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    • Between yourself and Dave you have produced a very good WS. However if you were to do a harder hitting WS it may be that VCS would be more likely to cancel prior to a hearing. The Contract . VCS [Jake Burgess?] are trying to conflate parking in a car park to driving along a road in order to defend the indefensible. It is well known that "NO Stopping " cannot form a contract as it is prohibitory. VCS know that well as they lose time and again in Court when claiming it is contractual. By mixing up parking with driving they hope to deflect from the fact trying to claim that No Stopping is contractual is tantamount to perjury. No wonder mr Burgess doesn't want to appear in Court. Conflation also disguises the fact that while parking in a car park for a period of time can be interpreted as the acceptance of the contract that is not the case while driving down a road. The Defendant was going to the airport so it is ludicrous to suggest that driving by a No Stopping  sign is tacitly accepting  the  contract -especially as no contract is even being offered. And even if a motorist did not wish to be bound by the so called contract what could they do? Forfeit their flight and still have to stop their car to turn around? Put like that the whole scenario posed by Mr Burgess that the Defendant accepted the contract by driving past the sign is absolutely absurd and indefensible. I certainly would not want to appear in Court defending that statement either. --------------------------------------------------------------------------------------------------------------------------------------------------------- I will do the contract itself later.
    • Yes - ignore. Because of another MET victim today I looked at all our MET cases back to June 2014 ... yes, 10 years. They have never dared take a motorist to court and argue their case before a judge.  They have started the odd court case, but as a means of trying to intimidate the motorist into coughing up, when the motorist defended and refused to give in it was MET who bottled it and discontinued.
    • Unpaid wages should be pretty straightforward if you did the work. Don't be intimidated. You need only show you were due money, and did not get money.   The risk is that they have no money to pay you (and legal fees) - frankly a solicitor maybe be costing them more than your claim is for and I might have expected them to make a commercial decision to settle before this point regardless of the merits of the case.
    • Thanks so much FTMDave.  This is so much better   I'm still tempted to leave the blue section in is as if I lose it will at least save me a little bit of money.  But I get your point that it's pretty superfluous.   Thinking I'll get this in the post on Monday unless you think it's worth delaying?   
    • Hi All I have now received a Final Reminder, which I have attached. Can you confirm that I should still ignore this letter and take no further action. It does not appear to say "Letter of Claim" anywhere on the document but I just wanted to check with you all. Many thanks FightUnfairParkingTickets Parking Charge Final Reminder issued 29th May 2024.pdf
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Dear all,

 

I wanted to share this with everyone. I'm still awaiting a visit from the bailiffs and the whole issue of what will happen if the proposed Bill goes through is depressing me so much I can hardly function. i.e. I have hardly done any work for days now and I just rack my brains continually to think of how on earth this sinister situation can be avoided. Sadly I don't have the money to challenge the government in the courts and I wouldn't know how to do it anyway - so I've done the only other thing I could think of - I've written a letter to the Prime Minister. I'm sure lots of people have already done this but one more can't hurt and maybe it would even be a good idea for us all to write to him -DAILY!!!! I've copied it below for everyone to read.

Best wishes to all

Nikki

 

Dear Tony Blair

I am writing to you as a 50 year old wife, mother and terrified citizen of this country – and I am not alone. You already know, I’m sure, that many people in Great Britain are concerned about some of the new laws your government has pushed through in the last couple of years but few are as sinister and potentially catastrophic as the TC &E Bill you are attempting to pass now. If you implement this bill you will be responsible for domestic violence (i.e. violence in the home) on a scale never seen here and only comparable with Nazi Germany.

I can only imagine that you are allowing your government to attempt to implement this Bill having had no personal experience of a bailiff visit and therefore I am writing to tell you personally exactly what it is like. And I hope that when you have read this you will not want to endorse legislation that will legalise harassment and violence against the people of your own nation. The following is an account of my own experience which I posted on a consumer website and which has been copied to various Members of Parliament:

As I write this, I am sitting in my house with all the windows and doors closed (stuffy) because we are waiting for a visit from a bailiff - for something we do not owe! The bailiffs insist that we owe them £258 for Council Tax Arrears. The council has confirmed that we have no arrears either for council tax or business rates - but the council never the less insist that we DO owe the bailiffs money for visiting us.

