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    • Thank you for posting up the results from the sar. The PCN is not compliant with the Protection of Freedoms Act 2012 Schedule 4. Under Section 9 [2][a] they are supposed to specify the parking time. the photographs show your car in motion both entering and leaving the car park thus not parking. If you have to do a Witness Statement later should they finally take you to Court you will have to continue to state that even though you stayed there for several hours in a small car park and the difference between the ANPR times and the actual parking period may only be a matter of a few minutes  nevertheless the CEL have failed to comply with the Act by failing to specify the parking period. However it looks as if your appeal revealed you were the driver the deficient PCN will not help you as the driver. I suspect that it may have been an appeal from the pub that meant that CEL offered you partly a way out  by allowing you to claim you had made an error in registering your vehicle reg. number . This enabled them to reduce the charge to £20 despite them acknowledging that you hadn't registered at all. We have not seen the signs in the car park yet so we do not what is said on them and all the signs say the same thing. It would be unusual for a pub to have  a Permit Holders Only sign which may discourage casual motorists from stopping there. But if that is the sign then as it prohibits any one who doesn't have a permit, then it cannot form a contract with motorists though it may depend on how the signs are worded.
    • Defence and Counterclaim Claim number XXX Claimant Civil Enforcement Limited Defendant XXXXXXXXXXXXX   How much of the claim do you dispute? I dispute the full amount claimed as shown on the claim form.   Do you dispute this claim because you have already paid it? No, for other reasons.   Defence 1. The Defendant is the recorded keeper of XXXXXXX  2. It is denied that the Defendant entered into a contract with the Claimant. 3. 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 simply contracted by the landowner 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. 4. In any case it is denied that the Defendant broke the terms of a contract with the Claimant. 5. The Claimant is attempting double recovery by adding an additional sum not included in the original offer. 6. In a further abuse of the legal process the Claimant is claiming £50 legal representative's costs, even though they have no legal representative. 7. The Particulars of Claim is denied in its entirety. It is denied that the Claimant is entitled to the relief claimed or any relief at all. Signed I am the Defendant - I believe that the facts stated in this form are true XXXXXXXXXXX 01/05/2024   Defendant's date of birth XXXXXXXXXX   Address to which notices about this claim can be sent to you  
    • pop up on the bulk court website detailed on the claimform. [if it is not working return after the w/end or the next day if week time] . When you select ‘Register’, you will be taken to a screen titled ‘Sign in using Government Gateway’.  Choose ‘Create sign in details’ to register for the first time.  You will be asked to provide your name, email address, set a password and a memorable recovery word. You will be emailed your Government Gateway 12-digit User ID.  You should make a note of your memorable word, or password as these are not included in the email.<<**IMPORTANT**  then log in to the bulk court Website .  select respond to a claim and select the start AOS box. .  then using the details required from the claimform . defend all leave jurisdiction unticked  you DO NOT file a defence at this time [BUT you MUST file a defence regardless by day 33 ] click thru to the end confirm and exit the website .get a CPR 31:14 request running to the solicitors https://www.consumeractiongroup.co.uk/forum/showthread.php?486334-CPR-31.14-Request-to-use-on-receipt-of-a-PPC-(-Private-Land-Parking-Court-Claim type your name ONLY no need to sign anything .you DO NOT await the return of paperwork. you MUST file a defence regardless by day 33 from the date on the claimform.
    • well post it here as a text in a the msg reply half of it is blanked out. dx  
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Ive just had a demand from Phoenix.

 

Ive also just been called a "little prick" by their caller. (I have it recorded)

 

My PCN was from Lambeth council, I didnt dispute it but asked for time to pay but heard nothing until today.

Now they can whistle for it.

 

I have a Lambeth PCN which I replied to saying I was unsure of dates as I'd sold the car.

 

I heard nothing for six months then today got a note pushed through my door from Phoenix demanding £500 + !!!

 

On calling the number provided I was told to "listen, you little prick", (I have it recorded)

 

I chose to end the call instead of listening but not before he laughed and added that he would now make even more money out of me.

 

Am I obliged to deal with these people?

Edited by dx100uk
2 short posts merged thread moved to bailiffs forum - dx
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I have a Lambeth PCN which I replied to saying I was unsure of dates as I'd sold the car. I heard nothing for six months then today got a note pushed through my door from Phoenix demanding £500 + !!!

On calling the number provided I was told to "listen, you little prick", (I have it recorded), but chose to end the call instead of listening. Am I obliged to deal with these people?

