Jump to content


  • Tweets

  • Posts

    • 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.  
    • he Fraser group own Robin park in Wigan. The CEO's email  is  [email protected]
    • Yes, it was, but in practice we've found time after time that judges will not rule against PPCs solely on the lack of PP.  They should - but they don't.  We include illegal signage in WSs, but more as a tactic to show the PPC up as spvis rather than in the hope that the judge will act on that one point alone. But sue them for what?  They haven't really done much apart from sending you stupid letters. Breach of GDPR?  It could be argued they knew you had Supremacy of Contact but it's a a long shot. Trespass to your vehicle?  I know someone on the Parking Prankster blog did that but it's one case out of thousands. Surely best to defy them and put the onus on them to sue you.  Make them carry the risk.  And if they finally do - smash them. If you want, I suppose you could have a laugh at the MA's expense.  Tell them about the criminality they have endorsed and give them 24 hours to have your tickets cancelled and have the signs removed - otherwise you will contact the council to start enforcement for breach of planning permission.
    • Developing computer games can be wildly expensive so some hope that AI can cut the cost.View the full article
  • Recommended Topics

  • Our picks

    • If you are buying a used car – you need to read this survival guide.
        • Like
      • 1 reply
    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
        • Like
      • 161 replies
    • 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.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
        • Like
  • Recommended Topics

Car Just Been Taken, Please Please Help If U Can I Beg U


style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 5006 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

And, nice and quickly just got this response from said Mr C (HCEO, Operations Director)

"We acknowledge your email and not the content therein.

This matter has been passed for my attention

I shall review the documents you have attached and respond accordingly in due course.

Yours faithfully

 

xxxxx xxxxxxxx"

 

 

Hmmmmm....... I think he meant "note" not "not"

 

 

X

Link to post
Share on other sites

  • 2 weeks later...
  • Replies 255
  • Created
  • Last Reply

Top Posters In This Topic

Top Posters In This Topic

Just received the breakdown of fees, costs and charges

 

Further to your recent request, we would confirm that the fees charged under schedule 3, regulation 13 of the High Court Enforcement Officers Regulations 2004 are as follows :

 

Visit 1 -

Fee 13.1 Percentage Fee £91.46

Fee 13.6.2b Levy/Inventory Fee £194.75

Fee 12 Administration Services Fee £299.13

 

Visit 2

Fee 12 Attendance to remove fee £520.00

Fee 12 Porterage Fee £125.00

 

Visit 3

Fee 12 Attendance to remove fee £520.00

Fee 12 DVLA check £15.00

 

Visit 4

Fee 12 Attendance to remove fee £520.00

Fee 12 HPI Vehicle Check £15.00

Fee 12 Tow Truck Fee £90.00

 

VAT thereon: £358.55

 

 

 

Ok firstly, we were only aware of 3 visits, the first to partners work, no levy or anything signed, the second to our home and we were out (bringing my baby boy home from hospital) again, no levy and nothing signed and the third when they took the car...

 

Any advice GREATLY appreciated, im googling the regs 2004 and will post if I find anything,

 

 

HH XXXXXXXXXX

Edited by hardworking_harddoneby
Link to post
Share on other sites

It's unbelievable how people with finances problems are treated in this country! the less you got the more they want. And the police? they tell you that it's not crime so it's not their business.

 

I'm disgusted on reading stories like this one! A country of great real people been often used as rug by authorised money sharks.

 

Is like you are not allowed to make a mistake and if you do they make in sure that you always regret it.

 

Sorry for the above lines

My hart is with you and your family Sarah as I'm also experiencing something similar that it's getting out of control.

Best of luck

Link to post
Share on other sites

It's unbelievable how people with finances problems are treated in this country! the less you got the more they want. And the police? they tell you that it's not crime so it's not their business.

 

I'm disgusted on reading stories like this one! A country of great real people been often used as rug by authorised money sharks.

 

Is like you are not allowed to make a mistake and if you do they make in sure that you always regret it.

