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    • Hearing took place today.  Case dismissed with costs awarded. Neither UKPC or a representative turned up.  Apparently they messaged the court on 7 May asking for their case to be considered on paper.  Never informed me, which was criticised by the judge as not following procedure.  I was really annoyed as I would have preferred for the case to be thrown out before the hearing, or at least face them in court and see them squeal.   They are just playing a numbers game and hope you blink 1st!   Ended up having to change my flight, but  the costs awarded softens the blow. Was asked to confirm it was my signature on both the witness statement and supplementary statement.  Wasn't asked to read them, said she could see my arguments made and the signs were insufficient and no contract formed. Took maybe 10 mins in total.  Judge did most of the talking and was best for me just to keep quiet or confirm any statements made. Happy to have won as a matter of principle and have costs awarded. Maybe not worth all the time and hassle for any newbies or the technologically challenged.  But if you are stubborn like me and willing to put in the time and effort, you can beat these vultures! I big shout out to everyone who helped on the thread with their advice and guidance, special mention to FTMDave, thank you sir!  Really appreciate everyone's efforts. All the best!
    • I plan to be honest to avoid any further trouble, tell them that the name should be changed to my official name
    • There is no evidence that I was issued a PCN that was placed on the car and removed. It seems that I was issued a £60 PCN on the 8th of March (the parking date) but it was never placed on my car, instead,  they allege that they posted the PCN on the 13th of March and deemed delivered on the 15th. I never got this 1st £60 PCN demand. I only know about all of this through the SAR. I only received the second PCN demanding £100, which was deemed delivered on 16/04/2024 - that is 39 days after the parking incident.  I did a little research and "Legislation states that postal PCNs must be sent within 28 days, unless otherwise stated in the Regulations." as per London Councils Code of Practice on Civil Parking Enforcement.  The main issue is that I was not aware of the 1st £60 PCN as I didn't receive it - I'm not sure how this relates to the 28-day rule because that rule applies to the initial £60 PCN. PCM could say that "we sent him the letter by post and it was deemed delivered on the 15th of March" therefore the 28-day rule does not apply.  As regards the safety of the parking attendant, that is clearly something he chose to feel and he made the decision that his safety was threatened - I didn't even see him or had any interaction with him. I'm nearly 50 and I definitely don't look aggressive  I have also found this:  D.2 Service of a PCN by post: 54) There are some circumstances in which a PCN (under Regulation 10) may be served by post: 1) where the contravention has been detected on the basis of evidence from an approved device (approved devices may only be used in limited circumstances) 2) if the CEO has been prevented, for example by force, threats of force, obstruction or violence, from serving the PCN either by affixing it to the vehicle or by giving it to the person who appears to be in charge of that vehicle 3) if the CEO had started to issue the PCN but did not have enough time to finish or serve it before the vehicle was driven away and would otherwise have to write off or cancel the PCN 55) In any of these circumstances a PCN is served by post to the owner and also acts as the NtO. The Secretary of State recommends that postal PCNs should be sent within 14 days of the contravention. Legislation states that postal PCNs must be sent within 28 days, unless otherwise stated in the Regulations. This from London Councils Code of Practice on Civil Parking Enforcement.  The question is what is an approved device? Certainly, he had the opportunity to place the ticket on my car and I didn't drive away.  I looked further and it seems that an approved device is a CCTV camera - It seems that the photos taken were not actual film but images and it is not clear if they are taken from a video or are stills. I'm guessing if it was moving images then the SAR would have stated this.  From the Borough of Hounslow website: "There are two types of PCN issued under the Traffic Management Act 2004, which governs parking contraventions. The first is served on-street by a Civil Enforcement Officer, who will observe a vehicle and collect evidence before serving the PCN either by placing it in a plastic wallet under the windscreen wiper, or by handing it to the driver. The second is a PCN served by post, based on CCTV footage taken by an approved device, which has been reviewed by a trained CCTV Operator." From Legislation.gov.uk regarding approved devices: Approved Devices 4.  A device is an approved device for the purposes of these Regulations if it is of a type which has been certified by the Secretary of State as one which meets requirements specified in Schedule 1. SCHEDULE 1Specified requirements for approved devices 1.  The device must include a camera which is— (a)securely mounted on a vehicle, a building, a post or other structure, (b)mounted in such a position that vehicles in relation to which relevant road traffic contraventions are being committed can be surveyed by it, (c)connected by secure data links to a recording system, and (d)capable of producing in one or more pictures, a legible image or images of the vehicle in relation to which a relevant road traffic contravention was committed which show its registration mark and enough of its location to show the circumstances of the contravention. 2.  The device must include a recording system in which— (a)recordings are made automatically of the output from the camera or cameras surveying the vehicle and the place where a contravention is occurring, (b)there is used a secure and reliable recording method that records at a minimum rate of 5 frames per second, (c)each frame of all captured images is timed (in hours, minutes and seconds), dated and sequentially numbered automatically by means of a visual counter, and (d)where the device does not occupy a fixed location, it records the location from which it is being operated. 3.  The device and visual counter must— (a)be synchronised with a suitably independent national standard clock; and (b)be accurate within plus or minus 10 seconds over a 14-day period and re-synchronised to the suitably independent national standard clock at least once during that period. 4.  Where the device includes a facility to print a still image, that image when printed must be endorsed with the time and date when the frame was captured and its unique number. 5.  Where the device can record spoken words or other audio data simultaneously with visual images, the device must include a means of verifying that, in any recording produced by it, the sound track is correctly synchronised with the visual image. The rules state that "approved devices may only be used in limited circumstances"  I was not a threat. I was not present. I did not drive away. I think he has not fulfilled the necessary requirements justifying issuing me a PCN by post therefore the PCN was issued incorrectly and not valid.  What are your thoughts? I found that the parkin attended has a car with CCTV camera on it, however as I stated earlier, it seems that he did not take video of my car otherwise they would have stated so in the SAR. parking car .pdf
    • okay will do. I'll let you know if anything transpires but once again - many thanks
    • Personally I would strongly suggest not risking going there with debts. Very possible you wont get back out again. And I know many in that position. Not jailed just unable to leave. the stories of Interpol in other countries sounds far fetched but in and out of Dubai is not a good idea. only two weeks ago a mate got stopped albeit a govt debt.
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      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.

