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


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      GroupNexus ANCR PCN arrived too late but do I have to prove it and if so how?

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      Hi I received a Parking Charge letter to keeper on Monday 15/04/24, the 17th day after the alleged incident. My understanding is that this is outside the window for notifying. The issue date was 08/04/2024 which should have been in good time for it to have arrived within the notice period but in fact it actually arrived at lunchtime on the 15th. Do I have to prove when it arrived  (and if so how can I do that?) or is the onus on them to prove it was delivered in time? All I can find is that delivery is assumed to be on the second working day after issue which would have been Weds 10//04/24 but it was actually delivered 5 days later than that (thank you Royal Mail!). My husband was present when it arrived - is a family member witness considered sufficient proof? 1 Date of the infringement  arr 28/03/24 21:00, dep 29/03/24 01.27 2 Date on the NTK  08/04/2024 (Date of Issue) 3 Date received Monday 15/04/24 4 Does the NTK mention schedule 4 of The Protections of Freedoms Act 2012?  Yes 5 Is there any photographic evidence of the event? Yes 6 Have you appealed? [Y/N?] post up your appeal] No    Have you had a response?  n/a 7 Who is the parking company? GroupNexus 8. Where exactly [carpark name and town] Petrol Station Roadchef Tibshelf South DE55 5T 'operating in accordance with the BPA's Code of Practice'  
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      By mystic_bertie · Posted

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    • tobyjugg2
      I see Octopus have started using the old EON 'tricks to try an install smart meters

      By tobyjugg2 · Posted

      Huh? This is nothing about paying just for what I use - I currently prefer the averaged monthly payment - else i wouldn't be in credit month after month - which I am comfortable with - else I wold simply request a part refund - which I  would have done if they hadn't reduced my monthly dd after the complaint I raised (handled slowly and rather badly) highlighted the errors in their systems (one of which they do seem to have fixed) Are you not aware DD is always potentially variable? ah well, look it up - but my deal is a supposed to average the payments over a year, and i dont expect them to change payments (up or down) without my informed agreement ESPECIALLY when I'm in credit over winter.   You are happy with your smart meter - jolly for you I dont want one, dont have to have one  - so wont   I have a box that tells me my electricity usage - was free donkeys years ago and shows me everything I need to know just like a smart meter but doesnt need a smart meter,  and i can manually set my charges - so as a side effect - would show me if the charges from the supplier were mismatched. Doesn't tell me if the meters actually calibrated correctly - but neither does your smart meter. That all relies on a label and the competence of the testers - and the competence of any remote fiddling with the settings. You seem happy with that - thats fine. I'm not.    
    • Mickgibbons1
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      By Mickgibbons1 · Posted

      Evening all,   So today, I was sent an updated offer that includes the £12.60 I spent on letters, but they have declined to add the interest at £7.40. They have stating 'We acknowledge your request to claim interest to date, however, this would be at the discretion of a trial judge if the claim did proceed to a trial hearing.' I think I am content with this outcome, and pushing this to a trial for a total interest of £15.30 throughout the claim does not make sense to me.   What are people's thoughts? I am sure our courts have better things to concentrate on?
    • UsedCarMan
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      By UsedCarMan · Posted

      FFRSG3424ListofEvidencepdf-V1 2-merged.pdfFFRSG3424ListofEvidencepdf-V1 2-merged.pdf 2pages T&C,s UCM

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    • Post in Suing a parcel delivery company when you don't have a direct contract with them – third-party rights Copy of judgment available

      BankFodder posted a post in a topic,

      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.

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

Bit of urgent advise please re bailiffs

lost_soul
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seanamarts

seanamarts

Posted
Posted
Thank you all for the help - it is much appreciated.

 

I cant understand why its taken so long either - just shows how efficient they can be at times!

 

 

Darren

Council are desperate for money at the moment, mostly due to the Icelantic crash, so they are grouping debts, some as far back as 1990's. Im sure they have little gremlins in their back offices trawling over unpaid CT reaching back eons ;)

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ploddertom

ploddertom

Posted
Posted

Suggestion in the meantime to try and stall or throw them. Ask for a Breakdown of their charges to date. use or adapt this as you see fit and send by both email and a hard copy send by Signed For:

 

"From:

My Name

My Address

 

To:

Acme Bailiff Co

Bailiff House

 

Ref: Account No(s): 123456

654321

Dear Sir

 

With reference to the above account. Can you please provide me with a breakdown of the charges.

