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    • Hi welcome to the Forum.  If a PCN is sent out late ie after the 12th day of the alleged offence, the charge cannot then be transferred from the driver to the keeper.T he PCN is deemed to have arrived two days after dispatch so in your case, unless you can prove that Nexus sent the PCN several days after they claim you have very little chance of winning that argument. All is not lost since the majority of PCNs sent out are very poorly worded so that yet again the keeper is not liable to pay the charge, only the driver is now liable. If you post up the PCN, front and back we will be able to confirm whether it is compliant or not. Even if it is ok, there are lots of other reasons why it is not necessary to pay those rogues. 
    • Hi I received a Parking Charge letter to keeper on Monday 15/04/24, the 17th day after the alleged incident. My understanding is that this is outside the window for notifying. The issue date was 08/04/2024 which should have been in good time for it to have arrived within the notice period but in fact it actually arrived at lunchtime on the 15th. Do I have to prove when it arrived  (and if so how can I do that?) or is the onus on them to prove it was delivered in time? All I can find is that delivery is assumed to be on the second working day after issue which would have been Weds 10//04/24 but it was actually delivered 5 days later than that (thank you Royal Mail!). My husband was present when it arrived - is a family member witness considered sufficient proof? 1 Date of the infringement  arr 28/03/24 21:00, dep 29/03/24 01.27 2 Date on the NTK  08/04/2024 (Date of Issue) 3 Date received Monday 15/04/24 4 Does the NTK mention schedule 4 of The Protections of Freedoms Act 2012?  Yes 5 Is there any photographic evidence of the event? Yes 6 Have you appealed? [Y/N?] post up your appeal] No    Have you had a response?  n/a 7 Who is the parking company? GroupNexus 8. Where exactly [carpark name and town] Petrol Station Roadchef Tibshelf South DE55 5T 'operating in accordance with the BPA's Code of Practice'  
    • lookinforinfo - many thanks for your reply. It would be very interesting to get the letter of discontinuance. The court receptionist said that the county court was in Gloucester 'today' so that makes me think that some days it is in Gloucester and some days its in Cheltenham, it was maybe changed by the courts and i was never informed, who knows if DCBL were or not. My costs were a gallon of petrol and £3.40 for parking. I certainly don't want to end up in court again that's for sure but never say never lol. Its utterly disgusting the way these crooks can legally treat motorists but that's the uk for you. I'm originally from Scotland so it's good that they are not enforceable there but they certainly still try to get money out of you. I have to admit i have lost count of the pcn's i have received in the last 2 yr and 4 months since coming to England for work, most of them stop bothering you on their own eventually, it was just this one that they took it all the way. Like i mentioned in my WS the the likes of Aldi and other companies can get them cancelled but Mcdonalds refused to help me despite me being a very good customer.   brassednecked - many thanks   honeybee - many thanks   nicky boy - many thanks    
    • Huh? This is nothing about paying just for what I use - I currently prefer the averaged monthly payment - else i wouldn't be in credit month after month - which I am comfortable with - else I wold simply request a part refund - which I  would have done if they hadn't reduced my monthly dd after the complaint I raised (handled slowly and rather badly) highlighted the errors in their systems (one of which they do seem to have fixed) Are you not aware DD is always potentially variable? ah well, look it up - but my deal is a supposed to average the payments over a year, and i dont expect them to change payments (up or down) without my informed agreement ESPECIALLY when I'm in credit over winter.   You are happy with your smart meter - jolly for you I dont want one, dont have to have one  - so wont   I have a box that tells me my electricity usage - was free donkeys years ago and shows me everything I need to know just like a smart meter but doesnt need a smart meter,  and i can manually set my charges - so as a side effect - would show me if the charges from the supplier were mismatched. Doesn't tell me if the meters actually calibrated correctly - but neither does your smart meter. That all relies on a label and the competence of the testers - and the competence of any remote fiddling with the settings. You seem happy with that - thats fine. I'm not.    
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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.
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After some advice please

 

I made a payment plan with Jacobs bailiffs for council tax debt back in aug, I missed 1 payment in sept but doubled up the following week.

 

To cut a long story short after I was late paying I received a letter saying the payment plan was no longer in place.

 

I've had several bailiff visits and I've not opened the door but I have continued to make my weekly payments with fail every week.

 

I have continued to receive letters and texts saying removal action is imminent and today another text saying the removal team will attend today between 6am and 9pm.

 

I don't understand why they continue to hassle me when I am still making my weekly payments.

 

Any advice please would be great.

Edited by dx100uk
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They cant remove anything unless theyve gained entry and performed a levy on goods.

 

The reason they are chasing is because you missed a payment but didnt inform them. Doesnt matter if you make it up, you still have to tell them, as they will just think youve stopped paying.

 

Have they performed a levy on anything you own? Such as a vehicle?

