Jump to content


  • Tweets

  • Posts

    • Done! Thanks again. Will update the thread accordingly.
    • Thank you for your message.  I'm concerned that by complaining to the IPC, and escalating the situation, PCM would be even more inclined to cause problems for me and take action to the fullest extent just to make an example of me.  I can still take the above action as a backup plan if PCM decides to go ahead.
    • Mr BankFodder you are a top man.   I just received email below and finally they accepted fully refund   Good Afternoon,   Thank you for your recent email.   We are sorry to hear of your recent troubles, we would be happy to accept rejection of the vehicle.   The amount of the refund to yourself will be £7,099, this alongside settlement of the finance agreement will be paid in full and final settlement.    By accepting this refund you are confirming that no further claims shall be brought against Big Motoring World or any of its associates in respect of this matter.   In order to proceed with the refund we require the following from yourself:   - Your bank details (Account holders name – this must match the invoice name, sort code and account number)   The bank details can be provided via email.   The refund will be processed within 14 days.  
    • How do I transfer my number plate V750? Transfer by post Check the expiry date on your V750 or V778 to make sure it is still valid. Ensure that the registered keeper for the receiving vehicle matches the Grantee or Nominee name on the certificate. Complete relevant sections of your V750 or V778 document and sign it where instructed. https://www.gov.uk/personalised-vehicle-registration-numbers/renew-private-number-certificate  
    • i know...the anpr camera mustve triggered the computer to send out a parking charge as it probably detected no parking ticket paid. disgusting way of trying to extort money
  • 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
      • 161 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
        • Like

Unpaid Parking Fine, Sheriff's Officer's, and Attachment Schedule to seize vehicle.


style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 3887 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

Hello.

I have come to this forum as a result of already having gleaned a lot of useful information from other posts on this website. I am seeking advice from anyone who is or has had trouble with Sherrif Officers due to unpaid parking fines. Before I ask for specific adice though, I will provide a background to the situation.

 

My girlfriend (Sue), or rather her address, is getting targetted by Sherrif's Officers working under the jurisdiction of Perth Sherrif court (Scots Law). They are chasing after her ex-boyfriend (Tom) for an unpaid parking ticket and have served an 'Attachment Schedule', threatening to uplift a vehicle, which is now owned and mainly driven by Sue. Although Tom still has contact with my gf, he is obvioulsy no longer with her and the car in which he incurred the parking ticket, was passed onto Sue quite some time ago.

 

The story behind who the registered keeper is, who the owner is, and who insures the car, is convoluted, but:

 

Tom was the owner, and the driver of vehicle when ticket was issued.

 

Sue has been the owner of the vehicle for some 8-9 months.

 

Tom is still the main insurer of the vehicle, with Sue as named driver (for Sue to insure herself it would cost twice as much).

The vehicle was registered in Tom's name until (surprise/surprise, oh what a coincidence) just a few days before the 'Attachment Schedule' when his mother became the registered keeper of the car.

 

Tom has never permanently lived at Sue's address, but somehow these (Edit) have tracked the car down to her home. The first visit of the Sherrif officers, was dealt with by Sue. They issued her with the 'Attachment Schedule' addressed to Tom, threatening to uplift the car if the fines + add-on expense are not paid. She relies on the car for everything (lives in the countryside) and in typical female fashion, feels so intimidated by the Sherrif officer's authority, that she is wanting to pay the fine plus all additional costs, some 350 GBP by now! I am of course absolutely shocked and disgusted by this prospect and know for a fact that since the vehicle does not belong to Tom, there is no way that the Sherrif's men have the right to do this. Tom was contacted, and he duly got his mother to write a letter, countersigned by him, stating that the vehicle (very recently registered in her name even though she dont even drive), is her property and that any attempt to uplift the vehicle would be unlawful....property, 9/10ths of the law n all that.

