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    • Thanks DX 100   haha i totally  agree with your comment about the page 20    Yes I am awake and been all night w my WS   BUT can I point this very very very impt point please, which I am not sure if it has come to your attention   1. The payment machine and 6 hours and the free parking after 4.30 pm on a Saturday etc....all taken on board.   HOWEVER, and I cant stop myself laughing, this pay machine  he eludes to is based at The Market Shopping Centre Car park , after googling it is in CREWE.  It is not even relevant. They have put in a signage that is not even at the Merry Hill Centre which is in the West Midlands.    The Merry Hill Centre is the one I went to in Dudley, west midlands. All the signages , apart from the one you elude to have the intu Merry Hill logo     The one you refer to is in Crewe. I have never been to Crewe in my life lol so that signage is totally irrelevant    we can play this either way:   1. can take up your line of argument regarding the 6 hours etc. and pretned we are also using the pay machine    OR     2. totally dismiss it as being irrelevant, misleading , wasting the time of everyone by providing irrelevant info. Thats what I have argued in my WS so far. That signage does not belong to inTu Merry Hill            This is akin to someone being on annual leave from work between say 1.10 .2020 and 1.11.2020, and then finding out one of his/her collogues saying,  I saw you leaving work early last week , the 15th of October 2020.   hello !!!, I wasnt even in the country on the 15th of October 2020 !!   essentially thats what the claimant has done . The signage on page 20 doesnt even belong to the shopping centre I went to   I will log out and carry on with th WS     Thanks again       .   
    • Thank you FTMDave. As you can see from the time now I have had a nightmare getting questionnaire answered due to scanner problems, it is up there now though. I do not have proof of breakdown as the alternator was bought from a breakers yard near Chelmsford. I remember it well as they sold me the wrong one on the Saturday and I had to go back in my mechanic friends vehicle on Sunday as I had broken the original alternator getting it off.
    • 1 The date of infringement? 19/12/2019   2 Have you yet appealed to the parking company yet? [Y/N?] No. I did, unfortunately use the MyParkingCharge.co.uk portal to deny liability as the keeper and deny any contract. I mistakenly thought this was where I made a SAR. (I now see looking at the site again that it is actually. https://excel.zatappeal.com ) This was replied to as if it were an appeal.   if you have then please post up whatever you sent and how you sent it and the date you sent it, suitably redacted. [as a PDF- follow the upload guide]   has there been a response? yes please AS A PDFFILE  ONLY ..post it up as well, suitably redacted. - follow the upload guide]   If you haven't appealed yet - ,.........DONT ! seek advice on your topic first.   have you received a Notice To Keeper? (NTK) [must be received by you between 29-56 days] Yes. Issue date indicates that if "contravention" date is day 1 then NTK was issued on day 15 so arrived well before day 29. Document received was PCN/NTK in one. (see pdf)   what date is on it Issue date is 02/01/2020   Did the NTK provide photographic evidence? Yes   [scan up BOTHSIDES to ONE PDF of the PCN and your NTK - follow the upload guide]   3 Did the NTK mention Schedule 4 of the Protection of Freedoms Act 2012 (PoFA) [Y/N?] NO   4 If you appealed after receiving the NTK, did the parking company give you any information regarding the further appeals process? [it is well known that parking companies will reject any appeal whatever the circumstances] Suggested appeals could be made via IAS   5 Who is the parking company? VCS   6. where exactly [Carpark name and town] did you park? Broke down on service road of Southend Airport, Southend-On-Sea   please do not put JPG Picture files into your post   .............................   For PCN's received through the post [ANPR camera capture]  (must be received within 14 days from the Incident)   please answer the following questions.   1 Date of the infringement 19/12/2019     2 Date on the NTK [this must have been received within 14 days from the 'offence' date] 02/01/2020.   I recall noting, when it arrived on Saturday 16th Jan 2020 that this was more than 14 days from "offence" date.   [scan up BOTHSIDES as ONE PDF- follow the upload guide] please do not put JPG Picture files into your post   3 Date received 16/01/20   4 Does the NTK mention schedule 4 of The Protections of Freedoms Act 2012? [Y/N?] No   5 Is there any photographic evidence of the event? Yes   6 Have you appealed? [Y/N?] post up your appeal] Not as such. See this entry for PCN above.   Have you had a response? [Y/N?] post it up As above.   7 Who is the parking company? VCS   8. Where exactly [carpark name and town] Broke down on service road of Southend Airport, Southend-On-Sea   For either option, does it say which appeals body they operate under. Initial appeal to be via www.myparkingcharge.co.uk then via IAS   There are two official bodies, the BPA and the IAS. If you are unsure, please check HERE   If you have received any other correspondence, please mention it here I have subsequently received a Demand for Payment dated 28/02/2020.  outstanding balance £160 Final Demand posted on 16/03/2020         outstanding balance £160 LBC dated 27/03/2020.                                 outstanding balance £160 with estimate of court fees £25 2nd LBC from ELMS legal dated 30/10/2020 listing estimated fees of   Principal debt £160                                                                                                                        Estimated interest £12                                                                                                   Estimated court / hearing fees £50                                                                                                          Estimated solicitors' costs £50                                                                                                                              Estimated total £272   windscreen or ANPR section to your thread and answer the questions... …….... in either case scan up bothsides of any letters/tickets in or appeals made out to ONE MULTIPAGE PDF ONLY please do not put JPG Picture files into your post   NTK plus .pdf
    • Have done the email address thing. The order specifically states just the applicant ?
    • you are not the applicant but you must: • You must confirm your preferred email address for the invites to be sent too  
  • Our picks

