very much for your help. Really appreciated!

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I have sent them the letter and got no reply from the Council. I have tried to make a stage 1 complaint and again the Transport Manager of Reading did not want to hear about anything I had to say and told me to talk to the Bailiffs and she would not do anything about it. I went to the County Court and Magistrate Court and asked for advice regarding the N1 form, but they told me that I cannot do this process as I am not re-claiming back the money because I have not paid them yet. I am still stuck here and I do not know what to do next. I have made a Stage 1 Complaint to the Bailiffs but I do not think that this will resolve to anything! Please advice!

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I have sent them the letter and got no reply from the Council. I have tried to make a stage 1 complaint and again the Transport Manager of Reading did not want to hear about anything I had to say and told me to talk to the Bailiffs and she would not do anything about it. I went to the County Court and Magistrate Court and asked for advice regarding the N1 form, but they told me that I cannot do this process as I am not re-claiming back the money because I have not paid them yet. I am still stuck here and I do not know what to do next. I have made a Stage 1 Complaint to the Bailiffs but I do not think that this will resolve to anything! Please advice!

 

I am sorry but I am really confused by this thread. You filed an Out of Time and this was refused. Did you not appeal on the N244 to seek a review? If not you should certainly have done so.

 

TEC are always saying that they do not need to provide a reason as to why they have refused your application but it is looking increasing like they merely process the rejection from the council. That is why it is so important to appeal. Nearly every case that we see where an appeal has been filed has been accepted !! We also instruct everyon eto request that the court give consideration to ordering that the local authority repay the court fee of £75 and any other expenses that you have had to incur.

 

You say in one thread that you have paid £60 and in another that you have paid £40 to seek a review. Can you elaborate on what application you have actually made.

 

Is the fee of£40 to review the refusal of your Out of Time Stat Dec and if so, was this application sent to TEC or direct to your local county court.

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I am sorry but I am really confused by this thread. You filed an Out of Time and this was refused. Did you not appeal on the N244 to seek a review? If not you should certainly have done so.

 

TEC are always saying that they do not need to provide a reason as to why they have refused your application but it is looking increasing like they merely process the rejection from the council. That is why it is so important to appeal. Nearly every case that we see where an appeal has been filed has been accepted !! We also instruct everyon eto request that the court give consideration to ordering that the local authority repay the court fee of £75 and any other expenses that you have had to incur.

 

You say in one thread that you have paid £60 and in another that you have paid £40 to seek a review. Can you elaborate on what application you have actually made.

 

Is the fee of£40 to review the refusal of your Out of Time Stat Dec and if so, was this application sent to TEC or direct to your local county court.

 

Sorry for the confusion. I have appealed on the N244 and have paid £40 to review the Out of Time Stat Dec without a hearing and this was sent to the TEC which was again refuced. But again no reason was given to me of why it had been refuced.

 

The £60 mentioned were money that I gave to the Baillifs to gain some time and get them of my back.

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Sorry for the confusion. I have appealed on the N244 and have paid £40 to review the Out of Time Stat Dec without a hearing and this was sent to the TEC which was again refuced. But again no reason was given to me of why it had been refuced.

 

The £60 mentioned were money that I gave to the Baillifs to gain some time and get them of my back.

 

 

Thank you for your response which is VERY INTERESTING in that we are also hearing reports that cases are being refused when paying vis the cheaper option at TEC. This fee is paid so that your case can be "reviewed" by a Judge at TEC. Frankly, we NEVER recommend that this option is taken. It is FAR BETTER to attend a hearing and pay the £75 fee so that you can at least MEET the person who is going to be making the decision.

 

With the rejection, was this on a proper Court document or was it in the form of a letter from TEC?

 

Did the letter mention the name of a Judge?

 

If possible, can you provide the wording ( with personal details removed) of the refusal to this appeal.

 

PS: We are advised that you can still pay £75 to take to case to a local County Court.

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With the rejection, was this on a proper Court document or was it in the form of a letter from TEC?

 

Did the letter mention the name of a Judge?

 

If possible, can you provide the wording ( with personal details removed) of the refusal to this appeal.

 

I can't find the letter that was sent to me to see if the Judge's name was mentioned. I will check again at my office. Will it possible to get a copy of that decision from anywhere?

 

I have also read some of your other threads regarding the Warrant of Executions. You mention that the warrant is established on an address, which in my case would be my previous address. Shall I contact the TEC and ask the actual address on the Warrant?

 

On the point of a bailiff amending the warrant to reflect a new address, when the Operational Guidance was released, Lord Lucas raised a Parliamentary Question on this very point to ask on what legal basis can a certificated bailiff alter the address on the warrant.

 

Lord Bassam of Brighton responded as follows:

 

This sentence repeats the guidance given to local authorities in 1995 about decriminalised parking enforcement outside London. It does, however, appear that the sentence has no legal basis and this was not identified in the responses to the consultation on the draft operational guidance. We will amend the guidance and notify those who have already received it.

 

 

As you may know the Operational Guidance replaced the 1/95 Guidance on

Decriminalised Parking Enforcement outside London and is very much much a copy of the 1/95 Guidance.

