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    • Today has been hectic so  have been unable to complete the whole thing. If you now understand it and want to go ahead with a complaint to the IPC, fine. If not then I won't need to finish it. But below is my response to your request  on post 64. No you don't seem stupid, the Protection of Freedoms Act isn't easy to get one 's head around at first. The part of the above Act referring to private parking is contained within Schedule 4 which you can find online under the Protection of Freedoms Act 2012. Section 9 of SCH.4 relates to how the parking scrotes have to perform so that they can transfer their right to pursue the keeper from the driver when the PCN is still unpaid after a certain amount of time. In your case the PCN was posted to you the keeper and arrived within 14 days from when they claimed a breach occurred. That means they complied with first part of the Act. The driver at that time was still responsible to pay the charge demanded on the PCN and PCM now have to wait for 28 days to elapse before they can write and advise the keeper that as the charge has not been paid, that they now have the right to pursue the keeper. They claim they sent the first PCN on the 13th March, five days after the alleged breach and it arrived on Friday 15th March. So to comply with the Act they have to observe Section 8 subsection 2f   (f)warn the keeper that if, after the period of 28 days beginning with the day after that on which the notice is given— (i)the amount of the unpaid parking charges specified under paragraph (d) has not been paid in full, and (ii)the creditor does not know both the name of the driver and a current address for service for the driver, the creditor will (if all the applicable conditions under this Schedule are met) have the right to recover from the keeper so much of that amount as remains unpaid. ---------------------------------------------------------------------------------------------------------------------------------------------So the first PCN was deemed to arrive on the 15th March and for 28 days to have elapsed is when the time is right for them to write and say you are now liable as keeper. So they sent the next PCN on the 12th April which is too early as you could still have paid until midnight of the 12th. So the earliest their second PCN should have gone to you was  Saturday 13th April so more likely on Monday 15th April. The IPC Code of Conduct states "Operators must be aware of their legal obligations and implement the relevant legislation and guidance when operating their businesses." So by issuing your demand a day early, they have broken the Act, the IPC Code of Conduct, the DVLA agreement  to abide by the law and the Code of Conduct not to mention a possible breach of your GDPR .   I asked the IPC  in the letter on an earlier to confirm that  CPMs Notice misrepresenting the law was a standard practice for all of PCMs Notices or just certain ones. Their distribution  may depend on when they were issued and whether they were issued in certain localities or for certain breaches. Whichever method used is a serious breach of the Law and could lead to PCM being black listed by the DVLA . One would expect that after that even if the IPC did not cancel your ticket, PCM could not risk going to Court with you nor even pursuing you any further.
    • thanks jk2054 - do you know any law i can quote (regarding timeframe) when sending the email as if i cant they'll probably just say no like the normal staff have done? thanks.
    • I lived there with her up until I gave notice. She took over the tenancy in her name. I had a letter from the council and a refund of the council tax for 1 month.    She took on the bills and tenancy and only paid the rent. No utility bills or council tax were paid once she took it over. She will continue to not pay bills in her new house which I'm now having to pay or will have to. I have looked online I believe the police and solicitors are going by the partner law to make me liable.   I have always paid my bills and ensured her half was paid then see how much free money is over.   She spends all her money on payday loans and rubbish then panics about the rent. I usually end up paying it or having to get her a loan.   Stupidly in my name but at the time it was because she was my partner. I even paid to move her and clean and decorate her old house so she got the deposit back. It cost me £3000 due to the mess she always leaves behind.
    • Paula Venomous refused to resign for 16 months and eventually did only because a doctor threatened to resign. Interesting snippets and insights in the article. Paula Vennells clung on to ‘plum’ NHS role after Horizon scandal ARCHIVE.PH archived 19 May 2024 21:49:07 UTC  
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Council Tax and Bailiffs ref only - NO POSTS ALLOWED


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does anyone know where i can find the full facts on what bailiffs can and cant do? and my rights.?

so many web sites have conflicting information..i already know a lot regarding my rights but it would be helpful to have all the facts so that i didnt fall flat on my face and start quoting the wrong law.

 

TOP TIP!!

 

I have now installed a security camera that overlooks my front door so when they do call every word of their conversation will be recorded.

I'm no expert in things really but i do have 36 years of experience in life, and some of those years fighting off bailiffs.

Nicknamed Victor Meldrew among friends as i love to complain!;)

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there is a guide in the sticky of this part of the forum.

 

You can also look at the directgov website and the consumerdirect website

All help is merely my opinion only - please seek legal advice if you need to as I am only qualified in SEN law.

