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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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      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.

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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.
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      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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When I was with the Met, my patch was Victoria and Pimlico. We used to have a lot to do with the BTP in that area. When I was with MDP, my patch covered Cornwall to the West and Somerset to the East. There were quite a few stations we covered. I was medically-retired after a knee injury I sustained on duty.

 

With regard to which force first, Met first, got fed up with London, and spent best part of career with MDP. Quite a few ex-Home Department police officers in MDP where I was (Hampshire, Met, Surrey).

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In the Met, I was based at Rochester Row, which has since closed and been replaced by Belgravia. Most of the BTP officers we had dealings with were based at Victoria Station or St James Park (CCTV). In the MDP, I was based at Devonport, in Plymouth, but served all over the UK, Berkshire, Cambridgeshire, Cornwall, Somerset, Hampshire. Being a national force, like BTP, MDP officers can be sent anywhere at a moment's notice. Some lucky beggars get posted overseas. Like yourself, I got to a stage, in the Met, when I had had enough.

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I emailed the courts a few days ago about the warrant. they sent back an email sayin:

 

Dear Sir,

 

Re: Fine account xxxxxxx

 

I am in receipt of your email regarding the above account, I can confirm that the distress warrant issued on 08.09.2012 remains outstanding. You are advised to contact Philips Collection Services on 0870 609 1554 to arrange payment, quoting their reference - xxxxxxx.

 

 

could anyone tell me how long the distress warrant will be active for and what can they do with it ?

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I emailed the courts a few days ago about the warrant. they sent back an email sayin:

 

Dear Sir,

 

Re: Fine account xxxxxxx

 

I am in receipt of your email regarding the above account, I can confirm that the distress warrant issued on 08.09.2012 remains outstanding. You are advised to contact Philips Collection Services on 0870 609 1554 to arrange payment, quoting their reference - xxxxxxx.

 

 

could anyone tell me how long the distress warrant will be active for and what can they do with it ?

 

What the Fines Office at the court told you is total b****cks.

 

To the best of my knowledge and belief, Distress Warrants issued by the magistrates courts are effective for either 6 or 12 months. I do know that an Arrest Warrant is effective for 6 months, then has to be renewed if the suspect is not arrested within that time.

 

There is nothing to stop you paying the fine into court, obtaining the necessary receipt and paying Philips only those fees they are lawfully due separately.

 

If Philips have only sent you a letter so far, all they are lawfully due is £85. If they have sent you a letter and visited your home, then the maximum they are lawfully due is £300. If they do not have a valid or lawful levy and have not gained entry to your home, then £300 is still the maximum they are lawfully due.

 

Do not take any BS or lies from Philips. If necessary, threaten them with a letter to the Regional HMCTS Contracts Manager and Area HMCTS Enforcement Manager. The Enforcement Manager can nip any sharp practices in the bud. The Contracts Manager oversees Philips performance of their contract with HMCTS and has the power to terminate said contract. It might be worth reminding Philips and their parent company, SERCO, that the HMCTS contract is up for renewal this year and any bad practices brought to the attention of HMCTS Contract Managers before the tender date could prejudice their eligibility to be considered.

 

Incidentally, Marston, Excel and Swift, the other HMCTS contractors, are due to tender to renew their contracts this year. I would recommend ALL AND ANY bad practices by ANY of these contractors are reported to Regional HMCTS Contracts Managers.

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Philips cannot break in without written authorisation from the court. In any case, there appears to be something highly irregular, if not, potentially illegal going on here. You need to find out why Philips are involved when you were paying the costs order off without any problem. HMCTS need to answer that question first. You also need to speak to the Area HMCTS Enforcement Manager, first thing tomorrow morning. Ring the court switchboard and ask for the Enforcement Manager's direct telephone number. You also need to obtain the direct telephone number of the Regional HMCTS Contracts Manager. From what you have said, Philips should not even be involved.

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Thanks again Old Bill. I was paying the courts then suddenly get a letter off these, I don't see how I can pay £5 p/week to the courts then have to pay £50 p/month to these!! seriously, didn't get no notice off the court saying I defaulted my fine or anything give them my new address when I moved house.

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Unless you had a letter from the courts called a Further Steps Notice, it is illegal, under Rule 52.2, Criminal Procedures Rules 2011 (as amended) to proceed with enforcement without sending the FSN. It sounds very much to me that HMCTS has broken the law and need to have this drawn to their attention. You will probably get denials and that they did send a FSN, but I don't think they have much of an argument, unless they can prove you missed any payments. How was the costs order paid, please? Attachment of Benefits/Earnings Order, Cash, Standing Order, Electronic Funds Transfer (Debit/Credit Card via an automated system over phone/internet)? As long as you have evidence of payments to the court at the rate determined by the court, HMCTS are in the **** and so are Philips.

 

I am attached a copy of the Criminal Procedures Rules 2011 (as amended) to this post. It might be a good idea if you quote from this to HMCTS, which they won't like, but need reminding about.

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I used to pay it with a card they supplied! What I am going to do Friday is ring them when my new phone line is connected I'm going to ask them to print screen every payment I've made I'm also going to ask them where the FSN is!

 

Which way do you think this is the best to do email or phone.

 

Also when I rang before they said Philips has it in their hands now and we can't do nothing.

