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    • Thank you for posting up the results from the sar. The PCN is not compliant with the Protection of Freedoms Act 2012 Schedule 4. Under Section 9 [2][a] they are supposed to specify the parking time. the photographs show your car in motion both entering and leaving the car park thus not parking. If you have to do a Witness Statement later should they finally take you to Court you will have to continue to state that even though you stayed there for several hours in a small car park and the difference between the ANPR times and the actual parking period may only be a matter of a few minutes  nevertheless the CEL have failed to comply with the Act by failing to specify the parking period. However it looks as if your appeal revealed you were the driver the deficient PCN will not help you as the driver. I suspect that it may have been an appeal from the pub that meant that CEL offered you partly a way out  by allowing you to claim you had made an error in registering your vehicle reg. number . This enabled them to reduce the charge to £20 despite them acknowledging that you hadn't registered at all. We have not seen the signs in the car park yet so we do not what is said on them and all the signs say the same thing. It would be unusual for a pub to have  a Permit Holders Only sign which may discourage casual motorists from stopping there. But if that is the sign then as it prohibits any one who doesn't have a permit, then it cannot form a contract with motorists though it may depend on how the signs are worded.
    • Defence and Counterclaim Claim number XXX Claimant Civil Enforcement Limited Defendant XXXXXXXXXXXXX   How much of the claim do you dispute? I dispute the full amount claimed as shown on the claim form.   Do you dispute this claim because you have already paid it? No, for other reasons.   Defence 1. The Defendant is the recorded keeper of XXXXXXX  2. It is denied that the Defendant entered into a contract with the Claimant. 3. As held by the Upper Tax Tribunal in Vehicle Control Services Limited v HMRC [2012] UKUT 129 (TCC), any contract requires offer and acceptance. The Claimant was simply contracted by the landowner to provide car-park management services and is not capable of entering into a contract with the Defendant on its own account, as the car park is owned by and the terms of entry set by the landowner. Accordingly, it is denied that the Claimant has authority to bring this claim. 4. In any case it is denied that the Defendant broke the terms of a contract with the Claimant. 5. The Claimant is attempting double recovery by adding an additional sum not included in the original offer. 6. In a further abuse of the legal process the Claimant is claiming £50 legal representative's costs, even though they have no legal representative. 7. The Particulars of Claim is denied in its entirety. It is denied that the Claimant is entitled to the relief claimed or any relief at all. Signed I am the Defendant - I believe that the facts stated in this form are true XXXXXXXXXXX 01/05/2024   Defendant's date of birth XXXXXXXXXX   Address to which notices about this claim can be sent to you  
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Hi alison

 

its time for you to make a formal request to the Bailiffs for a breakdown of their fees: something like this :

 

your name and address

the bailiff companies address

 

Dear Sirs,

SUBJECT ACCESS REQUEST ( S.7.)

Dear Sirs,

Re: your council tax reference numbers

The purpose of this letter is to make a Subject Access Request pursuant to Section 7 of the Data Protection Act 1998, as I object to the level of fees that have been applied to my particular case.

Accordingly, I require a full and detailed breakdown of the fees and charges that have been applied to my account. In providing this information, could you ensure that you provide a true copy of the screen print/computer record of my account.

With regards to van fees and attendance fees, please state the date and precise time of the attendance and the type of vehicle used.

Could you also confirm the name of the Certificate Bailiff dealing with my account and the date and court details where he gained his certificate and confirmation also that his certificate provides from him to work for your company.

Please find enclosed a postal order for £10.00 payable to the bailiff company. Could you please confirm that this request has been received? I am enclosing a stamped addressed envelope for this purpose.

I look forward to receiving this information as soon as possible, but in any event, within the strict time limits imposed under the above Act.

 

Yours Faithfully.

 

continue making payments to the council direct online or by a council tax payment card. Tell the Bailiff point blankly you be paying him nothing until the SAR is returned.and most importantly don't believe a word he says.and do not under any circumstances let him in.

 

 

In my experience any other letter to the Bailiffs will come back rather vague. Once you have the information on the fees then you will have some kind of starting point to argue with the council, because without it all they will do is back up whatever the Bailiff company tells them.

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I am getting so angry at the charges that some bailiffs are applying to accounts.

 

You say that the bailiff has NOT been into your property. Is there a possibility that the bailiff may have levied upon goods OUTSIDE of your home. This would normally be a car.

 

Can I just make one point here. Bailiff's will leave a letter and it will say that "WE CAN REMOVE GOODS IN YOUR ABSENCE". Almost everyone reads into this to think that this means that the bailiff is going to break into the house when you are out at work/shopping etc.

 

IT DOES NOT MEAN THIS AT ALL!!!!

