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      Hi I have to agree with @unclebulgaria67 post#3 For the funding side of moving to a new area and it being private supported accommodation I would also suggest speaking to private supported accommodation provider about funding but also contact the Local Council for that area and have a chat with them about funding because if you are in receipt of Housing Benefit certain Supported Accommodation that meets a certain criteria is treated as ‘exempt accommodation’ for Housing Benefit purposes but you need to confirm this with that relevant Council in your new area especially since it is Private Supported Accommodation as each Council can have slightly different rules on this. If you have a certain medical condition look up the charities and also have a wee chat with them as they may be able to point you to different Grants to assist with moving costs and your question about funding for private supported accommodation as well.
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      Advice needed regarding Eviction

      By stu007 · Posted

      Hi Just to be clear a Notice to Quit is only the very start of the Housing Association going down the Eviction route there is a long process to go. Also to be clear if you leave at the Notice to Quit date only and go to the Council claiming you are Homeless they will more than likely class you as Intentionally Homeless therefore you have no right to be given temporary housing by the Council. The only way that works is when the Court has Granted a Possession Order then you can approach the Council as Homeless with the Court Order. As for the Housing Association issuing the Notice to Quit because there investigation has proved it's not your main residence but you have witness statement to prove otherwise. From now on with the Housing Association you need to keep a very good paper trail and ensure to get free proof of posting from the post office with anything you send to them. You now need to make a Formal Complaint to the Housing Association and please amend the following to suit your needs:   Dear Sir/Madam FORMAL COMPLAINT Reference: Notice to Quit Letter Dated XX/XX/2024, Hand Delivered on XX/XX/2024 I note in your letter that you stated that the Housing Association has carried out an investigation into myself and came to the conclusion that I am not using this property as my main residence and have evidence of this and have therefore issued a 'Notice to Quit' by XX/XX/2024. I find the above actions absolutely disgraceful action by the Housing Association. 1. Why have I never been informed nor asked about this matter by my Housing Officer. 2. Why have I never been given the opportunity to defend myself before the Housing Association out of the blue Hand Delivered a Notice to Quit Letter. 3. I have evidence and witnesses/statements that prove this is my Main Residence and more than willing provide this to both the Housing Association and the Court. I now require the following: 1. Copy of your Complaints Policy (not the leaflet) 2. Copy of your Customer Care Charter (not the leaflet) 3. Copies of your Investigation into this not being my main residence.    As well as the above you need to send the Housing Association urgently a Subject Access Request (SAR) requesting 'ALL DATA' that simple phrase covers whatever format they hold that in whether it be letters, email, recorded calls etc. The Housing Association then has 30 calendar days to respond but that time limit only starts once they acknowledge your SAR Request. If they fail to respond within that time limit its then off with a complaint to the Information Commissioners Office (ICO).     
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      Eviction Time Again - Twice In 7 Months

      By stu007 · Posted

      Hi Sorry for the delay in getting back to you The email excuse and I do say excuse to add to your account and if court decide LL can't recoup costs will be removed is a joke. So I would Ask them: Ask them to provide you with the exact terms within your Tenancy Agreement that allows them to add these Court Fees to your Account before it has been decided in Court by a Judge. Until the above is answered you require these Court Fees to be removed from your Account (Note: I will all be down to your Tenancy Agreement so have a good look through it to see what if any fees they can add to your account in these circumstances)
    • Debt_Collector
      Summons to court for a S87 (1) offence

      By Debt_Collector · Posted

      Thank you for your responses. As requested, some more detail. Please forgive, I'm writing this on my phone which always makes for less than perfect grammar. My Dad tries but English not his 1st language, i'm born and bred in England, a qualified accountant and i often help him with his admin. On this occasion I helped my dad put in his renewal driving licence application around 6 weeks before expiry and with it the disclosure of his sleep apnoea. Once the licence expired I told him to get in touch with his GP, because the DVLA were offering only radio silence at that time (excuses of backlogs When I called to chase up). The GP charged £30 for an opinion letter on his ability to drive based on his medical history- at the time I didn't take a copy of the letter, but I am hoping this will be key evidence that we can rely on as to why s88 applies because in the GP opinion they saw no reason he couldn't drive i need to see the letter again as im going only on memory- we forwarded the letter in a chase up / complaint to the DVLA.  In December, everything went quiet RE the sleep apnoea (i presume his GP had given assurance) but the DVLA noticed there had been a 2nd medical issue in the past, when my father suffered a one off mini stroke 3 years prior. That condition had long been resolved via an operation (on his brain of all places, it was a scary time, but he came through unscathed) and he's never had an issue since. We were able to respond to that query very promptly (within the 14 days) and the next communication was the licence being granted 2 months later. DVLA have been very slow in responding every step of the way.  I realise by not disclosing the mini stroke at the time, and again on renewal (had I known I'd have encouraged it) he was potentially committing an offence, however that is not relevant to the current charge being levied, which is that he was unable to rely on s88 because of a current medical issue (not one that had been resolved). I could be wrong, I'm not a legal expert! The letter is a summons I believe because its a speeding offence (59 in a temp roadworks 50 limit on the A1, ironically whist driving up to visit me). We pleaded guilty to the speeding but not guilty to the s87.  DVLA always confirmed to me on the phone that the licence had not been revoked and that he "May" be able to continue to drive. They also confirmed in writing, but the letter explains the DVLA offer no opinion on the matter and that its up to the driver to seek legal advice. I'll take the advice to contact DVLA medical group. I'm going to contact the GP to make sure they received the SAR request for data, and make it clear we need to see a copy of the opinion letter. In terms of whether to continue to fight this, or to continue with the defence, do we have any idea of the potential consequences of either option? Thanks all