    • Hi @BankFodder
      Sorry for only updating you now, but after your guidance with submitting the claim it was pretty straight forward and I didn't want to unnecessarily waste your time. Especially with this guide you wrote here, so many thanks for that
      So I issued the claim on day 15 and they requested more time to respond.
      They took until the last day to respond and denied the claim, unsurprisingly saying my contract was with Packlink and not with them.
       
      I opted for mediation, and it played out very similarly to other people's experiences.
       
      In the first call I outlined my case, and I referred to the Contracts (Rights of Third Parties) Act 1999 as the reason to why I do in fact have a contract with them. 
       
      In the second call the mediator came back with an offer of the full amount of the phone and postage £146.93, but not the court costs. I said I was not willing to accept this and the mediator came across as a bit irritated that I would not accept this and said I should be flexible. I insisted that the law was on my side and I was willing to take them to court. The mediator went back to Hermes with what I said.
       
      In the third call the mediator said that they would offer the full amount. However, he said that Hermes still thought that I should have taken the case against Packlink instead, and that they would try to recover the court costs themselves from Packlink.
       
      To be fair to them, if Packlink wasn't based in Spain I would've made the claim against them instead. But since they are overseas and the law lets me take action against Hermes directly, it's the best way of trying to recover the money.
       
      So this is a great win. Thank you so much for your help and all of the resources available on this site. It has helped me so much especially as someone who does not know anything about making money claims.
       
      Many thanks, stay safe and have a good Christmas!
       
       
        • Thanks
    • Hermes and mediation hints. https://www.consumeractiongroup.co.uk/topic/428981-hermes-and-mediation-hints/&do=findComment&comment=5080003
      • 1 reply
    • Natwest Bank Transfer Fraud Call HMRC Please help. https://www.consumeractiongroup.co.uk/topic/428951-natwest-bank-transfer-fraud-call-hmrc-please-help/&do=findComment&comment=5079786
      • 31 replies
    • Hermes lost parcel.. Read more at https://www.consumeractiongroup.co.uk/topic/422615-hermes-lost-parcel/
      • 49 replies

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Please help.

In January I received a final notice for £518 council tax arrears for the year 2010/2011. I was unable to pay the amount by the amount and was summoned to court in february where the council succeeded in obataining a liability order for the total amount + court cost toatlling £680.

I telephoned the council and they said i could resolve the arrears by paying £229 per month end Jan end Feb and end of march and i could avoid the isse going to the baliff. I am a single mum working parttime hours how the hell was i supposed to make these payments. When I spoke to the council I said I had only received one reminder and they said it was not policy to send out more.

In the middle of March I received a letter from Ross and Roberts with regards to the arrears and that i had 2 weeks to pay in full or the matter wouldbe handed to the baliff. I telephone R&R wanting to set a repayment plan but the lady said i had to talk to the baliff and he would charge me £53 to levy my possessions so I could make a plan. The 1st April ame and went.