 

In 1995, the TEC had only just been set up ( initially as the Parking Enforcement Centre) and its purpose was merely as an administration point to register the debt and to authorise a Warrant of Execution. An Out of Time Declaration and N244link3.gif Application was not even thought of.

 

Last year over 50,000 Out of Time Declarations were submitted to TEC.

 

A massive error was made by DfT when releasing this new Guidance. There is a section on informal appeals, formal representation and adjudication.....but the Guidance has LEFT OUT ........

 

ANY REFERENCE WHATSOEVER TO OUT OF TIME DECLARATIONS/N244link3.gif OR THE LOCAL AUTHORITIES ROLE WHEN AN OUT OF TIME IS FILED !!!

 

I have brought this to the attention of DfT etc.....

 

 

I have also attached an e-mail sent to me today.

 

 

Mr Hadjigeorgiou

Further to your email, we note your comments but would point out that we have not made a false statement just a typing error.

You have previously filed an out of time statutory declaration which has been refused and you subsequent appeal against this decision was also refused.

You are therefore liable to pay the outstanding amount of £269.33. If this is not received within seven days we will be proceeding with enforcement action.

Regards

Collect Services Limited

 

 

 

Dear Collect Services,

 

 

 

I am disputing to the local authority regarding my case by making a complaint to the Reading Borough Council regarding the case and the fact that you are making false statements regarding the attendance of the Bailiff (10th of August and not 7th - email and letter) in respect to my letter that you have also received on the 10th and was disregarded, your charges and not receiving the Notice to owner.

 

I wish that you postpone your actions until the matter is sorted.

 

 

 

Regards,

 

Jason Hadjigeorgiou

 

 

 

Which I have replied that even if it is a "typing error" they still do not justify why they did not consider my letter!

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And in addition to their lies again, with the typing error I question if it is a typing error, why are they explaining and I quote from their e-mail:

There is no legal requirement for us to write to you prior to the bailiff attending. We did however send a letter on the 30th July and as we had not received payment or any contact from you a bailiff attended on the 7th August. We could not take into account the letter that you sent as this was not received until the 10th August i.e. three days after the bailiff attended.

 

How is this an error???

 

Please advice!

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I have contacted the TEC to find information about the Warrant and the Refuced appeal. The Warrant has been changed to my new address from the Bailiffs. The name of the Judge is District Judge Oldham. I have asked for a copy of the refuced appeal.

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I have contacted the TEC to find information about the Warrant and the Refuced appeal. The Warrant has been changed to my new address from the Bailiffs. The name of the Judge is District Judge Oldham. I have asked for a copy of the refuced appeal.

 

Are you seriously saying that TEC have confirmed that the Warrant was CHANGED to your new address and that District Judge Oldham REJECTED your application.

 

If so, this is simply dreadful becuse the Judge's role is merely to decided whether you provided "a reason as to WHY you had submitted a Statutory Declaration LATE".

 

When the warrant is authorised, it is sent to the SAME ADDRESS where all previous statutory notices had been sent. Under new CPR rules introduced last year a "local authority" can apply to change the address on a warrant if they have been made aware of a new address. HOWEVER, it cannot be stressed how clear it must be to ANYONE that by changing the warrant, the motorist would not have received all previous notices and would have been unable to either pay the charge or make an appeal!!

 

What is very serious is that the Judge reading the file would have seen that the warrant had been changed and so he SHOULD have known that you had not received any previous notices accordingly, you gave a "good reson" for completing a document late. !! (Possibly, he had NOT be given a copy of the file!!)

 

 

I would seriously suggest that you make a Subject Access Request to TEC for copies of all documents relating to your application to include copies of document sent to the Judge etc.

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My thoughts exactly.

Any comments about their lies? Could you please take a look at my other posts. Thanks for all your help.

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I have contacted the TEC and they said that the only information they given the Judge is the Declaration Form that I have sent them and nothing else. They also suggested to ask for a hearing to the local county court by a District Judge.

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I have contacted the TEC and they said that the only information they given the Judge is the Declaration Form that I have sent them and nothing else. They also suggested to ask for a hearing to the local county court by a District Judge.

 

This is extraordinary and the public should know this !!!

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Any suggestions of how to proceed with this?

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With the rejection, was this on a proper Court document or was it in the form of a letter from TEC?

 

 

If possible, can you provide the wording ( with personal details removed) of the refusal to this appeal.

 

Any news on this?

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I have asked the TEC to resend the letter to me. Will get back to you when I receive it. Thanks,

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Dear Tomtubby,

 

I have tried to contact you through e-mail but did not get a reply. I have a hearing on the 29th of March regarding my case. The Reading Borough Council is basing their case, that I have not changed my V5 registration of the car and it was still registered to my previous address. Will that come against me? The V5 registration was changed around 2 months after the ticket was issued (Ticket issued on the 19th of January - V5 of car was changed mid April). If you could please contact me, as I have some questions that I need to ask as well.

 

Kind regards,

Jason

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