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    • Hi everyone, I am new to this forum. I am HOPING you can give me some advice that can help me. I am 68 years old and I currently own a leasehold property for which I have to pay (extortionate) monthly fees for Ground rent and Maintenance to a management company. During 2020, I managed to pay only for 6 months and then ended up in financial difficulty due to Covid. I was barely able to make ends meet. I stopped paying the maintenance fees around June 2020. My plan was to pay them a lump sum at the end of the year, when things go back to normal and my financial situation improved. Government advised things would go back to normal but unfortunately this didn't happen and I ended up in a lot of debt. I even had to sell my car to pay back money I had borrowed from family members. I live alone and this whole pandemic situation has really affected me mentally. To make matters worse, because I wasn't able to pay the lump sum as I originally had planned, the management company consulted a solicitor (Realty Law) to help them recover this outstanding debt. The initial debt was £596.00 + £36.15 for interest (no idea where this interest came from). The solicitors have now added on legal fees of £721.50 increasing the total debt to £1353.65. I contacted them via email and offered to pay £50 a month for the time being until I can improve my financial situation, at which point I would pay them more. Their response was the following: 'Our client has advised that they cannot honour a payment plan for that duration and therefore we have been instructed to continue our recovery process and request judgment if payment has not been made by 2pm on 29th October 2021. As such, we request that you please make full payment of £1353.65 as per the attached arrears schedule by 2pm on 29th October 2021. If payment or correspondence has not been received by then, then we shall be continuing with further recovery action and issuing a county court judgement (CCJ) which will incur additional fees. You are entitled to seek your own legal advice.'   The whole idea of court proceedings and CCJs and ADDITIONAL FEES has really elevated my anxiety levels to the point I am struggling to get to sleep at night. I borrowed money from family members and used some money that I had saved to pay off the initial £596.00, but its not possible for me to come up with the £700+ for the solicitor fees by 29th October. How is it even acceptable to charge someone £700+ in legal fees for a few letters?    Can someone please give me some advise on what on earth to do or who on earth I can speak to. I am desperate here.  Any advice would be greatly appreciated. Thank you in advance  
    • Please also take photos of the sign at the entrance as well as any signs inside the car park especially any that are different. Please take them from a distance where we can read them and if there is a payment machine, the sign on the machine or very close to it that explains their T&Cs for the machine.
    • Thanks for getting the signage posted up so quickly. The sign on entry should explain their T&Cs. As they don't it means that  what they have given you is  an offer to treat, not a contract. For there to be a contract they would have had to put their offer at the entrance.  You cannot put a notice saying that their T&Cs are inside the car park and expect motorists to be subject to those T&Cs when they are unaware what the terms are.. They have to be able to read them and understand them before they can accept them. My feeling is that the sign that includes the charge of £100 is too small to be acceptable On top of that the sign at the entrance is for Parking Control Solutions while the signs inside are from HX Management-a completely different animal. To strengthen your case for not paying them is the fact that their PCN is not compliant.  Under the Protection of Freedoms Act 2012 there are certain wordings in  the NTK  that by Law must comply with the Act. They don't  have to quote that part of the Act in their PCN but the relevant wording has to be included. PoFA Schedule 4 paragraph 9 [2]   the notice must  [f]   warn the keeper that if, after the period of 28 days beginning with the day after that on which the notice is given— (i)the amount of the unpaid parking charges specified under paragraph (d) has not been paid in full, and (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  NTK does not include  [if all the applicable conditions  under the Schedule have been met ]thus rendering the NTK non compliant.  
    • I agree its about time but why has it taken for the National Crime Agency to flag this up for then to take action and not Ofcom.   Yet again a Government Agency that is meant to deal with this hasn't Ofcom but flagged by another Agency NCA.   If the telephone companies have this facility in place already to do this then why hasn't Ofcom been pushing them to stop all these scam calls and giving them massive fines for not doing so.    
    • Hi   Send this to them:   Dear Sir/Madam   Formal Complaint   Reference:            (insert their complaint reference number here)   Thank you for your response letter dated XX/XX/2021 which I received by email on XX/XX/2021 that contained your Original Email sent that showed due to your Maladministration that you had sent the Original Email containing my Personal Data to an incorrect email address due to spelling errors in the email address.   a)      Due to this Maladministration of this email being sent to the incorrect email address this email contained my Personal Data which is a Data Protection Breach therefore I require clarification from yourselves that this Breach has been reported to your Data Protection Officer and what action is being taken to ensure that my Personal Data contained in that Original Email has not been read by the recipient that you sent that email to with the incorrect email address.   As the email was sent by yourselves to my correct email address containing the original email showing the incorrect email address was due to spelling errors (maladministration) your IT Department will be able to obtain those emails sent.   If I do not get a satisfactory response that this has been dealt with by your Data Protection Officer, I will report this Data Breach to the Information Commissioners Office (ICO) https://ico.org.uk/make-a-complaint/   b)      Due to this Maladministration I failed to receive your Stage 1 complaint response within the allocated time limit for a Stage 1 response therefore this complaint should be dealt with as a Stage 2 Complaint and if you refuse to treat this as a Stage 2 Complaint, I require Full Clarification for your refusal.   I was placed in this Tenancy via the Rough Sleepers Initiative and I find your response about damaged/destroyed items that you would not be able to look into this as this happened 2 years ago but all tenants regardless of private or social housing are responsible for arranging their own contents insurance totally unacceptable as again, I was never notified nor informed of this requirement on taking up this tenancy.   I require clarification from yourself that when a New Tenant takes up a Tenancy Agreement with yourselves why are the not informed of this requirement of Contents Insurance which you should be duty bound to inform all tenants on taking up a tenancy agreement if such a requirement and it should also be noted within that tenants Housing File which you have full access to as dealing with complaint so I require clarification as well if this is noted in my Housing File.   You state multiple properties throughout the area were affected by sewage flood on the same day and the issue will have stemmed from the mains which is not your responsibility.   a)      You have failed to take into that the above statement from yourself blaming the Mains is without any actual evidence from yourselves to back up this claim therefore I require clarification as to what actual evidence you have and to be provided with copies.   b)      You also failed to take into account that in my initial complaint letter that on 12th July 2021 basement flats 1 & 2 were flooded by sewage exacerbated by blockage in the property’s drainage. The blockage has been confirmed by two contractors after the flooding including CCR who were subcontracted by Pyramid Plus that it was the properties drainage that was blocked. Also, while I was decanted from this property, I was contacted by CCR who confirmed that the drain was blocked but they could not access manhole as it was inaccessible as it is located in a utility cupboard underneath carpet, floorboards so how could this be the Main and not your responsibility when it is within the properties boundaries.   Your response about how complaints have been made by residents in relation to this issue is that your system does not allow you to find that information is completely unacceptable as your Housing Association should be able to produce these as part of ongoing repairs and maintenance/procurement processes to present these to your Board for there yearly Budget meeting if not why not.   Then you state you are under no obligation to share that information; therefore, your organisation is not being Open and Accountable to your Service Users and under which Article of the General Data Protection Act (GDPR) are you using for this refusal.   You have also failed to mention that I can make that above request under the Freedom of Information Act (FOI) and what is your process for such a request again not being Open and Accountable.   I await your response.
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Parking fine.. bailiffs coming back today! Marstons!