After reading the threads on this forum I wrote a letter to the council requesting them to toake the debt back as I am classed as a vulnerable person as listed on the National Standards Enforcment Agents 2000. Yesterday whilst at work the baliff handed my babysitter a letter for me stating that this was the first visit and if i want to avoid further visits and charges i need to make a full payment or telephone him to arrange a plan and also a list of charges that i will incur stating with a charge of £24 for th visit and additional charges for the next visit and £41 for levy charge.

Can I stop him entering my property ? Is it true i do not have to deal with the baliff and that i am not breaking the law by refusing to.

In my letter to the council i offered first payment on 15 april followed by 6 more payments till the debt was repayed.

I telephoned the council to check wether they have my letter apparently the issue is pending.

I am rather confused as to what to do next:

1) should I phone the baliff and let him know that the issue is pending with the council

2) do i pay the council as offered direct online

3) What should my next step be any other advice appreciated.

 

Thanks

Edited by gf10
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Others better than I will be along to post regarding fees etc. In the meantime, can I just ask how many hours a week you work? For how much? (Nothing specific, just 'min wage' or the suchlike). How old is your child / children? Everyone in the household well and able?

Rae

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Hi, have you got copies of the letter you sent the council? I would be inclined to stick with your proposal to pay the council direct and not hand the bailiff anything towards his summer holiday!!!

 

I am no expert, but recently had issues with my local council and I wrote to every local councillor I could find on the internet and the head of revenues and it was eventually sorted out, this did take 5 weeks though. If you make enough noise the council will take back the debt, as you so rightly said, you are classed as a vulnerable person, it is their duty whether they like it or not!!

 

I have a different issue with a bailiff and whilst hubby is away can understand how scary it is. I am sure someone with more knowledge will be along soon. Just remember a few key points

1. Never let a bailiff in

2. Keep any cars parked at least 10 mins away from your home

3. Do not leave anything outside and windows and doors locked

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I work 25 hours per week and receive less than £600 per month. My Child is 11 whom i receive DLA. They babysitter is over 18.

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Was wondering if i should send letter to R&R refusing them entry to my property and refusing them walking posession and levy my goods.

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... My Child is 11 whom i receive DLA. They babysitter is over 18.

 

Very important point and strengthens your case. What rate and what for? If you don't want that detail on a public forum please PM me. [i'll post further shortly, need to feed...]

Rae

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In the first instance:

 

The National Standards for Enforcement Agents say the following

 

 

  • Those who might be potentially vulnerable include:
     
    • the elderly;
    • people with a disability;
    • the seriously ill;
    • the recently bereaved;
    • single parent families;
    • pregnant women;
    • unemployed people; and,
    • those who have obvious difficulty in understanding, speaking or reading English

     

These Standards apply to the household not the debtor. Bailiffs and council may try to convince you otherwise.

 

Ross & Roberts is an Executive Member of the Association of Civil Enforcement Agencies (ACEA) whose Code of Practice insists its members adhere to the National Standards.

 

You need to:

1) Write to the Head of revenues stating that the household is vulnerable and why. Include confirmation of your childs DLA. Send by signed for. Mark the envelope either 'private and confidential' or 'personal, for the attention of...'

2) Copy of the above with covering letter to bailiffs. Send by signed for.

3) Email details to both (optional)

4) Have a cup of tea.

 

How they respond will dictate your next move. Favourably and you can make a sensible and sustainable offer of payment to the council. Or attachment to earnings which may be wisest. Unfavourably, we write a stinking Formal Complaint to the council CEO, contact MP, councillor etc.

 

Rae

 

PS: http://www.dca.gov.uk/enforcement/agents02.htm#part10 this takes you to the Standards. Scroll around and see if they have been transgressed in any other way...

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Another thing to remember is that a lot of Councils outsource their admin including revenues. One such company is called Capita who in turn own a bailiff company called Ross & Roberts. It may be that those you spoke to at the Council are not necessarily Council employees but those of Capita who have a vested interest in you seeing & paying the Bailiff. Capita also own another Bailiff company called Equita.

 

PT

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Things to include in your letter:

 

1) Council Tax reference number.

