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    • Thanks London  if I’ve read correctly the questionaire wants me to post his actual name on a public forum… is that correct.  I’ve only had a quick read so far
    • Plenty of success stories, also bear in mind not everyone updates the forum.  Overdale's want you to roll over and pay, without using your enshrined legal right to defend. make you wet yourself in fear that a solicitor will Take you to court, so you will pay up without question. Most people do just that,  but you are lucky that you have found this place and can help you put together a good defence. You should get reading on some other Capital One and Overdale's cases on the forum to get an idea of how it works.  
    • In both versions the three references to "your clients" near the end need to be changed to "you" or "your" as Alliance are not using solicitors, they have sent the LoC themselves. Personally I'd change "Dear ALLIANCE PARKING Litigation Dept" to "Dear Kev".  It would show you'd done your homework, looked up the company, and seen it's a pathetic one-man band rather than having any departments.  The PPCs love to pretend they have some official power and so you should be scared of them - showing you've sussed their sordid games and you're confident about fighting them undermines all this.  In fact that's the whole point of a snotty letter - to show you'd be big trouble for them if they did do court so better to drop you like a hot potato and go and pursue mugs who just give in instead. In the very, very, very, very unlikely case of Kev doing court, it'd be better that he didn't know in advance all the legal arguments you'd be using, so I'd heavily reduce the number of cards being played.
    • Thanx Londoneill get on to it this evening having a read around these forums I can’t seem to find many success stories using your methods. So how successful are these methods or am I just buying time for him  and a ccj will be inevitable in the end. Thanks another question is, will he have to appear at court..? I am not sure he has got it in him
    • Here's a suggested modified version for consideration by the team. (Not sure whether it still gives too much away?)   RE: PCN 4xxxxx Dear ALLIANCE PARKING Litigation Dept, Thank you for your dubious Letter Of Claim (dated 29th April 2024) of £100 for just 2 minutes of overstay. The family rolled around on the floor in amazement of the idea you actually think they’d accept this nonsense, let alone being confused over the extra unlawful £70 you added. Shall we raise the related VAT issue with HMRC, or perhaps the custodians of the unicorn grain silos? Apart from the serious GDPR breach you’ve made with the DVLA and your complete failure in identifying the driver, we’re dumbfounded that the PCN is still not compliant with the PoFA (2012 Schedule 4 Under Section 9.2.f) even after 12 years of pathetic trial and error. We also doubt a judge would be very impressed at your bone idleness and lack of due diligence regarding parking periods. Especially with no consideration of section 13 in your own trade association's code of practice and the topological nature of the Cornish landscape versus a traditional multi-storey. And don’t even get us started on the invisible signage during the ultra busy bank holiday carnage, that is otherwise known as the random parking chaos in the several unmarked, unmanaged over-spill fields, or indeed the tedious “frustration of contract” attempting to get a data connection to Justpark.  We suggest your clients drop this extreme foolishness or get an absolute hammering in court. We are more than ready to raise the above issues and more, with a fair minded judge, who will most likely laugh your clients out in less time than it takes to capture a couple of useless ANPR photos. If you insist on continuing this stupid, money grabbing quest, after having all of the above pointed out, we will of course show this letter to the Judge and request “an unreasonable costs order” under CPR 27.14.2.g and put it toward future taxis to Harlyn Bay instead.  We all look forward to your clients' deafening silence. Signed, "Spot". (Vehicle Keeper's pet Dalmation).
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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.

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      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.

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      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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Hi everyone.I've got a problem with a bailiff. Can a bailiff put a levy on my cars parked on my drive and get them towed away. Do I have to sign the levy form?. Should I Park somewhere else?. Can they get my details from dvla. Thanks

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Hi, can you provide some more details. have aske the site team to put your thread in an appropriate forum.

Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

Please Consider making a donation to keep this site running!

Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

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Hi everyone.I've got a problem with a bailiff. Can a bailiff put a levy on my cars parked on my drive and get them towed away. Do I have to sign the levy form?. Should I Park somewhere else?. Can they get my details from dvla. Thanks

 

DVLA love selling your details to just about anybody, so yes they can. Yes, park it some where else and with regards to signing levy, you could sign it foxtrot oscar. I'm a firm believer of not signing NOTHING unless it benefits me, my family and / or friends. Oh and with regards to the car being on the drive, what the nonses normally do is clamp, go away and hope you pay up, if not, they come back with a tow vehicle and charge you for stealing it. If I was you, hide the thing or get some wreck with no engine planted there, let them tow that and try and auction it. Have some fun with the nonses.

The Banksta Buster.

