Jump to content


  • Tweets

  • Posts

    • just to be clear here..... the DVLA do not send letters if a drivers licence address differs from any car's V5C that shows the same driver as it's registered keeper.
    • sorry she is a private individual, the cars are parking on her land. she can clamp the cars. only firms were outlawed from doing it bazza. thats what the victims of people dumping cars on their drives near airports did and they didn't not get prosecuted.    
    • The DVLA keeps two records of you. One as a driver and one for your car. If they differ you might find out in around a month when they will send you a reminder as well as to your other half for their car. If you receive nothing then you can be fairly sure that you were tailgating though wouldn't explain why they didn't pick up your car on one of drive past their cameras. However even if you do get a PCN later then your situation will not change. The current PCN does not comply with the Protection of Freedoms Act 2012 Schedule 4 which is the main law that covers private parking. It doesn't comply for two reasons. 1. Section 9 [2][a] states  (2)The notice must— (a)specify the vehicle, the relevant land on which it was parked and the period of parking to which the notice relates; The PCN states 47 minutes which are the arrival and departure times not the time you were actually parked. if you subtract the time you took to drive from the entrance. look for a parking place  park in it perhaps having to manoeuvre a couple of times to fit within the lines and unload the children reloading the children getting seat belts on  driving to the exit stopping for cars pedestrians on the way you may well find that the actual time you were parked was quite likely to be around ten minutes over the required time.  Motorists are allowed a MINIMUM of ten minutes Grace period [something that the rogues in the parking industry conveniently forget-the word minimum] . So it could be that you did not overstay. 2] Sectio9 [2][f]  (ii)the creditor does not know both the name of the driver and a current address for service for the driver, the creditor will (if all the applicable conditions under this Schedule are met) have the right to recover from the keeper so much of that amount as remains unpaid; Your PCN does not include the words in brackets and in 2a the Act included the word "must". Another fail. What those failures mean is that MET cannot transfer the liability to pay the charge from the driver to the keeper. Only the driver is now liable which is why we recommend our members not to appeal. It is so easy to reveal who was driving by saying "when I parked the car" than "when the driver parked the car".  As long as they don't know who was driving they have little chance of winning in court. This is partly because Courts do not accept that the driver and the keeper are the same person. And because anyone with a valid motor insurance policy is able to drive your cars. It is a shame that you are too far away to get photos of the car park signage. It is often poor and quite often the parking rogues lose in Court on their poor signage alone. I hope hat you can now relax and not panic about the PCN. You will receive many letters from Met, their unregulated debt collectors and sixth rate solicitors threatening you with ever higher amounts of money. The poor dears have never read the Act which states quite clearly that the maximum sum that can be charged is the amount on the signs. The Act has only been in force for 12 years so it may take a  few more years for the penny to drop.  You can safely ignore everything they send you unless or until they send you a Letter of Claim. Just come back to us if they do send one of those love letters to you and we will advise on a snotty letter to send them. In the meantime go on and enjoy your life. Continue reading other threads and if you do get any worrying letters let us know. 
    • Hopefully the ANPR cameras didn't pick up the two vehicles, but I don't think you're out of the woods just yet. MET's "work" consists of sending out hundreds of these invoices every week so yours might be a few days behind your partner's. There is also the matter of Royal Mail.  I once sold two second-hand books to someone on eBay.  Weirdly the cost of sending them separately was less than the cost of sending them in one parcel.  So to save a few bob I sent them seperately.  One turned up the next day.  One arrived after four days.  They were  sent from the same post office at the same time! But let's hope I'm being too pessimistic. Please update us of any developments.
  • Recommended Topics

  • Our picks

    • If you are buying a used car – you need to read this survival guide.
      • 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
      • 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

style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 5107 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

I walked out of my door to be met by a Ross and Roberts agent.

 

He says I owe the council £145.34

l

Not I have an invoice for £124.34 arrears

levy fee £ 26

Statutary walking possession notice £12.00

1st visit £ 24.50

2nd visit £18.00

Total £204.84

 

and he has listed my next door neighbours cars as chattels that have been impounded...

 

If I go in tomorrow and pay the council what I still owe them can anyone tell me if i will owe him anything?

Link to post
Share on other sites

Hiya

 

First thoughts on your postiing!

 

If the bailiff levied on your neighbour's vehicle, then the levy is invalid. You should inform the bailiff company and the council in writing. An invalid levy also invalidates the levy fee and this should be cancelled. A simple DVLA check would inform the bailiff that the vehicle does not belong to you. It is unlawful for the bailiff to seize that vehicle before completing a check although he can "assume" that the vehicle is yours - wrongly of course! Onus is on the owner of the vehicle to prove ownership. If the bailiff does seize the vehicle, the owner can claim compensation, reimbursement for any damage, hire vehicle if necessary, etc.