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HMRC signs up 10 DCAs following mega-tender - 26/05/2011


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Absotivly Posolutly!! bunch of bandits :jaw::!:

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I owe money to HMRC, wonder how long it will be before the DCA's start sending me even more love letters than they do already :oops:

Have £20k+ in debt, seriously want to be debt free, currently in temporary accomodation and having business problems.

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I like the bit

"an offer to pay by installment that we are able to accept"

Whats the betting they will not be able to accept what ever amount is offered

 

I am waiting to see how long before members are posting on here about demands for non-existent debts to HMRC

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The amount is around 1.5 K and I was informed that installments could last no longer than 3 months, so even if my sister paid all of her state pension and pension credit over to them every week it would still not clear the 'debt' in 3 months, so she is 'doomed'.

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pity it is not credit solutions that sent the threat-o-gram

 

Three of the four DCAs used in a previous HMRC debt collection pilot project have been retained - iQor, Fairfax and CCS Collect. It is believed the fourth, Credit Solutions, was not retained.

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Hi,

Just read this on Credit Today...Haven't Apex been selected by HMRC!

Just goes to show what an industry this is.....****!!

OFT warning to debt management firms - 27/05/2011

 

The Office of Fair Trading (OFT) has warned debt management firms that their licenses will be revoked if they do not operate within guidelines and withhold cash from creditors.

 

The comments come following a BBC investigation that alleged some firms held on to clients' cash rather than paying it to creditors in a bid to secure lower settlements.

 

David Fisher, OFT director of consumer credit, said businesses that operated a full final settlement model had a responsibility to tell consumers what they were doing with their money.

 

"We would be very concerned should a business mislead consumers," he said. "This would call into question its fitness to operate.

 

"We have warned the industry that it needs to improve its business practices and in June 2011 we will publish further guidance setting out the standards we expect of businesses that we license."