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Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times.

Parking Tickets

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Guest Mumofthreeboys

Guest Mumofthreeboys

Posted
Posted

Would any kindly souls take pity on me and help me out with this one????? I need to write a letter to Crichtons re the following and if poss would like to throw in some legal jargon and quote some Acts........

 

This is cutting a long story short (if you want to see the full thread its called Bus Lane Fines), but anyway DH got 2 fines for driving through a bus lane. The fines have escalated and now been passed on to Crichtons who are a DCA. I've sent them a DPA letter to which they have replied, but their records are incorrect.

 

They state they made a visit in April, we didn't know anything about it until we received the DPA information - no card through the door, nothing.

 

Anyway they have added £230 for van + porter + bailiff and 2 x £50 for bailiff visits even though they 'attended' the same address.

 

If I ask them for proof they visited, they could fake a letter straighaway couldn't they????

 

They did visit in May (which is the next entry on the DPA info), so it looks to me as if they have entered it on the wrong date - should have been the entry above, which was April. But again, there was no proof they had come with a van and the note they put through the door was not in an envelope, which I have heard it should be.

 

Does anyone know where this leaves me? All comments gratefully received. :???:

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Movingon

Movingon

Posted
Posted

Mumof3 - here we go:

 

The DCA do not have the right to charge YOU fees if they are collecting a debt on behalf of a client. They should charge their client for these services, not you. If your hubby is contesting the fines then he should do so with the issuing authority, not with the DCA: but he should write to the DCA informing them that the matter is in dispute and therefore no further correspondence from them will be entered into until the dispute is resolved.

 

Remember that a fine (under the Bill of Rights Act 1689) can only be issued by a Court of Law.

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Guest Mumofthreeboys

Guest Mumofthreeboys

Posted
Posted
Mumof3 - here we go:

 

The DCA do not have the right to charge YOU fees if they are collecting a debt on behalf of a client. They should charge their client for these services, not you. If your hubby is contesting the fines then he should do so with the issuing authority, not with the DCA: but he should write to the DCA informing them that the matter is in dispute and therefore no further correspondence from them will be entered into until the dispute is resolved.

 

Remember that a fine (under the Bill of Rights Act 1689) can only be issued by a Court of Law.

 

Thank you StoneLaughter, this is very helpful. I checked out your website this morning too, your garden looks lovely :D .

 

DH isn't contesting the fines, because he did go through the bus lanes and we have photographic evidence (and these fines are now really old btw) he had 'bury your head syndrome' I'm afraid!

 

Sorry if I'm being a bit slow, but do you think I should check that the fines were isued through a Court of Law then and ask for proof?

 

Incidentally, when the bailiff called in May and did leave notice he'd been, rather than the previous time, we called immediately and were told that it had gone on for too long now and the only acceptable route would be to send postdated cheques up to September!!

 

What do you think?

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Movingon

Movingon

Posted
Posted

He's bullying you lol. Ignore him.

 

Firstly, obviously you were banged to rights with the bus lane thing. I guess the next question is, "Is a bus lane violation an offence?". If it's an offence then you can rest assured it's been to court, and he should pay the fines only, and as quickly as possible. If however, like a parking charge, it's simply a "contravention", then it can be challenged via the Bill of Rights as the courts are not involved.

 

 

If he has to pay the fines, something like this letter should accompany his payment by cheque:

 

 

Dear Sir

 

I refer to your correspondence regarding fines in relation to my bus lane offences on xx/xx/xx and xx/xx/xx. I enclose a cheque for £xxx as payment for the fines only. I can confirm that I am not responsible for your fees in this matter, and you should invoice your client in respect of charging for your services.

