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    • Thanks for the welcome Andyorch   dx100uk - I have had 2 previous addresses since coming back to the UK.   Does this mean I should not ignore?   
    • I would be inclined to rip their WS apart. That way, I doubt that VCS would wish to proceed to Court.  In paragraph 5 VCS claim they have full compliance with their Code of Practice for Private Enforcement and Private Land. Really? Can this be the same VCS that was issuing PCNs between 2013 and 2017 knowing that the signage there had not been agreed by Liverpool council and therefore the signage was illegal. Here is an open letter from the Parking Prank   Tuesday, 19 November 2013 An open letter to Simon Renshaw Smith of VCS parking regarding Liverpool John Lennon Airport   19/11/2013 Dear Mr Renshaw Smith,   I wish to draw your attention to the procedural impropriety in your operational activities on the approach roads within Liverpool John Lennon Airport.   You are actively operating under contract to issue civil penalty tickets (PCN’s) for traffic offences on the roads such as stopping at the roadside, whether for seconds, minutes or even longer, or for parking on the roadside verges.   You are doing so based on an allegation of contractual agreement for a breach of parking conditions and are actively sending out a notice to keeper in each case where you ask for the name and address of the driver. You are doing this under the provisions of the Protection of Freedoms Act 2012.   As you are no doubt aware, due to your many years of experience in emptying people’s wallets, where land is governed by byelaws the remedy for any breach of conditions of those byelaws is through the criminal courts, such as a magistrates.   Not only that, since the byelaws set an amount of penalty for failure to comply with them; a further amount based on your own assessment is unlawful at best and perhaps even fraudulent.   A set of the byelaws for the Liverpool Airport have now been obtained from a reliable source, Liverpool City Council,  which sets out the airport’s stance on roadway use, or misuse. It also lays down a penalty upon summary conviction for a breach of the byelaws of £5 for the 1st offence and a further amount of 40 shillings for a continued daily breach.   I put it to you that these byelaws govern the airport’s penalty regime for the alleged contraventions you are enforcing. In fact there is no penalty for stopping at the roadside. There is no offence committed so there can be no penalty unless it can be proven in a magistrate’s court that this action amounted to a failure under para 14: “Driving or placing a vehicle carelessly or dangerously or without due consideration for persons using the airport”   Para 18 gives notice that a “failure by the driver of a vehicle to comply with any direction for the regulation of traffic given by a constable or any person acting on behalf of the council or a traffic sign” will be subject to the penalty regime of the aforementioned £5 plus 40 shillings per day afterwards.   The mention of the traffic signs and the council's part in the overall monitoring means that the signs must be compliant to the TSRGD which are those shown for the public highways; not the ones arbitrarily stuck at the roadside by yourself which are meaningless in the context of the legal status of the byelaws.   Furthermore, POFA 2012 3(1)(c) states that Schedule 4 only applies on land on which the parking of a vehicle is not subject to a statutory control. It further states (3)For the purposes of sub-paragraph (1)(c) the parking of a vehicle on land is “subject to statutory control” if any statutory provision imposes a liability (whether criminal or civil, and whether in the form of a fee or charge or a penalty of any kind) in respect of the parking on that land of vehicles generally or of vehicles of a description that includes the vehicle in question.   The byelaws state at para 2.19 that the following act is prohibited. The penalty for this is a fine not exceeding five pounds.   POFA 2012 therefore does not apply, and you may therefore only pursue the driver and not the registered keeper. Moreover, you may only pursue them for the sum of five pounds.   Knowingly pursuing the registered keeper when POFA 2012 is an offence which the DVLA take extremely seriously and may ban you from access. The BPA wrote to you in their electronic newsletter this month reiterating this.   I put it to you, Mr Renshaw Smith, that your company is operating unlawfully at the Liverpool Airport site and ask what you intend to do since this has now been brought to your notice.   May I remind you that since this is an unlawful operation, you may well be required at some later time to recompense the amounts of the PCN’s already paid by drivers, and perhaps face tough questions in a court of law, not just a civil court.           Happy Stopping Briefly At the Roadside   The Parking Prankster   The Prankster would like to thank his source for the above   I am sure that you will find other examples of VCS not complying with Code of Conduct or the Law.   And of course VCS do not have the ability to take you to Court because you were a trespasser and only the land owner can take a trespasser to Court.          
    • Yes ...you have it confirmed by the court above that they requested a copy of the Order/Consent on the 2/08/2019....and then requested judgment on 21/08/2019 .
    • blimey J&P   I wonder how many more solicitor firms UAE creditors will try and use as a cheaper alternative to IRDWW and their cohorts that appear to have cost them £1000's in fees for nothing in return.   if this is not a letter of claim  pers i'd ignore them unless you have previous UK addresses since coming to the UK?
    • Thats the idea.....any further flaws with the reconstituted agreement ? They will be able to rely on a recon given that the agreement is post April 2007 but it must be accurate and a true copy of the agreement used from that date.   Andy
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You need to get some assistance sorting the council tax liability etc sorted as it needs to be taken out of your name. The payment for now will stop the imminent action and the rest is a little way off yet before it becomes a problem (assuming it's next year's bill).

