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    • Does an MP have to live in the constituency? I don't know. As an aside, Farage was invited onto Alastair Campbell and Rory Stewart's podcast and seems to have bottled it. Nigel Farage claims Russia was provoked into Ukraine war | Nigel Farage | The Guardian WWW.THEGUARDIAN.COM Farage, who has long been accused of being a Putin apologist, tells BBC Moscow was given excuse by EU and Nato eastern...  
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    • I havnt been able to access the claim form despite resetting passwords etc There are several emails back and to do you want all of them?? clients emails in italics I work long hours so sorry for the slow reply to queries on CAG     email 1-received 2 days after completion  on 18th May 2024 and after he paid in full  20th May 19.44pm I am sorry that I have to let you know how dissatisfied I am  with parts of the room that was completed by yourself. .  The door frames, where it’s all not fitting correctly with gaps and warped timber used. . Skirting boards on the curved parts where it’s been filled with a filla and not even been smoothed out. . The architrave isn’t joining correctly with one piece with a cutting taken out of it. . Sliding door, no stopper was used to stop it going all the way back and isn’t aligned to the floor. . The extractor going into the boiler where a round tubes been used to an oblong pipe. It’s also held on by gaffer tape. . The window hasn’t been packed correctly and one opening window isn’t aligned. . One piece of flooring isn’t sitting flush so will damage very quickly. . The toilet is far too close to the radiator and you can’t get up if sitting down. . The stop tap I cannot get my hand in to be able switch the tap off. . The window you are aware of that’s cracked and you are replacing. I have had to call in another builder to start work on the room next week as it’s made me very depressed.   My reply same day 2hours  later 21.32pm   I am sorry that you have felt the need to call in another builder to carry out the items that you are unhappy with,if you have lost confidence and are distressed then I accept your decision.   I would normally prefer to sort out any issues that I am made aware of before my customer feels the need to bring in somebody else to rectify problems.   If you wish  I can arrange for the replacement glass to be delivered  next week when the other person is there as I will be on holiday or I can fit it on my return and have a conversation with you on how to proceed.   Once more I apologise for any inconvenience and upset that you have felt in this situation   21st May 07.54 am I would prefer for you to fit the window and to fix the small window that isn’t fitting correctly. Also the extractor situation going into the boiler. It’s all the joinery work that will need fixing and moving the toilet.   I have brought in a joiner to fix the issues. Heather will be starting next week as I need it sorting ASAP. Perhaps you could work with him to reduce my costs. As it’s not going to be a cheap jo     21st may  08.45am Morning ........, I am at the hospital today for my ct and mri scan results  Next week I am on holiday so I wont be able to work alongside anybody then either. Do you have an estimate from Heather?  The toilet will be difficult to move to a new position hence me talking it through with you about where it was sited as the work progressed I dont feel this is an error on my part  I dont expect you to pay for rectification of my work and would prefer to do it myself but if the cost is in my opinion reasonable I will support it  The glass is due in sometime this week and if early enough I can come over to re fit it and to pass you back your key as I feel uncomfortable keeping hold of it  As soon as I know anything I will send you a message   22nd May 08.41   I want you to know that I have no bad feelings towards you and when you come to my house you will be made to feel welcome and it won’t be uncomfortable at all. The person isn’t Heather that was a predicted text word.  All want it to have the room finished and the snags completed.  Once again I have no bad feelings towards you. I hope that your visit to the hospital went well yesterday, and it was good news. Have a lovely holiday in Paris.   23rd May 09.08am   Morning ..... thank you for your kind words, I do get anxious about certain things and I haven't been on top form just lately.  The glass is due at the end of this week/ early next and I will arrange with you to come along to re-fit  and other items when I get back from Paris wc 3rd june  My hospital appointment was ok. The scans were apparently clear of metastasis ( spread) but I am being told that I do need to have treatment sooner rather than later now.   I have had 7 years knowing about the cancer and active surveillance has been good as things have been pretty much normal for me, still no great rush, I am leaning towards surgery rather than radiotherapy and likely to have treatment in 2 or 3 months time Thank you once again for your concerns and kind thoughts     My email to client on my return from holiday 3rd June 07.13 am   Good Morning ........ I hope you are well, we had a lovely holiday.   I have arranged that I can call over to your home this week to finish off any issues that you still have. I haven't been notified that the replacement glass is in the warehouse yet but will check it later this morning  Could you send me a revised list of all outstanding jobs so that I can estimate how much time is required  What days/ time after today will be best for you so that I can work around it and make sure that all is complete   3rd June 08.30 The remaining jobs what are left the builder is completing this week. The only job I would like you to do is to replace the window that was cracked and to sort out the opening window that is sloping. I guess it would be easier for you to come towards the end of the week or early next week once the builders have finished so you are not getting in each other's way, if that helps. I will send you a copy of his invoice like you mentioned to help me anyway with the costs.   10th June following telephone conversation I then called to fit the glass only to see that the whole inside works had been changed around I expressed my shock I was asked to pay £1200 towards the cost of the to which I said I wasnt prepared to take responsiblity for all of the changes only the snagging I ask for himto put a proposal in writing  which follows 10th June 11.14am On the 10th June you came to replace the window that was damaged and asked me to submit to you an email with what my outcome I would like it to be.  