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OK you got bailiffs knocking on your door for unpaid Council Tax. Here is what you should do.

 

DO NOT LET THEM IN, tell them to go away and sit down and print the below letter.

 

 

 

Understand the letter and stick to it, if you need 3 years replace 24 with 36 and so on, basically what I am saying is if you can only afford £10 and owe £1,000 you are going to need 100 months to pay it, but this is not a normal debt so keep it no longer then 4 years and 2 years is better.

 

The bailiff may attempt to get into your home again, just keep him out, he will give up and move onto more profitable calls.

 

Never again talk to anyone about his debt but keep everything in writing (you may need this). You may get threats of imprisonment for refusing to make payment,

 

covers this nicely as you are not refusing to pay and the courts can ONLY send anyone to prison when they refuse to pay which you are not.

 

Now charges, they may have over charged but first let the 14 days in the above letter pass is they have not sent you a statement in this time, it is time now to get hold of the Council as their employer, no need for S.A.R - (Subject Access Request) and the likes.

good letter - can any help - have just had a balliff letter for a council tax liability order 1999-2000. Do i still have to pay or does this fall under the 6 year rule of statured barred?

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I had an outstanding council tax bill which was passed to Equita,we received one letter on Friday,i rang the company it had already been passed to the bailiffs,they gave me his number,i rang straight away to be told he was off work and to ring on monday which i did in the meantime we got a further two letters from Equita,i rang again on monday he still could not speak to me so ring tuesday! which my husband did,he was told in no uncertain terms that it was past a repayment plan they want all the money,i rang again at teatime and the bill had increased by £200!!!! i dont know why it had increased in less than twleve hours because the amount outstanding was the same when he spoke to my husband.My husband is going to attempt to speak to the council tomorrow we can just about manage to pay half the amount before xmas,I have informed the bailiff of our intentions to pay upto half he has said he will accept payment but the action will continue.Since reading various posts on this fab website i have learnt that i should pay the council direct and not the bailiff as he will take out his share first.

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Hi all, first post on here.

 

I have arrived home today to find an Attendance Notice, The Clearance of Goods, from Rundle & Co Ltd.

 

It states that debt remains outstanding (£1052.50), that bailiff called with transportation to remove goods, will be calling back in 48 hours with Police in attendance if neccessary.

 

Phoned council up and they said that I would need to speak to bailiff about repayment plans.

Phoned Rundle & Co who put me through to bailiff (Mr Mutton), he stated repayment programme was not an option, and that my only choices were full payment of debt, or seizure of goods.

 

I cannot afford the full amount, but could split over 2 months.

 

Anybody able to offer advice??

 

Thanks

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If he has no WPO, then he cannot seize your goods - keep all doors and windows locked and do not let him in. He can have the police in attendance if he wants, but they will only be there to prevent a breach of the peace, not to force entry.

 

Send the bailff company a cheque by special delivery in the meantime for half of the amount that you can afford to pay, stating in your letter taht this is the arrangement you are making with them. By cashing your cheque, they are accepting this arrangement.

All help is merely my opinion only - please seek legal advice if you need to as I am only qualified in SEN law.

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This is my first post, im a noob so i hope that because my enquiry is about council tax/bailifs i hope this is ok to put here, i am desperate for help

 

I currently have newlyn on my back for council tax owed to south cambridgeshire district council, my current situation is that im am signed off sick by my gp with depression, im am awaiting income support as i have only just applied for it. i have less than 10pence in my only bank account and due to other debt have exhausted any possible source of money i.e family and have very few valuable possesions, the most noteworthy being a car stored off road as it has no tax mot insurance, im not sure if they know i have it..

 

Originally i was found liable by the court last year to the amount of £700, when newlyns first visited me i let the collector into my house, silly i know but i didnt know my rights, i signed an agreement but i dont know what for, i believed it was an arrangement to pay installments but am worried it was a walking possesion? i have made several payments to them over the year getting the bill down to £350 but didnt manage to keep them up. A bailiff knocked on my door last week but by the time i was dressed etc he had gone and i had a letter on my hallway floor saying "Removal of Goods Notice" magistrates liability order for unpaid council tax, amount now due £450.(not the first fine they have imposed) PLEASE DO NOT CONTACT OUR OFFICES, all payments must be to the bailiff. our office staff cannot intervene. goods can be removed in your absence.... i have been phoned by newlyn today who intend to come tomorrow and remove items from my house. The Bailiff dealing with the account has changed, do u think this is because this one is certified? if for some miracle i could find the money, if were to phone the council and offer to clear the debt in one go do they have to accept payment? and what will they want, the full original amount or the outstanding balance? i really dont want to pay these fees and give the bailiff the satisfaction. Does he have the right to force entry? i have told my housemates to keep doors locked. newlyns have only given me one receipt for the first £50 pounds installment, the first guy who visited wouldnt tell me their fees saying he didnt have to, is it too late to get this on hold sumhow via the council or sending a means test or letter like the one on the first page of this thread..can they realistically get away with adding £100 on each time, worried they may do the same tomorrow if i stop them getting in.