 

Sorry for the above lines

My hart is with you and your family Sarah as I'm also experiencing something similar that it's getting out of control.

Best of luck

 

 

Hi Digitaly,

Yes we've suffered some hardships, I know its our own fault, and we should pay what we owe, its the way it is done though, we hid because I didnt know of this forum or indeed our rights at all, and we were led to believe no installments were allowed it was the full amount or they tzake everything we own.... therefore we hid petrified of anyone knocking at our door for months, it was and is awful. When im sorted out I will be making everything public, i have nothing to lose,

I'll have a look at your thread, hope you fighting it too xxxxx

XXXXX

Link to post
Share on other sites

You know what I learn from this? that when someone small like a little business has to lie rip people off to bring up some food on the table and we call them (b****rds). The true is that they are just trying to survive in this jungle. No lie! no business! you honest? you bankrupted before even starting.

 

Banks own you and own me! we are slave of this locked system that survive on less privileged people. It's all about making and producing money. They have to come from somewhere!.

 

So let's pay this time and make them pay on the next occasion. Thanks to the internet we now are more aware and awake.

 

I will never sign any paper without understanding every single term ever again. Never trust sellers promises verbally.

:-(

Link to post
Share on other sites

Just received the breakdown of fees, costs and charges

 

Further to your recent request, we would confirm that the fees charged under schedule 3, regulation 13 of the High Court Enforcement Officers Regulations 2004 are as follows :

 

Visit 1 -

Fee 13.1 Percentage Fee £91.46

Fee 13.6.2b Levy/Inventory Fee £194.75

Fee 12 Administration Services Fee £299.13

 

Visit 2

Fee 12 Attendance to remove fee £520.00

Fee 12 Porterage Fee £125.00

 

Visit 3

Fee 12 Attendance to remove fee £520.00

Fee 12 DVLA check £15.00

 

Visit 4

Fee 12 Attendance to remove fee £520.00

Fee 12 HPI Vehicle Check £15.00

Fee 12 Tow Truck Fee £90.00

 

VAT thereon: £358.55

 

 

 

Ok firstly, we were only aware of 3 visits, the first to partners work, no levy or anything signed, the second to our home and we were out (bringing my baby boy home from hospital) again, no levy and nothing signed and the third when they took the car...

 

Any advice GREATLY appreciated, im googling the regs 2004 and will post if I find anything,

 

 

HH XXXXXXXXXX

 

 

Also, maths not my strong point but I make the VAT on the above £418.30

 

The paperwork that the officers have left are very different to the above too,

 

xxx

Link to post
Share on other sites

depending on the dates of visits etc

you could be paying 2 rates of vat

what rate did you calculate at 15% or 17.5

 

actually thinking about it it should be all charged at 15%

 

 

Hi Hallowitch,

I calculated it using 17.5%

 

I have all paperwork here that they left on 3 visits and the recent letter, i'll upload them when I can.

 

I know this is a different issue to collecting council tax but surely £520 attendance to remove fee when they removed zilch is extortion?

 

 

xx

Link to post
Share on other sites

ploddertom and Lets fight bailiffs are the ones to help you with HCE charges but yes i totally agree £520 + per visit is extortionate

 

 

Yeah I hope they come on and see this soon, we have our set aside hearing this friday, now writing up a timeline of events and facts to give to the judge.

 

I need to also know that if the judgement was £3000 (give or take) and the fees are £3000 (give or take) and they sold the car for £3000 (g or t) that the car value will go towards the bailiffs fees first, so in theory although we have a stay of enforcement, we still owe the total judgement to the claimant but with the sale of the car we have paid off the fees?

All this will be going to the district judge tomorrow ready for the set aside, so I need to be clear :)

 

 

xxxxxxxx

Link to post
Share on other sites

Hi, not really got anything to offer but my support. Life sometimes kicks us in the teeth and then some leech turns up and wants the dentures. [do you know, I have no idea what that means,lol] Just saying keep fighting and when they're old enough to understand, your kids will be so proud of you.

