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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  
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    • Hi @BankFodder
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      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.
       
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#parking Charges from local council now with Andrew James bailiffs


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Hi,

 

I have been having a long ongoing battle regarding 2 parking tickets.

Basically they had been ignored and between the 2 reached £384 which begrudgingly i agreed to pay the debt collectors via 3 monthly payments of £128.

They say my first payment failed and would be collecting the whole amount, i can prove it shouldnt have paid. I then asked for the full amount to be collected from my debit card details which they had but they ignored this.

 

Sadly not long after this my daughter was rushed to hospital to have emergency brain surgery due to a condition called hydrocephalus (used to be called water on the brain).

 

Whilst in hospital with her they called back out and levied upon a useless car which was due to be scrapped. Levying on this car put the charges up from £384 to £732.....

 

Recently i had another visit from the debt collector where i refused him entry to my house, he was quite civil and friendly, and admitted that the car he had levied on was useless, and that it wouldnt cover the fees owed and would probably only cause further charges and "what else could he take".....

 

Now my daughter seems to be relapsing a bit and the likelyhood is she will need further surgery ASAP. I really cant deal with the hassle from them, and likewise cant afford £732. What i want to know is do i have any grounds for contesting this, or should i just find a way??

 

 

Thanks to all who take the time to help out

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i take it these are bailiffs not debt debt collectors [bIG difference!!]

 

one has legal powers the others DO NOT!!

 

name them please

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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moved

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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ive gone back to the local council and said im willing to pay but i want to pay them. They have said no...

 

Could someone answer this.

 

The fees went up to £750+ as andrew james levied on a car in my drive that was due to be scrapped. It doesnt run, has no keys and int worth a penny. Now the bailiff called out for both parking tickets, levied on the car on both tickets and added £400 split between the two tickets for this car being levied on.

 

When he called back out to my house i asked him about the car and why it was still there, he said its worthless and wouldnt even cover the feees it would cost to remove the vehicle, yet this levy is the reason the fees increased to over double...

 

Now they have said they have no interest in this car, yet the total amount is still over £750 due to this levy. Is this allowed?

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1 bailiffs cant levy the same goods twice

2 goods levied must have a value to be levied as they must cover all bailiff fees . including removal fees .storage fees ,auction fees, and a large portion of the debt 3 they cant charge multiple fees when collecting more than one debt this includes parking tickets

 

You have got your work cut with this lot

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I would start with sending Andrew James a letter (recorded delivery ) asking for a breakdown of fees

 

as i said you will have your work cut out with this lot even getting this info as i believe tingy had to subject access them to get the info

Name

Address

Andrew James Ref: Account Nos: 123456/78910

Council parking ticket Ref No: 435672 /89100

Date

Dear Sir,

With reference to the above accounts, please provide me with a breakdown of all fees charged and payments made for the above account

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 requestlink3.gif under the Data Protection Act S7 1998 so does not incur a fee of £10. You are obliged to provide this information.

The National Standards for Enforcement Agents state that if a written request is made an itemised account of fees will be provided.

Please provide the information requested within 14 days of this E-mail /recorded delivery letter

Yours faithfully

Ripped off customer"

I would also send a copy of this to the council asking them to instruct there contractors to provide the information requested

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Please correct me if I am wrong, but would you not be able to have the debt sent back to the council under the vulnerable persons section, in relation to your daughter being so poorly (my heartfelt regards and best wishes to you for her). I am sure someone with more know how will be along soon but just a thought. :)

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Please correct me if I am wrong, but would you not be able to have the debt sent back to the council under the vulnerable persons section, in relation to your daughter being so poorly (my heartfelt regards and best wishes to you for her). I am sure someone with more know how will be along soon but just a thought. :)

 

 

no you are not wrong there it should be sent back to the council

 

the op should send a letter to the council and Andrew James providing proof of his daughters vulnerable status asking for the debt to be returned to the council

if they refuse then a formal complaint to the chief executive should be sent with a copy to his MP

asking him/her to intervene and help him resolve the situation

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regarding my daughter.

She had an operation to remove pressure on her brain. This op has a 50% success rate, but unfortunately due to her head circumferance increasing it looks as though it may well have failed, we find out later today..

 

The main concern is that anything can effect the pressure on her head, including any stress she feels. Too much of an increase in pressure could send her into a seizure, or damage her brain. These are worst case scenarios, but still possibilities.

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regarding my daughter.

She had an operation to remove pressure on her brain. This op has a 50% success rate, but unfortunately due to her head circumferance increasing it looks as though it may well have failed, we find out later today..

 

The main concern is that anything can effect the pressure on her head, including any stress she feels. Too much of an increase in pressure could send her into a seizure, or damage her brain. These are worst case scenarios, but still possibilities.

 

as a family you must be going through hell

 

I would phone your MP stress the urgency of getting this debt returned to the council and put on hold while you gather together confirmation of your daughters Vulnerable situation and the information required to confirm that Andrew James have conformed with legislation and added the correct fees to this account as you believe they have not as 2 parking tickets have escalated to £xxxx this being multiple visit fees and 2 Levy's against the same vehicle that has no value

 

if need be get his e-mail address and refer him to

the national standards for enforcement agents Vulnerable situations

http://www.hmcourts-service.gov.uk/infoabout/enforcement/bailiffs/standards.htm#part10

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I have contacted local MP's a couple of times with regard to help involving council tax and have to be honest, they were very helpful and stopped one outstanding debt getting a LO and being passed over and on a previous occassion they ordered the bailiff company refund the charges they put on. My case was minor in comparison to yours and believe that they will help you. (remember they want your vote as well!!!)

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i really do appreciate the time and effort that all the people on here take to help others out. If the whole world was more like this site it would be a much happier place.

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does anyone have experience of how helpful MP's are?

And does anyone here know if i actually have a case, or is this my fault and i just need to try and find the money?

 

you absolutely have a case regarding your daughters vulnerability

 

there is plenty case law .detailed assessments .local government ombudsman reports, confirming that multiple fees cant be charged

 

as for the levy on the car (that has no value) there is plenty to support the fact bailiffs can only levy on goods that have a value when sold at auction

 

they cant levy goods twice once goods are levied they belong to the local authority /bailiff until the debt is paid or removed and sold at auction

the 2nd levy is against there own goods

and how can they sell the same goods twice

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i have sent an email back to the parking services in the council asking how they can agree with the charges that have been placed on the file when quite clearly they dont comply with rules and regulations, but sadly they dont tend to reply to messages i send that often

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Have you sent emails to your local MP yet. I would do this as a matter of urgency as they can help get the debt passed back from the bailiff to the council.

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I sent one immediately after it was mentioned earlier and have had the generic automatic response of it could take up to 2 weeks for a reply... I will try ringing tomorrow as i know they are currently actively canvassing for votes so this may go in my favour..

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I sent one immediately after it was mentioned earlier and have had the generic automatic response of it could take up to 2 weeks for a reply... I will try ringing tomorrow as i know they are currently actively canvassing for votes so this may go in my favour..

 

there wont be anyone there tomorrow however there should be someone (his secretary) there today to take your call

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