 

This includes:

a - the time & date of any Bailiff action that incurred a Fee.

b - the reason for the fee.

c - the name(s) of the Bailiff(s) that attended on each occasion a Fee was charged.

d - the name(s) of the Court(s) the Bailiff(s) was/were Certificated at.

e - the date of the Certification.

 

This is not a Subject Access Request under the Data Protection Act S7 1998 so does not incur a fee of £10. You are obliged to provide this information.

 

I require this information within 14 days.

 

Yours faithfully

 

Ripped off customer"

 

PT

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MARTIN3030

MARTIN3030

Posted
Posted
One other thing I forgot to mention - these letters were not in envelopes! Data protection?

 

 

 

Yes of Course Data Protection-but the one with recourse for complaint is the ex..............dont suppose you are keen to assist him on that score ?????

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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MARTIN3030

MARTIN3030

Posted
Posted
Sorry Martin I had to chuckle to myself there, :punless they have a nice bailiff dealing with this ( which I highly doubt but you never know) the bailiff would just laugh down the phone and say pay up.. I would suggest emailing the bailiff company and let them know what is occurring and ask them to give you time to contact the council so to get this sorted.

 

 

Yep I see your point-but its weekend-Council not there.

Bailiff could well return-but they could return in any event between an email being dealt with.Thing is advising that you arent paying and are taking it up with council at least lets them know-up to them if they listen or not.

 

Suppose depends as you say on the Bailiff....those who have phone recording facilities could put it to good use here-we know they dont like those.!

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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seanamarts

seanamarts

Posted
Posted
Yep I see your point-but its weekend-Council not there.

Bailiff could well return-but they could return in any event between an email being dealt with.Thing is advising that you arent paying and are taking it up with council at least lets them know-up to them if they listen or not.

 

Suppose depends as you say on the Bailiff....those who have phone recording facilities could put it to good use here-we know they dont like those.!

Dam these weekends ;)

I can see your point though

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lost_soul

lost_soul

Posted
  • Author
Posted

Just a bit of an update.

 

The wife has been in touch with the council, they are calling off the bailiff for the ex husbands debt but she is liable for the other (we knew that anyway). Went through and confirmed amount and dates etc (no charges added). She offered to pay them direct but they said gone too far. They also confirmed the bailiff cannot break in.

 

The wife then went to citizens advice, they phoned the bailiff who is being an @sshole. He said he had the power to break in anytime he wanted - the woman from CA said no you cant to which he replied 'i can do what I want!'. He also said he wanted full payment for both debts regardless and had the lady in tears he was so abusive to her. Also phoned his company who where not interested.

 

The woman at CA advised us to contact the police as he is making threats - is it worth us calling them? Jacobs (the bailiff company) have online payment so we are going to pay it off in one go, but can I report this nasty meathead to anyone?

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ploddertom

ploddertom

Posted
Posted

For the debt you do have to pay is there a Council Tax Reference Number on the paperwork you have? If so then you may pay using the Council website or automated phone service - your payment is accepted regardless of what the Council tell you. If not then ring the Council back and ask for it - do not tell them why you want it, say you need it to cross reference payments previously made.

 

PT

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seanamarts

seanamarts

Posted
Posted

I have to concur with PT, pay what you owe to the council, then what you need to do is make a Formal complaint to the Chief Executive of the council.

What you have to remember is the bailiff is working on behalf of them and they are fully responsible for the actions of their bailiff, if you can ask the lady at the CAB to write a small statement and enclose that, then you need to also send copies of that complaint to the bailiff company letting them know you have made a formal complaint to the council.

You have proof that this bailiff has acted aggressively and given false information.

Department for Constitutional Affairs - Enforcement - National Standards for Enforcement Agents

Have a read through this as this will help.

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lost_soul

lost_soul

Posted
  • Author
Posted

Thanks for all your help everyone.

 

We are going to pay it today (lucky we have just enough put aside which was our rainy day money).

 

I had a look to see if the bailiff is registered and his licence is up for renewal in september - is it worth us sending a copy of the complaint to the court that issued his licence?

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MARTIN3030

MARTIN3030

Posted
Posted
Thanks for all your help everyone.

 

We are going to pay it today (lucky we have just enough put aside which was our rainy day money).

 

I had a look to see if the bailiff is registered and his licence is up for renewal in september - is it worth us sending a copy of the complaint to the court that issued his licence?

 

Well it cant do any harm.

