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

Notice of Distress Warrant - Philips Debt Recovery / Bailiffs


style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 4845 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

My wife received EXACTLY the same letter from Philips this morning and called me at work in a panic. Like you she is EXTREMELY prudent with money and timely with payments and had no clue what she had done to incur any fines. She has received no correspondence about the matter other than the bailiff's letter. After numerous calls to Philips she found out only that it relates to a fine dated 02/10/2002 !!! Having moved a number of times since then (even abroad) we knew nothing of this...or even if she ought to owe anything at all.

 

Please, please could you give me the number of the North East London enforcement office you spoke of so we can have the fine rescinded and get the bailiff's off our back. Do I need to file a Statutory Declaration ? I have no details of the Fine as none was provided by Philips.

 

Many thanks in advance

Link to post
Share on other sites

My wife received EXACTLY the same letter from Philips this morning and called me at work in a panic. Like you she is EXTREMELY prudent with money and timely with payments and had no clue what she had done to incur any fines. She has received no correspondence about the matter other than the bailiff's letter. After numerous calls to Philips she found out only that it relates to a fine dated 02/10/2002 !!! Having moved a number of times since then (even abroad) we knew nothing of this...or even if she ought to owe anything at all.

 

Please, please could you give me the number of the North East London enforcement office you spoke of so we can have the fine rescinded and get the bailiff's off our back. Do I need to file a Statutory Declaration ? I have no details of the Fine as none was provided by Philips.

 

Many thanks in advance

 

I have sent you a message.

Link to post
Share on other sites

My wife received EXACTLY the same letter from Philips this morning and called me at work in a panic. Like you she is EXTREMELY prudent with money and timely with payments and had no clue what she had done to incur any fines. She has received no correspondence about the matter other than the bailiff's letter. After numerous calls to Philips she found out only that it relates to a fine dated 02/10/2002 !!! Having moved a number of times since then (even abroad) we knew nothing of this...or even if she ought to owe anything at all.

 

Please, please could you give me the number of the North East London enforcement office you spoke of so we can have the fine rescinded and get the bailiff's off our back. Do I need to file a Statutory Declaration ? I have no details of the Fine as none was provided by Philips.

Many thanks in advance

 

I received exactly the same letter on Saturday - claiming non-payment of a magistrates fine in South West London. Their letter provides minimum level of information to allow me to follow up - so I have no idea how to pursue the matter further other than to call Philips directly. I tried to call Philips this morning but have been stuck in their phone queue for over an hour until I gave up.

 

Does anyone know the contact number for the South West London office ?

 

Thanks

Link to post
Share on other sites

Hi

 

After several failed attempts to contact Philips, I made some progress.

 

I contacted the Brentford Magistrates court who look after South West London - they were massively helpful. They looked up the Warrant on their database (using my name to locate relevant file). They were able to provide me with details including account number, address where summonds was sent, amount of fine, date etc. They were also able to advise on next steps which is to swear a Statutory Declaration at my local magistrates. I have contacted them - they again were massively helpful and have advised me to attend my local court to swear the Stat Dec.

 

Hopefully this will draw a line under this matter ....

 

D

Edited by djak
Link to post
Share on other sites

My wife called Stratford magistrates court this morning and talked to the fines department. The lady on the other end was very helpful, provided all necessary info and advised to contact the local magistrates rather than coming to Stratford. `My wife contacted our local magistrates court today straight away in person. She was told to submit a letter ASAP which would provided certain info like the court name where she was convicted, court date, offense. The letter would be the start of filing the Stat Dec.

She has done that as well in a couple of hours as well. (yes, she is very quick when needed). The next step is to hear from the local court when she can swear the StatDec. Meanwhile the lady from the fine department said "if bailiffs come although unlikely tell them you are dealing with the court directly, you are about to file the StatDec and they should go away"

Link to post
Share on other sites

My wife called Stratford magistrates court this morning and talked to the fines department. The lady on the other end was very helpful, provided all necessary info and advised to contact the local magistrates rather than coming to Stratford. `My wife contacted our local magistrates court today straight away in person. She was told to submit a letter ASAP which would provided certain info like the court name where she was convicted, court date, offense. The letter would be the start of filing the Stat Dec.