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Hi all,I am totally confused about what this bailiff can or cant do! First off my son had a parking fine, in my car which he agreed to pay, with one thing and another life got in the way and it has been forgotten, until I received a hand delivered letter by a Mr Mc Govenn working for the marston group, I called him as soon as I had the FINAL NOTICE letter in my hand and asked him who and to to what I owed £475.16! He gave me a lot of abuse down the phone about not paying my bills and that he was returning that day to take goods from my home, then hung up on me! I called him back and asked him (in a calm voice) again who I owed this money to (I could not read the writing on the final notice letter!) he shouted “the council for a parking fine” and hung up again on me! With out giving me any chance to talk to him about it! The penny dropped and I remembered the fine! Darn we forgot to pay it. He then called back to say that he was returning with the police to collect goods! And he hung up again. I came straight on here and have been confused ever since! First off I called the police who advised me to call 999 if he comes to the property and to NOT call him again, they have also given me a log number and collar number of the officer I spoke to, I have also written a letter of complaint to Marstons out lining his aggressive and unreasonable behaviour and the fact he would NOT speak to me about the fine, and asking for a break down of the costs (£474.16) which he would not give me (in fact he talked NO sorry he shouted over me the whole 30 second I spoke to him!) He has called again today leaving a cheerful message saying he will hopefully be back before lunch! So parking fine….. I have offered to pay here and now BUT am not willing to pay these HUGE fees!Have spoken to the council, they said its out of there hands I cant pay them!Spoke to Marstons they said to speak to Mr C G! Police have told me not to speak to him!!!!!!!!!!WHAT do I do? I run an animal welfare charity from our home, I have had to switch the phone off over the weekend because of the constant text messages he has been leaving me and now I am totally stressed out and worried! Mt son has said he will pay the fine (he is very humble about all this) and any reasonable costs…What should I be asking this Mr Mc G when/if he returns ? Any advice please ….

