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    • Morning all,   the pdf in my previous post is an error. Could soemeone delete it please as I don't seem to be able to myself. Thank you.   Correct files are below. Had to be 2 as file size limit would be exceeded.   What a night, got myself in a right muddle switching between file formats to ensure security. To cap it all it's my birthday today.   Thank you in anticipation final multi.pdf Second two page file elms 1 and 2.pdf
    • This is a draft of my WS   By no means final   Negatives:   doesnt follow smoothly    long winded   not much referene to cases except Beavis     I have tried to attach appendied but failed miserably, but I may not need them   The appendix are essentially:    IPC COP example of a contract between landowner and a PPC   IPC COP re entrance signages   IPC COD re sanctions on members who dont comply   JPEG of the erected signage showing that its back is to the entrance of the car park hence not in immediate view   JPEG of a receipt from 16.1.2021 ( yesterday) proving I went there and had a look at the signages     Not really sure if the appendices will make much difference en my defence   Please make any constructive comments etc..   I will have a look at the many links  FTM Dave kindly provided. I havent in detail because bene typing for the last 7 hours      Anyhow Thanks All             WS redacted-merged.pdf
    • Thanks DX 100   haha i totally  agree with your comment about the page 20    Yes I am awake and been all night w my WS   BUT can I point this very very very impt point please, which I am not sure if it has come to your attention   1. The payment machine and 6 hours and the free parking after 4.30 pm on a Saturday etc....all taken on board.   HOWEVER, and I cant stop myself laughing, this pay machine  he eludes to is based at The Market Shopping Centre Car park , after googling it is in CREWE.  It is not even relevant. They have put in a signage that is not even at the Merry Hill Centre which is in the West Midlands.    The Merry Hill Centre is the one I went to in Dudley, west midlands. All the signages , apart from the one you elude to have the intu Merry Hill logo     The one you refer to is in Crewe. I have never been to Crewe in my life lol so that signage is totally irrelevant    we can play this either way:   1. can take up your line of argument regarding the 6 hours etc. and pretned we are also using the pay machine    OR     2. totally dismiss it as being irrelevant, misleading , wasting the time of everyone by providing irrelevant info. Thats what I have argued in my WS so far. That signage does not belong to inTu Merry Hill            This is akin to someone being on annual leave from work between say 1.10 .2020 and 1.11.2020, and then finding out one of his/her collogues saying,  I saw you leaving work early last week , the 15th of October 2020.   hello !!!, I wasnt even in the country on the 15th of October 2020 !!   essentially thats what the claimant has done . The signage on page 20 doesnt even belong to the shopping centre I went to   I will log out and carry on with th WS     Thanks again       .   
    • Thank you FTMDave. As you can see from the time now I have had a nightmare getting questionnaire answered due to scanner problems, it is up there now though. I do not have proof of breakdown as the alternator was bought from a breakers yard near Chelmsford. I remember it well as they sold me the wrong one on the Saturday and I had to go back in my mechanic friends vehicle on Sunday as I had broken the original alternator getting it off.
    • 1 The date of infringement? 19/12/2019   2 Have you yet appealed to the parking company yet? [Y/N?] No. I did, unfortunately use the MyParkingCharge.co.uk portal to deny liability as the keeper and deny any contract. I mistakenly thought this was where I made a SAR. (I now see looking at the site again that it is actually. https://excel.zatappeal.com ) This was replied to as if it were an appeal.   if you have then please post up whatever you sent and how you sent it and the date you sent it, suitably redacted. [as a PDF- follow the upload guide]   has there been a response? yes please AS A PDFFILE  ONLY ..post it up as well, suitably redacted. - follow the upload guide]   If you haven't appealed yet - ,.........DONT ! seek advice on your topic first.   have you received a Notice To Keeper? (NTK) [must be received by you between 29-56 days] Yes. Issue date indicates that if "contravention" date is day 1 then NTK was issued on day 15 so arrived well before day 29. Document received was PCN/NTK in one. (see pdf)   what date is on it Issue date is 02/01/2020   Did the NTK provide photographic evidence? Yes   [scan up BOTHSIDES to ONE PDF of the PCN and your NTK - follow the upload guide]   3 Did the NTK mention Schedule 4 of the Protection of Freedoms Act 2012 (PoFA) [Y/N?] NO   4 If you appealed after receiving the NTK, did the parking company give you any information regarding the further appeals process? [it is well known that parking companies will reject any appeal whatever the circumstances] Suggested appeals could be made via IAS   5 Who is the parking company? VCS   6. where exactly [Carpark name and town] did you park? Broke down on service road of Southend Airport, Southend-On-Sea   please do not put JPG Picture files into your post   .............................   For PCN's received through the post [ANPR camera capture]  (must be received within 14 days from the Incident)   please answer the following questions.   1 Date of the infringement 19/12/2019     2 Date on the NTK [this must have been received within 14 days from the 'offence' date] 02/01/2020.   I recall noting, when it arrived on Saturday 16th Jan 2020 that this was more than 14 days from "offence" date.   [scan up BOTHSIDES as ONE PDF- follow the upload guide] please do not put JPG Picture files into your post   3 Date received 16/01/20   4 Does the NTK mention schedule 4 of The Protections of Freedoms Act 2012? [Y/N?] No   5 Is there any photographic evidence of the event? Yes   6 Have you appealed? [Y/N?] post up your appeal] Not as such. See this entry for PCN above.   Have you had a response? [Y/N?] post it up As above.   7 Who is the parking company? VCS   8. Where exactly [carpark name and town] Broke down on service road of Southend Airport, Southend-On-Sea   For either option, does it say which appeals body they operate under. Initial appeal to be via www.myparkingcharge.co.uk then via IAS   There are two official bodies, the BPA and the IAS. If you are unsure, please check HERE   If you have received any other correspondence, please mention it here I have subsequently received a Demand for Payment dated 28/02/2020.  outstanding balance £160 Final Demand posted on 16/03/2020         outstanding balance £160 LBC dated 27/03/2020.                                 outstanding balance £160 with estimate of court fees £25 2nd LBC from ELMS legal dated 30/10/2020 listing estimated fees of   Principal debt £160                                                                                                                        Estimated interest £12                                                                                                   Estimated court / hearing fees £50                                                                                                          Estimated solicitors' costs £50                                                                                                                              Estimated total £272   windscreen or ANPR section to your thread and answer the questions... …….... in either case scan up bothsides of any letters/tickets in or appeals made out to ONE MULTIPAGE PDF ONLY please do not put JPG Picture files into your post   NTK plus .pdf
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    • Hi @BankFodder
      Sorry for only updating you now, but after your guidance with submitting the claim it was pretty straight forward and I didn't want to unnecessarily waste your time. Especially with this guide you wrote here, so many thanks for that
      So I issued the claim on day 15 and they requested more time to respond.
      They took until the last day to respond and denied the claim, unsurprisingly saying my contract was with Packlink and not with them.
       