Link to post
Share on other sites

I've taken the time to re-read the whole thread again as I've inadvertently deleted a whole load of files from the PC and can't remember too much of what we said in PM's.

 

Although you have the breakdown of fees from the HCEO Company I believe you are still short of a few things and hope you don't mind if we go back over them as I think they may be relevant to your whole saga.

 

Set Aside

1. The CCJ - have you seen sight of this yet as the figures on that I think can be challenged. In the posts you say 2 months owing but they have done you for nearly 3 times this much.

 

2. Your Deposit - what happened to this. Was it used to reduce your debt or is it still being held by the Landlord or another party.

 

Both of these points may be used at your Set Aside hearing and you may find a more knowledgeable Judge may defer your Hearing to a later date in order to allow the Claimant a reply if they can't explain on the day. Of course the best thing to happen is if the Claimant doesn't turn up at all.

 

Don't forget to be ready for the most important question you may be asked and that is how you expect to pay the original debt. Also if you win don't forget to ask if you can claim costs for the action which can then be deducted from what you owe.

 

Don't forget that although the actions/charges of the HCEO have no direct bearing on your Set Aside the fact your car was seized and subsequently sold does as there is a sum of money resting on it.

 

HCEO Fees

Is it possible you can scan the actual documents and post them - try Photobucket - you need to remove all personal details though. The next step is to send them a Subject Access Request asking for any & all information they hold on you - costs £10. They have 40 days to comply but this should reveal much more information as to when and at time charges were added.

 

Do you have any dates you can put against the charges listed at present. I think if challenged some of these would be reduced /scrapped but you need further information as outlined above first.

 

PT

Please consider making a small donation to help keep this site running

 

[sIGPIC][/sIGPIC]

 

Link to post
Share on other sites

I've taken the time to re-read the whole thread again as I've inadvertently deleted a whole load of files from the PC and can't remember too much of what we said in PM's.

 

Although you have the breakdown of fees from the HCEO Company I believe you are still short of a few things and hope you don't mind if we go back over them as I think they may be relevant to your whole saga.

 

Set Aside

1. The CCJ - have you seen sight of this yet as the figures on that I think can be challenged. In the posts you say 2 months owing but they have done you for nearly 3 times this much. Called court and requested copy of this, took details but havent seen / heard anything yet, will call again tomorrow see if we can pick one up?

2. Your Deposit - what happened to this. Was it used to reduce your debt or is it still being held by the Landlord or another party. We will bring this up at the set aside hearing, we still dont know how to contact claimant, the solicitor way back when we were still in the house had said they would take it to cover the arrears.. and then we left property there of value aswell, stupidly but in good faith with good intentions.

 

Both of these points may be used at your Set Aside hearing and you may find a more knowledgeable Judge may defer your Hearing to a later date in order to allow the Claimant a reply if they can't explain on the day. Of course the best thing to happen is if the Claimant doesn't turn up at all.

 

Don't forget to be ready for the most important question you may be asked and that is how you expect to pay the original debt. Also if you win don't forget to ask if you can claim costs for the action which can then be deducted from what you owe. Thats what i was wondering about the cars value and who that goes to pay first, we intend to tell the judge that if we recover fees from hce's then we will use the money to pay the debt.

 

Don't forget that although the actions/charges of the HCEO have no direct bearing on your Set Aside the fact your car was seized and subsequently sold does as there is a sum of money resting on it. As above? We did do a suspension of a warrant and/or variation of an order request that showed we could afford no more than £5 per month.

 

HCEO Fees

Is it possible you can scan the actual documents and post them - try Photobucket - you need to remove all personal details though. The next step is to send them a Subject Access Request asking for any & all information they hold on you - costs £10. They have 40 days to comply but this should reveal much more information as to when and at time charges were added. will do, £10 is alot of money at the moment but as soon as we can get a postal order, will be in the post...