She has done that as well in a couple of hours as well. (yes, she is very quick when needed). The next step is to hear from the local court when she can swear the StatDec. Meanwhile the lady from the fine department said "if bailiffs come although unlikely tell them you are dealing with the court directly, you are about to file the StatDec and they should go away"

 

As many people on here know, I have an advice service for bailiff enquiries and we have assisted in hundreds of statutory declarations and in almost all of them, you can take your Statutory Declaration into any firm of solicitors to get sworn and all that is then needed is to send a copy by fax (or post) to the issuing court (than issued the fine in the first place).

 

Also, the court should be able to hold all enforcement in any event and contact the bailiff company on your behalf.

Link to post
Share on other sites

Could anyone provide me with a template for a Statutory Declaration letter please ?

 

Thank you

 

D

there you go a post by tomtubby

 

 

MAGISTRATE COURT FINES. Template of a Statutory Declaration.

With so many queries being posted on CAG concerning unpaid Magistrate Court FINES I am providing a Template of a Statutory Declaration.

 

Only 3 companies can enforce these fines; Marston Group, Philips and Swift (Wales).

 

The problem that is occuring very often is that many of these FINES have been issued in somebody's absence long after that person has moved home and the first time that they know of the offence was when they have received a visit from a bailiff
link3.giflink3.gif
.

 

In the main these FINES are commonly for the following:

 

Using a TV without a Licence.

 

Driving without valid insurance

 

Driving without valid Road Fund Licence.

 

Failure to provide driver details

 

Driving whilst using a Mobile Phone.

 

......................... ......

 

If you were unaware of the fine being issued or correspondence had gone to a previous address, then the ONLY way to get this debt away from the bailiff and returned to the court is by way of a Statutory Declaration.

 

This will need to be sworn in front of a solicitor and this should cost just £5. The Statutory Declaration must then be either faxed to the Magistrates Court where the fine originated from or taken there in person.

 

The bailiff MUST then withdraw all enforcement.

 

The following is a template Statutory Declaration.

 

 

I:

Ms Smith of: 1, The Street, Anytown, Anywhere. Post Code.

 

DO SOLEMNLY AND SINCERELY DECLARE THAT:

 

I had no prior knowledge of any correspondence from xxxx Magistrates Court following an offence on
(enter date)
for
(enter offence
ie; exceeding the speed limit). From information provided to me today by the Magistrates Court I am informed that a hearing for this matter was held in my absence where I was fined
(enter amount)
with costs of
(enter amount)
and that (ie; my licence was endorsed with three points).The reference number for this case is:
(enter case number)

 

AND
THAT:

 

Notification of this fine first came to my attention on
(enter date)
when a bailiff from Martson Group Ltd came to my home and gave a letter to my mother. This letter stated that he was in possession of a distress
link3.giflink3.gif
Warrant dated
(enter date)
and that he required a sum of
(enter amount)
within 3 days failing which he would return with a locksmith.

 

I would like to advise the Court that I am suffering from
(enter health problems
if any).
In addition, I am receiving medication for ie;
(severe depression etc)
and have been under the care of a counsellor.

 

My financial position is that I am in arrears with my mortgage and I am in discussions with my electricity and gas provider as I am currently facing disconnection. I also have arrears with credit cards and loans.

 

I genuinely do not remember receiving documentation concerning this fine.

 

I make this solemn declaration conscientiously believing the same to be true and by virtue of the provisions of the Statutory Declarations Act 1835.

 

DECLARED AT:

 

SIGNED:

 

DATE:

 

Before me:

 

 

Solicitor/Commissioner for Oaths:

 

Link to post
Share on other sites

As many people on here know, I have an advice service for bailiff enquiries and we have assisted in hundreds of statutory declarations and in almost all of them, you can take your Statutory Declaration into any firm of solicitors to get sworn and all that is then needed is to send a copy by fax (or post) to the issuing court (than issued the fine in the first place).

 

Also, the court should be able to hold all enforcement in any event and contact the bailiff company on your behalf.

