withdrawal of intended right of access (implied) with a baliff

[TheCheekyMonkey]

Does anyone know if this can be done, its for a parking charge from the council (london borough of barking and dagenham)

been a fookin nightmare, even been to court and got ruled in our favour but tw@ts still coming at us.


Hi, new to the forum, thanks for any help in advance.

OK background.

4 years ago, i bought my partner a car a Daewoo matiz , after having the car for a month, i realised that it was not the right car for my partner and needed some work doing to it which i didnt feel i wanted to do, so i put the car back up for sale and sold it on to a car dealer, filling out the slip and sending the slip off with the new registrants details on etc etc .

i then proceeded to forget about it, until we received a PCN notice through the post from london borough of barking and dagenham........

and thus started this epic marathon to try to prove we didn`t own this vehicle at the time of the infraction.


i started by ringin the LBBD (london borough barking.....) who stated that according to their records it was my partner who owned the vehicle at the time and so it was her who was responsible for the fine and that i should contact DVLA to see what they say. The DVLA who initially (for about 2 months) categorically stated that my partner had never even been on record as owning the vehicle ever, let alone when the infraction was dated, eventually they came through after me complaining to there head of complaints, who wrote me a nice letter stating that it was a clerical error on there part and that there records had been amended to show me as not owning the vehicle at the time of the infraction, they even sent me a ltter explaining that:

i disposed of the vehicle on the 19th june 2008

the infraction occurred on the 24th june 2008

I then went back to london borough of barking and dagenham and explained this, sending them copys of the letters etc etc.

3 weeks later i received a letter from them, basically saying (and this is nearly 100% verbatim)

"we have looked at the evidence you have provided but feel you are still liable for the PCN............."

How they came to this conclusion i do not know, but i pursued and finally rung got through to them again but they basically said i was liable for it...

I cannot remember exactly why i ended up ringing the magistrates court as this was such a long time ago, but the woman i spoke to basically said that the best thing for me to do would be to "statutary out of time" (i think thats what it was) and she said she would send me some forms to fill in and that i could then get it reviewed by a judge / magistrate who would look at the evidence and rule on it.


This i did, and i have a letter here stating that the court found in my favour and cancelled the origina charge. I also received a letter from LBBD stating that they no longer wish to pursue the matter AT THIS TIME

I have attached the letetrs that i have, i donot have the letter from LBBD though.








I started receiving letters from JBWgroup a few months ago and have thus far ignored them, however the frequency and threats have gained and today i received one from them that they say was hand delivered.............


it states this information only (apart from there usual terms, i.e. pay now, avoid being murdered etc etc)

date: 06/02/2012 00:00

balance before todays visit : £206.44
attendance to levy fee £68.40
attendance to remove fee £210.00

total balance now due £484.84


now all this is printed, on the envelope it states hand delivered, but has nothing `wrote` on it, so if they are trying to say that they are charging an extra £278.40 as they have actually been to my premises, then surely this would of been wrote on the letter, unless they have a laser printer in there van, and also the only time stated on the letter is midnight (which they certainly didnt come).

Another thing is on my house i have 4 CCTV cameras , i left my house at 8:40am and arrived back at 11:40 am, and the only person to come on my property within this time was the postman, so they havent actually been at all.


surely this is wrong? they are lying for a start.


I have just emailed the DVLA again asking for confirmation from them and clarification on the matter.



OK so my questions are:

What do i do now? Do i contact LBBD or the debt recovery agency, i am reluctant to contact these shiesters as it may be subject bart are coming up for it, and i know if they receive correspondance then they can renew there efforts to the full.

Where do i stand?

LBBD through out this whole matter have been completely unco-operative and non plussed.


please help

OK late comeback i know, so just thought i would fill in on the situation so far.