 

Do you have any dates you can put against the charges listed at present. I think if challenged some of these would be reduced /scrapped but you need further information as outlined above first. Should all be coming on photobucket xxxxxxxxxxxxxxxxxxxxx

 

PT

 

Hi PT,

 

Thanks so much for your reply, I don't mind going over things again if it all helps.... I'm scanning at the moment,

theyll all be on soon xxxxxxxxx

Link to post
Share on other sites

reputation_pos.gif

 

icon1.gif Re: Car Just Been Taken, Please Please Help If U Can I Beg U

Quote:

Originally Posted by ploddertom viewpost.gif

I've taken the time to re-read the whole thread again as I've inadvertently deleted a whole load of files from the PC and can't remember too much of what we said in PM's.

 

Although you have the breakdown of fees from the HCEO Company I believe you are still short of a few things and hope you don't mind if we go back over them as I think they may be relevant to your whole saga.

 

Set Aside

1. The CCJ - have you seen sight of this yet as the figures on that I think can be challenged. In the posts you say 2 months owing but they have done you for nearly 3 times this much. Called court and requested copy of this, took details but havent seen / heard anything yet, will call again tomorrow see if we can pick one up?

 

Good idea

 

2. Your Deposit - what happened to this. Was it used to reduce your debt or is it still being held by the Landlord or another party. We will bring this up at the set aside hearing, we still dont know how to contact claimant, the solicitor way back when we were still in the house had said they would take it to cover the arrears.. and then we left property there of value aswell, stupidly but in good faith with good intentions.

 

How have you served this application on the Claimant? It may be that you can claim for the goods that were left but not sure on this

 

Both of these points may be used at your Set Aside hearing and you may find a more knowledgeable Judge may defer your Hearing to a later date in order to allow the Claimant a reply if they can't explain on the day. Of course the best thing to happen is if the Claimant doesn't turn up at all.

 

Don't forget to be ready for the most important question you may be asked and that is how you expect to pay the original debt. Also if you win don't forget to ask if you can claim costs for the action which can then be deducted from what you owe. Thats what i was wondering about the cars value and who that goes to pay first, we intend to tell the judge that if we recover fees from hce's then we will use the money to pay the debt.

 

Have you actually paid any of the HCEO fees yet?

 

Don't forget that although the actions/charges of the HCEO have no direct bearing on your Set Aside the fact your car was seized and subsequently sold does as there is a sum of money resting on it. As above? We did do a suspension of a warrant and/or variation of an order request that showed we could afford no more than £5 per month.

 

HCEO Fees

Is it possible you can scan the actual documents and post them - try Photobucket - you need to remove all personal details though. The next step is to send them a Subject Access Request asking for any & all information they hold on you - costs £10. They have 40 days to comply but this should reveal much more information as to when and at time charges were added. will do, £10 is alot of money at the moment but as soon as we can get a postal order, will be in the post...

 

Do you have any dates you can put against the charges listed at present. I think if challenged some of these would be reduced /scrapped but you need further information as outlined above first. Should all be coming on photobucket xxxxxxxxxxxxxxxxxxxxx

 

PT

Please consider making a small donation to help keep this site running

 

[sIGPIC][/sIGPIC]

 

Link to post
Share on other sites

did he just write all goods required to cover debt

without listing the car

 

 

Yeah, that was first contact when partner was at work, had no car with him anyway.

 

We have never had anything with the car on it, not even the final peice of paper says about the car.

 

 

xxxxxx

Link to post
Share on other sites

reputation_pos.gif

 

icon1.gif Re: Car Just Been Taken, Please Please Help If U Can I Beg U

Quote:

Originally Posted by ploddertom viewpost.gif

I've taken the time to re-read the whole thread again as I've inadvertently deleted a whole load of files from the PC and can't remember too much of what we said in PM's.

 

Although you have the breakdown of fees from the HCEO Company I believe you are still short of a few things and hope you don't mind if we go back over them as I think they may be relevant to your whole saga.

