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    • As per the heading, received a parking charge for failure to display a blue badge in a disabled bay on a retail park.  I am a blue badge holder, disabled/wheelchair user with a Motability vehicle. I received the charge as 'notice to keeper' I was not the driver. I don't have a valid driving license so use a carer. The notice arrived a week after the alleged incident. It states that as the 'driver' failed to pay the charge in full  hence, it is now the keepers responsibility ( the notice was dated 2 days after the alleged infringement and as no notice to driver was on the vehicle, I don't know how they expect the driver to be able to either pay or dispute the charge if they are not aware of it) Anyway, really looking for help how to reply. I cannot remember if the badge was correctly displayed or not. Photos taken of car miss a bit where I store my badge if not displayed so it would be possible to see a badge even if not 'correctly displayed" . It was a bit of a sh**ty day weather wise, gusty and raining  (as seen on the photos which reminded me of the actual day) so it is possible that badge blew to the floor as the driver was helping me out of the car into wheelchair. There is no windscreen photo showing that a PCN to "Driver" was stuck on the window either. The car park is free. There are no Parking Signs at all near the disabled bays that one could read to adhere to any terms and conditions. The whole row of disabled bays - of which are there many only state badge holders ( does not stipulate Blue Badge Holders) The notice states that the parking company is a member of the BPA and Operating in accordance with the British Parking Association's Code of Practice. The BPA, section 19.1 State that at least one parking sign should be near the disabled bays, in a position that can be easily  read by by a disabled person without leaving their car in order to decide to be bound by such terms. We returned to look for signage on the retail park and could not find one sign that was near the bays. The only sign we could find was high up on a pole but not near the bays. Someone had to get out of the car and stand on tip toes to be able to take a photo of a sign. I would be grateful if someone could help or point me in the right direction. It is now  15 days since the alleged incident and 7 days since I received the notice.
    • also just to clarify is it required that I physically post to both the county court and Evri? I read in another thread you can just email Evri a copy since they will just rescan whatever you post anyway (if they even read it)
    • I'm going to add some context here, it may or may not be different to mine, but it provides a hint around what you can expect from Overdales. My thread to read  TLDR  Lowell / Overdales lied about sending letters (I keep all mine), Admitted the default notice was faulty and made up their own, saying that's all fine, (Fake letters sent to 'prove ' it), Sent documentation that is illegible, not on letterheaded paper.  They will lie, try and make things up, try and send you offers to settle, play good cop, bad cop, all in the name of intimidating you into paying up, don't fall for it!  
    • Hi Dx,   I really have tried to fill the this in and paste the answers as I appreciate the advice    but it’s confusing as asks for e1 box and e2 box to answer I don’t have that    what I received from the court is    Form 02 Form 03 Form 05 Form 07 for if I wish to defend  also initial writ  Thanks 
    • The Tories seem to be confused at the moment, UB. Leaving aside the point about their record for now, Atkins completely ignored protocol by interrupting the Labour minister while he was speaking. I'm sure if a Labour MP had done that to a Tory minister there would have been uproar. I hadn't realised that Christopher Chope is a deputy Speaker now - I had go and and look that up.
  • Our picks

    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 162 replies
    • 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.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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i have today recieved two texts from a number representing marston group threatning to take my possesions regarding unpaid parking tickets. i have phoned the number and spoke to a mr[EDIT] who i informed i have already had my property listed on a walk in levy of goods with ross and roberts regarding council tax. but his reply was that does not matter we will be coming to take your goods unless full payment is recieved. i tried to arrange a payment plan with him and his response was no he will only accept payment in full. this is not the first time i have had the misfortune to have dealings with him. but last time i was able to borrow the money to pay. also i have made a complaint about him but still he is there being as demanding as b4 . what if anything can i do about this please

regards on the point of nervouse breakdown

ray

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I am not certain, but a levy on good for a different debt is just that.... for a different debt. They cant as far as i know use that levy for this debt ?? I am sure someone will clarify this if I am wrong or indeed right :)

 

Usual rules if I am right, dont open the door, dont leave windows open and dont leave anything outside they can levy on :)

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hi

you are correct they cannot use that levy on this case but the levy means i am told means that mr mc govern cannot take these items should he gain entry. the original bailiff who made the levy told me that. but this mr mc govern states in his words it does not matter his team wll be round b4 9 tonight to take my goods unless full payment is made. the last time i dealt with him he just laughed and said 'i just want to take your goods.'

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hi

you are correct they cannot use that levy on this case but the levy means i am told means that mr mc govern cannot take these items should he gain entry. the original bailiff who made the levy told me that. but this mr mc govern states in his words it does not matter his team wll be round b4 9 tonight to take my goods unless full payment is made. the last time i dealt with him he just laughed and said 'i just want to take your goods.'