I understand that you were frustrated that I contacted another builder to fix all the issues that I had come across. This didn’t give you the opportunity to fix the situations. The reason I felt I needed to do this was that if you had left my home leaving the garage conversion to your best standard, I felt how could you improve on the work you have carried out. I want to highlight the issues that I had come across after you had completed the job. . Quality of skirting board that was fitted around the curved wall inside the bathroom and also in the lounge. . Toilet fitted too close to the radiator where you could potentially burn your leg . Hardly no space for you to get off the toilet when sat down, especially if you are tall. . The hot and cold feed were incorrectly placed to the wrong connection on the sink . The vanity unit isn’t suitable due to the position of the stop tap. Small hole cut in the vanity unit base to try and switch the tap off . No caulk used around the door frames . The extractor fan, where you used a plastic round tube, going to a square tube that was held on by gaffer tape. The square tube then went into a round hole on the outside, this was then filled with foam gap. . The pocket door felt like it wasn’t fixed well, the door at the bottom wasn’t sliding on to the runner very well and you had to help it onto the run. Also no lock on the door. . The boiler door frame had to be replaced due to the timber that was used. The door also was replaced due to the door being fitted to fix into the twisted door frame wood. The door had been shaved so it would fit into door frame that was twisted. The architrave used inside the boiler room was short, had a piece taken out of it. The architrave in the toilet wasn’t fitted well. . You used two single sockets for the bathroom and boiler room. Where I only needed to have I double switch. . The door frame going into the garage you left gaps between the wood and the wall. . Door handle not fixed correctly and is stiff . The window, one opening window doesn’t look level, the other you can’t open it and leave it slightly open in a lock position. . Skirting by the radiator, the hole had been cut too big and had just been filled with filler. . One plank of flooring wasn’t fitted flush and my toe caught it sitting upwards.    Like you said today we both are not happy with the outcome, where you hadn’t been given the opportunity to fix the jobs. I had lost  confidence in you completing the list above.  I wish you had looked at the bathroom situation and spoke to me about the vanity unit that wouldn’t fit correctly due to the tap. I would of paid more to get a floating sink unit and a cover built to go over the stop tap. When I had seen it when you had gone I was shocked and couldn’t get my hand in. I also wish you had asked me where I wanted the toilet to go and what the restriction was going to be due to the curved wall.    I am happy to meet half way on the cost of the builder that’s corrected my points above. His total bill came out to £2400.00   15th June 07.08 am Good morning, ........, I can confirm I have received the email I am not in agreement with the contents and as such considering my response  18th June 12.16 Eight days ago I sent you my email that you requested asking me to detail what I wanted and what the issues were. I have had no response from you on what you are going to do.  This is now impacting on my health and it is also making me not to love my home as I used to do. I have now been advised to contact Citizens advice bureau Cheshire East Council Contact small claims court If this is something that I have to do, I will be claiming for full amount of £2400.00. I shall be putting the photographs and videos together with the email on the 23rd of May where you said you get anxious at times and that you haven’t been on top form just lately. I shall give you my bank details if you will be going ahead and paying me £1200.00. If I receive the payment within 72 hours then I will not carry on with the three points I mentioned in this email. I would like to put a close to this matter as this isn’t helpful to you or I and it’s very sad it has come to this.  Regards   19th June 07.07 am Dear ....,First of all and foremost in my mind is that I do not want to fall out with you.   Please bear this in mind in all our communications   Contrary  to your email 18 June 2024 stating I had not replied  to your  previous email for 8 days ,I emailed a reply to you on Saturday Morning (3 days ago) stating that I was considering my response to your request.   I have at all times been prompt with replies and at all times notified you at each stage of the build    I  have followed up all email from you   At this time I haven't made a final decision  but I am not in agreement to pay for the extra work that you had carried at your own request out by ANO   On the 11th June I replaced the broken pane of glass. I expressed my shock at you not having only carried out the minor snags but had also gone ahead without discussing major changes to the walls and flooring and drains.     I was not given the opportunity to remedy any issues that arose from my work, in fact you told me that you had already instructed another builder less than 1 working day after completion and final payment was made   I did request an estimate prior to agreeing that ano rectify any snags.   You took it upon yourself to instruct him and in fact to carry out major works,I certainly have not agreed to pay for this nor to paying for the extra work   If you had bought a car and it developed a fault the next day I am sure you would have taken it back to the garage that you bought it from  not to another and then expect garage 1 to agree to the bill     My expectation was that the snagging would  take me less than 1 day to rectify at a cost to myself less than £300   If you were unhappy with any other aspects of the build I would have discussed them with you to make sure that you became another happy customer.   If I had carried out the minor snags I would not have needed to pay out for a third party and it would have been only time that I had lost   If you are intent on going to the small claims court I shall defend any action vigorously    Please reconsider your position in light of the above.    I do want to bring this to a conclusion as soon as possible to remove the stress  for us both.     19th June 07.37   I am not in agreement with what you have said. I feel £300 doesn’t even cover the materials that had to be used.    I feel that you and I won’t agree so I do feel the only way forward is for me now to go forward to the small claims court.  It will be best for them to make the decision on your side and also my side. Regards     Claim form issued  19th June not been able to download as yet 
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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Hi everyone

