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    • What do you guys think the chances are for her?   She followed the law, they didnt, then they engage in deception, would the judge take kindly to being lied to by these clowns? If we have a case then we should proceed and not allow these blatant dishonest cheaters to succeed 
    • I have looked at the car park and it is quite clearly marked that it is  pay to park  and advising that there are cameras installed so kind of difficult to dispute that. On the other hand it doesn't appear to state at the entrance what the charge is for breaching their rules. However they do have a load of writing in the two notices under the entrance sign which it would help if you could photograph legible copies of them. Also legible photos of the signs inside the car park as well as legible photos of the payment signs. I say legible because the wording of their signs is very important as to whether they have formed a contract with motorists. For example the entrance sign itself doe not offer a contract because it states the T&Cs are inside the car park. But the the two signs below may change that situation which is why we would like to see them. I have looked at their Notice to Keeper which is pretty close to what it should say apart from one item. Under the Protection of Freedoms Act 2012 Schedule 4 Section 9 [2]a] the PCN should specify the period of parking. It doesn't. It does show the ANPR times but that includes driving from the entrance to the parking spot and then from the parking place to the exit. I know that this is a small car park but the Act is quite clear that the parking period must be specified. That failure means that the keeper is no longer responsible for the charge, only the driver is now liable to pay. Should this ever go to Court , Judges do not accept that the driver and the keeper are the same person so ECP will have their work cut out deciding who was driving. As long as they do not know, it will be difficult for them to win in Court which is one reason why we advise not to appeal since the appeal can lead to them finding out at times that the driver  and the keeper were the same person. You will get loads of threats from ECP and their sixth rate debt collectors and solicitors. They will also keep quoting ever higher amounts owed. Do not worry, the maximum. they can charge is the amount on the sign. Anything over that is unlawful. You can safely ignore the drivel from the Drips but come back to us should you receive a Letter of Claim. That will be the Snotty letter time.
    • please stop using @username - sends unnecessary alerts to people. everyone that's posted on your thread inc you gets an automatic email alert when someone else posts.  
    • he Fraser group own Robin park in Wigan. The CEO's email  is  [email protected]
    • Yes, it was, but in practice we've found time after time that judges will not rule against PPCs solely on the lack of PP.  They should - but they don't.  We include illegal signage in WSs, but more as a tactic to show the PPC up as spvis rather than in the hope that the judge will act on that one point alone. But sue them for what?  They haven't really done much apart from sending you stupid letters. Breach of GDPR?  It could be argued they knew you had Supremacy of Contact but it's a a long shot. Trespass to your vehicle?  I know someone on the Parking Prankster blog did that but it's one case out of thousands. Surely best to defy them and put the onus on them to sue you.  Make them carry the risk.  And if they finally do - smash them. If you want, I suppose you could have a laugh at the MA's expense.  Tell them about the criminality they have endorsed and give them 24 hours to have your tickets cancelled and have the signs removed - otherwise you will contact the council to start enforcement for breach of planning permission.
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      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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Attachment of earnings x 2 plus Enforcement Agent.


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Are the Local Authority allowed to do this?

 

Arrange two attachment of earnings orders for previous Council Tax years, yet allow the Enforcement Agent to continue action on the current year.

 

The attachment of earnings was arranged by the LA, after the bailiffs had unsuccessfully tried to collect previous years

 

Thanks for any insight here.

Please note: I give advice, in good faith, based on my reading and experience. Please satisfy yourself, that any advice given is accurate in content before acting upon it.

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http://www.consumeractiongroup.co.uk/forum/site-questions-suggestions/53182-cant-find-what-youre.html

 

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Thanks.

 

It does seem strange that the regulations only allow two attachements, and this is tiered, so that the less you earn, the lower the percentage, but then allows the EA to demand further funds.

Please note: I give advice, in good faith, based on my reading and experience. Please satisfy yourself, that any advice given is accurate in content before acting upon it.

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http://www.consumeractiongroup.co.uk/forum/site-questions-suggestions/53182-cant-find-what-youre.html

 

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You could always ask for the debts to be consolidated into one attachment of earnings

 

Each individual council tax year would be subject to a seperate liability order and therefore classed as seperate debts, so that wouldn't be possible

None of the beliefs held by "Freemen on the land" have ever been supported by any judgments or verdicts in any criminal or civil court cases.

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Quote from CAB site re council tax: You can ask the court to give you a consolidated attachment of earnings order.

 

Can you provide a link please?

Please note: I give advice, in good faith, based on my reading and experience. Please satisfy yourself, that any advice given is accurate in content before acting upon it.

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http://www.consumeractiongroup.co.uk/forum/site-questions-suggestions/53182-cant-find-what-youre.html

 

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My post count is too low for a direct link, but copy this into your browser with a www at the front:

 

adviceguide.org.uk/wales/ debt_w/debt_action_your_creditor_can_take_e/creditor_takes_money_from_your_wages.htm

 

The information that you have been reading about on the Adviceguide site is not for attachment of earnings orders for council tax but is for attachment of earnings in relation to civil County Court Judgments. They may appear similar but are covered by entirely different regulations.

 

In relation to Council Tax Attachment of Earnings Order they cannot be consolidated.

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http://www.adviceguide.org.uk/wales/debt_w/debt_action_your_creditor_can_take_e.htm

 

This is a CAB fact sheet so no problem posting it up. However as already advised by Bailiff advice, this is for Civil Debt

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Here's a guide given by Oxford City Council for employers. Most other Councils follow a similar pattern.

 

Ploddertom,

 

The attachment is one that is very old. It contains the deduction rate from the old regulations and most importantly, the Annexe (Form of Attachment of Earnings Order) under Regulations 37 is also the one that had been in use before the amendment (1A) was introduced in 2004 (see below)

 

http://www.legislation.gov.uk/uksi/2004/927/regulation/6/made?view=plain

 

As can be seen from the above legislation, the amendment was to provide that the Schedule 5 fees incurred would be added to the CTAEO

 

 

I will publish a copy of the newer Annexe shortly.

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I have been reading a good basic Q&A from Cheshire CC. on this very subject and hope it helps to understand what is/not going to happen.

 

 

Here http://www.cheshireeast.gov.uk/council_tax/recovery_process_and_faqs.aspx

 

 

It confirms/denies some points being discussed on this thread a worthwhile read. But if it raises good discussion points then all the better

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