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    • Thank-you dx for your feedback. That is the reason I posted my opinion, because I am trying to learn more and this is one of the ways to learn, by posting my opinions and if I am incorrect then being advised of the reasons I am incorrect. I am not sure if you have educated me on the points in my post that would be incorrect. However, you are correct on one point, I shall refrain from posting on any other thread other than my own going forward and if you think my post here is unhelpful, misleading or in any other way inappropriate, then please do feel obliged to delete it but educate me on the reason why. To help my learning process, it would be helpful to know what I got wrong other than it goes against established advice considering the outcome of a recent court case on this topic that seemed to suggest it was dismissed due to an appeal not being made at the first stage. Thank-you.   EDIT:  Just to be clear, I am not intending to go against established advice by suggesting that appeals should ALWAYS be made, just my thoughts on the particular case of paying for parking and entering an incorrect VRN. Should this ever happen to me, I will make an appeal at the first stage to avoid any problems that may occur at a later stage. Although, any individual in a similar position should decide for themselves what they think is an appropriate course of action. Also, I continue to be grateful for any advice you give on my own particular case.  
    • you can have your humble opinion.... You are very new to all this private parking speculative invoice game you have very quickly taken it upon yourself to be all over this forum, now to the extent of moving away from your initial thread with your own issue that you knew little about handling to littering the forum and posting on numerous established and existing threads, where advice has already been given or a conclusion has already resulted, with your theories conclusions and observations which of course are very welcomed. BUT... in some instances, like this one...you dont quite match the advice that the forum and it's members have gathered over a very long consensual period given in a tried and trusted consistent mannered thoughtful approach. one could even call it forum hi-jacking and that is becoming somewhat worrying . dx
    • Yeah, sorry, that's what I meant .... I said DCBL because I was reading a few threads about them discontinuing claims and getting spanked in court! Meant  YOU  Highview !!!  🖕 The more I read this forum and the more I engage with it's incredible users, the more I learn and the more my knowledge expands. If my case gets to court, the Judge will dismiss it after I utter my first sentence, and you DCBL and Highview don't even know why .... OMG! .... So excited to get to court!
    • Yep, I read that and thought about trying to find out what the consideration and grace period is at Riverside but not sure I can. I know they say "You must tell us the specific consideration/grace period at a site if our compliance team or our agents ask what it is"  but I doubt they would disclose it to the public, maybe I should have asked in my CPR 31.14 letter? Yes, I think I can get rid of 5 minutes. I am also going to include a point about BPA CoP: 13.2 The reference to a consideration period in 13.1 shall not apply where a parking event takes place. I think that is Deception .... They giveth with one hand and taketh away with the other! One other point to note, the more I read, the more I study, the more proficient I feel I am becoming in this area. Make no mistake DBCL if you are reading this, when I win in court, if I have the grounds to make any claims against you, such as breach of GDPR, I shall be doing so.
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Cheddar's OH Vs Dukes Bailiffs


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Okay almost (and i really am hoping it is almost and not over) 6 years ago my hubby and me got into difficulty with our council tax and subsequently got a summons, liability order etc and made agreement to pay.

 

Now this is where it gets complicated cos we can't really remember what happened in what order, but we either got into difficulty paying and bailiffs got involved and then hubby also got a council tax bill from years ago saying he was living with a friend (or it was the other way around).

 

All the time he lived with the friend he was on Council Tax Benefit and the period of time covered on the bill was from when he didn't live there and was registered for CT purposes at a different address anyway, so obviously we disputed the amount and obviously the fact his friends name was also on it and he didn't live with us, yet his friend hadn't got a bill ??

 

Amonsgt all the arguing with bailiffs and the council we had to pay the bailiffs fees for letters and evenutally a visit (maybe two) I do remember the man coming to make inventory, who I also made a complaint about as he was hideously rude and basically took the pee out of us, sitting there laughing 'haha you got caught'.

 

I cannot remember which debt this was for (ours or the disputed one) but we were charged £100's in fees if i remember rightly. Anyway hubby dealt with his bill and tells me now that the council admitted they were wrong and refunded us but told us to ask dukes for the fees back, but they referred to council and back and forth until we gave up.

 

So I presume I will have to start with a SAR? Is this only sent to Dukes? Or to the council as well? Do I simply amend the template? I will post what I think is best...TIA.

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REF: COUNCIL TAX DEBT (bmbc)

 

 

Please supply me with a complete list of transactions and charges relating to my history with your organization with reference to debt handled by yourselves for Council Tax for [address]/[council]. ??

 

Additionally, where there has been any event in my account history over this period which has required manual intervention by any member of your staff, or any other person, I require disclosure of any indication or notes which have either caused or resulted in that manual intervention, or other evidence of that manual intervention in relation to my business with you.

 

If you are unable to supply this data because there has been no such manual intervention, then please be so kind as to confirm this in your response.

 

I enclose the statutory maximum fee of £10. You have 40 days in which to comply.

 

If there is specific information which you require in order to satisfy yourself as to my identity, please let me know by return. However, please note that the above address is the one which you normally use to communicate my private business to me and which you have hitherto found to be acceptable.

 

Yours faithfully,

 

Do I put any reference numbers? I only have one and I am not really sure which addresses the debt/s covered as we moved a lot at that time! lol! Do I need to put in the part about MI?

 

Could anyone advise pls? Thank you. :)

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you need to put sar in. see whatthey say. also write to the council and confirm they were wrong and what their policies are on bailiffs acting on their behalf and also what their comments are regarding the fees bailiffs charge them.