 

Set Aside

1. The CCJ - have you seen sight of this yet as the figures on that I think can be challenged. In the posts you say 2 months owing but they have done you for nearly 3 times this much. Called court and requested copy of this, took details but havent seen / heard anything yet, will call again tomorrow see if we can pick one up?

 

Good idea

 

2. Your Deposit - what happened to this. Was it used to reduce your debt or is it still being held by the Landlord or another party. We will bring this up at the set aside hearing, we still dont know how to contact claimant, the solicitor way back when we were still in the house had said they would take it to cover the arrears.. and then we left property there of value aswell, stupidly but in good faith with good intentions.

 

How have you served this application on the Claimant? It may be that you can claim for the goods that were left but not sure on this

We sent a copy to the court and SHCE ltd as we have no address.

 

Both of these points may be used at your Set Aside hearing and you may find a more knowledgeable Judge may defer your Hearing to a later date in order to allow the Claimant a reply if they can't explain on the day. Of course the best thing to happen is if the Claimant doesn't turn up at all.

 

Don't forget to be ready for the most important question you may be asked and that is how you expect to pay the original debt. Also if you win don't forget to ask if you can claim costs for the action which can then be deducted from what you owe. Thats what i was wondering about the cars value and who that goes to pay first, we intend to tell the judge that if we recover fees from hce's then we will use the money to pay the debt.

 

Have you actually paid any of the HCEO fees yet?

This is what I'm unsure of, there is money from the sale of the car but we have no idea if this pays the debt or the fees first.

 

Don't forget that although the actions/charges of the HCEO have no direct bearing on your Set Aside the fact your car was seized and subsequently sold does as there is a sum of money resting on it. As above? We did do a suspension of a warrant and/or variation of an order request that showed we could afford no more than £5 per month.

 

HCEO Fees

Is it possible you can scan the actual documents and post them - try Photobucket - you need to remove all personal details though. The next step is to send them a Subject Access Request asking for any & all information they hold on you - costs £10. They have 40 days to comply but this should reveal much more information as to when and at time charges were added. will do, £10 is alot of money at the moment but as soon as we can get a postal order, will be in the post...

 

Do you have any dates you can put against the charges listed at present. I think if challenged some of these would be reduced /scrapped but you need further information as outlined above first. Should all be coming on photobucket xxxxxxxxxxxxxxxxxxxxx

 

PT

 

 

Thanks again PT XXXX

Link to post
Share on other sites

Hi everyone,

Had trouble posting all weekend but hopefully all is ok now,

 

Well, we got an order from the judge through the post on saturday,

 

"it is ordered that further enforcement of thr judgment be stayed pending the decision on the Defendants application to set aside judgement.

Defendants application to set aside judgement is listed.... 12 Feb 2010..

 

 

Did you get the set aside?

This is one of the longest posts here, really hope it all went to plan,please let us know.:-)

Link to post
Share on other sites

Did you get the set aside?

This is one of the longest posts here, really hope it all went to plan,please let us know.:-)

 

Hi Wesh

 

I am sure HW won't mind me answering this post. The court decided that due to the lapse in the time scale they could not set aside.

 

The matter is still ongoing and it is thought best this post remains dormant for the moment. I can tell you the poster is in very high spirit and was grateful for all the help they received on cag and looks forward to popping in to update you all in the near future.

 

WD

Link to post
Share on other sites

Thanks for letting us all know WD,

Let HW know that we are thinking of her.

 

I thought from reading the thread that there was a good case being put forward on the set aside,and then to be stopped for being out of time must be so frustrating:|

Did the courts give any help or direction as where to go next?

 

Good luck in the future:)

Link to post
Share on other sites

Thanks for letting us all know WD,

Let HW know that we are thinking of her.

 

I thought from reading the thread that there was a good case being put forward on the set aside,and then to be stopped for being out of time must be so frustrating:|

Did the courts give any help or direction as where to go next?

they helped indirectly and op is happy with the result

Good luck in the future:)

 

I will pass your good wishes on to her:)

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...