Re: Sister-in-Laws parking ticket/Bailiff visit
Thanks for this Cet. Am a bit disappointed that they haven't complied with everything.
I'm gonna give my SIL a quick call to see if there was anything else that CCS may have sent her regarding the bits of missing info.. Otherwise we will have to draft up another letter. She only gave me what I have already posted up. I will update after I speak to her if there is anything more to post up.
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We will do this first thing Monday morning, thanks Cet x
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Originally posted by Cetelco
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Their letter does not satisfy the requirements of your Subject Access Request for a whole host of reasons.
Did your sister-in-law send them the reminder letter that I wrote at post #22?
yes,we did and the above letter was their response back and which also included a copy of the warrant, the table of fees,etc, but no copies of letters, bailiffs certificates etc
They need to do as they have been instructed, at the very least, they must comply with each and every point below. They obviously have not complied according to the SAR then
1. Computer screen notes relating to the conduct of my account
2. Computer screen notes relating to transactions that have gone through my account
3. Internal messages or notes relating to the conduct of my account
4. Internal messages or notes relating to transactions that have gone through my account
5. Recordings of any telephone conversations, whether internal or external, relating to my account
6. Copies of any e-mail's, or other electronic communications, whether internal or external, relating my account
7. Copies of letters relating to my account
8. All information relating to litigation that has taken place on my account
9. A detailed statement of account showing a breakdown of all costs charged, showing in each case the reason for the cost and the actual cost against that item
10. Copies of all reviews conducted relating to my account
11. For any cost which relates to an attendance fee, kindly state the date and precise time of the attendance and the name of the certificated bailiff making each attendance with the name of the county court where the relevant bailiff obtained his or her certificate
12. Copies of all relevant paperwork created as a result of any and all visits ever made to me along with details of the results of each visit
13. Copies of any and all documentation issued to me or left at my property after each visit was made including details of the date and precise time of the visit and the charges incurred; this must include the name of the bailiffs who attended
Furthermore, bailiffs collecting money owed for parking fines can only charge £10 for sending a letter and only if they actually send it.
They can charge for visit fees, but these can only be a reasonable cost for the visit. These cannot be more than the amounts they could charge if you had let them in and they can only charge you for the first three visits. They usually also charge for the cost of the van even though no walking possession agreement is in place. Because of this, these fees can be challenged on the basis that they are disproportionate to the original debt and also because, if there has been no entry to the premises, it is not known if you have anything which could justify the addition of such large extra expenses. It should be noted that, unless a valid, legal and signed Levy or Order for Walking Possession has already been obtained, then the Bailiffs are attending to collect money and not goods and therefore the attendance of a van is not a matter that the alleged debtor should be obliged to pay for.
The “National Standard for Enforcement Agents” issued by the Department of Constitutional Affairs has a section titled “Professionalism and conduct of the enforcement agent” which among other things states:-
“Enforcement agents will on each occasion when a visit is made to a debtor’s property which incurs a fee for the debtor, leave a notice detailing the fees charged to date, including the one for that visit, and the fees which will be incurred if further action becomes necessary. If a written request is made an itemised account of fees will be provided.”
We need to know some key pieces of information.
1) When was the Warrant of Execution issued by the Court?
2) The names of the bailiffs who attended on the dates they state they made visits along with copies of their certificates.
3) Copies of any and all documentation left at your sister-in-law's house.
4) Copies of all letters sent to your sister-in-law in relation to this alleged debt.
Thanks Cet, I may have to draft up another letter for my SIL requesting all of the missing info above. As mentioned below, I have posted up what she has already given me.
This is in addition to any of the points in the list above which was taken from the original Subject Access Request.
If CCS Enforcement Services fail to comply, they they can be sued under s.7 and s.15(2) of the Data Protection Act 1998.