      I opted for mediation, and it played out very similarly to other people's experiences.
       
      In the first call I outlined my case, and I referred to the Contracts (Rights of Third Parties) Act 1999 as the reason to why I do in fact have a contract with them. 
       
      In the second call the mediator came back with an offer of the full amount of the phone and postage £146.93, but not the court costs. I said I was not willing to accept this and the mediator came across as a bit irritated that I would not accept this and said I should be flexible. I insisted that the law was on my side and I was willing to take them to court. The mediator went back to Hermes with what I said.
       
      In the third call the mediator said that they would offer the full amount. However, he said that Hermes still thought that I should have taken the case against Packlink instead, and that they would try to recover the court costs themselves from Packlink.
       
      To be fair to them, if Packlink wasn't based in Spain I would've made the claim against them instead. But since they are overseas and the law lets me take action against Hermes directly, it's the best way of trying to recover the money.
       
      So this is a great win. Thank you so much for your help and all of the resources available on this site. It has helped me so much especially as someone who does not know anything about making money claims.
       
      Many thanks, stay safe and have a good Christmas!
       
       
        • Thanks
    • Hermes and mediation hints. https://www.consumeractiongroup.co.uk/topic/428981-hermes-and-mediation-hints/&do=findComment&comment=5080003
      • 1 reply
    • Natwest Bank Transfer Fraud Call HMRC Please help. https://www.consumeractiongroup.co.uk/topic/428951-natwest-bank-transfer-fraud-call-hmrc-please-help/&do=findComment&comment=5079786
      • 31 replies
    • Hermes lost parcel.. Read more at https://www.consumeractiongroup.co.uk/topic/422615-hermes-lost-parcel/
      • 49 replies

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This may be long but would be greatful of any help. Last Tuesday came out of my house to find my car gone it was parked on the road. Called the police to report it and was told Newlyn bailiffs had taken it and advised to call them. When I called them I was told that Southwark council had authorized them to seize the car due to an unpaid pcn. The ticket was issued on 23/2/12 the day I gave birth to my son !!!! Had stopped on school lines due to contractions (a friend was driving). Newlyn wanted £865.84 to release my car. Never received the notices as moved out of property the car was registered to on 14/2/12 and had been put into emergency acomodation by Southwark council.So had nowhere to forward post. Had no letters notices nothing until car was gone knew nothing about it.Even when Newlyn took my car there was no letter or anything to say they had taken it. The warrent was issued to the old address but Newlyn amazingly found where I live now but couldn't give me any notice. Have filed a TE7 and TE9 the next day but am concerned as have heard that sometimes it is the baliffs that can refuse this. Have had tickets before and paid them have also had one since and paid it. Any advice would be appreciated just don't know where to turn. Thank You

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I think the bailiffs have acted illegally. I thought they first must clamp the car or warn the owner that the car is going to be removed. Surely that have a duty to try and locate the owner before removing it?

 

I think you need to speak to the council first although if a warrant has been issued then you would need to apply here http://www.justice.gov.uk/courts/northampton-bulk-centre/traffic-enforcement-centre to get it suspended or set aside.