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If he returns to the property, do as police say, call 999 quoting the incident reference.

 

If the council wont let your son pay the fine then he doesnt need to do anything.

 

The enforcement fee on a parking fine is 28%. He doesnt have to pay the hundreds of pounds of costs the bailiff is asking for, unless a court has made a costs order. Only the council can answer that, so ring them again and ask them when the costs order was made and at which court.

 

Others on here may be better informed.

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Thank you Bartok, i will do that right now. Its like living on a knife edge on death row waiting for him to come back! I have read and read and read everything i can find on this forum and its been really helpful. All this stress for a 30 qiud fine for a poxy town with no parking!!!! grrrrrr

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Mr bailiff is way out of order, have you kept all the text messages you received? and should he ring again then you must record any of the one sided conversations you will hold with him and should he attend in person then do as Bartok says and report him.

 

The Council cannot refuse your payment, take it in person and have a written statement prepared and request a signature from the person refusing the payment. eg.

I (your name) residing at (your address) did on (todays date) offer to (Council Name) the sum of (fine total) in relation to a parking fine issued on (date of fine) this payment has been refused by (name and position of Council employee)

 

WD

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Well they were helpful! they said no they could not take any payment and we had to pay the bailiff..i offered to come up (30 min drive away) and pay the fine and any charges from there office in cash and they still said no. Then she said she would speak to her manager!!!!! I said i could not pay what he was asking and i also asked about a costs order to which i was told again to speak to the bailiff as it was in there hands.It just seems to me you get passed from pillor to post for something so minor! i admit we got the fine and i admit we forgot about it! >sigh

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Mr bailiff is way out of order, have you kept all the text messages you received? and should he ring again then you must record any of the one sided conversations you will hold with him and should he attend in person then do as Bartok says and report him.

 

The Council cannot refuse your payment, take it in person and have a written statement prepared and request a signature from the person refusing the payment. eg.

I (your name) residing at (your address) did on (todays date) offer to (Council Name) the sum of (fine total) in relation to a parking fine issued on (date of fine) this payment has been refused by (name and position of Council employee)

 

WD

 

Yes i have two AP messages from him..the rest we picked up the phone (i also run a wildlife rescue and we are busy at the moment!) and then switched the phone off! Are these so called "fees" still classed as fraud? i need something to go at with him if/when he finally arrives!

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i also asked about a costs order to which i was told again to speak to the bailiff as it was in there hands.....

 

That means the council has not obtained a costs order. Its only been through the Traffic Enforcement Centre for enforcement so only the statutory 28% enforcement charge on the fine is payable.

 

Others on this forum may be better informed.

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Am also now worried that if he comes back (i have to take my car to its MOT at 2pm) he might be able to bully my elderly parents! what should i ask my parents to do if he shows up and iam not here? x

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That means the council has not obtained a costs order. Its only been through the Traffic Enforcement Centre for enforcement so only the statutory 28% enforcement charge on the fine is payable.

 

Others on this forum may be better informed.

 

Ok so that means the original fine and 28% on top...with no cost oder made and no court date how do i still fight the baliliff?

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Ask the bailiff what date the warrant was issued. This VERY important.

 

Also the warrant will have upon it the vehicle registration number that was used on the day that the PCN was incurred. If this car is outside of your home, then he is certain to clamp it. So please be careful.