 

For instance, OUTSIDE of your house (front garden etc) there MAY be expensive items such as a sit on mower, quad bike, expensive garden equipment etc and it is THESE goods that can be removed IN YOUR ABSENCE.

 

To work out what the fees should be and what payment arrangement would be acceptable, you need to confirm whether a levy has been made on a car of yours.....

.

.

.

.

PS: From reading my July Newsletter, you will see that the council are WHOLLY RESPONSIBLE for the actions and fees of THEIR AGENT!!

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?315154-CAG-Newsletter.-Bailiff-tactics-!!!

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thats what I said to the jacobs balliff when he'd put a levy on my rover and poked the papers through my letterbox when no one was here..........he'd get the car over someone else dead body NOT mine lol I thoght then there was no way they could JUST do that but it did scare me a bit and so I paid up over two payments I think it was a £600.00 bill and only having my widowed parent allowance and on off work wages I did find it so hard to do but ahh well it's done now.............councils are heartless when it comes to we tax payers but ok when it comes to anyone strait off the boat

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I have no goods outside the property that could be levied on, so does the bailiff have the right to charge me another £150.00 for a visit, he has never gained access to the property either. My original outstanding council tax bill is £443.58, first visit from the bailiff the bill stands at £655.08, second visit from the bailiff the bill now stands at £785.08.

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I'm gutted for you alison I know jacobs are using bully tactics they seem to think they are outside the law and in the situation I was in about 18 months ago when I was going to laugh it off but then thought they would turn up with a car trailer to take away my classic car WOW...didnt know I had rights then like I do now or else grrrrrrrrrr

 

mine was council tax too ...basts

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I have no goods outside the property that could be levied on, so does the bailiff have the right to charge me another £150.00 for a visit, he has never gained access to the property either. My original outstanding council tax bill is £443.58, first visit from the bailiff the bill stands at £655.08, second visit from the bailiff the bill now stands at £785.08.

 

 

Its time to get all the info you can on the charges. For all you know he could have levied on the neighbours car! anyones car ! seriously i tell you from experience all he has to do is scribble on the notice of seizure that a nieghbour said its yours , dont bother to give it to you and Bingo theres his levy charge ,and call again for an unsuccessful pick up and Bingo another charge.

 

SAR is the way to go it will also send them a signal your no mug.

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I was in when he posted the second letter through the door and know it was only him and a his car outside, I have told jacobs head office that I will have no contact with this bullying, intimidating man, at which the girl told me I am well within my rights to do so. I will be getting straight on to doing a letter to jacobs head office to request a break down of the charges, which once I receive this I will then scan the letter and forward it onto the council. Thanks again for all the sound advice.

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I was in when he posted the second letter through the door and know it was only him and a his car outside, I have told jacobs head office that I will have no contact with this bullying, intimidating man, at which the girl told me I am well within my rights to do so. I will be getting straight on to doing a letter to jacobs head office to request a break down of the charges, which once I receive this I will then scan the letter and forward it onto the council. Thanks again for all the sound advice.

 

 

Dont forget send everything registered to be signed for the other end, and track it on the Royal mail website or they will deny ever getting it.

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I'm gutted for you alison I know jacobs are using bully tactics they seem to think they are outside the law and in the situation I was in about 18 months ago when I was going to laugh it off but then thought they would turn up with a car trailer to take away my classic car WOW...didnt know I had rights then like I do now or else grrrrrrrrrr

 

mine was council tax too ...basts

 

Did you ever ask for a breakdown of the fees applied? Did you also know you have 6 years from when you paid to get any overpayment back?

 

PT

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can anyone tell the outcome if they have actually:

 

a. refused to deal with an abusive bailiff ?

 

b. paid in instalments the original debt, prior to bailiff charges, direct to a council ? or

b2. paid the original debt, prior bailiff charges, direct to a council ?

 

c, who is responsible for the bailiff charges should the debt be either recalled or returned to a council ?

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Can anyone tell the outcome if they have actually?

A. refused to deal with an abusive bailiff? Yes I’ve also refused to deal with the council until they sorted their bailiffs fee out ……(although this is not advisable unless you live on your own and know the drill ) it soon got sorted

B. paid in installments the original debt, prior to bailiff charges, direct to a council? (This can be done few councils will refuse payment across the counter)

B2. paid the original debt, prior bailiff charges, direct to a council ? I am currently paying direct to the council and ignoring the bailiffs completely …..Nothing in the council Tax (Administration and Enforcement) Regulations 1992 say you have to deal with bailiffs, but bailiffs are a part of recovery covered in regulation 45 Distress

c, who is responsible for the bailiff charges should the debt be either recalled or returned to a council ? I believe if the council recalls the debt you would be liable for their fees ie 1st visit £24.50 second visit £18.00 or for whatever work fees they have charged (as long as they are in line with legislation (they usually aren’t) the other example is if you ignore the bailiffs totally any fees or levy would be abandoned so would the charges

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can anyone tell the outcome if they have actually:

 

a. refused to deal with an abusive bailiff ?