 

To take your goods, he has to gain peaceful entry :) when/if they turn up.... record them from a upstairs window and under no circumstances open the door :)

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Correct Marstons have no rights to any access to your property, unless a judge or magistrate has authorised which they won't have. You just don't let them in and keep all doors/windows locked. Also make sure no cars around to levy on and nothing in your garden they could also levy on. If you let any bailiff in or they walk in through an unlocked door, obtaining a walk in possession, they can come back and gain access when they want if you are there.

 

Don't think they could levy on the same goods as R&R in regard to Council Tax.

 

If you are suffering from any mental health issues, which many people will do in this situation, then you need to see your GP. If you ever need to claim any ESA or other state benefits, they will need info from your GP. Once you are noted as suffering from any health issues, you are then seen as vulnerable. The council, if they are aware of this may be faced with having to take the council tax debt back and for you to come to an arrangement to pay them what you can afford. The same is true with Marstons. If you are considered vulnerable, they have to tread carefully.

 

Who issued the parking tickets ? Have you been taken to court ?

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torridge council have issued the tickets and i do not recal any notification of court or i would have tried to attend so i could offer a payment plan. i certainly have no intention of opening my flat door but the problem is the comunal front door to the property is left open all day so they can gain accsess to the building but not my flat.

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hi yes i did know about the tickets but put them to one side because i did not have the money to pay at the time. and subsequently forgot about them. in that respect i know i am 100% at fault. i tried to speak to council about payment plan but they would only insist that it was now up to the bailiffs and they could not do anything

i would be willing to set up a payment plan as the tickets wer indeed mine but mr mc govern will not accept this and honestly he laughs at you when you tell him you cannot afford to pay full payment

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rayjsteer, i am sure a senior member with more knowledge can guide you better but can you please tell us if you are working or not? if not are you on benefits? do you have a family or do you live on your own? Do you have a car under your name or outside which he can levy on or clamp? Another thing is that bailiff can NOT gain an entry by force.

 

http://www.direct.gov.uk/en/MoneyTaxAndBenefits/ManagingDebt/DebtsAndArrears/DG_10034289

 

They have to gain a peaceful entry and if you dont open the door or invite them in than they can keep on visiting you and will keep on threatening you. He might also threaten you with locksmith but they can only use the option of locksmith on a COMMERCIAL property. As for the tickets can you try and pay them on those automated services over the phone? or can you go to one stop shop and try if they can take cash from you there for the tickets? If you can pay for the tickets directly and got the receipt that the parking tickets were paid than you might not have to deal with the bailiff. Again as i am new to these things and not have as much knowledge as many of the senior members here i would suggest you wait till someone with more knowledge can give you more advice and ill try and find out if there is anymore you can do but do not open the door to bailiff, do not talk to him and even if you talk to him over the phone than make sure you get the call recorded otherwise he would come knock on the door, put a letter through the letter box and bye bye.

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The person you mention has a reputation to equal, if indeed not surpass, that of MrBoat the Rossendale bailiff who was exposed last October.

 

Please do record any conversation you ever have with this man as I am sure his days will also be numbered and perhaps this will be just enough to take Marston's down with him.

 

Refuse the man entry at all costs and he will have no choice other than to return the matter to the Court at which point you will be called to appear and explain reasons for non payment and can then make an offer to payments, if unemployed ask these be taken from your benefits. If he calls the police they cannot assist him to get entry they can only ensure there is no breach of peace....the locksmith he will allege to have called has no right to force entry unless a warrant from the Court has been issued solely to that purpose and they are rarely given without the debtor being recalled to the Court, he cannot arrest you, take your children into care, levy on a pet rabbit or put your granny in a home with these being amongst everything else he will be likely to threaten/

 

Stay firm and if he wont accept an offer to a payment plan you can afford, sit it out and wait until it goes back to Court.

 

WD

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Can the bailiff force entry into my home?

 

If the bailiff is pursuing you for an unpaid fine of a criminal nature…then the answer unfortunately is... yes. However, this is more of a threat and during the past year it would appear that bailiffs forced entry into a property to enforce a Distress Warrant on less that 10 occasions.

 

The right for bailiffs acting on behalf of the Magistrates Court the power to “enter and search any premises” for the purpose of executing a Warrant of Distress was granted under Paragraph 3 of Schedule 4A of the Magistrates Courts Act 2004. This provision was also then inserted into the Domestic Violence, Crime and Victims Act 2004.

 

The right to force entry however only applies to the collection of unpaid fines which are criminal matters.

 

It is important to note that these rules do not apply to the collection of unpaid council tax, business rates, unpaid parking and congestion charge notices, CSA arrears etc. The rules only apply to unpaid fines administered in the Magistrates Court.