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when was the PCN from please?

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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August of last year.

There was paperwork through the door which lists allsorts of costs including "exceptional costs agreed by court". I have no knowledge of any court case.

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I have a Lambeth PCN which I replied to saying I was unsure of dates as I'd sold the car. I heard nothing for six months then today got a note pushed through my door from Phoenix demanding £500 + !!!

On calling the number provided I was told to "listen, you little prick", (I have it recorded), but chose to end the call instead of listening. Am I obliged to deal with these people?

 

Hello bojest.

 

If you're talking about a parking charge notice, you need to start a new thread of your own on the local authority parking forum here.

 

HB

Illegitimi non carborundum

 

 

 

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Any chance you might send a copy of the recording to us on our admin email address please.

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Any chance you might send a copy of the recording to us on our admin email address please.

Yes, certainly will and further, I didnt mention its the notorious "trap" bus lane at Clapham Park Road.

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My PCN was from Lambeth council, I didnt dispute it but asked for time to pay but heard nothing until today. Now they can whistle for it.

 

I have a Lambeth PCN which I replied to saying I was unsure of dates as I'd sold the car.

 

I heard nothing for six months then today got a note pushed through my door from Phoenix demanding £500 + !!!

 

Am I obliged to deal with these people?

 

Where the problem seems to have arisen is with your request to the council for 'time to pay'. It is very rare indeed for a parking dept to accept payment arrangements. Did you approach the council at the Notice to Owner, Charge Certificate or Order for Recovery stage?

 

How much was the debt standing at when you contacted the council?

 

You have also mention that you had contacted the council for details of the contravention date. The applicable date would have been on each of the notices from Lambeth (the Notice to Owner, Charge Certificate and Order for Recovery). I would suggest that you call Lambeth today to ascertain whether the penalty charge notice is your responsibility or that of the new keeper.

 

As a warrant has now been issued, any vehicle that you have is currently at risk of being taken into control so this mater does need to be resolved asap.

 

With regards to the telephone conversation, it is very important that you bring this to the attention of Phoenix at the earliest opportunity. I can PM contact details to you if you wish.

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Yes, certainly will and further, I didnt mention its the notorious "trap" bus lane at Clapham Park Road.

 

As the penalty charge notice is now at 'warrant stage', the matter of 'appealing' the actual contravention, has long passed. Did you make representation to Lambeth at the 'appeal' stage?

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You might want to let Lambeth know that their agents are abusing their position.

However, as it has got to the bailiff stage you will be running up a very large bill if you continue to ignore them. They could take possession of any vehicle you own.

When you have spoken to Lambeth traffic and parking people let the South London Press know about the lovely customer services people at Phoenix

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bojest;

 

can you please stop keep making duplicate threads elsewhere on the forum.

or random post like the above on other existing threads belonging to other people

thats 7 now.

 

keep to this one thread.

 

thankyou

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Been in contact with phoenix today.

 

 

They asked for recording of abuse and it has been sent and received.

 

I have no problem with the fine once the various cases are heard regarding entrapment by Lambeth council,

(Clapham Park Rd buslane cashcow),

 

 

but the threatening, abusive words used are a no no.

 

 

Do these "enforcers" answer to any licencing body?

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yes, the high court.

 

so stop thinking that you arent going to pay because they were rude, that is a side issue and the 2 should be separated.

 

 

You need to sort out the fine and then go after the bailiff co with the people who hired them (Lambeth) and that way you may well get some compensation to offset the small fortune you are going to have to pay because you didnt pay the original £80.

 

 

You may like to appeal to get the clock reset if you genuinely didnt get any of their paperwork after the initial notice and have proof you wrote to the council to query the event.

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The man wasnt "rude".

He was threatening and abusive.

 

 

He made himself very clear and his tone was menacing.

This is especially worrying for someone like myself who is very much limited by disability and relies on carers.

 

As for paperwork,

I got one letter and telephoned a number in Worthing of all places and explained things to the lady there.

 

 

That was all I heard of it until this thug showed up telephoning and telling me he was going to make a "lot of money" out of me.

 

 

Surely, nobody can be expected to be an "earner" for a private individual.

 

I have tried to find your email address to send the recording but am unable to.

 

 

Can you give it me here?

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Hi,

Some words on CAG have a link attached to them. admin is one of them however for ease, the address is [email protected]. Please ensure that there are no spaces in the email address as sometimes the forum software adds a space.

If you are asked to deal with any matter via private message, PLEASE report it.