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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seanamarts

seanamarts

Posted
Posted
Thanks for all your help everyone.

 

We are going to pay it today (lucky we have just enough put aside which was our rainy day money).

 

I had a look to see if the bailiff is registered and his licence is up for renewal in september - is it worth us sending a copy of the complaint to the court that issued his licence?

I would write any complaints to the chief executive first and the bailiff company, .. A form 4 complaint to the courts is really a last resort. It may end up costing you more in the long run.

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seanamarts

seanamarts

Posted
Posted
Well it cant do any harm.

Im sorry to disagree with you there Martin but it may do harm, especially in the OP's pocket.

Complaints need to be sent to the chief exec and bailiff companies before a form 4 to the court.

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Dhimmiwit

Dhimmiwit

Posted
Posted
Im sorry to disagree with you there Martin but it may do harm, especially in the OP's pocket.

Complaints need to be sent to the chief exec and bailiff companies before a form 4 to the court.

 

 

Ok, I keep seeing "form 4" mentioned in the complaints procedure. Where and how do I get one of these please:-?

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seanamarts

seanamarts

Posted
Posted
Ok, I keep seeing "form 4" mentioned in the complaints procedure. Where and how do I get one of these please:-?

http://www.hmcourts-service.gov.uk/courtfinder/forms/form4_0606.pdf

before sending one of these please make sure you have exhausted all other complaints procedures first. Make sure you have enough evidence to go ahead with this course of complaint, and be prepared for what is to come, also be warned that you may incur costs for the other side.

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lost_soul

lost_soul

Posted
  • Author
Posted

All sorted now - paid council direct. Funny how one person says pay bailiff direct and another says yes thats fine and takes payment!

 

I am going to complain to the council and the bailiff company (I called them today to tell them it was paid - they put the phone down on me when I mentioned complaining).

 

I didnt realise complaining to the court was such a formal thing, i just wanted to put a spanner in the works for a truly nasty man (he seemed to get upset when I asked if he had been bullied at school).

 

Thanks for all your help it is much appreciated.

 

Darren

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tomtubby

tomtubby

Posted
Posted
http://www.hmcourts-service.gov.uk/courtfinder/forms/form4_0606.pdf

before sending one of these please make sure you have exhausted all other complaints procedures first. Make sure you have enough evidence to go ahead with this course of complaint, and be prepared for what is to come, also be warned that you may incur costs for the other side.

 

A Form 4 is the WRONG route. What should be happening is that a FORMAL COMPLAINT needs to be made to the Council marked for the attention of the Chief Executive.

 

In addition, I am aware that there have been recent complaints made to the Office of Fair Trading concerning the WORDING on recent letters from Jacobs.

 

PS: Have you established when the council obtained the Liability Order? This is a very important point !!!

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seanamarts

seanamarts

Posted
Posted
A Form 4 is the WRONG route. What should be happening is that a FORMAL COMPLAINT needs to be made to the Council marked for the attention of the Chief Executive.

 

In addition, I am aware that there have been recent complaints made to the Office of Fair Trading concerning the WORDING on recent letters from Jacobs.

 

PS: Have you established when the council obtained the Liability Order? This is a very important point !!!

I didnt say it was the 'right' route TT, but in some cases it is a must.

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tomtubby

tomtubby

Posted
Posted
I didnt say it was the 'right' route TT, but in some cases it is a must.

 

I quite agree W but there are some bailiff companies who would appear to be employing the services of a QC to represent their bailiff at a Form 4 Complaint and as can be seen from a post on CAG last week, a poster found herself liable to over £3,000 in legal fees after the Judge threw the Form 4 out.

 

There have been representations made to the Attorney General concerning the way in which courts are incorrectly dealing with Form 4 Complaints. Lot is happening in the background but as I have said many times, any complaint should first go to the local authority.

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seanamarts

seanamarts

Posted
Posted
I quite agree W but there are some bailiff companies who would appear to be employing the services of a QC to represent their bailiff at a Form 4 Complaint and as can be seen from a post on CAG last week, a poster found herself liable to over £3,000 in legal fees after the Judge threw the Form 4 out.

 

There have been representations made to the Attorney General concerning the way in which courts are incorrectly dealing with Form 4 Complaints. Lot is happening in the background but as I have said many times, any complaint should first go to the local authority.

I couldnt agree more, but I personally feel that SOME Judges throw out these cases without understanding what a form 4 is. I am glad it is under some sort of investigating

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