2) Opening paragraph - in the vein of 'I'm writing to request this case is taken back by the council on the grouds of vulnerability. It currently rests with your collection agents Ross & Roberts'

3) Body paragraph - start with your childs DLA along the lines of 'I am a single parent with an eleven year old son/daughter [sorry I've forgot which!!]. He /she suffers from [state disability] for which he receives Disability Living Allowance at [state levels]'. Add more about your part-time hours at near minimum wage. Brief line or two stating the added pressure of continued bailiff action is having a detrimental effect on your childs health etc.

4) Closing paragraph - along the lines of 'I trust that you will appreciate the seriousness of my childs illness and the precarious nature of my household finances. By taking this case back will immediately alliviate considerable pressure and allow me to either make affordable sustainable payments' [or attachment to earning, whichever you think best]

 

Rae

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If they refuse to take the account back, and this is fairly likely if Capita are the councils back office, then you will have to follow Rae's advice about escalating to CEO, leader of council, local councillor and MP. MP's tend to look unfavourably on councils who bend the rules and persecute vulnerable families, with bailiffs who add ludicrous fees and increase the indebtedness of someone struggling to pay.

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

Have we helped you ...?         Please Donate button to the Consumer Action Group

 

If you want advice on your thread please PM me a link to your thread

 

The bailiff: A 12th Century solution re-branded as Enforcement Agents for the 21st Century to seize and sell debtors goods as before Oh so Dickensian!

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Agreed brassnecked. The reason I like all that lot to be the second line of attack is that by the time you may need it you've already got all the evidence you need. This means the second wave of correspondence can be far more detailed and, obviously, far more devastating.

Rae

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I deal a lot with CT and bailiffs but would have taken a slightly different line so will stay out of this one.

 

What you have been advised seems to be good sound advice and I'm sure you're in safe hands!

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If they refuse to take the account back, and this is fairly likely if Capita are the councils back office, then you will have to follow Rae's advice about escalating to CEO, leader of council, local councillor and MP. MP's tend to look unfavourably on councils who bend the rules and persecute vulnerable families, with bailiffs who add ludicrous fees and increase the indebtedness of someone struggling to pay.

 

Yes hopefully the unholy alliance of council and bailiffs will give enough rope with their own greed/incompetence, that they will hang themselves out to dry allowing gf10 to acheive the right result

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

Have we helped you ...?         Please Donate button to the Consumer Action Group

 

If you want advice on your thread please PM me a link to your thread

 

The bailiff: A 12th Century solution re-branded as Enforcement Agents for the 21st Century to seize and sell debtors goods as before Oh so Dickensian!

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They normally do! That's what I rely on and they haven't let me down yet. Recently claimed nearly an entire years CT back from bailiffs and council for their greed. Avarice is one of the seven deadly sins - don't they know that yet?

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I deal a lot with CT and bailiffs but would have taken a slightly different line so will stay out of this one...

 

Au contraire, Tingy! Please do contribute - as long as we don't confuse the OP. Let me make it absolutely clear, my one and only interest is the genuinely vulnerable and getting them out of the clutches of the bailiff. All else I tend to ignore so I can attend the minutae of this. I often forget to point out to the debtor that any advice I give must be taken in conjunction with other advice offered. I only tend one part of the garden...

I would be interested in how you would advise which, perhaps, would best be served in a seperate thread or PM. I note you joined CAG during my lengthy hiatus ...

Best wishes

Rae

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Hi Rae,

 

I, like you, defend the vulnerable to the hilt. I actually run a charity specifically for them and due to a recurring mental health illness find myself classified as one from time to time.

 

I'm actually off to bed now, but will be back tomorrow night when I'll outline my normal course of action and how I adapt it to various situations. The last thing I want to do is confuse anyone when the advice being offered is clearly sound.

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Tingy, I'm liking you already :-D. I fell into this in a very similar vein. Having stage three emphysema I'm pretty well snookered and fall into the vulnerable category. Part of the reason for my long hiatus, I needed time to rest. I can't guarentee how long I'll be here this time round. Very interested in your modus operandi. As a writer it is clear where my leanings are ...

Rae

 

PS: Seperate thread may be best for a 'trade' discussion ...

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gf 10 I will copy you the pm I sent to someone else yesterday when asked a similar question later on. Trying to dash to get out to do some work at the moment so may be tonight!

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