 

When the bailiffs did visit us, back in October, we paid them a fee of £281 over and above the £600+ we paid for the debt. We then set up a payment schedule with the local council for the remaining council tax and business rates (bear in mind that we were appealing against the business rates when the bailiffs came). We paid over £3000 to the council in a period of approx. 7 weeks and we also paid the court liability orders. All arrears were paid by Dec 14th and as far as we were concerned that was the end of it.

 

On Feb 14th we got a letter from the bailiff addressed to 'the occupier' saying that they were looking for my husband - why they were looking I don't know, we live here and we work here - we're pretty easy to find! We called the Council and they confirmed that we had paid all our Council Tax liability. The letter(s) from the Bailiffs were followed up with two notices saying that they would be visiting us on 17th Feb to remove goods to the value of £129.00 x 2 for 'outstanding council tax'. We got this notice on the 16th Feb. We spoke to the council again who said they would confirm in writing that we didn't owe them anything. Then we spoke to the bailiffs who said they would delay collection for two weeks so that we could get confirmation from the council that there was no debt.

 

When the council's letter finally came, it said we had no arrears but we did owe £258.00 to the bailiffs. We asked them what for? We've had one visit, for which we paid £281.93 - what was the £258.00 for? My husband pointed out that if the bailiff felt we owed them this money then surely they should send us an invoice - not on behalf of the council - and we could challenge it in court. What did the council have to do with it? Why is a local council allowing its name to be used to collect bailiff’s fees?

 

Subsequent to various e-mails backwards and forwards, it now appears that a) the council would appear to have issued instructions to the bailiffs for an extra debt that we (nor they?) know anything about and b) the council have paid the money we paid to them, to the bailiff? So do bailiffs now factor for local councils? Or are they just viewing a shared system and if so, why?

 

Anyway we've got nowhere thus far. We've spoken to the council, the bailiffs, our local councilor, a company called 'payplan' who give free information about bailiffs (and they're advice was 'pay it - you can always try and get it back later'), citizens advice and even the police. No one can explain to us why we are being asked to pay over £500 for one visit from the bailiff - who did not enter the premises or levy distress. According to the original paper work we got from the council, a bailiff can charge £22.50 for the first visit.

 

So in the mean time we're awaiting the visit with doors and windows shut. We've advised our local councilor that we are going to video any bailiff who comes here and we will make the video available to any newspaper, TV or media that we feel should see just how heavy handed these people are.

 

Personally I believe this has been caused by an error in the council office but that is not the point. For what ever reason this has happened it is nothing less than unbelievable that people in Britain - a country that has always prided itself on being a democracy that upholds peoples rights to civil liberties, should find itself in this sorry state. As you can probably deduce from this, we are fortunately not the kind of people to take this lying down and we are incensed rather than intimidated. But what about old age pensioners, single mums, or anyone who finds themselves on their own facing legalised thugs at the door? I am not suggesting in any way that people should not pay their bills - but the speed with which these situations arise is frightening. We weren't even assessed for business rates until late May last year and then it was backdated for two years thus causing the large debt and we we were in the process of appealing both that and the significant rise in our council tax when we had the visit from the bailiffs. But we weren't given the time to resolve anything - the council with the help of the courts just sent in the bully boys.

 

I know, from all that I have read since this happened, that there are far worse cases than ours but I'm hoping that we will ultimately get an invoice from the bailiffs. Unless they can prove it is reasonable to charge such huge fees for a single visit, we will not pay it and they can pursue the matter in the small courts. That is the only way we can see to high light the matter. There is no guarantee, even then, that the system will be altered but it is surely worth a try. In the mean time I have, of course, joined the petition.

 

I'll keep everyone posted on the outcome of the bailiffs visit - if he actually turns up. Many thanks to Peter and all those who are trying to protect our civil liberties. Let's hope this government will listen.

Best wishes

What this letter doesn’t mention is how terrifying it is to have semi literate, burly men in bomber jackets and ‘bovver boots’ with aggressive attitudes standing at you door threatening you. And as we await their return we cannot help but wonder what the outcome of such visits will be when you have authorised them to break into our property?

They will be able to break the door down and use physical restraint on us while they remove our goods and even our pets! And how do you think the average member of the British public will react to this when it happens to them? I fully believe that not many of them will take it lying down.

