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    • I have just read the smaller print on their signs. It says that you can pay at the end of your parking session. given that you have ten minutes grace period the 35 seconds could easily have been taken up with walking back to your car, switching on the engine and then driving out. Even in my younger days when I used to regularly exceed speed limits, I doubt I could have done that in 35 seconds even when I  had a TR5.
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    • Thank you for posting up the results from the sar. The PCN is not compliant with the Protection of Freedoms Act 2012 Schedule 4. Under Section 9 [2][a] they are supposed to specify the parking time. the photographs show your car in motion both entering and leaving the car park thus not parking. If you have to do a Witness Statement later should they finally take you to Court you will have to continue to state that even though you stayed there for several hours in a small car park and the difference between the ANPR times and the actual parking period may only be a matter of a few minutes  nevertheless the CEL have failed to comply with the Act by failing to specify the parking period. However it looks as if your appeal revealed you were the driver the deficient PCN will not help you as the driver. I suspect that it may have been an appeal from the pub that meant that CEL offered you partly a way out  by allowing you to claim you had made an error in registering your vehicle reg. number . This enabled them to reduce the charge to £20 despite them acknowledging that you hadn't registered at all. We have not seen the signs in the car park yet so we do not what is said on them and all the signs say the same thing. It would be unusual for a pub to have  a Permit Holders Only sign which may discourage casual motorists from stopping there. But if that is the sign then as it prohibits any one who doesn't have a permit, then it cannot form a contract with motorists though it may depend on how the signs are worded.
    • Defence and Counterclaim Claim number XXX Claimant Civil Enforcement Limited Defendant XXXXXXXXXXXXX   How much of the claim do you dispute? I dispute the full amount claimed as shown on the claim form.   Do you dispute this claim because you have already paid it? No, for other reasons.   Defence 1. The Defendant is the recorded keeper of XXXXXXX  2. It is denied that the Defendant entered into a contract with the Claimant. 3. As held by the Upper Tax Tribunal in Vehicle Control Services Limited v HMRC [2012] UKUT 129 (TCC), any contract requires offer and acceptance. The Claimant was simply contracted by the landowner to provide car-park management services and is not capable of entering into a contract with the Defendant on its own account, as the car park is owned by and the terms of entry set by the landowner. Accordingly, it is denied that the Claimant has authority to bring this claim. 4. In any case it is denied that the Defendant broke the terms of a contract with the Claimant. 5. The Claimant is attempting double recovery by adding an additional sum not included in the original offer. 6. In a further abuse of the legal process the Claimant is claiming £50 legal representative's costs, even though they have no legal representative. 7. The Particulars of Claim is denied in its entirety. It is denied that the Claimant is entitled to the relief claimed or any relief at all. Signed I am the Defendant - I believe that the facts stated in this form are true XXXXXXXXXXX 01/05/2024   Defendant's date of birth XXXXXXXXXX   Address to which notices about this claim can be sent to you  
    • pop up on the bulk court website detailed on the claimform. [if it is not working return after the w/end or the next day if week time] . When you select ‘Register’, you will be taken to a screen titled ‘Sign in using Government Gateway’.  Choose ‘Create sign in details’ to register for the first time.  You will be asked to provide your name, email address, set a password and a memorable recovery word. You will be emailed your Government Gateway 12-digit User ID.  You should make a note of your memorable word, or password as these are not included in the email.<<**IMPORTANT**  then log in to the bulk court Website .  select respond to a claim and select the start AOS box. .  then using the details required from the claimform . defend all leave jurisdiction unticked  you DO NOT file a defence at this time [BUT you MUST file a defence regardless by day 33 ] click thru to the end confirm and exit the website .get a CPR 31:14 request running to the solicitors https://www.consumeractiongroup.co.uk/forum/showthread.php?486334-CPR-31.14-Request-to-use-on-receipt-of-a-PPC-(-Private-Land-Parking-Court-Claim type your name ONLY no need to sign anything .you DO NOT await the return of paperwork. you MUST file a defence regardless by day 33 from the date on the claimform.
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jacobs charges on council tax at the old address... help please


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i moved address earlier this year, didnt even cross my mind that i would have outstanding council tax charges at the old address, I got a letter from Jacobs Baliffs saying i owed £87.40, I paid 2 payments of 21.85 each ... Leaving the balance at 43.70

 

on the 2nd november i got a letter stating i owed 98.70, I paid this on the 4th november, then i got another phone call saying they had made an error and i owe another 49.50.

 

I am under the impression that i really only needed to pay them the original 87.40 plus 24.50 for the visit. is this correct and if so what should i do now ???

 

I have spoken to them on the phone this morning, they told me i wasnt entitled to a Breakdown of charges until i paid them the 49.50, and i wasnt entitled to talk to them on the phone nomore about the account, that now it was passed back over to the baliff, all phone calls should be made to him and he will be adding further charges on for attandance fees
:-x

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All you owe is one visit charge of £24.50 and the outstanding council tax. You are entitled to a break down regardless of how much you have paid or not paid. Sounds to me like you have spoken to a back office monkey. I would get onto the benefits and revenues office and ask to speak with the manager requesting how much you owe on the liability order. Pay it online if you have any outstanding which seems to me that you have paid what you owed. Who did you pay it to by the way and did yo get receipts.

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In that case what you owed originally + 1st Visit fee presuming he didn't levy or otherwise seize any goods.

Debt = £87-40 - have you confirmed this amount with the Council

1st Visit fee = £24-50

Total = £111-90

 

Don't talk to them on the phone send them this letter by email tonight and backed up in the post tomorrow using Signed For

 

"From:

My Name

My Address

 

To:

Acme Bailiff Co

Bailiff House

 

Ref: Account No: 123456

 

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"

 

Put in another line referring saying you refuse to pay any more until this is produced. I suspect they have come up with a magical levy possibly on a car outside that does not belong to you.

 

PT

 

Payments

1 x £21-85

1 x £21-85

1 x £98-70

Total = £142-40

 

In my view you should be due a repayment of

£30-50

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yes i confirmed it with the council and the 87.40 was correct , i will get the email and letter started on straight away. I checked the online certified baliffs list and i couldnt find the baliff that sent me the letter, i have never seen the man either, he just posted the letter through the door without knocking... only other correspondance i had with him is telephone calls

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Online register is not 100% accurate, you would have to ring MOJ to confirm. Certainly looks as if they have added unlawful fees/overcharged. Remember that the Council is 100% responsible for the actions of their contractor and if it comes to it at the end and Bailiff refuses to refund, you issue a N1 in the County Court and name both Bailiff & Council as co-defendants.

 

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It's also very worthwhile getting your local Councillor involved. They have access to those in the know directly, any reluctance or refusal then get on to the Leader of the Council. Complaints about the actions of the appointed bailiffs should also be made in writing, addressed to the Chief Executive of the Council and marked "Formal Complaint" on both envelope & letter, delivery if possible to be made in person,

 

I have to be honest and say I am totally sick & tired of Bailiffs ripping people off at random and getting away with it. I'm nearly inclined to catch one in the act and have the full pressure of the Law applied, if that upsets Officer Dibble by having to go over his head then so be it. It's about time some of them were brought down to earth with a very large bump - Bailiffs that is.

 

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