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    • just to be clear here..... the DVLA do not send letters if a drivers licence address differs from any car's V5C that shows the same driver as it's registered keeper.
    • sorry she is a private individual, the cars are parking on her land. she can clamp the cars. only firms were outlawed from doing it bazza. thats what the victims of people dumping cars on their drives near airports did and they didn't not get prosecuted.    
    • The DVLA keeps two records of you. One as a driver and one for your car. If they differ you might find out in around a month when they will send you a reminder as well as to your other half for their car. If you receive nothing then you can be fairly sure that you were tailgating though wouldn't explain why they didn't pick up your car on one of drive past their cameras. However even if you do get a PCN later then your situation will not change. The current PCN does not comply with the Protection of Freedoms Act 2012 Schedule 4 which is the main law that covers private parking. It doesn't comply for two reasons. 1. Section 9 [2][a] states  (2)The notice must— (a)specify the vehicle, the relevant land on which it was parked and the period of parking to which the notice relates; The PCN states 47 minutes which are the arrival and departure times not the time you were actually parked. if you subtract the time you took to drive from the entrance. look for a parking place  park in it perhaps having to manoeuvre a couple of times to fit within the lines and unload the children reloading the children getting seat belts on  driving to the exit stopping for cars pedestrians on the way you may well find that the actual time you were parked was quite likely to be around ten minutes over the required time.  Motorists are allowed a MINIMUM of ten minutes Grace period [something that the rogues in the parking industry conveniently forget-the word minimum] . So it could be that you did not overstay. 2] Sectio9 [2][f]  (ii)the creditor does not know both the name of the driver and a current address for service for the driver, the creditor will (if all the applicable conditions under this Schedule are met) have the right to recover from the keeper so much of that amount as remains unpaid; Your PCN does not include the words in brackets and in 2a the Act included the word "must". Another fail. What those failures mean is that MET cannot transfer the liability to pay the charge from the driver to the keeper. Only the driver is now liable which is why we recommend our members not to appeal. It is so easy to reveal who was driving by saying "when I parked the car" than "when the driver parked the car".  As long as they don't know who was driving they have little chance of winning in court. This is partly because Courts do not accept that the driver and the keeper are the same person. And because anyone with a valid motor insurance policy is able to drive your cars. It is a shame that you are too far away to get photos of the car park signage. It is often poor and quite often the parking rogues lose in Court on their poor signage alone. I hope hat you can now relax and not panic about the PCN. You will receive many letters from Met, their unregulated debt collectors and sixth rate solicitors threatening you with ever higher amounts of money. The poor dears have never read the Act which states quite clearly that the maximum sum that can be charged is the amount on the signs. The Act has only been in force for 12 years so it may take a  few more years for the penny to drop.  You can safely ignore everything they send you unless or until they send you a Letter of Claim. Just come back to us if they do send one of those love letters to you and we will advise on a snotty letter to send them. In the meantime go on and enjoy your life. Continue reading other threads and if you do get any worrying letters let us know. 
    • Hopefully the ANPR cameras didn't pick up the two vehicles, but I don't think you're out of the woods just yet. MET's "work" consists of sending out hundreds of these invoices every week so yours might be a few days behind your partner's. There is also the matter of Royal Mail.  I once sold two second-hand books to someone on eBay.  Weirdly the cost of sending them separately was less than the cost of sending them in one parcel.  So to save a few bob I sent them seperately.  One turned up the next day.  One arrived after four days.  They were  sent from the same post office at the same time! But let's hope I'm being too pessimistic. Please update us of any developments.
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reclaiming bailliffs charges


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I wonder if anyone can advise?:confused: :confused:

I was away in August & the bailliffs called at my house for collection of nonpayment of a parking fine, they put a notice on my car window saying the car had been imobolised, my parents visited & saw the letter as did a neighbour, mymother called the bailiffs & they said she would have to pay £624.70, this she did, she then asked if they could come & reverse the imbolisation, to which they replied they had done it from the office. Both my Parents & my neighbour say the car wasnt clamped.

They have charged £600 for one parking fine.

Can I claim back some of the charges that seem excessive?