I do not tarnish all bailiffs with the same brush but in far too many cases bailiffs are simply legalised thugs who have got their job for the very reason that they are intimidating. And for the same reasons the British stood up to German thugs over 60 years ago, we will have to do so again but this time for the protection of our own democracy . People just won’t allow themselves to be treated like this and they will fight back. So this bill is going to turn decent, law abiding citizens into criminals who will have no alternative but to use violence to protect themselves from violence.

Please do not delude yourself into thinking that bailiffs only visit terminal debtors who have no intention of paying their bills. We live in a consumer society where everyone has been given the opportunity to get into debt with credit cards, store cards, bank loans, and mortgages. We have been encouraged to have these things and rightly or wrongly we have them complete with exhorbitant interest charges. On top of that we have all sorts of taxes and I recently read that 80% of money collected by bailiffs relate to government taxes e.g council tax and congestion charges. People at the bottom of the wage scales and pensioners are having a very hard time in Britain and these are the people who will be hit hardest by this new bill. But they are by no means the only people who will experience this personal rape. Just today I received a link to an article in the Daily Mail on line by Richard Littlejohn who wrote about a typical example happening to a well known person. Here’s the link if you’d like to read it: State-sponsored daylight robbery | the Daily Mail

I urge you as a mother and a citizen to modify this aspect (Enforcement) of the Bill and if you do, it will be one of the most important things you will have done as Prime Minister. ‘An Englishman’s Home Is His castle’ and has been for over 700 years in the common law with regard to bailiffs. Please do not be the Prime Minister who destroys that right. The proposed Bill is evil and an insult to democracy. It can only bring about dire results and reckless behaviour.

Finally, I know you are extremely busy but can I ask that you send a reply to this letter that addresses the matter and if it doesn’t confirm that the Bill will be modified then please give me your reasons for believing you are justified in passing it with its present intended powers for the bailiffs. A simple ‘thank you for your letter bla bla’ reply would be inappropriate given how serious this matter is and how many people the wrong outcome will affect.

Yours sincerely

Nikki Turner

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It's a terrific letter, Spandavia. If that doesn't evoke a response, then nothing will!

 

Why not send a copy of it to

a) the chief executive of your local council and

b) the chief executive of the bailiff company

Address the envelopes to them by name, to ensure that they read the letter personally.

 

I fancy a bit of squirming might take place.:)

 

You might also want to throw in copies to Trading Standards and the other party leaders.

 

Els

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Many thanks to all for the comments about my letter. I've sent it to lots of people now including Ming Campbell and David Cameron. But having read the full transcript of Mondays Order Of The Day at the Commons and having seen how Vera Baird just ignores or spins comments from other MP's who are worried about aspects of this Bill - I can't see anyone in the Labour Party taking my letter too seriously! Still, anythings worth a try!!

Best wishes

Spandavia

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  • 1 month later...

Sadly you will not get a reply from Tony. You will get the standard letter saying that it has been passed onto the DCA. This is what happens in government.

 

Dont worry about it as bailiffs can not break in to your property.

 

The newspapers and television people will not want to know either. Certain people have been down that route and been fobbed off.

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Any reply yet Span?

 

I'm sure he will respond (or one of his lackies will print off a "standard" letter.

 

I'm equally sure that this is all part of his party's plan to ensure that Big Brother controls every aspect of our lives. The utterly ridiculous ID card scheme also being another branch of this plan.

 

The "Nanny State" Labour Party cannot help itself. It has kept up the New Labour pretence long enough, and is now reverting to type.

 

(There may be a delay in getting a reply. Mr Blair is in Scotland trying to prevent the Labour Party from being totally wiped-out at the May elections !)

 

Under this government we have ALL lost enormous rights (all hard won) - the right to break down your door is simply the very latest one.

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Mr Blair is in Scotland trying to prevent the Labour Party from being totally wiped-out at the May elections

 

 

I think that should read 'Mr Blair is in Scotland ensuring that the Labour Party get totally wiped out at the May elections'

 

Els

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If the above letter does not hit home with Mr Blair then nothing will, Regarding taking pets thats an outrage, would the bailiff's require a vet check of the pet before removing it,and would they have registered kennels etc.

Spandavia your letter is fantastic but at the same time heart felt,we are all behind you, and if as the same as me you believe in Karma Mr Blair will one day receive a taste of his own medicine.

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and if as the same as me you believe in Karma Mr Blair will one day receive a taste of his own medicine.

 

Mr Blair will be off to America very soon - to earn as much as he can on the circuit there - which is why he never has - and never will - criticise America.

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