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Can the bailiff force entry into my home?

 

If the bailiff is pursuing you for an unpaid fine of a criminal nature…then the answer unfortunately is... yes. However, this is more of a threat and during the past year it would appear that bailiffs forced entry into a property to enforce a Distress Warrant on less that 10 occasions.

 

The right for bailiffs acting on behalf of the Magistrates Court the power to “enter and search any premises” for the purpose of executing a Warrant of Distress was granted under Paragraph 3 of Schedule 4A of the Magistrates Courts Act 2004. This provision was also then inserted into the Domestic Violence, Crime and Victims Act 2004.

 

The right to force entry however only applies to the collection of unpaid fines which are criminal matters.

 

It is important to note that these rules do not apply to the collection of unpaid council tax, business rates, unpaid parking and congestion charge notices, CSA arrears etc. The rules only apply to unpaid fines administered in the Magistrates Court.

 

 

If I am right, the OP fines are for unpaid parking fines ... thus a CIVIL matter so no offense all the above in post 11 is irrelevant and is likely to scare the OP.

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It is important to note that these rules do not apply to the collection of unpaid council tax, business rates, unpaid parking and congestion charge notices, CSA arrears etc. The rules only apply to unpaid fines administered in the Magistrates Court.

 

If I am right, the OP fines are for unpaid parking fines ... thus a CIVIL matter so no offense all the above in post 11 is irrelevant and is likely to scare the OP.

 

No offense taken :) the reason i posted all of it was so the OP knows where he stands and the last paragraph explains that the bailiff cannot force an entry so he dont get worried as much.

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Forgive me but why are we discussing Baliff queries on a Benefits Forum when there has been no mention of Benefits advice??????

It must be because the thread is on the BAILIFF forum, and is discussing the obnoxious actions of a particular bailiff.

We could do with some help from you.

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Have we helped you ...?         Please Donate button to the Consumer Action Group

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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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It must be because the thread is on the BAILIFF forum, and is discussing the obnoxious actions of a particular bailiff.

 

Must be on two Forums then, dont think my computer screen would lie to me, the first 64 threads are all Benefit related except this one.

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Must be on two Forums then, dont think my computer screen would lie to me, the first 64 threads are all Benefit related except this one.

This is the forum it is on:

 

http://www.consumeractiongroup.co.uk/forum/forumdisplay.php?168-Bailiffs-and-High-Court-Enforcement-Officers

 

It's possible OP duplicated it on benefits also but if someone is on benefits, then the enforcers should follow the guidelines and treat them as vulnerable, as deductions from benefit are possible for council tax and fines. People on benefita are on subsistence levels, and are deemed to have no remaining available income usually.

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

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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Must be on two Forums then, dont think my computer screen would lie to me, the first 64 threads are all Benefit related except this one.

 

It may have been moved from the benefit forum to here, can you let me know if it is still there.

 

I have also edited the title of this thread,

 

Please do not name bailiffs.

 

Thank you .

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hi, i have a payment plan set up with the marston group but the only contact i have had with them is a first visit, i have received no letters or any other form of communication, i have been late on a payment and i dont know where i stand as no contact has been made by them, the payment has now been paid but can they still come and try and get goods, when i phone them i get the you arent up to date with payment you will be contacted by one of are bailiffs. i suffer with depression and just calling them causes me to have panic attacks, i dont need this can anyone help and let me know if they can get away with not communicating with me?

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hi, i have a payment plan set up with the marston group but the only contact i have had with them is a first visit, i have received no letters or any other form of communication, i have been late on a payment and i dont know where i stand as no contact has been made by them, the payment has now been paid but can they still come and try and get goods, when i phone them i get the you arent up to date with payment you will be contacted by one of are bailiffs. i suffer with depression and just calling them causes me to have panic attacks, i dont need this can anyone help and let me know if they can get away with not communicating with me?

 

Hi loubiedoo, welcome to CAG

 

It would be better to start your own thread so the advice can be personal to your situation, so you may use the one I have started for you here:

 

http://www.consumeractiongroup.co.uk/forum/newthread.php?do=newthread&f=168

 

Yes Marstons may well call, say you are in default add fees and demand full settlement via thresta and lies, as that is what they do.

What is the debt for, fine, or council tax, or a council PCN? There are differing ways to deal with each, and if it is court fines it is imperative to tackle things quickly

However you say to have depression, you may well fall into the vulnerable category, so it would be a good idea to send proof of diagnosis to the creditor and Marstons, stating you are vulnerable, and the bailiff action will only make things worse for your health.

 

Truy not to worry or stress you will find help on CAG

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

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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