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    • Well we can't predict what the judge will believe. PE will say that they responded in the deadline and you will say they don't. Nobody can tell what a random DJ will decide. However if you go for an OOC settlement you should still be able to get some money
    • What do you guys think the chances are for her?   She followed the law, they didnt, then they engage in deception, would the judge take kindly to being lied to by these clowns? If we have a case then we should proceed and not allow these blatant dishonest cheaters to succeed 
    • I have looked at the car park and it is quite clearly marked that it is  pay to park  and advising that there are cameras installed so kind of difficult to dispute that. On the other hand it doesn't appear to state at the entrance what the charge is for breaching their rules. However they do have a load of writing in the two notices under the entrance sign which it would help if you could photograph legible copies of them. Also legible photos of the signs inside the car park as well as legible photos of the payment signs. I say legible because the wording of their signs is very important as to whether they have formed a contract with motorists. For example the entrance sign itself doe not offer a contract because it states the T&Cs are inside the car park. But the the two signs below may change that situation which is why we would like to see them. I have looked at their Notice to Keeper which is pretty close to what it should say apart from one item. Under the Protection of Freedoms Act 2012 Schedule 4 Section 9 [2]a] the PCN should specify the period of parking. It doesn't. It does show the ANPR times but that includes driving from the entrance to the parking spot and then from the parking place to the exit. I know that this is a small car park but the Act is quite clear that the parking period must be specified. That failure means that the keeper is no longer responsible for the charge, only the driver is now liable to pay. Should this ever go to Court , Judges do not accept that the driver and the keeper are the same person so ECP will have their work cut out deciding who was driving. As long as they do not know, it will be difficult for them to win in Court which is one reason why we advise not to appeal since the appeal can lead to them finding out at times that the driver  and the keeper were the same person. You will get loads of threats from ECP and their sixth rate debt collectors and solicitors. They will also keep quoting ever higher amounts owed. Do not worry, the maximum. they can charge is the amount on the sign. Anything over that is unlawful. You can safely ignore the drivel from the Drips but come back to us should you receive a Letter of Claim. That will be the Snotty letter time.
    • please stop using @username - sends unnecessary alerts to people. everyone that's posted on your thread inc you gets an automatic email alert when someone else posts.  
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Letter from Police regarding bailiff fraud


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Peels Rules of Policing:

 

  • The basic mission for which the police exist is to prevent crime and disorder.

 

  • The ability of the police to perform their duties is dependent upon public approval of police actions.

 

  • Police must secure the willing co-operation of the public in voluntary observance of the law to be able to secure and maintain the respect of the public.

 

  • The degree of co-operation of the public that can be secured diminishes proportionately to the necessity of the use of physical force.

 

  • Police seek and preserve public favour not by catering to public opinion but by constantly demonstrating absolute impartial service to the law.

 

  • Police use physical force to the extent necessary to secure observance of the law or to restore order only when the exercise of persuasion, advice and warning is found to be insufficient.

 

  • Police, at all times, should maintain a relationship with the public that gives reality to the historic tradition that the police are the public and the public are the police; the police being only members of the public who are paid to give full-time attention to duties which are incumbent on every citizen in the interests of community welfare and existence.

 

  • Police should always direct their action strictly towards their functions and never appear to usurp the powers of the judiciary.

 

  • The test of police efficiency is the absence of crime and disorder, not the visible evidence of police action in dealing with it.

Where did it all go wrong I wonder

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Jon Cris - interesting post, but unfortuantely, the UK is now so corrupt that NO authority knows what the hell is going on.

 

Forget global warming, its just something to talk about. Efficient authority control is already in slow meltdown because NO ONE really knows what the hell is going on, and everything these days is made up 'on the day'

 

In other words, its all bull*hit mate.

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I also asked the Inspector, - so i could be charged £50,000 fees for a £1,000 debt then?

 

The answer, - 'yes of course'

 

when its got this bad maybe we should all spend time whittling canoes from old pallet wood to escape this island?

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Love to wonkey but not sure where to go next - fed up with fishing for minnows -

i love a good letter writing session, or indeed phonecall, but want to go to the top, and make as much noise as possible doing so

 

Why not start at the top with support from the press, I think the Telegraph did an excellent job on the MP Expenses could they perhaps be persueded to investigate just how much in the dark our senior police officers are in understanding and interpreting the law.

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I also asked the Inspector, - so i could be charged £50,000 fees for a £1,000 debt then?

 

The answer, - 'yes of course'

 

when its got this bad maybe we should all spend time whittling canoes from old pallet wood to escape this island?

Was his name Clouseau by any chance? Another incompetent, bungling buffoon! :confused:
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I am assuming you used the Happy Contrails police/bailiff crime complaint letter and you posted their reply. Do not phone.

 

Dear Sirs,

 

Thank you for your letter of [DATE] received by me today.

 

I regret my complaint remains unresolved on the following points you made in your letter. This is because your letter says the police is satisfied no criminal offence has been committed. There are four counts of fraud by false representation and all are well within the remit of Sections 1 to 5 of the Fraud Act 2006 and supported by a ruling Attorney General for England and Wales in the House of Lords on 20 April 2007. It is not for a police officer to rebuke an Act of Parliament in this way.

 

You mentioned Porterage, this I understand is transporting a debtors goods from one location to another and the bailiff compensated himself using the reasonable Costs clause in the legislation. Unfortunately the bailiff did not transport any goods, and by dishonestly charging a fee for work not done commits an offence of fraud by false representation.

 

You interpret the bailiff can charge whatever see they see appropriate, however the legislation only provides for reasonable costs, this means the bailiff needs to show an actual disbursement and does not provide for bailiffs to make a gain for himself of another. Judge Avent presiding over Culligan v s Marston Group said a bailiff who fails to give a breakdown of his fees cannot show it is reasonable costs. Since no goods were moved and no actual disbursements made, but if the bailiff charges a fee under the pretence it is reasonable costs commits an offence of fraud by false representation.

 

The bailiff was collecting from my company, and sought to obtain money from me personally and is pretending my personal property is property of the company, and intended to convert that property to his own use, for another. Again, this is fraud by false representation and may also be an offence under the 1968 Theft Act.

 

You indicated bailiffs have no ceiling for their fees they can charge to a debtor, this suggest the police accept a bailiff can demand unlimited money, and this negates the very purpose of having a police force – crime prevention. If this is the police interpretation of the law then anyone can purchase a debt, transfer it up and charge fees carte-blanche and defraud the public routinely and systematically by pretending their fees are reasonable costs knowing the police will tolerate bailiff crime.

 

I therefore ask this complaint is logged as being unresolved. I now request the crime is properly investigated. There is no reason why the police should looki for reasons to pretend no crime exists.

 

If the p;olice is still unable or unwilling to investigate the crime, please let me know with the reasons, and I will escalate the complaint to one of Perverting the Course of Justice with the Independent Police Complaints Commission.

 

Only if the police work together with the community can we end the pandemic of bailiff fraud.

 

Yours Truly,

 

Please keep us updated with your progress.

 

 

The next generation Nintendo Wii - the Nintendo Puu

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