 

Yesterday however, i answered Sue's front door to greet a couple of the Sherrif's men. My personal policy when dealing with these people is to give them absolutley no information whatsoever. This is what I done yesterday in addition to being pretty rude towards them (the least I could do). They clearly believed that I was Tom, and served me with another brown envelope with 'Tom' written on the front of it. I refused the envelope and threw it back in thier faces. I found it this morning laying sodden wet next to Sue's front door.

 

I am therefore wondering if anyone could fill me in on what the correct moves to make here would be. My instinct tells me not to open the envelope to find out what the Sherrif Officers next move is. So could anyone tell me what this would likely be? If my girlfriend has already told the Sherrif's officers that Tom does not live with her, and Tom's mother has sent them a letter stating that she owns the vehicle, could the Sherrif's mens persistence in visiting Sue's address and issuing bits of paper to people who do notlive there, not be construed as 'Harassment'?

 

I know that according to the written letter of the law, that the Sherrif's men have no right to uplift Sue's car. But I also have zero faith in Scottish justice and suspect that they may well go ahead and do this. Could anyone suggest any measures, which in the event that the Sherrif's men did unlawfully execute the Attachment Schedule, would provide a very strong case for the owner and the registered keeper of the car in the subsequent civil court case?

 

THX.

Edited by maroondevo52
Removed inappropriate word.
Link to post
Share on other sites

The registered Kepler at the time of the ticket is normally held responsible for any tickets gained by the car. Fom what you say there is no evidence that sue is the owner of the car.

 

The current registered keeper of the car would need to apply for. Release of attachment for the car at the issuing court.

 

Regarding SO visits, you need to put it in writing to them that Tom is no longer at the address, a copy of the current council tax demand would help as evidence.

 

But until boh of the above is completed the SO are entitled to attend your address and are acting accordingly.

 

I will also ask CD to look in as a second opinion

 

Ida x

  • Confused 1

Please contact a member of the site team if you are offered help off the forum for a a paid or no win no fee service.

 

Please consider making a small donation to help keep this site running

Click here to donate through PayPal (opens in a new window)

Link to post
Share on other sites

So Sue would have to contact Tom's mother (Tom and his mother are in Tenerife right now and wont be back until Jan 2013), and ask her to write to the court to get the Attachment Schedule released?

 

Also, I am guessing that since the Attachment Schedule was served some time ago, that this latest brown envelope will be the next phase in the process. I was going to get down to the court on Monday and hand the envelope back to them. Would this make any difference? If not, would you recommend that we open the envelope in order to learn exactly what proceedings are afoot? After all, there is every chance that the Sherrif's Officers could turn up and uplift the car before Sue has even had a chance to square this latest development away with her ex.

Link to post
Share on other sites

We have decided to open the brown envelope.

 

Contained within, is 'A Notice of Removal of Attached Articles And Public Auction'

 

It states that; "the attached articles will be removed from 'your' (he dont fkn live here) premises on 11th January 2013. You should arrange for access to your premises at that time. The officer of the court may, if access is denied, open shut and lockfast places for the purposes of removing the articles(s)."

 

I suppose that is easy enough, we merely make sure the car is parked miles away on the 11th Jan 2013. Since the 14 days timeframe for applying for a 'release of the attachment schedule' has expired, what measures should be taken at this point to stop these zealous chunts. (they have already been informed of ownership of the car, and that the debtor does not live at the address they are targetting).

 

THX Again.

 

P.S. The fine is now 421.75 GBP.

Edited by BobBobson689
Link to post
Share on other sites

It is not as simple as you may think.

 

Breaching an attachment can actually be treated as contempt of court - for instance the change in registered keeper to a family member just days after the at AO can be classed as this.

 

As you have no basis to claim any rights to the car, the so's are within their rights to remove the car.

 

Trying to hide the car can also be classed as contempt of court so be very careful.

 

The current owner of the car can apply to the court using form 18 claiming it is owned by a third party.