To be fair i have fairly ignored this situation as it just annoys that i have to waste my life so much trying to get idiots to do there jobs properly, and as i explained the other day to the bailiff (more on that) i should of just paid the bloody PCN it would of been cheaper in the long run.

so countless letters coming to house in my partners name and then telephone calls and txt messages from jbw genrally harrassing, threatening and trying to instill fear in us. my partner in fairness has not replyed to any messages, nor confirmed on any voice call who she is, but its just gettign annoying now.

so the other day i was woken buy a hi vis wearing bloke at the door., i opened the door to be met by his clip board being opened and a police type card being clearly visible , im not ignorant to the ways of debt collectors and bailiffs and how they try to instill fear, but never the less i answered the door, was asked to my face "miss jennifer xxxxx? lol sorry but i had to laugh at him, my reply was "does it look like her?" (im male, short, stocky, skinhead, goatee and big tattoos) , the bailiff not being one to smile asked when she will be back, :-

me: who are you?
him : silence
me: well who are you?:
him: steve!
me: steve, from where?
him: silence.....
me: well listen mate you just knocked on my xxxxing door, who the xxx are you?
him:.......im from .....jbw.....
me: bailiifs then? or debt collector?
him: court appointed bailiff!
me: well if your a bailiff your endorsed by the ministry of justice, so show me your MOJ ID card........please
him: .......er....yeah....its hear, get asked for it all the time (yeah right, he was well shocked)
me: ok wait there......(slammed door and still had his ID card)


meantime i got my evidence, and hes now checking out my doggy signs on the door, windows and letter box, we have a lovely staffordshire bull terrier, who does her job and barks and gets a bit excited when people knock, shes a very good dog but she knows her territory.....mean while, hes taking particular interested in my "this house is guarded by a pitbull with aids....." sign

i come back to the door and start to basically tell him, jennifer is my partner, she doesnt live here, and this house and nothing in it belongs to her, her name is not on the tenancy agreement and he has no roght to be here (not sure on that but i`ll get to that)

i explained the situation to him and provided my evidence, he wasnt really interested and just said , fax it to the office and get on the LBBD and that he has to leave a note to say he has been there which i accepted, but have not signed for anything etc etc, its in my partners name who legally doesnt live hear. the paper is just adding charges etc etc, but it doesnt include a breakdown of them so thats not right for a start,

anyway he buggered off, not before saying i was "very irate" which i think is understandable, and i truly truly honestly believe that this lad, had it of been my partner , or someone else who looked like they wouldnt put up much of a fight would of answered the door he would of forced entry or got his foot in the door. Had it not been for me winding the dog up a bit ( i never said anything to him about the dog, she wasnt visible to him but he knew we had one) i reckon it could of been him trying to force entry or being very very difficult.

now i have contacted LBBD again, scanned a photocopied everything and emailed it to everyone i can think of, sent stuff off to the executives etc etc and am waiting for reply.

on another note speaking to charles who works for LBBD who is meant to sort out PCNs has been very difficult, through out this whole situation i have been as calm as can be expected, i have not abused anyone, apart from being irate i understand people have a job to do and its not there fault the system stinks. Now charles was meant to ring me back yesterday but didnt, so i rung him, he sounded really ****ed off that i did and stated that my PCN was that old the prefix was no longer used, and i should email all the evidence to him and he would sort it out.

so i did, but had to ring him today to get his last name so that i could adress the email to him, so i rung him............no answer, all day 31 phone calls to his number, not one answer.

i used my partners phone to ring immediatley after hanging up from my phone the phone was answered within 2 rings. i asked him was he avoiding me?

you could tell that from his tone he certainly was and though he said hed not had any missed called i could tell from my end his cheeks had gone read.

anyway i`m going to email the bailiffs now, not that its gonna do much good, but i will post back anyway and let you know.

on another note, can i not withdraw intended right of access to JBW group?

does anyone know?


cheers

 

[Shindig]

I wonder if rather than email and phone calls, a face to face meeting is required.