 

The BBC alleges that in one case Bolton-based Global Debt Solutions offered to arrange a repayment plan for £40,000 of credit card debt and loans but did not pass the money paid over to creditors.

 

As a result the creditors took the couple who had used the firm’s services to court, resulting in County Court Judgements against them.

 

Global Debt Solutions, which became 3 Step Finance, has since been shut down by the Insolvency Service.

 

Another company, Apex Debt Counselling & Management, is also named in the investigation as having withheld money from creditors.

 

Industry guidelines state that any money taken from debtors should be passed on to creditors within five working days.

 

Lisa Colclough, national money advice policy and development manager at Citizens Advice (CA) that offers free debt advice to consumers, said that some firms offered a useful service that people were prepared to pay for but a lack of regulation provided a fertile breeding ground for rogue operators.

 

"We continue to see far too many people whose debt problems have been made much worse by the high fees and poor service of some debt management companies - including cases where money is not passed on to creditors," she said.

 

The CA is calling for the Consumer Credit Act and data protection legislation to be updated to tackle these problems and has made a super complaint to the OFT calling for a ban on cold calls and upfront fees. A response is expected from the OFT next week.

Edited by twoman
DELETE PICKIE
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My sister had another letter this morning for CCS saying they were now chasing a second amount!!! I assume there can only be one amalgamated debt to HRMC? The first claim amount covers all the period since she became 60 up to date so who knows now where this second claim is coming from. Sadly she is now in a very distressed state and we do not know who to turn to next. It has been confirmed by a voluntary company helping 'older' people with tax affairs, that all her assessment are wrong and she owes much, much less than they are claim, the charity has written to them with her new calculations which HMRC are just ignoring. She is too ill and disabled to ever deal with this herself or appear in Court.

 

How did she get in debt - well originally when she was first eligible for State Pension they sent the gross amount to Pension Credit who topped her allowances up to the basic minimum. Apparantly this is wrong as they should have sent the net figure after taking into account what her liability to tax on her state pension would be. This has happened over 5 years, hence she now owes the tax from the minimum guaranteed pension income, which should have included an amount to cover this tax. So, basically the State Pension Office owe this money to HMRC but my sister is the piggy in the middle, we have proof of this, and have sent reams of paperwork to all concerned with copies of everything. No one has bothered to come back to her even though they were all sent Recorded. I think we either have to see our MP or write and send the lot to David Cameron to sort out!!

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Don't want to alarm anybody but are friends at CABOT are involved in this,

 

AnaCap buys Cabot Financial from Citi - 08/04/2011

 

AnaCap Financial Partners (“AnaCap”), the European private equity firm that specialises in the financial services sector, acquires Cabot Financial, the consumer debt purchasing firm, from Citi.

 

The purchase will create the UK’s biggest debt purchasing and collection business as AnaCap will integrate Cabot Financial with Apex Credit Management, another market leading debt purchasing and collections agency that is already owned by AnaCap’s funds.

 

Cabot Financial purchases consumer debt from financial institutions and other credit providers that no longer wish to manage that debt internally.

 

Apex manages debt on a contingent basis and also purchases debt from credit providers no longer wanting to manage it internally.

Dispatch, “We have a 911, Armed Robbery in progress, see Surplus Store corner of Peebles Drive and West 24th Street”

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Your right a DCA has no formal power, however HMRC does, so they will use this to chase and harrass under the guise of working for the HMRC, what is needed is people to collect evidence on abuse in this process

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Hi PGH, As you may have seen I have had dealings with the DCA's for nearly two years and have been told

that in collecting for government depts. they must conform to they codes of practice in place for all debt collection,

anything further has to be handed back to the dept. concerned.

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Up date my MPs' office has acknowledged my communication on the use of DCA'S for DWP

debt/over payment.

Will post up results.

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Couple of very large smelly ones HS:madgrin:

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I have received a reply from my MP with regard to the regulating of DCA's and CRA's employed

by the government to collect benefit over payments etc.

He has referred the matter to Lord Freud,Parliamentary Under Secretary of State (Welfare Reform)

He been asked to clarify exactly the manner in which the companies are regulated.

Edited by BRIGADIER2JCS

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