Jump to content

  • Tweets

  • Posts

    • I have just consulted the Spirits  aka  The Civil Enforcement of Parking Contraventions which covers the situation where the PCN is not able to be placed on the windscreen nor is it handed to the driver. "    Penalty charge notices — service by a civil enforcement officer 9.  Where a civil enforcement officer has reason to believe that a penalty charge is payable with respect to a vehicle which is stationary in a civil enforcement area, he may serve a penalty charge notice— (a)by fixing it to the vehicle; or (b)giving it to the person appearing to him to be in charge of the vehicle."                                          That was Regulation 9 so now Regulation 10 follows Penalty charge notices — service by post 10.—(1) An enforcement authority may serve a penalty charge notice by post where— (a)on the basis of a record produced by an approved device, the authority has reason to believe that a penalty charge is payable with respect to a vehicle which is stationary in a civil enforcement area; (b)a civil enforcement officer attempted to serve a penalty charge notice in accordance with regulation 9 but was prevented from doing so by some person; or (c)a civil enforcement officer had begun to prepare a penalty charge notice for service in accordance with regulation 9, but the vehicle concerned was driven away from the place in which it was stationary before the civil enforcement officer had finished preparing the penalty charge notice or had served it in accordance with regulation 9, and references in these Regulations to a “regulation 10 penalty charge notice” are to a penalty charge notice served by virtue of this paragraph.   Points b and c are effectively saying that as the PCN was not able to be placed on the windscreen either because the car was driven off before completion or the driver refused to accept the PCN when it was handed to them then the PCN can be serviced by post.  Therefore the PCN to comply with PoFA should arrive within 14 days of the alleged offence or at least within 28 days.   (3) A regulation 10 penalty charge notice shall be served on the person appearing to the enforcement authority to be the owner of the vehicle involved in the contravention in consequence of which the penalty charge is payable. (4) Subject to paragraph (6), a regulation 10 penalty charge notice may not be served later than the expiration of the period of 28 days beginning with the date on which, according to a record produced by an approved device, or information given by a civil enforcement officer, the contravention to which the penalty charge notice relates occurred (in these Regulations called “the 28-day period”).   So that is what should have happened when the PCN was not served at the time. Though the parking attendant may well deny what actually happened so we may be no further forward but we now know that they sent the ticket too late but will Parking control accept it.  
    • Thank you Slick. I haven’t supplied them with any bank details or signed a DD mandate. I’ll keep you posted! 
    • hey well done, you might have saved her a pot of money there and nicely removed her from the DCA's cash cow milking troughs..sad as always these supposed free debt charities give such poor advice..8yrs of money down the drain..simply running the sb date to infinity.   as for cap1  i've highlighted a few things above in answer. do any fees appear on 1st statement you have?   as for the PPI payments, inc each of those too, even though that bird has flown.  
    • It was all agreed on the phone and the email as seen above and contract were thensent electronically..
    • I'm using a telephone so this is just a short post.   I'm afraid that you're making a mistake getting one quotation from an authorised BMW repairer and the other one from a local garage.   You will end up with two quotes one very expensive and one very cheap but the quality will be very cheap. Then you will be pressurised to take the cheap quote for the poor quality work.   Your quotations must be quotations from equally authorised and reputable garages doing an equal quality job.   It's important that you compare like with like  
  • Recommended Topics

  • Our picks

    • Ebay Packlink and Hermes - destroyed item as it was "damaged". https://www.consumeractiongroup.co.uk/topic/430396-ebay-packlink-and-hermes-destroyed-item-as-it-was-damaged/&do=findComment&comment=5087347
      • 32 replies
    • I sent in the bailiffs to the BBC. They collected £350. It made me smile.
        • Haha
        • Like
    • Hi @BankFodder
      Sorry for only updating you now, but after your guidance with submitting the claim it was pretty straight forward and I didn't want to unnecessarily waste your time. Especially with this guide you wrote here, so many thanks for that
      So I issued the claim on day 15 and they requested more time to respond.
      They took until the last day to respond and denied the claim, unsurprisingly saying my contract was with Packlink and not with them.
      I opted for mediation, and it played out very similarly to other people's experiences.
      In the first call I outlined my case, and I referred to the Contracts (Rights of Third Parties) Act 1999 as the reason to why I do in fact have a contract with them. 
      In the second call the mediator came back with an offer of the full amount of the phone and postage £146.93, but not the court costs. I said I was not willing to accept this and the mediator came across as a bit irritated that I would not accept this and said I should be flexible. I insisted that the law was on my side and I was willing to take them to court. The mediator went back to Hermes with what I said.
      In the third call the mediator said that they would offer the full amount. However, he said that Hermes still thought that I should have taken the case against Packlink instead, and that they would try to recover the court costs themselves from Packlink.
      To be fair to them, if Packlink wasn't based in Spain I would've made the claim against them instead. But since they are overseas and the law lets me take action against Hermes directly, it's the best way of trying to recover the money.
      So this is a great win. Thank you so much for your help and all of the resources available on this site. It has helped me so much especially as someone who does not know anything about making money claims.
      Many thanks, stay safe and have a good Christmas!
        • Thanks
    • Hermes and mediation hints. https://www.consumeractiongroup.co.uk/topic/428981-hermes-and-mediation-hints/&do=findComment&comment=5080003
      • 1 reply
  • Recommended Topics

  • Recommended Topics

style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 1302 days.