 

Thank you

 

Yours faithfully

 

 

note my sig however; this is my opinion and you should undertake further research or wait for other opinions prior to acting on it...

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Guest Mumofthreeboys

Guest Mumofthreeboys

Posted
Posted

Stoney, loving the way you think??

 

But what about the cheques I've sent them, do you think I should cancel them bearing in mind that because he buried his head the fines escalated considerably before they even got to the DCA?

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  • 3 weeks later...
bs0lth

bs0lth

Posted
Posted

[quote=

They state they made a visit in April, we didn't know anything about it until we received the DPA information - no card through the door, nothing.

 

Anyway they have added £230 for van + porter + bailiff and 2 x £50 for bailiff visits even though they 'attended' the same address.

 

If I ask them for proof they visited, they could fake a letter straighaway couldn't they????:

 

Ive had similar problems with Jacobs cert baliffs... this was for a parking ticket that got out of control. However, I found a lot of help from Chrismc and his philips bailiffs thread. I used a similar letter to Chris's and sent it to jacobs. Basically if they are certified bailiffs they have certain rules and charges they have to adhere to... they were trying to charge me for two visits, I sent a letter asking about the charges, and asked them to provide me with copies of all the documentation they are supposed to leave after a visit. i also sent them a cheque for the original amount. they came back and said they couldnt provide me with copies of the documentation that was "left" during my visit... and that the matter would be closed on the clearance of my cheque...

 

it might be worth you looking at chris's thread, there is a lot of information there that could help you, or at least give you a starting point to stop the charges and stop them adding more.

 

hope this is of some help

 

Lynne

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bartonski

bartonski

Posted
Posted

hi guys makes for interesting reading being someone who is plagued by trafic wardens. my street in wandsworth is a bit of a miss match of residents parking bays and yellow lines. the line outside my front door is short, about the lenght of a car, has residents parking bays on each end with now t bar showing. further down the street there are parking bays painted over yellow lines with faded disabled signs above them. Anyway, my question...without the t bar, is the ticket enforcable?

thanks, rob

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chrismc

chrismc

Posted
Posted
hi guys makes for interesting reading being someone who is plagued by trafic wardens. my street in wandsworth is a bit of a miss match of residents parking bays and yellow lines. the line outside my front door is short, about the lenght of a car, has residents parking bays on each end with now t bar showing. further down the street there are parking bays painted over yellow lines with faded disabled signs above them. Anyway, my question...without the t bar, is the ticket enforcable?

thanks, rob

 

Sounds to me Bartonski that no tickets issued on your street would be enforceable due to the mish mash of lines and none lines etc, certainly without a complete line and T bar it would not be. I am fairly positive of this..but some of the Parking Ticket hunters will let you know for sure!!

Chrismc v Vertex Data Science Ltd

SD Set Aside WON + Costs

 

 

Chrismc v Barclays

Won - Settlement Agreed at 11th Hour.

 

Philips Bailiffs

Lost - Judge changed at last minute, it didn't help!

 

G-MAC Early Redemption Charges Waived

Won - Early Redemtion Fees Waived in Full.

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bartonski

bartonski

Posted
Posted

i need to pick your brains one more time...... at the moment i have three outstanding fines totaling 350. I rang the council to tell them that i just couldnt pay. They said i should write a letter saying exactly this...im not sure where this will lead. just got myself out of dept, payed off my loans so i really dont want to have this hanging over my head. Im thinking of asking them to drop the harges...not sure if it will work. If Anybody has an idea of how to word this letter to maximise its effect then id be happy to hear from you.

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bartonski

bartonski

Posted
Posted

hey thanks for the reply, sounds promissing. i was out with a ruler tonight measuring the lines. all over the place as new lines have been painted over old lines very badly. In reality its still a line but my be something according to the same strict rules they like to screw us by

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davemac28

davemac28

Posted
Posted

No, parking bays are adjudged to be placed on top of yellow lines, not as breaking them. It's the same with zebra crossings and hatch coamings and the like. You're actually meant to follow the line back to find the correct T bar. Where the line ends or joind double yellow lines or the like.

 

If theres been quite substantial relaying of the street and you find disruptions in the painting of the line, then you can consider that as a disfunctional line.

 

What you could do is ask the council for the TRO (Traffic regulation Order) for your street, because you may find that they haven't expressed restrictions on parking correctly.

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chrismc

chrismc

Posted
Posted
i need to pick your brains one more time...... at the moment i have three outstanding fines totaling 350. I rang the council to tell them that i just couldnt pay. They said i should write a letter saying exactly this...im not sure where this will lead. just got myself out of dept, payed off my loans so i really dont want to have this hanging over my head. Im thinking of asking them to drop the harges...not sure if it will work. If Anybody has an idea of how to word this letter to maximise its effect then id be happy to hear from you.

