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    • I found that the parkin attended has a car with CCTV camera on it, however as I stated earlier, it seems that he did not take video of my car otherwise they would have stated so in the SAR. parking car .pdf
    • The rules state that "approved devices may only be used in limited circumstances"  I was not a threat. I was not present. I did not drive away. I think he has not fulfilled the necessary requirements justifying issuing me a PCN by post therefore the PCN was issued incorrectly and not valid.  What are your thoughts?  
    • I have also found this:  D.2 Service of a PCN by post: 54) There are some circumstances in which a PCN (under Regulation 10) may be served by post: 1) where the contravention has been detected on the basis of evidence from an approved device (approved devices may only be used in limited circumstances) 2) if the CEO has been prevented, for example by force, threats of force, obstruction or violence, from serving the PCN either by affixing it to the vehicle or by giving it to the person who appears to be in charge of that vehicle 3) if the CEO had started to issue the PCN but did not have enough time to finish or serve it before the vehicle was driven away and would otherwise have to write off or cancel the PCN 55) In any of these circumstances a PCN is served by post to the owner and also acts as the NtO. The Secretary of State recommends that postal PCNs should be sent within 14 days of the contravention. Legislation states that postal PCNs must be sent within 28 days, unless otherwise stated in the Regulations. This from London Councils Code of Practice on Civil Parking Enforcement.  The question is what is an approved device? Certainly, he had the opportunity to place the ticket on my car and I didn't drive away.  I looked further and it seems that an approved device is a CCTV camera - It seems that the photos taken were not actual film but images and it is not clear if they are taken from a video or are stills. I'm guessing if it was moving images then the SAR would have stated this.    From the Borough of Hounslow website: "There are two types of PCN issued under the Traffic Management Act 2004, which governs parking contraventions. The first is served on-street by a Civil Enforcement Officer, who will observe a vehicle and collect evidence before serving the PCN either by placing it in a plastic wallet under the windscreen wiper, or by handing it to the driver. The second is a PCN served by post, based on CCTV footage taken by an approved device, which has been reviewed by a trained CCTV Operator."   From Legislation.gov.uk regarding approved devices: Approved Devices 4.  A device is an approved device for the purposes of these Regulations if it is of a type which has been certified by the Secretary of State as one which meets requirements specified in Schedule 1. SCHEDULE 1Specified requirements for approved devices 1.  The device must include a camera which is— (a)securely mounted on a vehicle, a building, a post or other structure, (b)mounted in such a position that vehicles in relation to which relevant road traffic contraventions are being committed can be surveyed by it, (c)connected by secure data links to a recording system, and (d)capable of producing in one or more pictures, a legible image or images of the vehicle in relation to which a relevant road traffic contravention was committed which show its registration mark and enough of its location to show the circumstances of the contravention. 2.  The device must include a recording system in which— (a)recordings are made automatically of the output from the camera or cameras surveying the vehicle and the place where a contravention is occurring, (b)there is used a secure and reliable recording method that records at a minimum rate of 5 frames per second, (c)each frame of all captured images is timed (in hours, minutes and seconds), dated and sequentially numbered automatically by means of a visual counter, and (d)where the device does not occupy a fixed location, it records the location from which it is being operated. 3.  The device and visual counter must— (a)be synchronised with a suitably independent national standard clock; and (b)be accurate within plus or minus 10 seconds over a 14-day period and re-synchronised to the suitably independent national standard clock at least once during that period. 4.  Where the device includes a facility to print a still image, that image when printed must be endorsed with the time and date when the frame was captured and its unique number. 5.  Where the device can record spoken words or other audio data simultaneously with visual images, the device must include a means of verifying that, in any recording produced by it, the sound track is correctly synchronised with the visual image.
    • Hearing took place today.  Case dismissed with costs awarded. Neither UKPC or a representative turned up.  Apparently they messaged the court on 7 May asking for their case to be considered on paper.  Never informed me, which was criticised by the judge as not following procedure.  I was really annoyed as I would have preferred for the case to be thrown out before the hearing, or at least face them in court and see them squeal.   They are just playing a numbers game and hope you blink 1st!   Ended up having to change my flight, but  the costs awarded softens the blow. Was asked to confirm it was my signature on both the witness statement and supplementary statement.  Wasn't asked to read them, said she could see my arguments made and the signs were insufficient and no contract formed. Took maybe 10 mins in total.  Judge did most of the talking and was best for me just to keep quiet or confirm any statements made. Happy to have won as a matter of principle and have costs awarded. Maybe not worth all the time and hassle for any newbies or the technologically challenged.  But if you are stubborn like me and willing to put in the time and effort, you can beat these vultures! I big shout out to everyone who helped on the thread with their advice and guidance, special mention to FTMDave, thank you sir!  Really appreciate everyone's efforts. All the best!
    • I plan to be honest to avoid any further trouble, tell them that the name should be changed to my official name
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    • 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.  