Please contact a member of the site team if you are offered help off the forum for a a paid or no win no fee service.

 

Please consider making a small donation to help keep this site running

Click here to donate through PayPal (opens in a new window)

Link to post
Share on other sites

I appreciate the fact that if we are going to play cat n mouse with the Sherrif Officers, we would do well to remember who is the cat and who is the mouse.

 

However, we shouldnt even know about this. Only reason we know about it is because we opened an evelope addressed to someone else (doing this is possibly illegal?). Therefore, if the car is not in the place that the Sherrif Officers want it to be on the 13th Jan, it is not our fault, as we never knew they were coming, and we never knew that they wanted to seize the car.

 

Also, the car changed hands before the Attachment Schedule was served and the new owner registered with the DVLA 3 days before the Attachment Schedule was served.

Link to post
Share on other sites

I appreciate the fact that if we are going to play cat n mouse with the Sherrif Officers, we would do well to remember who is the cat and who is the mouse.

 

However, we shouldnt even know about this. Only reason we know about it is because we opened an evelope addressed to someone else (doing this is possibly illegal?). Therefore, if the car is not in the place that the Sherrif Officers want it to be on the 13th Jan, it is not our fault, as we never knew they were coming, and we never knew that they wanted to seize the car.

 

Also, the car changed hands before the Attachment Schedule was served and the new owner registered with the DVLA 3 days before the Attachment Schedule was served.

 

You cannot register the owner with the DVLA only the keeper I cannot really see the point of your scheme the debt will not go away.

Link to post
Share on other sites

You cannot register the owner with the DVLA only the keeper I cannot really see the point of your scheme the debt will not go away.

 

Its not my debt mate.

 

But I think you will find that who the registered keeper of a vehicle is goes a long way too determining who the legal owner is....unless their is some other contract stating that a third party is the owner of the vehicle.

 

Your post is not very helpful and I will tell you something else. If you make sure that you cant be touched......for example, no wealth in bank, no housing contracts or mortgages in own name, self employed, all wealth in precious metals.......debts do go away. I know from experience. I had 2K worth of debt with prominent UK bank, which I was paying back....until they started hitting me with charges that they refused to refund me. At this point, I decided that I was going to have last laugh, closed my accounts, and now they will get nothing. Not ever. Even when there various debt collection agencies offer for me to just pay back half the amount owed in order to settle the bill in full. Do I feel like I am doing something immoral? On the grander scale of things, no! At the end of the day, a debt is only a bunch of fannies hopping up and down waving legal bits of paper in peoples faces saying "you owe us money". This is a costly and time consuming process and there comes a point where it doesn't make sense for them to keep trying to get blood out of a stone.

Link to post
Share on other sites

But that is exactly the point. the registered keeper is not always the legal owner.

 

I know the answers you have been given are not what you are wanting to hear but....

 

the fact of that matter is - Sue does not own the car from what you have said.......the SO's are within their rights to lift the car when they find it............

 

The members on cag can only give advice on what you have posted.....

 

 

 

I doubt very much that any judge would accept the current 'owner' has any legal rights to the car as it was transferred only days before the AO was granted unless they can provide evidence that money exchanged hands and as said above that Sue is using the car without any valid insurance.

 

Whether you agree or disagree is you choice whether to accept it or not,

 

 

  • Show your signature

Please contact a member of the site team if you are offered help off the forum for a a paid or no win no fee service.

 

Please consider making a small donation to help keep this site running

Click here to donate through PayPal (opens in a new window)

Link to post
Share on other sites

.

The members on cag can only give advice on what you have posted.....

 

As they say it is the tone that makes the music....

 

...If the fact is that any recourse to the law would result in the courts siding 100% with the Sherrif Officers, that means that the best line of action for all involved would be to simply avoid the courts, and to refuse all legal documents served by the SO's. When the 11th Jan comes. That car will not be anywhere near where the SO's expect to find it. When the next date comes, it will also not be anywhere near where they expect to find it. It will not be contempt of court because the person who moved the vehicle was unaware of the orders served by the SO's. When adequate money comes available the car will be replaced and sold on.