CLICK HERE FOR A LOOK AT ALL OF MY FILES: http://s134.photobucket.com/albums/q82/bailiffchaser/

do not forget to click on my scale if i am giving you the right advice or advice is making sense click my scales otherwise others think i am not helping you.

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you need to put S.A.R - (Subject Access Request) in. see whatthey say. also write to the council and confirm they were wrong and what their policies are on bailiffs acting on their behalf and also what their comments are regarding the fees bailiffs charge them.

 

Oh rightyho, so is the SAR i posted abouve sufficient? Is asking the council to do that getting evidence to help in possibly court claim?

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Is there actually a set rpcedure for this cos I can't see one, has anyone actually gona up against a bailiff in this manner, I have no paperwork on this and it makes it v difficult for me...

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mate check this link and ask any questions later. Read all of the correspondances properly !!!!!!!

 

here is the link :bailiffchaser - Photobucket - Video and Image Hosting

CLICK HERE FOR A LOOK AT ALL OF MY FILES: http://s134.photobucket.com/albums/q82/bailiffchaser/

do not forget to click on my scale if i am giving you the right advice or advice is making sense click my scales otherwise others think i am not helping you.

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Thank you i will have a read when i have a moment, its just so complicated with the fact my husband doesn't keep flipping paperwork, now I find hes being chased by B,C&W for something! lol! Grrrr!

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You do not need all of your paperwork. Ihave just got mine via the la. As the last thing they wanted was to be dragged in front of a county court judge to explain themselves. Send your sar off (adjust to your specific requirements) wait and then write 2 or three times after the 40 days. say 10 days apart with copies of previous correspondance. send them recorded and ask for a advice of deivery. If the letters are signed for but the signature does not state contents not checked then in law the addressee has admitted the contents of the letter. then issue a n1 and so on. The council trust me will not want to go infront of a judge and explain themselves !!!! Also when you get your sar split it into 2 claims. As if you go over £5000 then costs can be awarded. trust me as i have been all the way which is what you will see from the link provided. a defendant also has till 04/01/07 to either acknowledge or defend the claim. I will be in court on thursday to have the judgement done there and then.

CLICK HERE FOR A LOOK AT ALL OF MY FILES: http://s134.photobucket.com/albums/q82/bailiffchaser/

do not forget to click on my scale if i am giving you the right advice or advice is making sense click my scales otherwise others think i am not helping you.

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I don't see how the LA is liable when I am disputing the Bailiffs Fees (I know there is an issue with the mixed up bill with hubby and friend but I will find out about that when I get my SAR back from Dukes I presume).

 

As for going over £5000 theres no way it will get to that, think the fees were around £500...maybe lol!

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when you go after them. Go for the whole amount. As again the bailiff company will not want to explain themselves infront of a county court judge. Bearing in mind that nasty things can happen when in court.

CLICK HERE FOR A LOOK AT ALL OF MY FILES: http://s134.photobucket.com/albums/q82/bailiffchaser/

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by law the bailiff company and the client are jointly liable for any of the bailiffs actions including fees etc.

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No this would not. If you go for the whole amount then the council will also indirectly be involved with this. This way you can find out what went to the council and what the bailiff company kept themselves.

CLICK HERE FOR A LOOK AT ALL OF MY FILES: http://s134.photobucket.com/albums/q82/bailiffchaser/

do not forget to click on my scale if i am giving you the right advice or advice is making sense click my scales otherwise others think i am not helping you.

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Send the SAR - when you get your reply come back and we will see how we can help further. Zooman has written an excellent sticky on baliff fees above.

The council couldn't care less about going to court as the fees they add on are court fees and the council tax is due to be paid.

Consumer Health Forums - where you can discuss any health or relationship matters.

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Personally your choice how abouts you want to go but i would go for the whole thing. you have paid what you were supposed to. Just remeber how the bailiffs treated you when they came to collect and so on when you recieve your sar.

CLICK HERE FOR A LOOK AT ALL OF MY FILES: http://s134.photobucket.com/albums/q82/bailiffchaser/

do not forget to click on my scale if i am giving you the right advice or advice is making sense click my scales otherwise others think i am not helping you.

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Well to be honest I am not going to claim back my council tax as that should have been paid just as everyone else has to pay it. If we could claim it all back surely everyone could let it get to bailiff stage and claim it all back everytime? Thus never paying any Council Tax? I wonder what Law it is that allows this?

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You have paid your council tax. Its when you sue for the whole amount it will come out of the bailiff companies pockets not the taxpayers !!!

CLICK HERE FOR A LOOK AT ALL OF MY FILES: http://s134.photobucket.com/albums/q82/bailiffchaser/

do not forget to click on my scale if i am giving you the right advice or advice is making sense click my scales otherwise others think i am not helping you.

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You have paid your council tax. Its when you sue for the whole amount it will come out of the bailiff companies pockets not the taxpayers !!!

 

Maybe, althouhg I doubt that will happen but what it the law you refer to in your earlier post?

Consumer Health Forums - where you can discuss any health or relationship matters.

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The bailiffs have settled your account with the council. they cannot go back after x amount of years and clinch this back as its their fault they are in this situation in the first place. Also they run the risk of loosing their contract etc with them as well.

CLICK HERE FOR A LOOK AT ALL OF MY FILES: http://s134.photobucket.com/albums/q82/bailiffchaser/

do not forget to click on my scale if i am giving you the right advice or advice is making sense click my scales otherwise others think i am not helping you.

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