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    • just to be clear here..... the DVLA do not send letters if a drivers licence address differs from any car's V5C that shows the same driver as it's registered keeper.
    • sorry she is a private individual, the cars are parking on her land. she can clamp the cars. only firms were outlawed from doing it bazza. thats what the victims of people dumping cars on their drives near airports did and they didn't not get prosecuted.    
    • The DVLA keeps two records of you. One as a driver and one for your car. If they differ you might find out in around a month when they will send you a reminder as well as to your other half for their car. If you receive nothing then you can be fairly sure that you were tailgating though wouldn't explain why they didn't pick up your car on one of drive past their cameras. However even if you do get a PCN later then your situation will not change. The current PCN does not comply with the Protection of Freedoms Act 2012 Schedule 4 which is the main law that covers private parking. It doesn't comply for two reasons. 1. Section 9 [2][a] states  (2)The notice must— (a)specify the vehicle, the relevant land on which it was parked and the period of parking to which the notice relates; The PCN states 47 minutes which are the arrival and departure times not the time you were actually parked. if you subtract the time you took to drive from the entrance. look for a parking place  park in it perhaps having to manoeuvre a couple of times to fit within the lines and unload the children reloading the children getting seat belts on  driving to the exit stopping for cars pedestrians on the way you may well find that the actual time you were parked was quite likely to be around ten minutes over the required time.  Motorists are allowed a MINIMUM of ten minutes Grace period [something that the rogues in the parking industry conveniently forget-the word minimum] . So it could be that you did not overstay. 2] Sectio9 [2][f]  (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 PCN does not include the words in brackets and in 2a the Act included the word "must". Another fail. What those failures mean is that MET cannot transfer the liability to pay the charge from the driver to the keeper. Only the driver is now liable which is why we recommend our members not to appeal. It is so easy to reveal who was driving by saying "when I parked the car" than "when the driver parked the car".  As long as they don't know who was driving they have little chance of winning in court. This is partly because Courts do not accept that the driver and the keeper are the same person. And because anyone with a valid motor insurance policy is able to drive your cars. It is a shame that you are too far away to get photos of the car park signage. It is often poor and quite often the parking rogues lose in Court on their poor signage alone. I hope hat you can now relax and not panic about the PCN. You will receive many letters from Met, their unregulated debt collectors and sixth rate solicitors threatening you with ever higher amounts of money. The poor dears have never read the Act which states quite clearly that the maximum sum that can be charged is the amount on the signs. The Act has only been in force for 12 years so it may take a  few more years for the penny to drop.  You can safely ignore everything they send you unless or until they send you a Letter of Claim. Just come back to us if they do send one of those love letters to you and we will advise on a snotty letter to send them. In the meantime go on and enjoy your life. Continue reading other threads and if you do get any worrying letters let us know. 
    • Hopefully the ANPR cameras didn't pick up the two vehicles, but I don't think you're out of the woods just yet. MET's "work" consists of sending out hundreds of these invoices every week so yours might be a few days behind your partner's. There is also the matter of Royal Mail.  I once sold two second-hand books to someone on eBay.  Weirdly the cost of sending them separately was less than the cost of sending them in one parcel.  So to save a few bob I sent them seperately.  One turned up the next day.  One arrived after four days.  They were  sent from the same post office at the same time! But let's hope I'm being too pessimistic. Please update us of any developments.
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    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      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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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Hi, I am looking for all the advice I can get! I have got myself into arrears with my Council Tax over the last 5 years as such I now approx £1000 in unpaid Council Tax. I have been unable to set an arrangement with the Council as I have had many arrangements in the past and broke them all. So since about Feb I have made a payment of at least £10 per week every week without fail I am also up to date with this years council tax so after paying £130 a month for this years I cannot pay more than £10 a week. A liability order was issued in May 2010.

 

Last Thursday I came home and had received a hand delivered letter from Newlyn Bailiffs saying they had levied on a car which isn't even mine and saying I have 5 days to pay. They have added on £216.50 in charges as well.

 

So I have written 2 letters one to newlyn saying I am making my payments to the council, their charges are illegal and the car isnt mine and the other 1 to the council asking them to take back the debt (which i doubt they will), telling them i am going to make payments direct to the council and informing them of newlyns conduct.