Link to post
Share on other sites

Its not my debt mate.

 

But I think you will find that who the registered keeper of a vehicle is goes a long way too determining who the legal owner is....unless their is some other contract stating that a third party is the owner of the vehicle.

 

Your post is not very helpful and I will tell you something else. If you make sure that you cant be touched......for example, no wealth in bank, no housing contracts or mortgages in own name, self employed, all wealth in precious metals.......debts do go away. I know from experience. I had 2K worth of debt with prominent UK bank, which I was paying back....until they started hitting me with charges that they refused to refund me. At this point, I decided that I was going to have last laugh, closed my accounts, and now they will get nothing. Not ever. Even when there various debt collection agencies offer for me to just pay back half the amount owed in order to settle the bill in full. Do I feel like I am doing something immoral? On the grander scale of things, no! At the end of the day, a debt is only a bunch of fannies hopping up and down waving legal bits of paper in peoples faces saying "you owe us money". This is a costly and time consuming process and there comes a point where it doesn't make sense for them to keep trying to get blood out of a stone.

 

If you want to go through life with no bank account, no belongings, no property worrying about who is knocking on the door then your onto a winner, its a wonder everyone doesn't just do the same!

I very much doublt if you got run down by an uninsured drived who was being 'fronted' by a friend and then tried to sue them for damages only to find he had no bank account, no posessions etc you wouldn't find it so funny.

Link to post
Share on other sites

If you want to go through life with no bank account, no belongings, no property worrying about who is knocking on the door then your onto a winner, its a wonder everyone doesn't just do the same!

I very much doublt if you got run down by an uninsured drived who was being 'fronted' by a friend and then tried to sue them for damages only to find he had no bank account, no posessions etc you wouldn't find it so funny.

 

I can assure you, nobody here is driving around without insurance. Who stays where and who is involved with who all depends on who is asking. Burden of proof is a fantastic thing.

 

As for me, everything I have goes into precious metals, that I can hold in my hand. How much do I own? 20K? 40K? 60K? Who can possibly say? It is mine, only I know where it is, and it cant be touched by anyone. If I am in need of filthy fiat currency it can be changed very easily....oh yes, and unlike the money in your bank account or the value of your home, it's value generally is going up all the time.

 

No doubt you will frown further upon my posturing here, but be assured, the untoward aloof tone in your posts is easy to recognise and not appreciated. But you may also want to take it as a bit of an alarm bell. This country, or rather, the whole world, is headed towards a fiscal cliff, and everybody is acting like everything is ok and a 'recovery' is just around the corner. Whether we nose dive off the cliff or kind of just stumble down it, what do you think is going to happen to the 'money' (privately created corporate credit) in your bank, your pensions, the value of your home, and any other paper investments you may have? If you think I am just a nasty scare monger then take some time out to see how much everyday stuff your frozen wage rate bought you back in 2008 and see how much it buys you now. The Likliehood is that you are around 1/3 poorer than you used to be and dont even know it.

 

Perhaps instead of dishing out scorn, you should take a leaf out of my book.

Edited by BobBobson689
Link to post
Share on other sites

Maybe you should team up with this person....

 

http://www.youtube.com/watch?v=Uz5EVcJZkU0

 

Yes, thanks for your top advice.

 

You have made 7000+ posts here. Has anyone ever advised you that this might be the wrong place for you?

 

Perhaps you should search around for a www.debtcollectorsactiongroup.com site somewhere.

 

I think you may be happier there. Lots more punitive like minded people who have zero tolerance for proletariat **** who show no respect neither for civic parking regulations (operating increasingly like te money making racket that it is) nor Her Majesty's courts of justice (infested with kiddy fiddlers).