The Bailliffs are DRAKES.

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I dont see how they could have immobilised it from the office, sounds like bull sh*t to me.

 

Drakes featured heavily in Whistleblower, exposing them for the animals that they are.

 

As recently suggested to myself.

 

Send Drakes a letter asking for a full breakdown of the debt, including payments made by yourself and charges imposed by them.

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Arent they also in breach of the rules governing Bailiffs? I believe they are not allowed to leave any notice on your door or property unless in a sealed envelope, so as to not cause alarm and distress to the debtor and allowing other people such as neighbours etc knowing your business with the basiliff??

Friendship costs nothing but its rewards can be priceless. Do not judge, as you will not be judged but if you can, try and assist where possible.:smile:

everyone is entitled to MY opinion!:D

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Hi Conn,

First I would check the rules and regs in relation to what bailifs can and cant do, they are on the webiste somewhere but cant remember myself, maybe someone else might be able to point you in the right direction. ( I do know that I have read it here somewhere though)

Friendship costs nothing but its rewards can be priceless. Do not judge, as you will not be judged but if you can, try and assist where possible.:smile:

everyone is entitled to MY opinion!:D

I offer my comments without prejudice or liability.

If you found my advice helpful, please click the scales at the top.

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Is not one of the "things to do ", for this forum is to campaign against the

outrageously high levies that are applied by the govenment firstly for a parking

fine, and then for the non payment of parking fines.

 

Here we have a not untypical situation. An original parking fine has escalated to

more than £600! Absolutely staggering. And totally out of all proportion to the original offence.

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Arent they also in breach of the rules governing Bailiffs? I believe they are not allowed to leave any notice on your door or property unless in a sealed envelope, so as to not cause alarm and distress to the debtor and allowing other people such as neighbours etc knowing your business with the basiliff??

 

They have Codes Of Practice which they ignore. They do what they like. Even when you complain to them pointing out the many codes of practice that they have broken, they ignore you.

 

It's a sad situation that it seems as though there is nowhere to turn. :mad:

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I totally agree Lookin, I think it is scandalous that such a thing as a parking fine of say £40:00 can escelate so much, these excessive fees apllied are making people bad debtors which they are not, they just cant afford the exorbitant charges added. Its time these CCA's were taken to task over this and an end put to it. But will that happen?? No, the MP's are on the gravy train and dont want to work for their constituants, too much hard work for £60K for the 6 mths the Houses of Parliament sit each year!!!

Friendship costs nothing but its rewards can be priceless. Do not judge, as you will not be judged but if you can, try and assist where possible.:smile:

everyone is entitled to MY opinion!:D

I offer my comments without prejudice or liability.

If you found my advice helpful, please click the scales at the top.

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ok now lets look at this from the start was the ticket as a lot of councils are finding out the wrong thing printed on the tickrt or not invalidates it (check out Neil Herron)

secondly falcon185 is right the bailiff is not allowed to tell people why they are looking for you if they need to leave a letter it must be in a sealed envelope .

read Bailiffs and Bailiff Laws | Payplan

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One of the problems dealing with bailiffs and their unlawful actions is the general

vagueness by the powers that be as to what is and what is not lawful. It might

be frowned upon, but is it unlawful?

For instance the following url is from the OFT, which claims to give guidance to

the operators of bailiffs and in which they point out that infringements can lead to the loss of their licence. Yeah right. How many will lose their licence over the

recent watchdog programme? Anyway if it helps in your case, here it is

 

http://www.csa-uk.com/Documents/OFT%20debt%20collection%20-%20guidance%20only%20_July%202003.pdf

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Hi, couldn't reply back last night had to go out.

Thanks for all the advice.

What they stuck to the car had supposedly a breakdown of charges including imobolising the car (clamping) which they did not do.

The original fine was for £40.

Should I still contact them asking for a further breakdown??

Any suggestions?

Thankyou

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Hi Conn,

it appears that they have breached the OFT guidlines, I would ask for a complete breakdown of the charges from then and then report them to the OFT in relation to the notice they left on your car unsealed, in full view for enyone passing to see.

