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    • Jasowter I hope that common sense prevails with Iceland and the whole matter can be successfully ended. I would perhaps not have used a spell checker just to prove the dyslexia 🙂 though it may have made it more difficult to read. I noticed that you haven't uploaded the original PCN .Might not be necessary if the nes from Iceland is good. Otherwise perhaps you could get your son to do it by following the upload instructions so that we can appeal again with the extra ammunition provided by the PCN. Most of them rarely manage to get the wording right which means that you as the keeper are not liable to pay the charge-only the driver is and they do not know the name and address of the driver. So that would put you both in the clear if the PCN is non compliant.
    • Thank you so much. Yes, I wish I had done my research and not paid. It's all for the same car park. Here is one of the original PCNs, they are all the same bar different dates. PCN-22.03.24-1.pdf PCN-22.03.24-2.pdf
    • Hi Clou, Welcome to the Forum and thank you for reading first before you posted. There seems to be many problems with Cornwall and getting a signal to use your a phone which could be why these parking companies don't use alternatives. It is a shame you paid the first one as you would probably have not had to pay that one either.  Was the car park at which you paid the same parking company as the one sending you these PCNs? On the subject of PCNs could you please post them up so we can see if they comply with the Act.
    • 1 Date of the infringement 16th March   2 Date on the NTK [this must have been received within 14 days from the 'offence' date] 22nd March   [scan up BOTH SIDES as ONE PDF- follow the upload guide] please LEAVE IN LOCATION AND ALL DATES/TIMES/£'s   3 Date received unsure   4 Does the NTK mention schedule 4 of The Protections of Freedoms Act 2012? [Y/N?] UNSURE   5 Is there any photographic evidence of the event? Yes   6 Have you appealed? [Y] post up your appeal] Yes. Stated incorrect location was used in JustPark app as honest mistake. Rejected of course.   Have you had a response? [Y/N?] post it up Yes, rejected:   Site: Sea View Car Park, PL27 6SR Date of Event: 16th March 2024 We are in receipt of your challenge in relation to the above Parking Charge. Appeals must be handled in a fair and consistent manner, therefore, in order for us to cancel any Parking Charge; it is necessary for us to find that the Notice was issued in error. As per the clear and prominent signage at this location ('The Contract'), drivers agree to pay the sum of £100 if 'A valid ticket is not displayed face-up on the dashboard; enabling all of the printed information to be inspected'. 'The Contract' also details that there is an exception for those with a valid mobile session in place. Had the driver felt that the terms of the contract were unacceptable, they had the option to seek alternative parking. By remaining, the driver is deemed in law to be bound by the terms of 'The Contract'. Our photographic evidence confirms that a valid ticket was not displayed, and a search of our records confirms that no mobile session was in place for the registration XXXX at this location; therefore, your appeal is declined. We note that you have submitted evidence of payment; however, said payment is not for this location. It may be the case that you feel that the charge is unfair; however, there is no legal basis to now reject a charge that the driver has already agreed to pay. In light of the above, the sum £100.00 is payable by 21/05/2024 or £170 thereafter. Our internal appeals procedure is now exhausted, our decision is final; therefore no further correspondence other than payment will be addressed or responded to. Should you disagree with our decision, you may submit an appeal to 'The Independent Appeals Service'; full details are on the rear of this letter. 7 Who is the parking company? Alliance Parking LTD   8. Where exactly [carpark name and town] Sea View Car park, Polzeath, Cornwall   For either option, does it say which appeals body they operate under. IAS Hi there, thanks in advance for any help on this.   Had 3 'PCNs' in post from Alliance for parking 3 times over a period of two weeks, unfortunately we were away from home so letters must have come over the two weeks but we received all at once if that makes sense. I realised I had used the wrong location on the car park app. The signs are not clear what the location is called (no code.) I only had receipts for two instances so I assume the first it didn't go through as had terrible signal. Paid £60 for one of the fines. Appealed the others saying it was an honest mistake and not very good signage (unfortunately submitted on their website and have no evidence of my appeal.) received the rejection of appeal as above.   Have now received the attached letter of claim. I have done some research for the amazing snotty letters but wonder if someone could kindly help me with writing one specific to my case? Thank you so very much in advance. LOC-alliance-1.pdf Apologies, 2nd page of LOC here. LOC-alliance-2.pdf
    • Would still like to see the court bundle  Any part ex as deposit or any deposit paid on the agreement does imo count towards the one third or the half in the case of a VT
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Bailiffs and Statutory Declarations - how do they work?