 

I've read here with interest for about a year now but decided to register to post the following, partly for advice but also because I am in contact with a Magistrate (a friend) who has kindly offered some advice (which I don't have yet, we will be meeting up next week).

 

So, sans advice, here is what has happened so far:

 

I have several PCNs issued. All of which I'm sure are valid. There is a time limit on the streets near my workplace and due to the nature of my work I have occasionally been caught short. My fault.

 

I had paid all PCNs I received (except 2 which I challenged, 1 of which was withdrawn), however, a Bailiff turned up at my workplace in September asking for £480.08 for two PCNs at £82 each.

 

I told him I thought I had paid all PCNs, but he said clearly I hadn't. This may be the case, but as far as I know I had paid my fines/bills/?? Like I said I am not contesting the PCNs themselves BUT the Bailiff fees.

 

Bailiff's costs where simply entitled "Bailiffs costs". The template for costs/expenses etc was on the back of the form BUT no actual breakdown of costs in this instance were given and he told me he didn't need to provide this, I could write to head office.

 

His companion was apparently blocking my vehicle in outside and a tow truck would be called if I didn't pay up, he said.

 

So, I paid the fee (I was busy at work and having a bailiff turn up and argue could effect business negatively).

 

Surprised that I had PCNs outstanding, I contacted my local council, and they provided me via email with a few PCNs they believed to be outstanding. They also said that some were already with the Bailiffs and I would have to deal with them directly, implying I had no right to pay them directly to the council.

 

I sent a letter of complaint to the Council (via recorded delivery AND email), and cc'd the Bailiffs and my local MP. I outlined why I thought the fees had been inflated and quoted the legal jargon from the legislation.gov.uk website. I also requested that they look into the matter and refund any money that was not owed. No reply. From anyone.

 

Today I wake up, Bailiff at my door (same guy) saying I had another £480 fine from 2 parking tickets, and he would take my car if I didn't pay.

 

I asked him for a breakdown of costs, and he said he didn't need to provide one. I told him that, as far as I was aware, he did need to do this before taking any further action - and that he could clamp my car but certainly couldn't remove it without giving me fair notice to pay, especially as I hadn't received a warning letter. I also informed him that my centre console in my car contains a non-removable harddrive containing personal information which is protected from removal by the Data Protection act (direct from the legislation website).

 

He presented me with a court order for one of the PCNs, with "£480" simply scrawled at the top. I told him unless he can produce a breakdown of costs I would be calling the police. He said he didn't need to, and proceeded to walk out back to my car.

 

I went back upstairs, picked up a camera, and turned it on.