If you need to add something to this thread then


Please click the "Report " link


at the bottom of one of the posts.


If you want to post a new story then


Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 



Recommended Posts



very odd situation.


last night i emptied alot of rubbish in 4 black bags from the shed.


folding chair, few wood handles for spade and broomstick, dinner plates, curtains.


this mornig everything was gone. including the black bags with alot of old letters etc.


about 30 minutes ago some dude with council clothing came and said he went through the black bags, found my letters and someone from the council will be in touch for fly tipping.


i said i had the rubbish here, in my drive way. often people take rubbish espically old pc, monitors or metal items.


i said on saturday or sunday we were going to visit the depot as i have done 4 times last week for household rubbish.


he said he cant say much however i was going to get fined. so i asked where did you find my items. he said on next road by a tree.


Right on the main road. i said i had one black bag with letters etc however rest of the items are not mine. as he metioned tables, chairs, matress, bed etc.


he said he dose not know but it was his duty to tell me.


i am confused and angry. i think whats happned is some people took all my stuff asumming it was something they could sue, saw the bag and realised old letters and dumped it.


i asked him if he saw a chair or broomsticks or old pc box and he said no.


i am confused. what shall i do. wait for the council to get in tocuh?



Link to post
Share on other sites

Phone the Police on the local number 101 and report it as a theft, obtaining a crime reference number. Provide the councils enforcement team with the crime reference number and explain what happened.


If you do that, then there should not be any penalty applied. The Police won't investigate, but will note what happened.


Never put any paperwork in your bins that contains your name and address details. Not even the advertising and charity letters with your address. You should burn or shred everything that might be found later in a pile of rubbish somewhere. You have no comtrol over your rubbish once you put it out.

We could do with some help from you.



 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

Link to post
Share on other sites

Perfect advice philmycoke.


People do take bin bags from people's house to look for personal data they can steal.



It happened to me a few years ago.

I reported it to Police (online crime reporting website).



A police officer rang me, I explained I didn't care a monkeys about the rubbish

but if it turned up somewhere I didn't want to be accused of fly tipping.



He understood, said rather than give me a formal crime number (I think he didn't want this on local crime statistics!) he gave me a different reference number I could use if there was ever any come back. There wasn't in my case. Yours is a bit different as you've already had council round but follow uncleb's advice anyway. Come back and tell us what happens next, in the meantime make make a written note to yourself - and sign and date it - of what happened and your conversation with the council officer in case they take it further. Contrary to what they implied merely finding your rubbish somewhere is not sufficient for a court to find you guilty of flytipping. They have to show you put it there!


Ever since then we have shredded absolutely everything, all the junk mail envelopes, even the stuff just addressed to 'the occupier (although my OH thinks that's probably unnecessary .... :) )

Link to post
Share on other sites

Called the police got the REF and she said the council will stop there, she fell short that they need to prove i put it there in middle of day on the busy road along with maybe few beds and wardrobes.


What shall i do now? i mean to protect myself?


all we were going to do was pick the black bags up. into the car, with grass and few wooden pieces from the fense and go to the depot pay £25 and dump it into 3 containers. 1 for paper, 1 for wood and 1 for metals.



Link to post
Share on other sites

The point is that you were subject to a criminal act i.e theft. You have reported this theft. You cannot be held responsible for your stolen property being dumped by the thieves who took it.


Just provide the council with the Police reference number and a brief explanation of what happened.


The council should them drop the matter.

We could do with some help from you.



 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

Link to post
Share on other sites

Thread moved to Local Authority Forum.



We could do with some help from you.



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


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

Link to post
Share on other sites
thanmk you. i am sure council man is not getting to use my details, however now i am scared. oh god!


ummm is there something i can do now?


Not sure why you are worrying, unless you have done something wrong.


Have you done something wrong here, that deserves the council taking you to court ?


Do you deserve to be fined for fly tipping ?


If not, then write to the council with the police reference number and a brief explanation.

We could do with some help from you.



 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

Link to post
Share on other sites

people nick the bags looking for scrap metal, charity donations that can be sold at a car boot etc so not that unusual. Council have presumably found the bags with contents spilt all over the place elsewhere and have traced it back to you by the letters etc.


Here is a lesson for you. Never put anything with your name and address in the bin, always shred it, even old envelopes with nothing in go in the shredder. As Ethel says someone can use this to get a mobile phone contract payday loan etc and that would give you even more grief.


As for council man not using your details, you can bet they will, give any public official a law to allow them to do something and they will always exceed that authority so you do need to report the theft and the when the council start chasing you there will be a response that they cant ignore.

Edited by honeybee13
Link to post
Share on other sites
  • Recently Browsing   0 Caggers

    No registered users viewing this page.

  • Have we helped you ...?

  • Create New...