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1 hour ago, ss002d6252 said:

To be paid by 1 April or on 1 April?  Is it next year's bill?

They told me it had all been lumped into together, so I thought whatever they had sent me included the upcoming year, since they only just sent the paperwork out. They've given me 25% off and that's it. I can't pay and they take forever to sort anything out, so I can't imagine it'll be resolved by the end of the month. 

 

1 hour ago, ss002d6252 said:

You need to get some assistance sorting the council tax liability etc sorted as it needs to be taken out of your name. The payment for now will stop the imminent action and the rest is a little way off yet before it becomes a problem (assuming it's next year's bill).

 

They want it by 1st April this year, so if I don't pay will they not take action straight away?

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It can't be next year's council tax charge as they have to spread it by instalments, starting on 1 April. You need to know what the amount is for.

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They've asked for £280 by end of March for last year's bill and then another £160 by 1st April, which is the first installment for the forthcoming year.

 

Sorry if I seem like I'm not really with it. I was in a&e til 3am this morning, so a bit sleep deprived.

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Ah Ok, as it's next year's charge the first payment is due on 1 April - you can pay it earlier but it's not due until that day. Next year isn't an issue for now as it's at least 14 days away before it starts getting at the point where it may start to cause issues.

The arrears will continue to cause issues until their either paid or the liability issue is sorted out properly.
 

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Hi everyone,

 

I'm still trying to resolve this issue. 

 

I tried emailing the local council and I haven't had a response, because of their back log. I tried calling today and they're giving me the same answer. 

 

They've said that my mum is SMI so she can no longer be liable for the bill and therefore it cannot be in her name. She can only be listed as one of the people who loves there.

 

They've asked me to fill in a form as a residential carer to get more of a discount, but insist that the bill be in my name because I'm the only other person who lives there.

 

I even told the person about the legislation from central government and she's told me that every local council is different, which completely baffled me. She's asked me to email again, but before I do, is there anything else in the legislation that says regardless of SMI, the hierarchy in the legislation should be respected? I.e. the home owner should always be the first person responsible for the council tax bill.

 

I am honestly at the end of my tether. I got so frustrated that they called the police because they thought I was going to harm myself. I cannot cope with all of this back and forth and round in circles. It's seriously affecting my health. Being a carer round the clock is hard enough without all of this upheaval. I really would appreciate further advice.

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The council cannot override statue although some try

- I spend all day, every day, battling with local authorities and it can get frustrating, even for those who know the system.

 

I had an email today from someone who had been arguing with the council for month over a similar issue, it was only once I got involved that they backed off and acknowledged she was correct. It shouldn't take a person to have to get help to sort what should be a relatively easy issue.

 

The simple point is that liability does not drop down-over just because a person is SMI, SMI status only works where a person is jointly liable and that other party is resident (or neither party is resident) in the property.

 

It would appear that the local authority do not understand council tax liability and based on what you say they are clearly wrong in how they are attempting to implement liability under s6.

 

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 I am at a complete loss.

I don't know who to speak to or email.

 

It's totally and completely absurd to me that someone who works there in that department is unaware of the existence and content of the legislation that underpins what they work with.

 

I don't even know what to say anymore.

I just don't want that bill in my name of it's not meant to be and I don't think that's a lot to ask.

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It's quite common for them to have little, if any, training - to put it simply , if they knew their stuff and did it properly  .The argument over SMI & liability is an old, and very misunderstood one.

