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    • Howler, I agree with everything dx and Manxman have said. You can do this, please don't let them win.   HB
    • Hi I have received a letter from Tesco stating they will no longer reply to me regards this matter. Even though ICO have raised concerns. Please help with where I should go now. 
    • Howler - don't get pissed off.  Look at it as a game.   If I remember correctly they threatened you with having a charge put on your wife's property - which you and your wife successfully got them to back down on and you got a written apology from the chief officer(?) of the Legal Aid service.   Now they've assessed your income and outgoings and have passed it onto debt collectors without any reference back to you and without giving you an opportunity to challenge their findings.  I'd be complaining to the Legal Aid service again that that is unfair and wrong.   I know you've recently had bad news in that you've been diagnosed with some sort of brain problem (sorry - don't know how else to put it) and your wife is not well, so all this is the last thing you want, but in the overall scheme of things, it is only money.   They say you owe them, what, about £106k?  Can you afford to pay it - NO!  What can they do about it?  Sue you - so what...  nobody dies from being sued.  Get on with your lives and you and your wife enjoy yourselves.   And remember, London1971 and dx100uk reckon you should be claiming back the money you've already paid them   Just don't get depressed or down about it.  It's simply not worth it.  Even if you lose it isn't worth worrying about and making your self (and your wife) more ill.   When (or rather IF) you get an actual court claim - come back.   (It's a bit like that old saying.  You owe the Legal Aid service £1000 - that's your problem.  You owe them £100k and can't pay it - that's their problem!)
    • Hi.   I agree with Dave on which way to go with this. I know you're new to all of it but it's worth more research to see how PPCs behave, if NCP have made any errors and so on.   HB
    • Well, it's up to you, but I would consider two things.   1.  If you wanted to give in, the time to give in would have been at the start.  They're now suing you and if you pay now you'll have to pay their costs, and if it goes to a court case and you lose you'll have to pay their costs, so in a sense you might as well continue the fight.   2.  Although you were "in the wrong", it's perfectly possible that NCP don't have planning permission or sent out their demand too late, or will simply discontinue if you put in a robust Witness Statement.   Meanwhile I've tweaked the defence a bit, see if others agree or disagree.   1.  It is denied that the Claimant entered into a contract with the Defendant, or broke any such contract.   2.  As held by the Upper Tax Tribunal in Vehicle Control Services Limited v HMRC [2012] UKUT 129 (TCC), any contract requires offer and acceptance. The Claimant was only contracted to provide car park management services and is not capable of entering into a contract with the Defendant on its own account, as the car park is owned by and the terms of entry set by the landowner. Accordingly, it is denied that the Claimant has authority to bring this claim. The proper Claimant is the landowner.   3.  It is denied that the Claimant has complied with Schedule 4, Protection of Freedoms Act 2012 to establish keeper liability.   4.  I believe that the claimant did not obtain planning permission granted for signage etc under the Town and Country Planning Act 2007.   5.  The Defendant has added additional amounts to the claim to try to circumvent limits on legal costs in an abuse of court procedure.  
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Episode 2 and it just gets better, did I really hear bailiff Debbie say "you've been stopped for non payment of a parking fine"?

And did the voice over really say "bailiff Debbie stops another motorist for ...."?

 

Loved the bit bit about the motability car Brassnecked, who do they think they are?

As this series progresses it's obvious that the police are acting on the instructions of the bailiffs and stopping vehicles 'unlawfully'.

Next week somebody gets arrested and cuffed, that should be fun.

Illegitimi non carborundum

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Episode 2 and it just gets better, did I really hear bailiff Debbie say "you've been stopped for non payment of a parking fine"?

And did the voice over really say "bailiff Debbie stops another motorist for ...."?

 

Loved the bit bit about the motability car Brassnecked, who do they think they are?

As this series progresses it's obvious that the police are acting on the instructions of the bailiffs and stopping vehicles 'unlawfully'.

Next week somebody gets arrested and cuffed, that should be fun.

It will as it does appear that the police are indeed stopping the cars at the behest of the bailiffs. Wonder if the guy arrested on next weeks tried to drive off?

Tomtubby said that eoisode 3 would be very interesting.