Everything I say is opinion only. If you are unsure on any comment made, you should see a qualified solicitor

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Surely, nobody can be expected to be an "earner" for a private individual.

 

I am not sure what you mean by this comment. If you are referring to bailiff charges, the fact remains that the fees are set by legislation. The compliance fee is £75 and is deducted at source from the initial payment made, if full payment or a payment proposal is not made by the date given on the Notice of Enforcement, then it needs to be remembered that the account will then be passed to an enforcement agent and the purpose of that visit is to 'take control of goods' (or accept payment). That visit is charged at £235.

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My point exactly. The price is set so how can this man say that "NOW Im going to earn a lot more money from you" ?

Recording sent. A policeman neighbour tells me that if I had a record of both calls then added together they amount to demanding money with menaces, unfortunately I have only the second.

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Thanks for the recording.

 

I have to say that I think that you came on rather strong to him right from the beginning, but of course it is completely understandable that you were in a stressed condition.

 

The guy on the phone is meant to be a professional and his training should put him in a position where he can deal with that kind of thing and hopefully calm the situation down. He was certainly out of order to use that kind of language.

 

I understand that you have sent a copy of the recording to Phoenix. However, I don't think that this is the most effective thing to do. The clients of enforcement companies like to try to keep out of the way. In a way you could say the enforcement companies tasks are not only to recover the money but also to take the flak and to defuse it if there is any going. Their clients prefer to stay in the background.

 

If I were you I would begin a complaint to Lambeth tell Lambeth that if it is not dealt with then you will be going to the local authority ombudsman. That is a move which will trouble them. Once Lambeth take notice and complain to Phoenix and asked for answers from Phoenix then you can be certain that Phoenix will take it seriously – and probably more seriously than merely an approach by yourself.

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Thank you! As for my being a little forthright, I was in hospital, (my planned shoulder replacement was cancelled because of the stress brought on by this, raising my blood pressure to 200 over 120), when these conversations took place and I had already been told by this man "you bleeding WILL pay and I'll be round your house to collect" so although I was defensive with him at no time was I abusive, insulting or threatening like he was. Remember too, there was no indication on his sheet of paper as to what this £513 was due for other than "Lambeth and court costs" and I'd not been aware of any court case.

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I'd not been aware of any court case.

 

The 'court case' is wholly different from usual County Court judgments.

 

The council would have sent you a Charge Certificate to advise that if unpaid, the debt would be registered at the Traffic Enforcement Centre (which is part of Northampton County Bulk Centre). Once registered, an Order for Recovery would have been sent. There is no judgment and neither will there have been a hearing.

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Have you been in touch with Lambeth, who issued the original ticket and tried to get a copy of the paperwork they used to get things this far? If not whatever you say wont change a thing, the rude person will get told off by his bosses and you will still owe a small fortune for a parking ticket.

 

If you really want revenge then getting the court judgement overturned will be the sweetest as then the rude man wont get to play any more and the company will have lost money invested in chasing you.

 

Were you using the correct details for the vehicle at the time? It seems odd that you didnt get any paperwork between the original event and the bailiff visit.

Edited by honeybee13
Paras.
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Two things.

First, Lambeth yesterday could not even find the reg number but thats Lambeth!

 

Secondly and more importantly, praise when due.

 

I was contacted by someone senior at Phoenix who had investigated the matter.

He was aware of the paucity of information received by me and apologised for his agents behaviour and is aware of just how slapdash Lambeth can be.

 

This chap and I managed to reach an understanding and I was given assurances which I honestly believe will be kept to.

 

 

Once senior management at Phoenix became aware they acted swiftly and decisively and nothing more could be asked of them so there you have it, there are decent people in the industry.

 

Many thanks to all for the advice.

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Two things.

First, Lambeth yesterday could not even find the reg number but thats Lambeth!

 

Secondly and more importantly, praise when due.

 

I was contacted by someone senior at Phoenix who had investigated the matter.

He was aware of the paucity of information received by me and apologised for his agents behaviour and is aware of just how slapdash Lambeth can be.

 

This chap and I managed to reach an understanding and I was given assurances which I honestly believe will be kept to.

 

 

Once senior management at Phoenix became aware they acted swiftly and decisively and nothing more could be asked of them so there you have it, there are decent people in the industry.

 

Many thanks to all for the advice.

 

Thank you for posting an update. Your reply confirms what I have been saying for a very long time and that is, that if there is a complaint, the enforcement company should be given the opportunity to investigate it.

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