:-x :-x

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Hi everyone.I've got a problem with a bailiff. Can a bailiff put a levy on my cars parked on my drive and get them towed away. Do I have to sign the levy form?. Should I Park somewhere else?. Can they get my details from dvla. Thanks

 

What are they collecting for? Any response depends on the debt being chased.

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What are they collecting for? Any response depends on the debt being chased.
its an old council tax bill. I have been paying the council on line. Bailiff called 2 days ago and put a letter through my door and added 130 pounds to my bill. Thanks
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You need to speak to someone at the Council and ask the following questions:

1 - how many Liability Orders they have against you

2 - the dates they were obtained

3 - the addresses they were for

4 - the period of time each covers

5 - how much each one was for

6 - how much is still outstanding

7 - the dates they were passed on for enforcement

8 - the dates & amounts of any payments

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How many times has the Bailiff visited? Was the letter he posted a Notice of Seizure? Do you know what other fees he has charged?
they have visited 4 times. Letter says. Important notice. A bailiff removal team visited today to remove your goods for sale by public auction. We owe the council 350 ish. We owe bailiff 800 ish. Thanks
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"From:

My Name

My Address

 

To:

Acme Bailiff Co

Bailiff House

 

Ref: Account No: 123456

 

Dear Sir

 

With reference to the above account, Can you please provide me with a breakdown of the charges.

 

This includes:

a - the time & date of any Bailiff action that incurred a Fee.

b - the reason for the fee.

c - the name(s) of the Bailiff(s) that attended on each occasion a Fee was charged.

d - the name(s) of the Court(s) the Bailiff(s) was/were Certificated at.

e - the date of the Certification.

 

This is not a Subject Access Request under the Data Protection Act S7 1998 so does not incur a fee of £10. You are obliged to provide this information.

 

I require this information within 14 days.

 

Yours faithfully

 

Ripped off customer"

 

You need a proper breakdown of the charges they have applied. Use & adapt as you see fit the document above. Send initially by email - tonight - followed by a copy in the post - tomorrow. I would hazard a guess they have levied your car but have they ever had access to your home? If you have been given a Notice of Seizure then can you list the goods on it exactly as they are described.

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"From:

My Name

My Address

 

To:

Acme Bailiff Co

Bailiff House

 

Ref: Account No: 123456

 

Dear Sir

 

With reference to the above account, Can you please provide me with a breakdown of the charges.

 

This includes:

a - the time & date of any Bailiff action that incurred a Fee.

b - the reason for the fee.

c - the name(s) of the Bailiff(s) that attended on each occasion a Fee was charged.

d - the name(s) of the Court(s) the Bailiff(s) was/were Certificated at.

e - the date of the Certification.

 

This is not a Subject Access Request under the Data Protection Act S7 1998 so does not incur a fee of £10. You are obliged to provide this information.

 

I require this information within 14 days.

 

Yours faithfully

 

Ripped off customer"

 

You need a proper breakdown of the charges they have applied. Use & adapt as you see fit the document above. Send initially by email - tonight - followed by a copy in the post - tomorrow. I would hazard a guess they have levied your car but have they ever had access to your home? If you have been given a Notice of Seizure then can you list the goods on it exactly as they are described.

The goods they have levied in my home are the tv and dvd player. I believe it's called an invalid levy. Thanks

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Hi everyone.I've got a problem with a bailifflink3.gif. Can a bailifflink3.gif put a levylink3.gif on my cars parked on my drive and get them towed away. Do I have to sign the levy form?. Should I Park somewhere else?. Can they get my details from dvla. Thanks

Yes

Yes

No

Definitely yes

Yes.

 

Are the tv and dvd player the only things on the levy?

 

Did they identify the items by make, model, serial number and did they include the remote controls on the levy?

Is the value of the goods levied sufficient to pay the bailiffs fees, removal costs and some of the debt?

If the answer to these questions is no then it's an invalid levy but get ready for a fight,

Send the letters already mentioned ( re: Ploddertom)

Illegitimi non carborundum

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DVLA love selling your details to just about anybody, so yes they can. Yes, park it some where else and with regards to signing levy, you could sign it foxtrot oscar. I'm a firm believer of not signing NOTHING unless it benefits me, my family and / or friends. Oh and with regards to the car being on the drive, what the nonses normally do is clamp, go away and hope you pay up, if not, they come back with a tow vehicle and charge you for stealing it. If I was you, hide the thing or get some wreck with no engine planted there, let them tow that and try and auction it. Have some fun with the nonses.

 

Hi MagnaCarta, what if I sign the V5 form selling it to my partner? can they then still clamp or tow the car? If they did clamp can the new owner claim they own the clamp on the vehicle also?

 

I would of thought if they clamped the car and leave, it becomes an abandoned Levy?

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