 

I went outside with the camera on and asked for an explanation and breakdown of costs. This was not forthcoming. I said "So, you are willing to take my car after having shown me this piece of paper, and don't think that I am entitled to a breakdown of costs?"

 

He told me I was twisting his words, and "playing word games". As far as I was concerned it was a basic conversation and his lack of linguistic skills are no fault of mine.

 

I called the police, they said they wouldn't come out. I said I felt intimidated and explained the situation and they told me to call 101. I called 101, and they said pretty much the same thing, and that it was a civil matter. Perhaps if I had two cars I could block the bailiffs van in and see if it remains a civil matter then.

 

Anyway, as I mentioned I have a contact who is a magistrate who may be able to shed some light on this for me having lost almost £1000 in (mostly, it seems) inflated costs.

 

After speaking with the police, these bailiffs in theory could slap any amount on their "costs" and get away with it.

 

Moral of the story, don't park where you shouldn't and if you do then call the council JUST IN CASE you have any fine you don't know about. PCNs need to exist, unfortunately, to stop people taking the **** but I also feel that Bailiffs need to be doing their job fairly and properly.

Edited by db.8609
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As you have found out bailiffs often DONT do their job properly.

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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Have you written to the Bailiff Co & asked for a breakdown yet?

 

Here is the letter I sent to my MP, Council, and the Bailiff Co:

 

 

FORMAL COMPLAINT AND LETTER BEFORE ACTION

 

 

Re: Penalty Charge Notice Numbers: WU02781335, WU02755517

 

I make this formal complaint because I received bailiff from you on 10/09/2013 collecting the aforementioned road traffic debt and demanded the sum of £480.08.

 

The bailiff whose name I understand is Mr. K indiscriminately over-charged me with his fees that are not compliant with regulations and charged me for work he has not done. Mr. K is unable to prove his disbursements and there is no costs order made by a court and may constitute an offence under the 2006 Fraud Act.

 

I was charged a costs fee with no breakdown as well as the statutory fee for the same work and this means the Authority is in breach of the Act. Such a fee can only be charged when the authority has a VALID levy over my goods, for which there is not. [and the regulations also provide for a one-off letter fee of £11.20 but no letter has been received.]

 

Please see and follow the recommendations on page 5 of 11 of the Local Government Ombudsman report of 29 November 2012 which confirms non-statutory fees are unlawful and should be refunded.

 

 

It should also be noted that the Levy is also invalid as the inventory contains items containing personal data. This is protected from levy by the Data Protection Act. A bailiff is not entitled to enforce destruction of personal data for the purpose of making the levy valid.

 

I confirm no goods or vehicle of mine was taken into the control of the Authority and no goods are needed to be collected by me and therefore under Schedule 12 of the Tribunals, Courts and Enforcement Act 2007 no disbursements or costs are due because no work has been done and therefore no disbursements have been paid by Mr. K.

 

Your attention is respectfully drawn to events in the House of Lords on 20 April 2007 when HM Government confirmed a bailiff (or any other person) who dishonestly charges for work that has not been done will be committing an offence under the Fraud Act 2006. Also the case of Day v Davies [1938] 2 KB 74 and Phillips v Viscount Canterbury (1843) 11 M&W 619 and Braithwaite v Marriott (1862) 1 H&C 591 and Halliwell v Heywood (1862) 10 WR 780 all ruled a debtor has a right to recover unlawful fees and accordingly, the Authority remains indebted to me.

 

Therefore the only fee the law says the Authority can lawfully charge in addition to the original PCN is £28 as prescribed under Schedule 1 of the Enforcement of Road Traffic Debts (Certificated Bailiffs) (Amendment) Regulations 2003 provided an attendance was made.

 

COMPLAINT RESOLUTION

 

1. Return the case to council administration.

 

2. The council makes the necessary investigation why I was over-charged.

 

3. Do the necessary work to ensure the person responsible for over charging me is made accountable under both, civil law and criminal law and the investigation is made objectively and professionally.

 

4. Make the necessary complaint to the appropriate authority regarding Mr. K fitness to hold a certificate.

 

5. Refund to me the unlawful fees and charges no later than 9.30am on 18/10/2013.

 

Please note, the authority is liable for its bailiffs under the Local Authorities (Contracting Out of Tax Billing, Collection and Enforcement Functions) Order 1996, therefore, it is not a matter for me to "contact the bailiffs" or "to deal with the bailiff".