 

I would find out how much the liability order is for. I believe, if you pay the council immediately, that the bailiff can only then charge for 1st visit fee - £24.50.

 

Pay the council online - you'll then have a receipt. Don't bother phoning the bailiff, keep everything in writing.

 

Meanwhile, keep your windows and doors locked and if you have a vehicle, move it well away from your property. Might also be prudent to move anything of value from your garden etc and lock it away.

 

Bailiffs aren't very bright. With the support and advice of fellow CAGgers, you're in good hands.

 

Best of luck!

 

 

Impecunious! :)

Link to post
Share on other sites

I will be walking into the council with cash tomorrow morning SO that i know it has been paid in full and can check what else I need to pay. The bloke is cross because I keep paying the council not them, so they get no fees from me, hence why he is like this. I have been charged for this bill included in another total amount but have never paid them any fees.

 

If it says 3 days does that mean he won't be back before then?

Link to post
Share on other sites

Bailiffs aren't reknown for keeping their word!!

 

I believe that even if you pay the council directly you will still be liable for the 1st visit fee. Of course, whether you wish to pay that or not is your decision.

 

I believe that the council may pay the bailiffs direct for your 1st visit fee of £24.50 -- I know your invoice was for 1st and 2nd visit fees + unlawful levy etc. In which case, your full liability won't have been satisfied and the bailiffs will still pursue you.

 

I hope someone else can clarify for you.

 

Impecunious! :)

 

P.S. If you go in person, the council will probably tell you to deal with the bailiffs - that's why paying online is preferable.

Link to post
Share on other sites

mine just take the account number and payment on the account, then they inform the bayliff it has been paid.

 

So what do I do pay the council extra? as I read that once the council have been paid in full the Bayliff have to get their fees from the council not me, Is this correct?

Link to post
Share on other sites

I should imagine that as the bailiffs have already visited you - 1st visit - they are entitled to their fees. (Obviously not the invalid levy fee or thet 2nd visit fee but you will have to notify them of your objections.)

 

I believe the council will pay the bailiffs from the money you pay in - therefore your full liability won't be satisfied.

 

It's all a nonsense really but needs must!

 

 

Impecunious! :)

Link to post
Share on other sites

I should imagine that as the bailiffs have already visited you - 1st visit - they are entitled to their fees. (Obviously not the invalid levy fee or thet 2nd visit fee but you will have to notify them of your objections.)

 

I have a second letter in with the first saying he was charging for a default removal notice £110 this is now not included in the £204.84 notice of seizure of goods and inventory.

 

I believe the council will pay the bailiffs from the money you pay in - therefore your full liability won't be satisfied.

 

Sorry if I pay the council the £24.50 first visit free do I still owe all the others? and I never signed anything so can he charge walking leve?

It's all a nonsense really but needs must!

 

 

Impecunious! :)

 

Thanks

Link to post
Share on other sites

If the bailiff has only visited the once then all you owe is the first visit fee. It is an invalid levy so he cannot charge for this. you need to inform the council in writing that the bailiff levied on a car that is not yours. Pay the council what you owe them plus the first visit fee. I would then write to the bailiff company stating monies have been paid in full plus the fee of the first and only visit that was made. by the way they cannot charge for a levy fee and a visit fee on the first visit, they can only charge one or the other. I would email them as well as writing to them.

Link to post
Share on other sites

That's what I thought, have looked around and will do as you say and get this noted by the council when I pay in the morning. If you could have seen him he was really cross and shouting I had to pay and had no choice, he never normally gets to see me, so I think the fact that I locked him out while i got some shoes and then just walked to school when he thought I was going to drive the car away, made him so cross.

 

By the way does he still get paid if all the extra fees he keeps adding on never get paid?

Link to post
Share on other sites

He seems to pop up once every few months I was paying it at £50 a month to the company but missed a payment by 2 days and he turned up. Got a letter saying he would charge so as I had sent a cheque which they returned the day after he visited they reset it up, then due to a bank holiday delaying my tax credits he turned up again, never seen him before, so went and paid the outstanding of the £345 he said I owed so he had to cancel the £110 fees he tried to charge last time. This time as I opened the door to get my daughter from school he was just about to knock, he phoned the council who Said i still owe £145 so I said I would pay it tomorrow he got cross and said I'm going to leve your car, I just walked off.