 

If this is the first visit then the statutory fees that he SHOULD charge you are as follows:

 

If the warrant was for £127, the fee should be : £38.72

If the warrant was for £157, the fee should be: £47.09

If the warrant was for £187, the fee should be: £55.50

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the car is in my name so the fine is in my name, nothing to do with my son apart from the fact he got the fine! i have spoken to the manager at the council and he was really helpful, he said that the final fine was £110 and thats it all in. no other charges! am back from my MOT and still no sign of him! >sigh

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Now i am really stressed out! written my letters, had no visits from anyone, spoke to the council who said that we only owe them £110 that git came back today and pushed another letter througjh the letter box now demanding £426.29 I just dont no what to do, spoke to Marstons and they said i HAD to pay and its not fraud and they are within there rights to charge me this! I dont have this kind of money..i dont have anything they can take! >sigh

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Debbie, Dont talk to the bailiff any more infact dont talk to Marstons either, you will just stress yourself out even more. Talk to the council manager again and tell him to speak to the bailiff to except the right amount.. If he does not do this then tell him you are now going to make a formal complaint against him and the bailiff as the fees he is charging are excessive. The council are responsible for their bailiffs action. If their bailiff is acting incorrectly then the council should intervene

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thanks guys...just spoke to the council manager again, marstons seem to be telling some porky pies! he has suggested i go back to the court who issues the warrant ...so will try that...I did speak to Mr Mc G and he is so horrid, he said he CAN come into my home even though i live with my parents and he can take there things if i dont have receipts for everything he can take what he likes, i said i dont have the money to pay him and he said tough, he can and he will! I again have offered to pay the fine which is £110 but they said they cant take it at the office because of the court warrant....will let you no what the court say! x

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OK..bit of a result, spoke to the traffic inforcement peeps (phone number for anyone else who needs to appeal a parking fine is 08457045007 ) and have the forms coming for me to make an appeal which i can do via email, which will get sent back to my local council and its up to them to accept my offer of the fine payment of £110. I so hope they do....i might get some sleep and i have a very sad day tomorrow as seeing off an old friend. wish me luck x

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You have checked of course to see if he is suitably certificated? Whatever happens do not let him in, he may say he has the right but that doesn't mean to say you or anyone else has to oblige.

 

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I do hope you have recorded the call in which these threats to attend and take goods that clearly do not belong to you, have been made?

Personally I would hope he did call again..then I would call the Police as they have advised and while they are in attendance hand the Bailiff the £110 the Council say you owe to him in cash and ask for a written receipt. Should he fail to accept the money or demand more than what he is due, you have the perfect witnesses!!!

 

WD

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he said he CAN come into my home even though i live with my parents and he can take there things if i dont have receipts for everything he can take what he likes, i said i dont have the money to pay him and he said tough, he can and he will!

 

I have only recently been exposed to reading situation with bailiffs. They seem to have powers that are almost Medieval. I was recently reading a Lords speech on Vexatious litigation where much of the legal points were from case law set in the mid nineteenth century. They only outlawed Debtors Prison in around 1860. I thought I was living in the UK, not Bosnia in the 1990s.

 

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If the bailiff turns up film him with a mobile phone even, he cannot break in, or bring locksmiths at this stage, as the house is not in your name, any attempt at forced entry could be regarded as burglary, as the debt is not the householders, and you are merely a lodger. imho

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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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Bailiffs are constantly stating that they can ASSUME that all goods on the premises belong to the debtor. They are relying upon their own very loose interpretation of the court of appeal case of Observer v Gordon.

 

For the record, I would consider that this case can be IGNORED given the Judgment in the case of DSI Foods (Canapeum Ltd) This was an appeal by Sherforce (High Court Enforcement ).

 

The Judge concluded that DSI Foods had suffered a "real and substantial grievance in respect of the attitude and conduct of the enforcment officers" as the enforcment officer had "refused to consider any of the oral and documentary evidence that they were not the judgment debtor, that there were no assets belonging to the judgment debtor on the premises"

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For clarity tomtubby, where a debtor is a lodger with no interst in the property, that can lead to any liability for council tax etc, aren't the bailiffs on a very sticky wicket if we apply the judgment in DSI Foods (Canapeum Ltd) to their actions if they do push their way in and/ or levy on garden furniture, and the debtors status as a non dependent lodger, house guest has been communicated to them.

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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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