 

b. paid in instalments the original debt, prior to bailiff charges, direct to a council ? or

b2. paid the original debt, prior bailiff charges, direct to a council ?

 

c, who is responsible for the bailiff charges should the debt be either recalled or returned to a council ?

 

a: yes paid all my council tax arrears online

 

B yes i paid as much as i could regularly, while refusing to deal with Bailiffs, The council refused to take back the account but i carried on regardless.

 

C you are responsible for LEGITIMATE charges only. i made a initial enquiry for a breakdown of charges, which the council still stated were ligitmate , then made a SAR sent a copy to the council and hundereds of pounds worth of Bailff charges were deemed invalid. i was left with the normal first and second visit fees of ;

 

£24.50 for the first visit

£18.00 for the second visist.

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thanks agb657, what did the council do when the account was paid in full, and if you dont mind me asking how long did the whole thing go on for. Also once you had start making payments did the bailiff return at any time.

 

 

The council did nothing! they told me not to pay, and to pay the bailiffs. I kept on paying regardless untill the account was clear. the bailiffs turned up occassionally and rang a few times, i told them straight i wasnt giving them a penny and i was paying the council . I had all sorts of threats including imprisonment from the Bailiffs .

 

I sent for a breakdown of charges sent it to the council who said it was all legit.

 

I then sent a SAR got that back and sent a copy to the council and low and behold hundreds of pounds were deemed invalid.

 

Actually it went on for around 18 months because i wouldnt accept the Bailiff charges or the affirmation of their legitimacy from the council. and i was right to do so.

 

I am Ok with paying the legitimate charges of the Bailiffs, I. E. first and second visit charges.

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thanks for the quick reply, I am at a stage of thinking I should just pay the whole amount of original debt direct to the council, but feel that I will still have a battle going on with the bailiffs for quiet a while yet.

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thanks for the quick reply, I am at a stage of thinking I should just pay the whole amount of original debt direct to the council, but feel that I will still have a battle going on with the bailiffs for quiet a while yet.

 

If it leaves you skint pay it off in installments online. In the meantime get a breakdown of charges from the bailiffs and send a SAR to the bailiffs send copies of both requests to the council and by signed for post , post the breakdown on here and let the guys have a look , Dont put any personal stuff like full name and addresss or reference numbers on here though!,no need to pay the bailiffs anymore than you have to.

 

I have to add that i couldnt have achieved what i did without the help of the people on this forum.

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there is just one other thing when you made payments direct to the council how did you know it was taken from the debt and not that years council tax

 

Because when you pay on line it gives you the option of which years liability your paying (well it does om my particular councils website) I hope yours does too.

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Because when you pay on line it gives you the option of which years liability your paying (well it does om my particular councils website) I hope yours does too.

 

This is most important, as you can pay onto the account that is in arrears, and pay down the Liability rather than current year which is a separate issue.

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This is most important, as you can pay onto the account that is in arrears, and pay down the Liability rather than current year which is a separate issue.

 

 

brassnecked is right. Its of the utmost importance you pay the account thats in default.

 

Check out the online payment section under council tax on your Local Authorty website. Thats exactly what i did it gave me the option by the year.

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I have cheded out the councils pay online page and I am not given the option the select the year I wish to pay, although already have direct debits set up for this years council tax, from another bank account. Surely if I make the online payments plus the direct debit payments then I am showing that I am actually trying to pay the debt off.

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I have cheded out the councils pay online page and I am not given the option the select the year I wish to pay, although already have direct debits set up for this years council tax, from another bank account. Surely if I make the online payments plus the direct debit payments then I am showing that I am actually trying to pay the debt off.

 

Did my post #17 make any sense? From what I can make out the authority's council tax system should have built in allocation rules. For example, if your payment matches up exactly with your normal instalment, or an agreed repayment amount, this money will go towards the account or debt to which it corresponds (an example would be your direct debit). However if the sum you pay doesn't match any agreed payment amount, then it should automatically be allocated to the oldest debt. I would confirm this with your council, though probably easier said than done.

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I have cheded out the councils pay online page and I am not given the option the select the year I wish to pay, although already have direct debits set up for this years council tax, from another bank account. Surely if I make the online payments plus the direct debit payments then I am showing that I am actually trying to pay the debt off.

 

 

ARRRGh thats unfortunate! my councils website has last years amount otstanding and this years installments seperate.

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