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

      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 think the only interview Mr Waller is likely to be giving is tape-recorded and in response to breaches of Health & Safety Law, Fraud and False Accounting on the part of his employees. Whatever way you look at it, Waller is in the ****.

Problem for OP and the advice sector, is these people are part of the system, so the authorities will resist taking action against them if they can, as there is so much damage Waller and his ilk could do, if he is taken to task, and squeals, sort of floodgates management,

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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Problem for OP and the advice sector, is these people are part of the system, so the authorities will resist taking action against them if they can, as there is so much damage Waller and his ilk could do, if he is taken to task, and squeals, sort of floodgates management,

 

The time will come when those who have let the likes of Waller, Marston and Co do what they like, regardless, will be exposed and the bar will come down on them. If it is found Waller has been illegally issuing Warrants of Execution in PCN cases, those involved will face justice. It matters not if Waller squeals, because he will drop himself in it even deeper.

 

I am of the opinion that 2013 is the year the civil enforcement industry bows out for good. Something is going to happen that will drive home to the politicians, once and for all, the folly and dangers of allowing what are, in effect, unregulated US-style bounty hunters to run amok, using violence, fraud and intimidation to achieve their objectives.

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The time will come when those who have let the likes of Waller, Marston and Co do what they like, regardless, will be exposed and the bar will come down on them. If it is found Waller has been illegally issuing Warrants of Execution in PCN cases, those involved will face justice. It matters not if Waller squeals, because he will drop himself in it even deeper.

 

I am of the opinion that 2013 is the year the civil enforcement industry bows out for good. Something is going to happen that will drive home to the politicians, once and for all, the folly and dangers of allowing what are, in effect, unregulated US-style bounty hunters to run amok, using violence, fraud and intimidation to achieve their objectives.

 

Well we have a plan also, and hopefully can expose the dark underbelly of this seedy industry to public gaze.

 

Hope Op is bearing up, and has the complaints ready to go early doors tomorrow.

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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And Health and Safety at the LA's Environmental Health Department, too. Believe it or not, EHOs and LA HSIs can prosecute the local authority they work for if the LA breaches relevant laws.

 

The enforcing authority on Local Authority activities is the HSE. See http://tinyurl.com/bfclxog which sets out the powers of LA inspectors and their limitations under "Health and safety (enforcing authority) regulations 1998"

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Many thanks for that, Cobh. By the sound of it, LA HSIs have the necessary power to deal with JBW in this matter. If JBW has not informed the LA involved of the OP's partners life-threatening condition, I can see the proverbial hitting the air conditioning sometime pretty soon, especially if the LA is served with an injunction, legally restraining them and JBW because of the behaviour of JBW's brainless employees.

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Health and safety legislation is I feel an area that can be used against bailiffs and councils that ignore vulnerability issues,especially where on notification of the vulnerability they then fail to carry out a risk assessment into the effect of bailiff action on that debtor. If it was a hidden or mental health issue and debtor killed themselves, or they ended up being ambulanced to A & E when they could not attend an appointment due to bailiffs clamping or taking a car. Big fine or jail, the MET fell foul of HS when a copper chasing a scrote fell through a roof, so bailiffs are as open to this as anyone.

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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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