 

If you are unable or unwilling to resolve this complaint in full then please clearly mark your response letter with the words FINAL RESOLUTION and I will ask the Local Government Ombudsman to intervene and start a claim in the county court and I will automatically proceed with the above if your reasons letter is silent on being your final resolution as per their recommendation on page 8 of the Local Government Ombudsman report of 29 November 2012.

 

 

Yours Faithfully.

Edited by ploddertom
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Best to edit the post to remove the bailiffs name, CAG don't go in for naming bailiffs,

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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Personally I think any reply to your letter will not give you much hope. When I suggested a breakdown of the fees I was thinking more of:

 

"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"

 

Send initially by email followed by a copy in the post.

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

 

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Use the Acme letter as provided by ploddertom, keep your powder dry, gather the evidence and build your case is best wa, softly softly catchee monkey, give them enough rope and bailiffs will hang themselves without you coing in straight away with both barrels.

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

Have we helped you ...?         Please Donate button to the Consumer Action Group

If you want advice on your thread please PM me a link to your thread

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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Hi everyone

 

 

Moral of the story, don't park where you shouldn't and if you do then call the council JUST IN CASE you have any fine you don't know about. PCNs need to exist, unfortunately, to stop people taking the **** but I also feel that Bailiffs need to be doing their job fairly and properly.

 

.

.

I have to say that you are absolutely correct about both the parking tickets and bailiffs.

 

However, the "moral of your story" should also be that people should be VERY CAREFUL of taking "advice" that they receive from the internet and "copying and pasting" template letters that may be exhibited without first checking whether the information is CORRECT.

 

Local authorities and bailiff companies have seen so many of these same letters which are littered with inaccuracies and typically contain a Complaint Resolution clause.

 

It is no wonder that they are being ignored. As you have stated yourself....you did not receive a response.

 

I will start a new post with further details.

Edited by tomtubby
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The following are just a small examples of SOME of the errors in your letter:

 

 

 

 

FORMAL COMPLAINT AND LETTER BEFORE ACTION

 

 

Re: Penalty Charge Notice Numbers: WU02781335, WU02755517

 

I make this formal complaint because I received bailiff from you on 10/09/2013 collecting the aforementioned road traffic debt and demanded the sum of £480.08.

All these same template letters start with the odd sentence of "I received a bailiff"?

 

The bailiff whose name I understand is Mr. K indiscriminately over-charged me with his fees that are not compliant with regulations and charged me for work he has not done. Mr. K is unable to prove his disbursements and there is no costs order made by a court and may constitute an offence under the 2006 Fraud Act.

 

Any offence under the Fraud Act is for the police to prove and if proven, they and not you will make a prosecution. Sadly, since this clause was included in 2006, there has not been one prosecution.

 

I was charged a costs fee with no breakdown as well as the statutory fee for the same work and this means the Authority is in breach of the Act. Such a fee can only be charged when the authority has a VALID levy over my goods, for which there is not. [and the regulations also provide for a one-off letter fee of £11.20 but no letter has been received.]

 

Please see and follow the recommendations on page 5 of 11 of the Local Government Ombudsman report of 29 November 2012 which confirms non-statutory fees are unlawful and should be refunded.

 

 

It should also be noted that the Levy is also invalid as the inventory contains items containing personal data. This is protected from levy by the Data Protection Act. A bailiff is not entitled to enforce destruction of personal data for the purpose of making the levy valid.

 

I confirm no goods or vehicle of mine was taken into the control of the Authority and no goods are needed to be collected by me and therefore under Schedule 12 of the Tribunals, Courts and Enforcement Act 2007 no disbursements or costs are due because no work has been done and therefore no disbursements have been paid by Mr. K.

 

Schedule 12 of the TCE Act is NOT as yet in force. It will not become law until 6th April next year.

 

Your attention is respectfully drawn to events in the House of Lords on 20 April 2007 when HM Government confirmed a bailiff (or any other person) who dishonestly charges for work that has not been done will be committing an offence under the Fraud Act 2006. Also the case of Day v Davies [1938] 2 KB 74 and Phillips v Viscount Canterbury (1843) 11 M&W 619 and Braithwaite v Marriott (1862) 1 H&C 591 and Halliwell v Heywood (1862) 10 WR 780 all ruled a debtor has a right to recover unlawful fees and accordingly, the Authority remains indebted to me.

 

Did you ask the website for copies of these old rulings to ascertain whether what is claimed to be in them is correct?