 

have i done the right thing? does the fact that they have levied on a car even if it isnt mine mean they can now come into my home and use force? I know bailiffs can only charge for 2 visits but can they come to your home more than that and just not charge?

 

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You need to find out exactly where you are especially if you think you owe differing amounts over a period of time. In theory therefore the Council should have a Liability Order for each year. You should ring the Council and ask them:

1 - how many LO's they have

2 - how much each one is for

3 - when each one was obtained

4 - the period each one covers

5 - how much is still outstanding on each one

6 - when they were passed on for enforcement

Whatever you do don't rely on the figures the Bailiff gives you - he failed Maths

 

Still carry on as you are with payments. There is no law that says you have to speak to or deal with a Bailiff. Even if it were your own car he levied on does not give any right to come into your home, unless he gains peaceful entry. If he does call you are better off speaking through the letterbox or from an upstairs window. You are right in thinking he can only charge for 2 visits but how many times he does come is up to him - if he isn't getting paid he may decide to go elsewhere but this will not happen overnight.

 

PT

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  • 2 weeks later...

Hi, A few weeks ago I had a letter from Newlyn bailiffs for outstanding council tax from a liability order from may 2010,

i had been making payments to the council but it wasnt enough and they refused to set an arrangement so i had just been paying anyway.

 

newlyn sent me a letter levying a charge on a car which isnt mine (i dont even drive)

 

i wrote to them by recorded delivery to say the £216 charges were unlawful,

that they had levied a charge on a car which is nothing to do with me

and that i would be continuing to make payments to the council.

 

this was just over 2 weeks ago and i have had no acknowledgement of my letter

 

today i had 2 phone calls from them and a voicemail stating that they were coming to remove my goods and to avoid this i needed to call them, - i didnt.

 

my question is how long do i need to give them to respond to my letter and who do i complain further to if they dont respond.

 

i also copied in the council and they havent responded either.

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You send a formal complaint to the CEO, your councillor the council leader and MP, if after you notify the council that the bailiffs have made an unlawful levy on a third party car and ask them to remove the fee, they refuse, you should also keep the bailiff out and you don't legally have to deal with the bailiff.

 

others will be along soon to help further I'm sure

 

in the meantime check out this sticky from tomtubby regarding levys on third party motors.

 

Pay particular attention to this paragraph from the sticky

 

"The final paragraph is very important and I would suggest that when writing a letter of complaint that a copy of this article is provided to them as well. You should also copy your letter to the local authority and ensure that it is marked as a FORMAL COMPLAINT and addressed to the CHIEF EXECUTIVE. "

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?262730-Has-a-bailiff-quot-levied-quot-upon-a-car-that-is-NOT-owned-by-you-...-LOCAL-GOVERNMENT-OMBUDSMAN-S-Report-!!!!

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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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Have you read http://www.consumeractiongroup.co.uk/forum/showthread.php?262730-Has-a-bailiff-quot-levied-quot-upon-a-car-that-is-NOT-owned-by-you-...-LOCAL-GOVERNMENT-OMBUDSMAN-S-Report-!!!!

 

The chances are they will tell you you have to prove the vehicle isn't yours. If so that is a load of bull. The Council are liable for the actions of their contractor and it is them you turn to to sort it out. If the Council are deciding to ignore you and wait for a response from the Bailiffs then they are just making a rod for their own back - it will then prove they know nothing of the rules & procedures the Bailiff should have followed and can leave themselves open to further action.

 

At the time you wrote to the Bailiffs did you also ask for a breakdown of their fees. You say you wrote by RD did you check the RM Track & Trace to make sure it was delivered - it will pay you to send them a reminder by email. Their threats to come and remove goods will be just that - a threat - if they make good their promise they will leave themselves wide open to action by the vehicle owner. I assume they have not been in your home? You appear to be doing fine so far but may have to remember to budget for some Fees which may be due, providing no other goods have been seized this should be a maximum of £42-50 only.

 

PT

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  • 1 month later...

yes

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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i have merged you various threads on this Ctax debt

as they are all about the same ctax debt

so people can see the history

 

i'd advise you to stick to this thread for all related CTax/newy issues.

 

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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post 10 sri

 

i think so any way.

 

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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