 

Then he just have put the letter through the door, so not sure if it was a first visit on a new amount they were trying to collect or monies still owed from the last one, anyway I am going to pay tomorrow. As I said the car isn;t mine it belongs to next door so will pay and also have his letter forwarded too the Chief Exect at the council as I know he was only doing it to be spiteful, because i wasn't scared of him.

Link to post
Share on other sites

I walked out of my door to be met by a Ross and Roberts agent.

 

He says I owe the council £145.34

He says - never believe what he says - contact the Council and find out how much your original Liability Order was for and how much is still outstanding

 

l

Not I have an invoice for £124.34 arrears

levy fee £ 26

Statutary walking possession notice £12.00

 

Did you sign the WPA - if not he can't charge the fee?

 

1st visit £ 24.50

2nd visit £18.00

Total £204.84

 

At which stage was the levy made - 1st or 2nd visit or done at a later date to these?

 

and he has listed my next door neighbours cars as chattels that have been impounded...

 

If I go in tomorrow and pay the council what I still owe them can anyone tell me if i will owe him anything?

 

PT

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

 

[sIGPIC][/sIGPIC]

 

Link to post
Share on other sites

He seems to pop up once every few months I was paying it at £50 a month to the company but missed a payment by 2 days and he turned up. Got a letter saying he would charge so as I had sent a cheque which they returned the day after he visited they reset it up, then due to a bank holiday delaying my tax credits he turned up again, never seen him before, so went and paid the outstanding of the £345 he said I owed so he had to cancel the £110 fees he tried to charge last time. This time as I opened the door to get my daughter from school he was just about to knock, he phoned the council who Said i still owe £145 so I said I would pay it tomorrow he got cross and said I'm going to leve your car, I just walked off.

 

Then he just have put the letter through the door, so not sure if it was a first visit on a new amount they were trying to collect or monies still owed from the last one, anyway I am going to pay tomorrow. As I said the car isn;t mine it belongs to next door so will pay and also have his letter forwarded too the Chief Exect at the council as I know he was only doing it to be spiteful, because i wasn't scared of him.

 

 

The matter of a bailiff levying upon a car that is not owned by you is the subject of a recent article by the Senior Investigation Officer at the Local Government Ombudsman. See the link below to a sticky that I posted here on CAG a week ago.

 

http://www.consumeractiongroup.co.uk/forum/bailiffs-sheriff-officers/262730-has-bailiff-levied-upon.html

 

You should print a copy and send with your FORMAL COMPLAINT to the CHIEF EXECUTIVE of your local authority.

 

When you visit tomorrow you will need to pay either £24.50 or £42.50 for two visits for "attending to levy (where no levy was made).

Link to post
Share on other sites

On the back it says my bill was £145.00 which I thought was the £124.50 plus the 1st leve £24.5 so you say pay that. to clear the council bill.

 

If I still owe them fees of £18.50 for a second visit that is their fees on top can they charge me to collect their own fees?

Link to post
Share on other sites

On the back it says my bill was £145.00 which I thought was the £124.50 plus the 1st leve £24.5 so you say pay that. to clear the council bill.

 

If I still owe them fees of £18.50 for a second visit that is their fees on top can they charge me to collect their own fees?

 

Point taken. Wait until you are at the council offices and let them tell you the amount of the Liability Order. Most local authorities also have online access to their enforcement companies computer system so that they can confirm what visits have been made and the relevant charges.

Link to post
Share on other sites

Point taken. Wait until you are at the council offices and let them tell you the amount of the Liability Order. Most local authorities also have online access to their enforcement companies computer system so that they can confirm what visits have been made and the relevant charges.

 

They keep that info quiet..

Link to post
Share on other sites

can they charge me to collect their own fees?

 

As far as I can see what happens is: If for example you owe £250 to the council and you give the bailiff £250. they allocate the money to the fees IN TOTAL first then what ever remains they send to council, they take their money first (as per the contract I guess).

 

and/or

 

If you give the council the £250 I "presume" they are obliged to give the bailiff what is due then keep the rest (and then come back to you and ask for any that is outstanding or use the bailiff again, ad infinitum, more fees possibly, etc.

 

I have two computer screen print outs from Ross and Roberts showing this. I gave them £300 quid or and they only gave council £60, ridiculous! (from a council collection perspective)

 

Hope it helps,

Sew

Link to post
Share on other sites

Been in and paid £145 over the counter as cash, and now Ross and Roberts can do what ever they like as I owe them nothing. Got it confirmed by the council who told the bayliff off for what he did.

 

Thanks for your help Guys and Gals

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...