 

thanx in advance to the members of the consumer action group who can help.

debt makes kitty sad

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I think you may should maybe post this as a new thread to get the help you need. Meantime, stay calm, do not allow them access and phone council telling them of diagnosed depression and offering a payment plan. Also let them know that you are awaiting a decision in regard to income support. Is the walking possessions still valid from previously?

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Hi,

Does anybody know what a person's rights are when the council are using their own internal baliffs?

I am in a predicament at the moment whereby the council want to levy my goods as security against a payment arrangement with them.

I don't think this is very fair. We made a payment of £200 towards the account just yesterday and have offered £45 every week thereafter. The council still won't bend, they want this levy as security and haven't given us any choice in the matter. I have spoken to somebody high up in recovery and this is their decision.

Do I have to roll with it and pray I will be able to meet all payments or is there anything else I can do to stop this levy taking place?

Thank you.

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I need some urgent help please. I wrote to the bailifs last week re my c/tax using the template letter and offering £5 a week as all i can affor (and that will be a struggle). I have today received a reply stating that my proposalof payment is unacceptable and they are prepared to accept payments of £80 by 8/12/07 and then £90 weekly for 7 weeks. There is no way on this earth that i can afford that I am currently on maternity leave and only get £450 per month and £120 per week to live on, my mortgage is £535 month and then obviously bills, i have 2 kids to look after and really struggle. I dont know what to do as they are threatening to remove goods if i dont pay. help help please!!!!!!!

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Read the sticky - it will tell you all about the powers bailiffs ahve.

 

Basically, if they have not entered your property peacefully and you ahve not signed a walking possession order, they cannot just come and seize goods.

 

It sounds to me as if you may be entitled to council tax benefit at the moment anyway. have you applied? if not, please do so now. it may well be a good thing to speak to your local councillor or MP to get some support and help with this as you are in a vulnerable position.

 

Is it this year's council tax?

All help is merely my opinion only - please seek legal advice if you need to as I am only qualified in SEN law.

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Its all very well and good not letting them in..but if you have a car and they can just attach the debt to it. I didnt let them in to my house but because the car was on the drive they just said that if i didnt pay the debt they would be back to tow it away.

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They can list a car on a WPO, so it's better to keep it out of sight - although, the way things are going, it wouldn't surprise me if they started going to the AVR route.

All help is merely my opinion only - please seek legal advice if you need to as I am only qualified in SEN law.

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I think (?) automtic vehicle recognition - cameras on vans/hnd held etc. which can recognise number plates. it's used by some bailiffs at the moment for outstanding parking fines etc.

All help is merely my opinion only - please seek legal advice if you need to as I am only qualified in SEN law.

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Just to add to my last post, we saw how well that works last night on the bbc's bailiffs program where a bailiff turned up at a house to collect outstanding parking tickets on a vehicle, called the tow truck despite a chap telling the bailiff that that person no longer owned the vehicle and that if he called the dvla he would find that out, the bailiff did not believe the person and only when the chap produced his own parking tickets for the vehicle did he call the dvla (tow truck on route) and low and behold it had changed hands in the last week, had to chuckle at that when the bailiff found he couldnt have the car towed away

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Hi People, what gives with these bailiff, I have a pub and they have just entered my pub and levied the goods, I have spoke to the bailiff on the phone as the manager gave him my mobile number and he told me I got five days to pay £1600 or the goods will be removed. I asked why was i not informed that we was at this stage he promptly replied that you would have been notified by his office, which I know i have not as in the past when we get a letter from a bailiffs office I always make good offers of payment. So what can I do....some sound advice muchly appreciated

 

 

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I am recently having severe problems with rossendale bailiffs. I owe council tax and everytime I make an offer for payment they refuse. I now have the most arrogant man I have every met phoning me and coming to my house all the time. He has made threats about forcing entry with the police even though he has never set foot in my house and I have never signed a walking possesions order. He knows I have four children and that my husband has no work this month until January the 7th due to being self employed but is still demanding the full amount right away. He rings me at 8am up until 7pm demanding the money. I can't cope with much more, is he allowed to do this.

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