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Can someone help me with explaining whether a statutory declaration would help a friend who is being hassled by bailiffs for debts owed by people who lived in her council flat before she moved in. If so what does she need to do and how will it stop bailiffs writing threatening letters and visiting? Thanks

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All it would be is a witnessed declaration that she is resident. I think some people might ignore on the basis that this previous tenant is hiding under the stairs.

 

Probably better to get a letter from the council confirming that she is now the tenant of property address xxxxxx from x date and that the previous tenant moved out from this date.

 

If she is getting hassled after advising companies that the previous tenant does not live there, then she should speak to Citizens advice to see if Trading Standards will intervene.

 

http://www.tradingstandards.gov.uk/extra/contact.cfm?frmAlias=/contact/

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Thank you that is very helpful. As I am her elected councillor it shouldn't be too difficult to get a letter from the council and if that doesn't work then I can probably nudge trading standards to take action

 

What you will find is that she will be party to a game of pass the parcel, as the debts are bought and sold. Communication to her address will only stop when the previous tenant is found or they register their new address, so their credit record gets updated.

 

Many people in debt can go into hiding, by not informing banks, not registering on the electoral register etc, so they cannot be found. Creditors are allowed to try to contact the debtor at their last known address, but should cease communications once they are told that the debtor is no longer resident. Once debt companies realise they cannot collect on the debt, it is passed on and then the new debt collector starts sending communications. So she could receive communications for some time and have to advise people of the situation.

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I have just asked the council to send her a letter and will advise her to keep copies for when it starts up again. Unfortunately it is a motoring fine so obviously the debtor has not notified DVLA of their new address - an offence in itself I believe

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I would assume that it will be her local magistrate court that issued the distress warrant ( i would put money on it being marston bailiffs )

 

as her councillor i would send them a strongly worded letter informing them that they have been told on several occasions the fine belongs to the previous tenant of (address) and any further enforcement at the above address for the previous tenant will result in you sending a letter of formal complaint to the court manager

 

nice to see a local councillor giving there constituent support

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London worker.

 

As the debt relates to an unpaid court FINE bailiffs have the right to force entry into the property. Although this rarely happens it is sadly the case that bailiffs rely upon the THREAT of force entry to get a debt paid. Many times, a person who is not the debtor makes payments under duress when such threats are amde.

 

It is very important that anyone who receives a letter from a firm of bailiffs such as this ensure that they make contact with the bailiff company and if possible, provide some evidence that they are not associated with the debtor. A copy suld also be sent to the relavant Magistrates Court. Which company are enforcing the debt (Marston Group, Philips, Swift) etc?

 

PS: Excellent to see a Councillor using the forum. Well done....

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excellent advice already, and nice to see a councillor on the case with bailiffs, as a community councillor myself I consider it is key for any elected represetative to take steps to help wherever possible, hopefully you can show other members what rogues and liars these Certificated bailiffs can be, and remind them of the councils liability for their action when they are used to collect council tax.

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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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Seems she is an elected councillor PT, which is most encouraging, btw score 1 Cag, Rossers 0 on another thread: the long saga of loretta and rossers

http://www.consumeractiongroup.co.uk/forum/showthread.php?320973-Another-problem-with-a-bailiff-Rossendales/page9

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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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I would assume that it will be her local magistrate court that issued the distress warrant ( i would put money on it being marston bailiffs )

 

as her councillor i would send them a strongly worded letter informing them that they have been told on several occasions the fine belongs to the previous tenant of (address) and any further enforcement at the above address for the previous tenant will result in you sending a letter of formal complaint to the court manager

 

nice to see a local councillor giving there constituent support

 

You are spot on with it being Marstons! Yesterday the council did a letter for her confirming her tenancy and that no-one of the name being chased has ever been a tenant at the property but I will happily draft a letter from me threatening a complaint to the court manager

 

Thanks for all the help from everyone

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You are spot on with it being Marstons! Yesterday the council did a letter for her confirming her tenancy and that no-one of the name being chased has ever been a tenant at the property but I will happily draft a letter from me threatening a complaint to the court manager

 

Thanks for all the help from everyone

 

Now you have found CAG, don't be a stranger, keep looking in

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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You are spot on with it being Marstons! Yesterday the council did a letter for her confirming her tenancy and that no-one of the name being chased has ever been a tenant at the property but I will happily draft a letter from me threatening a complaint to the court manager

 

Thanks for all the help from everyone

 

Big thumbs up from me ...great to see a Councillor being pro-active ....well done.

 

WD

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