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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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I am really going to have to stop watching rubbish like this,

 

 

between these arrogant :@#£$% with the bonny bibs on, The plod who stand by and idly break the law at their behest, the uneducated citizens who let them get away with it and the exploits of Rev Paul Nicolson, my wife must dread being in the same room as me, nearly waking up my kids last night shouting "No you aren't" and "No you can't" at the telly.

 

 

Going to go back to watching Gold on a Thursday night, much better for my blood pressure

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Took me 2 hours to watch this last night. I had to keep rewinding because I could not believe what was being said. Then I couldn't hear what was said because I was shouting and swearing at the TV.

 

It is outrageous that the Police are involved in this.

That Bailiff couple, words fail me. She sticks her head in the car and says to the 40yr old male driver "are you Hermione" then her husband roots around in the boot "looking for something to seize"

Dispatch, “We have a 911, Armed Robbery in progress, see Surplus Store corner of Peebles Drive and West 24th Street”

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Took me 2 hours to watch this last night. I had to keep rewinding because I could not believe what was being said. Then I couldn't hear what was said because I was shouting and swearing at the TV.

 

It is outrageous that the Police are involved in this.

That Bailiff couple, words fail me. She sticks her head in the car and says to the 40yr old male driver "are you Hermione" then her husband roots around in the boot "looking for something to seize"

The whole thing shows Distress, or Taking Control of Goods to be medieval, and costly, it doesn't help clear debt it actively increases it.

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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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Can someone answer these questions. How can stopping a car on a public highway lead to a car being automatically seized ? Can an enforcement officer just look at a car and it is seized ?

 

Surely the enforcement officer would have to identify that the driver or occupant of a car were the person who owed the fine and have to issue a seizure notice for the car, before the car would be deemed seized ?

 

I can see no reason why the driver of a car could not just refuse to talk to an enforcement officer and drive on. There is nothing the Police could do about this, as there would be no lawful grounds to pursue the driver.

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Perhaps plod would say that in driving off they nearly hit the bailiff so due care/dangerous driving as excuse, either way I think plod would stitch the driver up for something.

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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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Once again the programme was very interesting indeed and next week's episode looks to be even more serious with the arrest of a debtor at one of the ANPR Roadside 'ambushes' (for want of another word).

 

One the matter of the role of the police, it is very important to read the thread that I started at the weekend concerning the response from the Metropolitan Police regarding these 'Police and Bailiff ANPR Roadside Operations'. The bottom line form the FOI response is that the police have realised that they should only be 'assisting'the following:

 

'Civilian Enforcement Officers' (employees of the Magistrates Court) enforcing criminal warrants.

 

'Approved Enforcement Officers' (such as Marston Group, Collectica Ltd, Swift and Excel Enforcement) who enforce Magistrate Court Warrants for criminal offences.

 

and lastly;

 

High Court Enforcement Officers enforcing a 'writ of fi fa'.

 

The FOI confirmed that with regards to the enforcement of road traffic debts by private sector bailiffs they are NOT supposed to be offering 'their assistance'. Instead, the police have to rely upon the 'old chestnut' of Section 163 of the Road Traffic Act !!! (stop and search).

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Just viewed the programme for a 2nd time and cannot believe the nonsense that Deborah Carle (Mrs Kenny) stated to the motorist that his car was pulled over as 'it has unpaid fines against it" !!!!! A car cannot have a fine against IT. The PCN is against the debtor and not the bloody car !!!!

 

The second worrying point was the case of the polish driver who was pulled over and who it was discovered had paid £700 the day before to ANOTHER bailiff firm...clearly another bailiff company also have the warrant info on THEIR ANPR system as well ......

 

On the matter of the appeals to the adjudicator it was good to see how reasonable Caroline Sheppherd was in dealing with the appeal at PTP. She is the most experienced person and it was good to see how informal the process is (although this is now quite the case at PATAS).

 

I was very interested to also see Ms Kiera Fleck at Sandwell Council. I am still confused a to why she calls herself Ms Fleck !!! I have met her a few times and her name is Ms Anji Patel (and last year she finished her term as President of the British Parking Association ).......

