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Quick background.

Fixed penalty notice from Hull City Council was not aware of it till bailiff letter turned up.

Before doing extensive research on CAG. Now know better. Paid off debt but questioned the charges sent a DAR and low and behold inflated costs charged for levy and vat on everything.

 

Wrote to bailiff and court. Found out that bailiff not certificated checked with Ministry of Justice and advised to write to issuing court.

 

Received this..

 

Burnley combined court center.

 

Dear

Complaint against non certificates

 

I refer to your complaint against the bailiff dated 3rd August 2010. I am writing to inform you of the procedure we will follow to deal with your complaint.

 

I have today sent your copy of complaint to the Bailiff employer, giving 14 days for them to respond to the complaint. HM courts service headquarters will also inform the court within that time if they hold any relevant information on their central register of bailiffs.

 

When replies have been received, the complaint will be referred to the Circuit Judge, who will make a decision on your complaint, direct a hearing if directed. You will be informed of the decision as soon as possible.

 

Please contact me if you need further information.

 

Issue section.

 

I also after 40 days not received anything from CCS enforcement under DRA.

 

Now what should I do..

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Hi, marinachild.

 

Think you'll get help with this in the Bailiff Forum, I'll move this thread there.

 

Regards.

 

Scott.


 
 

Any advice I give is honest and in good faith.:)

If in doubt, you should seek the opinion of a Qualified Professional.

If you can, please donate to this site.

Help keep it up and active, helping people like you.

If you no longer require help, please do what you can to help others

RIP: Rooster-UK - MARTIN3030 - cerberusalert

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Ok here is an update on this..

 

Received nothing from bailiffs company.

Sent the N244 in as Ministry of Justice couldn't find a valid certificate for E***** S***** or a current certificate from Burnley County Court.

 

Waiting to find out if circuit judge has commented on this.

 

 

Any help.

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:???:Ok here is an update on this..

 

Received nothing from bailiffs company.

Sent the N244 in as Ministry of Justice couldn't find a valid certificate for E***** S***** or a current certificate from Burnley County Court.

 

Waiting to find out if circuit judge has commented on this.

 

 

Any help.

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Ok here is an update on this..

 

Received nothing from bailiffs company.

Sent the N244 in as Ministry of Justice couldn't find a valid certificate for E***** S***** or a current certificate from Burnley County Court.

 

Waiting to find out if circuit judge has commented on this.

 

 

Any help.

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Ok here is an update..

 

Received letters from CCS Enforcement Services Limited.

Dated 29 September 2010.

 

Thankyou for your letter dated 17th September 2010.

 

I have now had the opportunity to review this matter and can respond as follows.

 

Please refer to our previous letter dated 2

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Please refer to our previous letter dated 29 July 2010 in response to your original letter dated 19 July 2010.

 

I have enclosed further copies of screenshots as requested.

 

I can confirm we responded to correspondence from Burnley combined county court on the 24th august 2010.

 

I trust that I have addressed your concerns, however should you require any further assistance, please do not hesitate to contact me directly at the address shown below.

Yours sincerely

 

Customer Services.

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Please refer to our previous letter dated 29 July 2010 in response to your original letter dated 19 July 2010.

 

I have enclosed further copies of screenshots as requested.

 

I can confirm we responded to correspondence from Burnley combined county court on the 24th august 2010.

 

I trust that I have addressed your concerns, however should you require any further assistance, please do not hesitate to contact me directly at the address shown below.

Yours sincerely

 

Customer Services.

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if your bailiff was not certificated then you should pursue the council and the bailiff company for the return of the fees you paid

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Received the SAR it contains interesting information.

They charged for a non existent lowloader and van.166.87 + vat and for levying on a vehicle that on June 1st 2009 had a SORN. It was also scrapped. So how can bailiffs say I owed them these fees.

 

Do I write to Burnley county court.

 

Hull City Council don't give a flying bat about being overcharged for a PCN.

 

What do I do now..

 

Please help :-)

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Ok here's the update

 

County Circuit Judge read my complaint received paperwork from CCS and has dismissed the complaint.

Will post CCJ findings tomorrow.

The bailiff was still uncertificated but nothing was done about her.

She also lied about visits and dvla check. On date she said visited and vehicle check made the vehicle in question was sold for scrap and dvla had S O R Nd it.

 

What now

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If you have a grievance and want the council to pay you money or refund bailiffs fees then a claim in the county court is the only way to go. You need to name both the council and the bailiff company as joint defendants. You are only liable for the parking fine plus £28 and you should reclaim everything else.

 

The law that sets bailiffs fees for unpaid tickets is the Enforcement of Road Traffic Debts (Certificated Bailiffs)(Amended 2003) Regulations 1993 which currently sets the bailiffs fees at £28. Bailiffs can claim 'reasonable costs' but only if such costs have been incurred. However, if the bailiff does not show sales invoices proving his costs then you can reclaim them on the grounds the bailiff is unable to show it is reasonable costs. You can follow Case No 8CL51015 - Anthony Culligan (Claimant) v 1. Jason Simkin & 2. Marstons (Defendants)

 

You need to ask the judge for what is called a Finding of Fact, a Finding that bailiff was uncertificated when he called to collect an unpaid parking ticket: Section 78(7) of the Road Traffic Act 1991 says a bailiff enforcing unpaid parking tickets must hold a bailiffs certificate and failure to do so commits trespass. If making money is your thing then you can open a further separate claim against the bailiff for tresspass.

 

If the bailiff has dishonestly made a representation to obtaina money transfer by saying he did work such as make checks with DVLA that wasnt done, Then ask the Judge for a Finding of Fact he did not do that work and the bailiff commits an offence under Section 2 of the Fraud Act 2006. The Law: http://www.legislation.gov.uk/ukpga/2006/35/section/2 There is also a comment in the House of Lords you can follow: http://www.publications.parliament.uk/pa/ld200607/ldhansrd/text/70420w0001.htm see under Crime Fraud and you can make a complaint to the Economic Crimes Unit at your local police authority enclosing all of the above in your evidence.


Professional property investor and conveyancer

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what date did the charge you for the lowloader and van.166.87 + vat and for levying on a vehicle (did the screenshot give you the reg of the vehicle they levied)

 

did they Levey you a notice of seizure of goods and inventory on the day of the levy

 

what date did you scrap the car

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