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Before we become the Republic of South Glos and apparently have our own set of laws and even maybe moving to speaking our own language, where can I find someone like you in my area to speak to them, because it seems like they won't take any notice of me.

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Hi

 

You have been given some excellent advice

 

Could I just ask as your mother due to her medical condition is classed as SMI do you have Power of 
Attorney (POA) for your mother?

 

When you initially informed the council you were living in the property as your mothers carer did they
send out a Change in Circumstances Form for you to complete or a blank new Council Tax form to fill in?

 

Challenging a Council can be very difficult especially if they know they are in the wrong but don't want to
admit it and dig there heels in and throw any confusing dribble at you in the hope you will go away.

 

I fought my own council for over 4 yrs as refused council tax reduction, outcome they lost big time and had to pay back 4 yrs CTR & £££££££ compensation.

 

I do agree you could do with help locally to assist you in challenging this with the council. (in your search engine just type 'carers south gloucestershire') contact them and just explain you are a carer for mother who is smi and council tax issue and if they would be able to help or point you to someone else)

I would also recommend that you need to write to the council and place this in-dispute (title letter 'Formal Complaint Council Tax') and make such and keep a copy and get free proof of posting.

(do not contact them by phone put everything in writing, you need to keep a good paper trail of evidence)

 

Note: the reason I say to place this in dispute is when you get there acknowledgement of receipt of your complaint what comes into force is they need to use the legislation / Regulations that were in force at the date of councils acknowledgement letter. (if they then try to use any updates / changes made to that legislation/regulation after that date it's a no no as they were not in force at the date of your complaint but they will always try as people are unaware of this)
 

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In that respect there have been no changes to the relevant part of the Act since  around 2002 he's relatively safe on that one.
 

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Hi Stu,

 

Thank you for your reply.

 

Yes, I have been given excellent advice so far, but South Glos so far have been very unresponsive- I still haven't heard back from the email I sent.

 

I do have POA for my mother; does that make a difference in terms of naming me as the person accountable for the bill?

 

As far as I can remember- given that this is a good 9 months ago now. I filled in an SMI form and a change of circumstances form. I filled in a form as they requested to put the council tax in my name and then one to apply for a discount on top of that.

 

Thank you for the advice- I will put together a letter and send it off and contact my local carers' support centre and see what they recommend. So far, people are a bit baffled as to why this has happened. They're not sure if it's to do with my POA.

 

It's been so stressful and after all this time I've actually gone and got a job, so I'm no longer on carer's allowance, so not sure where that leaves me.

 

I haven't told them I'm starting my role on Monday, because I don't want to over complicate the issue.

I would rather that they get the named person on the bill right before they do anything else.

Obviously, we'll be living in virtual reality before this happens!

 

Last time I spoke to them, I said the issue made me feel like I wanted to hang myself and they called the police on me, fearing for my safety.

 

I explained to the person about the legislation and that all I wanted was a response and for someone to look seriously at my case.

 

Please could someone let me know if having POA means that the bill needs to be in my name?

At the moment, only I am named on the bill.

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POA makes no difference. Just means you can act on your Mums behalf.

 

Suggest writing to the Chairperson of your local council, with copies of all relevant documents. E.g. Those showing your Mum owns the house with ex partner who no longer lives at the address. Copies of PIP document showing enhanced award/SMI, copy of PoA, copy of Carers Allowance document showing you are carer.  Explain that the Council have made an error in law, quoting the legislation referred to in this thread. Ask that this is rectified ASAP, with Council Tax account put on hold while this is being investigated and necessary actions taken. Make sure you quote all Council Tax account numbers, if yours is now different to your Mums.

 

South Gloucs council have a Chairperson as head of the council, hence why I suggest writing to them.


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Posted (edited)
On 18/05/2019 at 22:14, purple_rain said:

I explained to the person about the legislation and that all I wanted was a response and for someone to look seriously at my case.

 

I dealt with a case that's just ended after around 2 months of back & forwards just to get the result I told them was correct from the very start - if they'd listened it would have saved plenty of time (and money). Drove me to distraction (and the client felt worse) before someone with a bit sense finally looked.

 

Quote

Please could someone let me know if having POA means that the bill needs to be in my name? 

At the moment, only I am named on the bill.

No it doesn't - POA has no effect on council tax liability

Edited by ss002d6252

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