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TT

 

The EA from Whyte & Co did not appear to be doing her job in line with the professional standards as I understand them.

 

She asked a third party to pay the outstanding amount, when the person owing the fine was not present. I did not think they could do this ?

 

On what basis were the EA's from Whyte & Co acting ?

 

How can they stick there head in a cars window and act as if a car had been seized, when the car owner was not present and no seizure notice had been issued ?

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What would be interesting but no doubt any such incident will have been edited out, would be where a NEW Owner who has recently bought the vehicle that Mrs Kenney avows has warrants against it, is pulled over due to ANPR and she tries to make the innocent pay. Better that they won't so the car is removed on camera, Now that would be really good on TV to show how ludicrous the whole medieval system is. Good evidence for the innocent to claim compensation and costs back, especially if Police arrest them for obstruction.

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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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Unclebulgaria.

 

I did not see a 'seizure' notice being given and frankly, the driver was quite within their rights to drive away.

 

On the matter of 'asking a friend' to make payment. The bailiff will merely state that the payment was made voluntarily (which is difficult to believe given that the payment is made under duress (in order to avoid the vehicle being removed).

 

Over the past 6 months or so I have received a number of enquiries from debtors who have had their cars pulled over at a popular 'ambush' location on Western Way leading to HMP Belmarsh Prison. If this location alone is not 'intimidation' I don't know what is.

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Morning all ,

This program has got me so wound up that is has warranted another post . The reason why a motorist doesn 't drive off is probably intimidation . The bailiffs having a line of old bill behind them would make you think twice about driving off . As for the bailiffs,

knowing that you are to be filmed you would make sure that you did everything by the book . A follow up program should be made by the producers inviting Whyte and Co and the Met to explain their actions. Finally I cant believe that any police force would be duped into helping bailiffs in this way . Surely this shows that they are not au fait with bailiff law , if not sure run it by a solicitor . I said in an earlier post , a neighbour owes me a tenner can I go down to my local nick and get a copper to knock on her door and get it back ? No I would be told to frack off .

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The second worrying point was the case of the polish driver who was pulled over and who it was discovered had paid £700 the day before to ANOTHER bailiff firm...clearly another bailiff company also have the warrant info on THEIR ANPR system as well

Point 3 in post #28

Much flows from this. I believe the waters are deeper and even murkier than what has been revealed to date.

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Point 3 in post #28

Much flows from this. I believe the waters are deeper and even murkier than what has been revealed to date.

 

 

 

 

I was going to watch this weeks again on I player I am convinced she said the warrant is with the other bailiff firm I wonder if this mean she is enforcing for several bailiff firms during these road side enforcement's and if she doesn't have the warrant how can she enforce it

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lamma and Hallow, it looks murkier with each episode.

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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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What would have been very revealing is whether the copies of the 'warrants' which readily appear on smart phones from the respective bailiff offices would have contained the same information, times, dates and fonts had they been copied from what should have been the original and only source ie the local authority's prepared copy. If that was the case then they would have been identical.

 

If that happened I'll give the money mesself.

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I have just watched the latest episode. The 'more plain' comments in this thread did not go far enough !! Many many comments possible on the 'enforcement' and the permits 'consultation'. There are also obvious societal observations and conclusions to be drawn, most of them depressing. Heart should be taken from the fact the public showed an innate sense of fairness and of what is actually just. And how the system depends on their (innocent ignorance to overcome it.

I seem to recall that there have been other occasions when 'Kiera' has been 'nomenclature variant'.

As to why and what conditions cause whichever alter ego to be used I have no idea.

 

More appalled than before. Will I be able to stomach the third episode I wonder.

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.

 

More appalled than before. Will I be able to stomach the third episode I wonder.

it looks to be interesting as in how and why do plod end up arresting a driver of a car they pull in for the bailiffs?

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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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it looks to be interesting as in how and why do plod end up arresting a driver of a car they pull in for the bailiffs?

 

will be interesting to see. maybe a peace breach?

am glad this is all on tv on record, seeing the plod and 'bailiffs' act beyond their powers?

IMO

:-):rant:

 

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Will it show the extent of the ANPR debacle? we are about to find out

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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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