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

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I did inform them I would double up the next week and they should be aware I am still paying as every letter I receive the price has gone down. No levy has been made on anything as they have not entered my property and we don't have a car

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Dont let them in, keep paying, and i would also inform the council as well. Youll get futher advice, but the bailiffs should not be saying theyre coming to remove when they know they cant.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

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Thank you, I wondered if it was just an empty threat in order to get me to phone them? I've spoken with the council before and they just say I have to deal with Jacobs. I'm guessing the chances of them turning up today are slim then if they know they can't do anything?

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It was in response to the first letter they sent so made over the phone

 

 

 

 

 

 

So they had only added £75 to what you owed then. By missing a payment - for whatever reason - they then class this as a broken arrangement whether you pay or not - this in turn triggers a visit fee of £235 which will now be added to what you owe. Fighting it with the enforcement co will be like hitting your head off a brick wall & would hazard a guess the Councils attitude will be "tough". Try getting your local Councillor involved and in particular remind him/her that the Council are very much responsible for the actions of their contractors. http://www.writetothem.com

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Yes both those costs have already been added which those alone more than doubled what we originally owed to the council. I have continued to make my payments that I'd agreed to initially and they can see that so why the constant threats of attending again? I've I'd have stopped paying completely it's understandable but I haven't and have never missed a payment since

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How much was the Liability Order the Council obtained? What they are hoping for is that they can gain access or Take Control of Goods outside - car perhaps, so that next time they can remove it and then add extra charges.

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Original amount owed to the council was £222.0. we now owe £190.01 so clearly they can see we've nearby paid it off.

 

 

 

 

 

 

 

 

Thank you for that. Do you know how much you have paid to date? When the arrangement was originally set up did they confirm it in writing? How much do you pay per week?

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To date we have paid them £342.00 which is more than the original debt to the council. The council tell me they haven't received all of the money yet as Jacobs take out their fees first before sending any money over to council. We pay £30 a week. Yes I believe they did but can't lay may my hands on it just yet to confirm

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Many thanks for providing that. Taking their fees out first - £310 - shows you have only paid some £32 towards the debt, each payment you make will probably take 2 weeks to be forwarded to the Council which is why it always show as lagging.

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And that's crazy and we've already paid more than the original debt. Just frustrating that we still pay every week and they're still harassing us even when they know they can't come and remove any goods as they haven't taken control of any

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Just make sure nothing of value outside especially a car or motorbike

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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After some advice please

 

I made a payment plan with Jacobs bailiffs for council tax debt back in aug, I missed 1 payment in sept but doubled up the following week.

 

To cut a long story short after I was late paying I received a letter saying the payment plan was no longer in place.

 

I've had several bailiff visits and I've not opened the door but I have continued to make my weekly payments with fail every week.

 

I have continued to receive letters and texts saying removal action is imminent and today another text saying the removal team will attend today between 6am and 9pm.

 

I don't understand why they continue to hassle me when I am still making my weekly payments. .

 

I have never liked weekly payment arrangements for exactly the reason that you have highlighted.

 

In the first instance, we need to take on board that it was not until 2014 that bailiffs were encouraged by the government to accept payment arrangements. If a payment arrangement is agreed, then it is the responsibility of the debtor to ENSURE that their agreed payment is made by the agreed date. If it is the case that for one reason for another ,payment cannot be made on the agreed date, then the debtor should contact the enforcement company in ADVANCE. If you had done that and had paid the missing payment the following week (together with your usual weekly payment) then I would have expected the payment arrangement to continue to be in place.

 

You need to also take on board that when the regulations were overhauled in 2014, all enforcement companies had to make huge adjustments to their computer systems to manage 'payment arrangements' and deal with 'pro rata' distribution of payments. This would have included computer programmes recognising payment arrangements that had defaulted (such as yours). In this respect, the computer system would cancel the arrangement and the relevant account would automatically progress to the 'enforcement stage' (which is exactly what has happened in your case).

 

When a case progresses to the 'enforcement stage' the the position changes in that the PURPOSE of the visit will be to 'take control of goods' (usually a motor vehicle). There is also the added problem in that an 'enforcement fee' of £235 is applied.

 

As you do not have a vehicle and are not minded to let the bailiff into your home, there is actually very little that the enforcement company can do. The bailiff would still be able to make a personal visit to your home and 'reminder' letters can continue to be sent. Please be assured though that no further fees can now be added.

 

The Removal Notice is computer generated and I would not worry unduly any further.

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Many thanks I have just spoken with the council and they've given me a list of all the payments they have received so far which totals £161.57. originally order was for 267.01.

 

Hi

 

You have my sympathies, you seem to be being hindered in paying your debt rather than helped.

 

If you have the amount paid between the first notice from the bailiff and his first visit we can work out exactly what you should owe.

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