Edited by sailor sam

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The advice I offer will be based on the information given by the person needing it. All my advice is based on my experiences and knowledge gained in working in the motor and passenger transport industries in various capacities. Although my advice will always be sincere, it should be used as guidence only.

 

I would always urge to seek face to face professional advice for clarification prior to taking any action.

 

Please click my reputation 'star' button at the bottom of my profile window on the left if you found my advice useful.

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That's what I thought was given no warning at all. Not even a chance to take personal belongings out of the car! Have spoken to the council and the bailiffs and they are both saying that it is in the others hands. Neither will release the car until the outcome of the TE7/TE9 which I have found out is up to the council/bailiffs that took my car so not holding out too much hope they are both working together. All they seem to want is money. Had advice from citizens advice and they said about trying to get it set aside. Went to the county court to file the papers but they weren't sure what forms to fill in and gave me an injunction form not sure if this is right? Am also not sure when any of the warrants were issued as have no paperwork so think I am out of time to do much. Can I ask the bailiffs/council for copies of any letters they have sent. Have no idea how much the ticket was in the first place? How much the council now wants? or how much the bailiffs are charging? all I know is the huge sum the bailiffs now want.

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have asked to get this moved to bailiff forum

 

you need to get in touch with tec and file in a few forms te7 and te9 i think

 

it looks like all statutory notices have been sent to your previous address

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Ok thanks new to this so wasn't sure where to post. Have filed TE7 and TE9 both council and bailiffs have copies of this neither will release my car. The council have said that when a ticket is issued all paperwork is sent to the address that is on the car registration the day of the offence and at no time check if you have moved and are actually receiving the notices.

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The warrant will have been issued via the Northampton traffic bulk enforcement centre which is where you have to apply to to have it suspended (as I previously said in post #2).

Please Note

 

The advice I offer will be based on the information given by the person needing it. All my advice is based on my experiences and knowledge gained in working in the motor and passenger transport industries in various capacities. Although my advice will always be sincere, it should be used as guidence only.

 

I would always urge to seek face to face professional advice for clarification prior to taking any action.

 

Please click my reputation 'star' button at the bottom of my profile window on the left if you found my advice useful.

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Ok have already done that I think through the T7 T9 it just sucks that there is nothing else I can do and that councils and bailiffs are getting away with what is basically legalized theft. As both of them could have got in contact with me at anytime.

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Please Note

 

The advice I offer will be based on the information given by the person needing it. All my advice is based on my experiences and knowledge gained in working in the motor and passenger transport industries in various capacities. Although my advice will always be sincere, it should be used as guidence only.

 

I would always urge to seek face to face professional advice for clarification prior to taking any action.

 

Please click my reputation 'star' button at the bottom of my profile window on the left if you found my advice useful.

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You have filed the Out of Time Application any there is now a LONG waiting time.

 

How old is your car and roughly, how much is it worth?

 

Is there any finance?

 

Have you updated you records at DVLA an if so, when was this?

 

Once again, it would seem that NEWLYN have chosen to IGNORE CPR 75.7(7). This is simply a disgrace.

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Yes the LA should ask for the warrant to be re-issued to the new address, and not data cleanse and use the old one

 

CPR 75, 7 (7)

(7) Where the address of the respondent has changed since the issue of the warrant, the authority may request the reissue of the warrant by filing a request –

http://www.justice.gov.uk/courts/procedure-rules/civil/rules/part75

 

 

Newlyn need reporting to OFT under Credit Fitness also as it will affect other aspects of their business.

We could do with some help from you.

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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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Thank you sailorsam will take a look at that

 

Hi tomtubby my car is only a little seat ibiza 2005 so not sure how much it is worth but to me worth a lot am really struggling without it. My mum bought it for me about two years ago for about £3000 as she has recently had a double hip replacement and it would mean I could get over to help her which is about an hour drive. Am now unable to go as by public transport it would take at least 3 hours and with two little kids impossible. Unfortunately she bought it right out. Updated my dvla records as soon as I got a permanent address which was over two months ago have bought road tax recently. The council have told me that they don't check address they only go by the address on the registration the day of the offence.

 

Hi brassnecked how would I go about reporting Newlyn to OFT as I can't believe they are allowed to do this kind of thing.

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I think bailiffs act quite quickly. I had an unpaid pcn a few years ago and unbeknown to be, they came out the night before and stuck a notice on the windscreen when it was parked on the drive, which being in the house I didn't see, then the following morning because I hadn't got in touch with them they came again (another fee) and put a clamp on it.

Edited by KVF
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Tizmefee

 

I hope that nobody minds but I have sent you a private message.

 

I don't mind TT, best you give some info via PM, in some circumstances

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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OP. when your TE7/9's are done compare the value of your car against the original PCN, you might have a claim for excessive levy by bringing a claim under Steel Linings Limited, Mark Harvey v Bibby & Co [1993] EWCA.

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52 Hen 3 (Statute of Marlborough) (1267) c 4 (which enacts that distress is to be reasonable and not too great and that he that takes great and unreasonable distress is to be grievously amerced for the excess of such distresses);

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