 

I think you need to post more information about the other tickets, and how they are worded etc as it may well be they are unenforceable if they are not worded correctly or dated etc etc. The wording is very important.

 

Also read all this thread there is tons of info.

Chrismc v Vertex Data Science Ltd

SD Set Aside WON + Costs

 

 

Chrismc v Barclays

Won - Settlement Agreed at 11th Hour.

 

Philips Bailiffs

Lost - Judge changed at last minute, it didn't help!

 

G-MAC Early Redemption Charges Waived

Won - Early Redemtion Fees Waived in Full.

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davemac28

davemac28

Posted
Posted

What's the fines for? Are they parking tickets, were they issued correctly, do they have the correct wording on them?

 

1st thing to check is does it have 'date of issue' on the ticket? Not just the date on the rip off slip that you send back, but on the top part of the ticket it must also say 'date of issue'.

 

Check this thread:

 

http://www.consumeractiongroup.co.uk/forum/general-consumer-issues/5232-your-parking-ticket-may.html

 

Deemacperth's quite good on that, he's fighting Westmister I think. and Seylectric was fighting one up near blackpool or something.

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bartonski

bartonski

Posted
Posted

unfortunatley its all there. two are parking tickets. both for my motorbike. one for westminster for parking in a residents bay and the other in wandsworth for parking on the yellow line outside my house. the third is for a no left turn....

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chrismc

chrismc

Posted
Posted
just been for a walk around the street. no t bars anywhere and in some areas it fades out for a few metres, broken up or tarmacked over. pretty bad state.

 

I doubt they are enforceable then....but you need to find the right way to make a complaint and refute the charges, it will be listed here somewhere of how to go about it.

Chrismc v Vertex Data Science Ltd

SD Set Aside WON + Costs

 

 

Chrismc v Barclays

Won - Settlement Agreed at 11th Hour.

 

Philips Bailiffs

Lost - Judge changed at last minute, it didn't help!

 

G-MAC Early Redemption Charges Waived

Won - Early Redemtion Fees Waived in Full.

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chrismc

chrismc

Posted
Posted
will do. quite alot to read through. will make a start sunday. thanks

 

Start Sunday and by Friday you may just have read it all :D

Chrismc v Vertex Data Science Ltd

SD Set Aside WON + Costs

 

 

Chrismc v Barclays

Won - Settlement Agreed at 11th Hour.

 

Philips Bailiffs

Lost - Judge changed at last minute, it didn't help!

 

G-MAC Early Redemption Charges Waived

Won - Early Redemtion Fees Waived in Full.

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dw190

dw190

Posted
Posted
will do thanks for the info. i did check the wording and all seems in order.

 

From what you have previously said you must also have received "Notice to Owner" or even "Charge Certificates". Many councils up and down the country have cocked up with these documents with their automated counting of dates.

 

All documentation other than the initial PCN must refer to the number of days you have from the Date of Service of the notice.

 

Also check on the Notice to Owner the part "If by ??/??/???? you have failed to pay or make representations" The inserted date must allow for them posting the doc to you. If it is exactly 28 days after the Date of Issue of the Notice it is flawed.

 

Take a look at FightBack Forums -> Parking Tickets

PUTTING IT IN WRITING & KEEPING COPIES IS A MUST FOR SUCCESS

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bartonski

bartonski

Posted
Posted

ive checked the dates and they are correct. phoned them up regarding the biggest fine. i should have paid 150 by 11/05/06. ontop of that two others totaling 350. This is alot of money for me which makes me feel like just ignoring them. im moving out of my rented accomodation soon, i dont have a uk driving licence and i dont intend to inform the DVLA of my new address untill i have sold my bike and bought a new one. I know its not the best thing to do but i think they have mte by the short and curlies. what do you think my chances are of them giving up looking for me after a while?

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dw190

dw190

Posted
Posted
ive checked the dates and they are correct. phoned them up regarding the biggest fine. i should have paid 150 by 11/05/06. ontop of that two others totaling 350. This is alot of money for me which makes me feel like just ignoring them. im moving out of my rented accomodation soon, i dont have a uk driving licence and i dont intend to inform the DVLA of my new address untill i have sold my bike and bought a new one. I know its not the best thing to do but i think they have mte by the short and curlies. what do you think my chances are of them giving up looking for me after a while?

 

By just ignoring them you will most likely end up with CCJ registered.

 

Can you scan and post the notices removing all personal identifying text.

PUTTING IT IN WRITING & KEEPING COPIES IS A MUST FOR SUCCESS

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