 

These old fines are of serious concern. As mentioned above, I have an advice service and since Monday, we have received 17 enquiries concerning this same company and very OLD fines. In 14 cases, after endless telephone calls, it has been discovered that these "fines" relate to offcences that took place between 2000 and 2004 and in 12 cases, Statutory Declarations have been submitted as a summons had ben sent to a very old address after the person had moved.

 

In your case, did the letter from Philips Ltd have a date on it? All of the ones that I have received enquiries about have NO DATE !! Absolutely shocking.....

.

PS: Hallowitch...once again...excellent work finding the Statutory Declaration!!!

Link to post
Share on other sites

Hello,

 

I received two of these Philips Distress Warrant letters today - different reference numbers - different amounts -

£300 and £317.09

 

With the same '7 days or we'll force entry to your home' threat.

 

Neither letter is dated.

I have NO prior knowledge of either of these alleged debts.

From 'North West London'

 

I will contact the magistrates court if I can find a number on Monday morning and follow your advice above.

 

I will post again to explain how things unfold for anyone else in my boat.

 

These letters are extremely intimidating.

Link to post
Share on other sites

Hi all, I have just recieved two letters from Philips stating Notice of Distress Warrent too. They allege that they are in receipt of a Distress warrent for non-payment of a Magistrates' Fine issued by South East London. Both letters have the same Philips Reference Number, but both are for different amounts (£370.00 and £445.00). Neither letter has any date on it.

 

As far as I am aware I have no Magistrates' fines. I have only ever once had a fine and that was back in about 2000 and was paid off in full. It was so long ago that I really doubt that I have any evidence that it was paid in full. I have had absolutely no correspondance before recieving these letters about any fines or Distress Warrent. What do I do next?

 

Should I contact Philips? I'm wary of doing this as I really don't want them to have my telephone number and the calls cost 5 pence per minute! How do I get the details of any Distress Warrent? Can I then make a Statutory Declaration at any court?

 

How long have I got before a bailiff will break into my property? Can I prevent them from doing this?

 

Please help.

 

Many thanks in advance.

Nurselayer v Natwest - Settled in Full :D

Link to post
Share on other sites

Hello,

 

I received two of these Philip's Distress Warrant letters today - different reference numbers - different amounts -

£300 and £317.09

 

With the same '7 days or we'll force entry to your home' threat.

 

Neither letter is dated.

I have NO prior knowledge of either of these alleged debts.

From 'North West London'

 

I will contact the magistrates court if I can find a number on Monday morning and follow your advice above.

 

I will post again to explain how things unfold for anyone else in my boat.

 

These letters are extremely intimidating.

 

hi welcome to CAG :smile: please start your own thread with this it makes it easy for us to give the correct advice

 

link to start your own thread http://www.consumeractiongroup.co.uk/forum/newthread.php?do=newthread&f=168

Link to post
Share on other sites

Hi all, I have just recieved two letters from Philips stating Notice of Distress Warrent too. They allege that they are in receipt of a Distress warrent for non-payment of a Magistrates' Fine issued by South East London. Both letters have the same Philips Reference Number, but both are for different amounts (£370.00 and £445.00). Neither letter has any date on it.

 

As far as I am aware I have no Magistrates' fines. I have only ever once had a fine and that was back in about 2000 and was paid off in full. It was so long ago that I really doubt that I have any evidence that it was paid in full. I have had absolutely no correspondance before receiving these letters about any fines or Distress Warrant. What do I do next?

 

Should I contact Philip's? I'm wary of doing this as I really don't want them to have my telephone number and the calls cost 5 pence per minute! How do I get the details of any Distress Warrant? Can I then make a Statutory Declaration at any court?

 

How long have I got before a bailiff will break into my property? Can I prevent them from doing this?

 

Please help.

 

Many thanks in advance.

 

hi welcome to CAGlink31.gif :smile: please start your own thread with this it makes it easy for us to give the correct advice

 

link to start your own thread http://www.consumeractiongroup.co.uk...ewthread&f=168

 

ops sorry mate just noticed your not new looks like there are going to be a lot of threads on this

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...