Friendship costs nothing but its rewards can be priceless. Do not judge, as you will not be judged but if you can, try and assist where possible.:smile:

everyone is entitled to MY opinion!:D

I offer my comments without prejudice or liability.

If you found my advice helpful, please click the scales at the top.

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STOP

 

Your going the wrong way, first of all you need to find out what you have been charged.

 

I am entitled to make a written request for a full breakdown of the fees the bailiffs have added on to my debt and now I must insist that I am in repcict by 4pm Wednesday 18th October 2006 (give them 7 days).

 

Please ensure it is itemised and shows clearly what fees where added what these fees where for and the date they where added and also shows clearly what payments I made and the dates of these payments.

 

If you fail to send this I will make a formal complaint to the court that issued Mr XXX certificate.

 

The sealed envelope is a side issue that may or may not be used later as the guidelines are just that guide lines and making a complaint to the OFT at this point is a waste of time.

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Oops,

thanks for putting me straight Zooman, its a pity the guidlines arent strictly monitored though but reading your response I agree its a side issue. The main priority should be the request for the full breakdown of charges and go from there.

Friendship costs nothing but its rewards can be priceless. Do not judge, as you will not be judged but if you can, try and assist where possible.:smile:

everyone is entitled to MY opinion!:D

I offer my comments without prejudice or liability.

If you found my advice helpful, please click the scales at the top.

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Only joined yesterday, and have to say that the site is great and there are a lot of people with a good knowledge of bailiff matters ( Zooman ) being one. Well done.

 

As a Debt Counsellor, I have many situations that bailiffs have acted wrongly, ie; Charges not in line with statutory regulations , "phantom visits" etc

 

I would like to ask two questions: the first is concerning Detailed Assessment of Costs, where we already have the full response by way of an S7.

 

The correct method for Detailed Assessment in court is very expensive indeed and in fact the cost has increased by nearly 90% !! which prohibits most people from going this route. What suggestions can any of you let me have as a cheaper method of applying to the courts for fees to be looked at.

 

Second question, it is a fact there there are many "Certificated Bailiffs" collecting at doorsteps and taking goods who have not in fact got a Certificate. There is a complaint method available in the court, but this is in respect of Certificated Bailiffs, any idea what the case is where he has never had a certificate. Any help would be gratefuly appreciated.

 

A client of mine has a case in the first week of Novemeber where the bailiff has been ordered into court after our complaint, but in this case he had been certificated in the past but allowed his certificate to lapse by 6 months. I will keep everyone updated on the progress.

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HI Herbie,

if a Bailiff Co isnt certificated but states on documentation that it is, wouldnt this be obtaining Money/property by deception? A criminal offence in itself?

Friendship costs nothing but its rewards can be priceless. Do not judge, as you will not be judged but if you can, try and assist where possible.:smile:

everyone is entitled to MY opinion!:D

I offer my comments without prejudice or liability.

If you found my advice helpful, please click the scales at the top.

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Thank you for that Falcon, you are correct, in fact it is also trespass, that much is correct. To collect on behalf of a Local Authority for unpaid council tax, business rates, parking tickets etc etc, by law you have to be a Certificated Bailiff.

 

Remarkably, a lot of people assume that as long as the company are certificated that ok...it's not.

 

Ask any person who has had a bailiff at their door if they were shown a certifcate and you will find that what is show is normally just identification , in other words a phot ID. Everyone beware, a Certificated Bailiff would have an ID that not only has a stamp from the court, but is personally signed by the District Judge !!!

 

If the bailiff can not produce this and can not tell you the date and the court that he was certificated in....close the door immediately. In fact, I would go so far as to consider telephoning the police.

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Thanks for that Herbie,

Keep us posted as to what happens with the Lapsed Bailiff when it goes to Court, I'm sure a lot of people will be interested as to the outcome ;-)

 

Bazza

Friendship costs nothing but its rewards can be priceless. Do not judge, as you will not be judged but if you can, try and assist where possible.:smile:

everyone is entitled to MY opinion!:D

I offer my comments without prejudice or liability.

If you found my advice helpful, please click the scales at the top.

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