 

 

Thanks!

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I used to pay it with a card they supplied! What I am going to do Friday is ring them when my new phone line is connected I'm going to ask them to print screen every payment I've made I'm also going to ask them where the FSN is!

 

Which way do you think this is the best to do email or phone.

 

Also when I rang before they said Philips has it in their hands now and we can't do nothing.

 

 

Thanks!

 

HMCTS are talking total crap. They are in charge, not Philips, and it is HMCTS who call the tune. As far as you know, are you up to date with all payments to HMCTS? If so, asking them to provide you with screenshots of your payments to date is the right way to go. If you were up to date when somebody at HMCTS, in their wisdom, decided to involve Philips and there is no evidence that the FSN was send, as this should be on their records, it is likely Philips have a Distress Warrant that is invalid, in which case, their actions are not only unlawful, but illegal, too.

 

Email your request for screenshots of your fine account and follow up with Signed For Letter. This should have HMCTS panicking. Do not be surprised if you get a phone call or email or letter admitting an administrative error. If Philips come calling, either personally or by phone, make it clear that the matter is being pursued with HMCTS as there is "reasonable cause to suspect the Criminal Procedures Rules 2011 (as amended) have not been complied with". It is important you stress to Philips the phrase I have put in quotation marks. Being certificated bailiffs, it is unlikely they will anything resembling a clue of what you are going on about. Therefore, print off a copy of Rule 52.2 and hand to the bailiff or send to Philips. Expect them to argue, but make it clear that until it is clarified exactly what has happened, Philips are, potentially, in breach of the law.

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If you had been paying this fine then you should write again to the court. Address the letter to the Clerk to the Court and you need to ensure that the letter is marked: Formal Complaint.

 

How much have you paid so far?

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Thanks Old bill I've just emailed them.

 

£40 to courts £0 to bailiffs. I don't see how one minute this can be in courts the hands at £40 the next it can be Philips at £110. That's why I've defaulted Philips.

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It sounds very much like an HMCTS foul-up to me. Put them on the spot and turn the pressure up on them. I wouldn't be surprised if they panic when they see your request for screenshots of all payments to date and the payments history. If they have not complied with Rule 52.2, Criminal Procedures Rules 2011 (as amended), they and Philips are acting illegally. This also applies if they had no lawful reason to instruct Philips, particularly if your fines account was up to date.

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They appear to have a new name http://www.collectica.co.uk/

 

Yes. Their website is full of 24-carat BS and untruths. Report this lot to the Advertising Standards Authority (ASA) who can force them to substantiate the claims being made on the website. If they can't, the ASA can force them to take it down as misleading.

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Yes. Their website is full of 24-carat BS and untruths. Report this lot to the Advertising Standards Authority (ASA) who can force them to substantiate the claims being made on the website. If they can't, the ASA can force them to take it down as misleading.

A nice chestnut like this?

 

"

I no longer own the vehicle this debt relates to?

If it is a HMCTS fine you would still need to pay the fine regardless of whether you still owned the vehicle or not. Call our contact centre for details."

 

Not if it was incurred after the vehicle had been sold, and DVLA had been informed,

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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They appear to have a new name http://www.collectica.co.uk/

 

Yes a typical Wordpress site cheap to build template based. online payment system plugin provided by One step.

 

IE=edge,chrome=1

en_US

Home - Collectica

http://www.collectica.co.uk/

Collectica

article

WordPress 3.5

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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They appear to have a new name http://www.collectica.co.uk/
This website, very informative but very condescending To put it politely they are so

full of shxt they must have to squeeze their heads when they go to toilet. Miss a payment , not your fine,

nothing to do with me , phone us to discuss matters. We will not believe a word and be rude to you.

If you dont comply we will send round the heavies. On the other hand , to a potential client this

site looks quiet proffessional with the hmcts logo grabbing your attention.

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And that's the problem. They use the logos of government departments and local authorities to give themselves an air of credibility. Their parent company, SERCO, are either seriously taking the p*ss or deluding themselves. The website needs taking down and the only regulatory agency I know who can force them to do so is the ASA. A change of name does not change ingrained attitudes or behaviour, in my experience.

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Thanks for the help guys. They were soon enough to email when I asked if a warrant was out. So now it's just the waiting game. Wouldn't surprise me if they refused to send screenshots to be honest. But I'm going to demand them! :D

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And that's the problem. They use the logos of government departments and local authorities to give themselves an air of credibility. Their parent company, SERCO, are either seriously taking the p*ss or deluding themselves. The website needs taking down and the only regulatory agency I know who can force them to do so is the ASA. A change of name does not change ingrained attitudes or behaviour, in my experience.

 

I or anyone could knock out a site like that in Wordpress, the problem is have HMCS, and the LAs been consulted and given express permission for the use of their logos, which no doubt are copyright to the respective parties? Further if SERCO are the parent, that should appear somewhere in the site, as in say a footnote stating that " Collecctica, a SERCO company."

 

Wonder if it is hosted in the UK?

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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LRGIg.png

 

@Brassnecked this says it all really they're not willing to give their office details etc on the Whois Records. These records should show: Address, Telephone Number, Business Type etc....

 

And it's hosted in the UK with Webfusion Internet Solutions.

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