Did your sister-in-law send them the reminder letter that I wrote at post #22?
yes,we did and the above letter was their response back and which also included a copy of the warrant, the table of fees,etc, but no copies of letters, bailiffs certificates etc
They need to do as they have been instructed, at the very least, they must comply with each and every point below. They obviously have not complied according to the SAR then
1. Computer screen notes relating to the conduct of my account
2. Computer screen notes relating to transactions that have gone through my account
3. Internal messages or notes relating to the conduct of my account
4. Internal messages or notes relating to transactions that have gone through my account
5. Recordings of any telephone conversations, whether internal or external, relating to my account
6. Copies of any e-mail's, or other electronic communications, whether internal or external, relating my account
7. Copies of letters relating to my account
8. All information relating to litigation that has taken place on my account
9. A detailed statement of account showing a breakdown of all costs charged, showing in each case the reason for the cost and the actual cost against that item
10. Copies of all reviews conducted relating to my account
11. For any cost which relates to an attendance fee, kindly state the date and precise time of the attendance and the name of the certificated bailiff making each attendance with the name of the county court where the relevant bailiff obtained his or her certificate
12. Copies of all relevant paperwork created as a result of any and all visits ever made to me along with details of the results of each visit
13. Copies of any and all documentation issued to me or left at my property after each visit was made including details of the date and precise time of the visit and the charges incurred; this must include the name of the bailiffs who attended
Furthermore, bailiffs collecting money owed for parking fines can only charge £10 for sending a letter and only if they actually send it.
They can charge for visit fees, but these can only be a reasonable cost for the visit. These cannot be more than the amounts they could charge if you had let them in and they can only charge you for the first three visits. They usually also charge for the cost of the van even though no walking possession agreement is in place. Because of this, these fees can be challenged on the basis that they are disproportionate to the original debt and also because, if there has been no entry to the premises, it is not known if you have anything which could justify the addition of such large extra expenses. It should be noted that, unless a valid, legal and signed Levy or Order for Walking Possession has already been obtained, then the Bailiffs are attending to collect money and not goods and therefore the attendance of a van is not a matter that the alleged debtor should be obliged to pay for.
The “National Standard for Enforcement Agents” issued by the Department of Constitutional Affairs has a section titled “Professionalism and conduct of the enforcement agent” which among other things states:-
“Enforcement agents will on each occasion when a visit is made to a debtor’s property which incurs a fee for the debtor, leave a notice detailing the fees charged to date, including the one for that visit, and the fees which will be incurred if further action becomes necessary. If a written request is made an itemised account of fees will be provided.”
We need to know some key pieces of information.
1) When was the Warrant of Execution issued by the Court?
2) The names of the bailiffs who attended on the dates they state they made visits along with copies of their certificates.
3) Copies of any and all documentation left at your sister-in-law's house.
4) Copies of all letters sent to your sister-in-law in relation to this alleged debt.
Thanks Cet, I may have to draft up another letter for my SIL requesting all of the missing info above. As mentioned below, I have posted up what she has already given me.
This is in addition to any of the points in the list above which was taken from the original Subject Access Request.
If CCS Enforcement Services fail to comply, they they can be sued under s.7 and s.15(2) of the Data Protection Act 1998.
Thanks for this Cet. Am a bit disappointed that they haven't complied with everything.
I'm gonna give my SIL a quick call to see if there was anything else that CCS may have sent her regarding the bits of missing info.. Otherwise we will have to draft up another letter. She only gave me what I have already posted up. I will update after I speak to her if there is anything more to post up.
bfxx
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Originally posted by Cetelco
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It is not impossible, but I wonder why, if the date of contravention was 28th April 2007, the Local Authority waited for over fourteen and a half months to enforce an unpaid and clearly uncontested parking ticket?
This is exactly what we were both thinking Cet, over 14 months is a long time. You also cannot contest something if you don't know what your supposed to be contesting about in the first place. For her to contest,she would need letters,court papers etc to refer to. The whole situation could of been 'knocked on the head' back in 2007 (if that makes any sense lol)
Have your sister-in-law call Northampton County Court on Monday morning (Traffic Enforcement Centre 0845 704 5007 or 01604 619450) and ask them when the warrant was applied for and issued by the court.
This is exactly what we were both thinking Cet, over 14 months is a long time. You also cannot contest something if you don't know what your supposed to be contesting about in the first place. For her to contest,she would need letters,court papers etc to refer to. The whole situation could of been 'knocked on the head' back in 2007 (if that makes any sense lol)
Have your sister-in-law call Northampton County Court on Monday morning (Traffic Enforcement Centre 0845 704 5007 or 01604 619450) and ask them when the warrant was applied for and issued by the court.
bfxx
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