 

*For anyone else who has come across the post looking for advice who is the same situation (and who is mental enough to risk a hell of a lot over a trifling just for the sheer principle). I think the key here is to make sure that the Sheriff Officers NEVER successfully serve any kind of warrant or attachment schedule direct to the person who they are pursuing. This means not responding to anything that the Sheriff serves either directly or to a third party. This means not seeking legal advice and then having your solicitor contact the concerned agencies with reference to the legal documents which the SO's have been trying to serve. Any kind of such action would constitute acknowledgement of receipt of the warrants etc. and place the person they are pursuing liable for contempt of court should any of the conditions set out in the warrants or attachment schedules be broken. If the warrants/schedules have not been properly served, then the person cannot possibly know about any such conditions and therefore cannot be liable for contempt of court should conditions set out in the Attachments be breached. Please note, this is just my opinion to the best of my knowledge and not the Gospel truth. I m still looking into this and will update here (for information of others) as my knowledge and the situation progresses.

Edited by BobBobson689
Link to post
Share on other sites

  • 3 weeks later...

This is for an unpaid parking ticket as detailed in another thread within these forem.

 

Sheriff Officer's have been trying to serve legal documents on a person, without ever once having succeeded in actually handing this person one single sheet of paper. Somewhere amongst all those documents was the threat to come and uplift a vehicle (Attachment Schedule) outside a property where the person they are pursuing does not live. The day on which the Attachment Schedule was to be conducted (car uplifted/stolen) has come and gone. Obviously they never managed to steal the car as it was not parked at the stated address on the said date. It could have been any number of individuals who were driving it on the date of intended uplift/theft, none of them with any possible knowledge of the Sheriff's intentions (backed by the court).

 

If anyone out there has been in similar situation or has knowledge of the likely process otherwise, what would be the Sheriff's next move?

 

The only big concern is that some Procurator Fiscal could take the view that a contempt of court has been comitted by someone here. This however, would be virtualy impossible to prove unless the person who was driving the car that day admitted that they knew of the Attachment Schedule (which they didnt). They would also have to determine who was driving the car on the specific date.

 

Other than that I imagine that they may have another attempt at uplifting the car, adding yet more imaginary money that shall never ever be paid to thier imaginary list of total charges. The car will never (or only rarely) be parked at this address ever again. Would it be possible for the SO's to track the car to another address/location and have permission from court to simply lift it from the street when they find it?

 

Any relevant info much appreciated.

 

thx.

Link to post
Share on other sites

Two threads merged.

Any advice I give is honest and in good faith.:)

If in doubt, you should seek the opinion of a Qualified Professional.

If you can, please donate to this site.

Help keep it up and active, helping people like you.

If you no longer require help, please do what you can to help others

RIP: Rooster-UK - MARTIN3030 - cerberusalert

Link to post
Share on other sites

  • 4 months later...

Thought i would mention for the benefit of others who may be seeking the same kinds of info i was 6-7 months ago.

 

After ensuring that the visits for the Sherrif officers were made pretty unpleasant affairs for them (without breaking law of course), and having refused to accept, but nontheless having their vacuous threats delivered....but just ignoring absolutely everything. It seems that either the Sherrif's men have gotten bored, the cooncil have decided to stop throwing money at the case, or the whole scenario has wandered up a legislative cul de sac as far as a platry unpaid parking case is concerned at least.

 

I don't mind which of the above happens to the case.

 

From my own personal past experience of simply ignoring Sherrif's letters/warnings etc regarding unpaid parking fines (I have had a good few parking tickets over the years and have yet to pay a penny towards any of them), the case described (in a round about sort of way) above was certainly the furthest I have seen any attempts by SOs go in order to recoup the fine and the 1000% imaginary charges that get lumped on top for refusing to play game.

Link to post
Share on other sites

  • 3 months later...
  • 1 month later...
  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...