 

Therefore the only fee the law says the Authority can lawfully charge in addition to the original PCN is £28 as prescribed under Schedule 1 of the Enforcement of Road Traffic Debts (Certificated Bailiffs) (Amendment) Regulations 2003 provided an attendance was made.

 

COMPLAINT RESOLUTION

 

1. Return the case to council administration.

 

2. The council makes the necessary investigation why I was over-charged.

 

3. Do the necessary work to ensure the person responsible for over charging me is made accountable under both, civil law and criminal law and the investigation is made objectively and professionally.

 

This is a most crazy request. Are you seriously expecting a local authority to take legal and criminal proceedings against the bailiff?

 

4. Make the necessary complaint to the appropriate authority regarding Mr. K fitness to hold a certificate.

 

This again is complete madness. If YOU believe that the bailiff is not a "fit and proper person to hold a bailiff certificate" then it is for YOU and NOT the local authority to file a Form 4 complaint to the County Court !!

 

5. Refund to me the unlawful fees and charges no later than 9.30am on 18/10/2013.

 

Please note, the authority is liable for its bailiffs under the Local Authorities (Contracting Out of Tax Billing, Collection and Enforcement Functions) Order 1996, therefore, it is not a matter for me to "contact the bailiffs" or "to deal with the bailiff".

 

This is rubbish and once again, demonstrates the importance of making sure that if you refer to either a legal case or a statutory regulation that you at least check that it is correct. This particular statutory order from 1996 has NOTHING WHATSOEVER to do with unpaid parking charge notices !!!!

 

 

If you are unable or unwilling to resolve this complaint in full then please clearly mark your response letter with the words FINAL RESOLUTION and I will ask the Local Government Ombudsman to intervene and start a claim in the county court and I will automatically proceed with the above if your reasons letter is silent on being your final resolution as per their recommendation on page 8 of the Local Government Ombudsman report of 29 November 2012.

 

Again, complete NONSENSE. The LGO will not consider any complaint unless and until, it has gone through the full local authority complaints procedure. Also....and this is important.....the LGO will NOT under any circumstances look at any complaint where a claim is made in the county court.

 

 

Yours Faithfully.

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With regards to the Local Authorities (Contracting Out of Tax Billing, Collection and Enforcement Functions) Order 1996 this Order has nothing at all to do with the enforcement of an unpaid parking charge notice. The Order itself is ONLY in relation to council tax and non domestic rates and this is confirmed in the footnote to the Order which states as follows:

 

.

.

 

"This Order makes provision to enable a billing authority in relation to the council tax and non-domestic rates, and a local authority which has the functions of a charging authority in relation to community charges, to authorise another person, or that person’s employees, (a “contractor”) to exercise functions relating to the administration and enforcement of the council tax, community charges and non-domestic rates"

 

http://www.legislation.gov.uk/uksi/1996/1880/made

 

 

.

 

PS: Yet another example of the dangers of taking "legal advice" from the internet.

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If you are unable or unwilling to resolve this complaint in full then please clearly mark your response letter with the words FINAL RESOLUTION and I will ask the Local Government Ombudsman to intervene and start a claim in the county court and I will automatically proceed with the above if your reasons letter is silent on being your final resolution as per their recommendation on page 8 of the Local Government Ombudsman report of 29 November 2012.

 

Again, complete NONSENSE. The LGO will not consider any complaint unless and until, it has gone through the full local authority complaints procedure. Also....and this is important.....the LGO will NOT under any circumstances look at any complaint where a claim is made in the county court.

 

I agree - this draft is classic barrack-room lawyer stuff. Overblown accusations of fraud, vague references to ancient cases and remarks in Parliament etc. Blustering like this achieves nothing, the recipient will immediately realise they are dealing with a half-informed blowhard, and they won't worry at all.

 

Plodderton's approach is much better - civil, specific and clear. Obtain the required information in steps, saving the 'Rumpole of the Bailey' rhetoric for the time being.

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I also informed him that my centre console in my car contains a non-removable harddrive containing personal information which is protected from removal by the Data Protection act (direct from the legislation website).

 

Would you please cite the specific section of the DPA which prevents the seizure of vehicles or equipment which have electronic data stored in/on them? This would apply especially to computers, game consoles and mobile phones, of course.

 

I cannot see any such statutory protection which would prevent an otherwise lawful seizure, it would be helpful if you could post your reference "direct from the legislation website".

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