Never call the debt collection agency, always send a letter... then you have a copy and can send those copies in future correspondence. Debt collection agencies won't give up until they have the money. I had an issue with one regarding a Vermin bill...ignoring is the worst option. I got it sorted by asking for evidence how it was me who was liable, sent a copy from my bank saying there was never any rejected direct debit charges on my account and not heard anything since. Wasn't worth them pursuing the amount (75quid).

I think you need to get all the evidence from the DVLA. Get it all dated and then send the same letter to the debit agency, the council, the dvla outlining exactly the situation. You have anything to prove of the sale on the date you mention? Dates, times, amounts all important!

 

[Exos]

It's a bit late in the day due to the progress you've had, but have a read of this:

You don't have permission to view the code content. Log in or register now.

It was posted before but i keep it for "just in case" moments.

 

[Him Her]

You can post a "Withdrawal of Implied Right of Access" notice. You don't need a solicitor - you can print it yourself and simply stick it on your door, window or even a post at your property boundary.

To all that it concerns

NOTICE TO AGENT IS NOTICE TO PRINCIPAL AND NOTICE TO PRINCIPAL IS NOTICE TO AGENT APPLIES

Notice of Removal of Implied Right of Access

You are advised to read the following notice thoroughly and carefully. It is a lawful notice. It informs you. It means what it says.

I hereby give notice that the implied right of access to the property known as <put your postal address here>, and surrounding areas, has been removed, along with all associated property including, but not limited to, any private conveyance in respect of the following:

1) ANY employee, principal, agent, third party or representative or any other person acting on behalf of or under the instruction of HER MAJESTY'S COURT SERVICE, or any other CORPORATE BODY (i.e. Company) howsoever named and,

2) ANY POLICE OFFICER who is acting for the CORPORATE POLICE and NOT acting as a Constable for and on behalf of Her Majesty Queen Elizabeth II and her people as expressed in the Oath of Office of all POLICE men and women, that is as Public Servants, upon your Oath of Office to serve "with fairness, integrity, diligence and impartiality, upholding fundamental human rights and according equal respect to all people; and that I will, to the best of my power, cause the peace to be kept and preserved and prevent all offences against people and property"

COMMON LAW JURISDICTION APPLIES EXCLUSIVELY

Please also take notice that the land known as England is a Common Law jurisdiction and any transgression of this notice will be dealt with according to Common Law.

Any and all access to the above mentioned properties shall be by strict invitation only and shall be subject to terms and conditions, available by written request.

We do not have, and have never had, a contract. And any permission that you believe you may have from me is hereby withdrawn. If you believe that you have power of attorney to act on my behalf you are hereby fired, and any consent that you believe you may have, tacit or otherwise, is hereby withdrawn. If you feel so inclined as to enforce statutes as a consequence of this matter I will report your conduct to ALL relevant bodies and will pursue Proof of Claim in affidavit form, under your full commercial liability and under the penalty of perjury.

You are deemed to have been served this notice with immediate effect.

In sincerity and honour, without ill-will, frivolity, or vexation,

Without any admission of any liability whosoever, and with all Indefeasible Rights reserved.

 

[TheCheekyMonkey]

well just a quick update, basically the council are tossers and want to disregard my evidence and the fact ive already been to court and won, so after a bit of spamming various council members inboxs, including chief exec and all the complaints in the land, i today got an email saying they have quashed it, and am currently waiting on this in written form from them.


i`ll be honest, its amazing when after a while of all there bullshit, you just simply say..........prove it.............if its my car, and it was parked in contravention, give me your evidence so i can show a judge.................................and they couldnt as the evidence no longer exists...............


i know it aint over yet, but i should have paper in my hand to say so soon lol

 

[TheCheekyMonkey]

ha ha, well it appears that the evidence did exist, (only that the car was parked illegally)

so anyway after much more tooing and throwing the corporate complaints department have quashed it anyway, and i have my written evidence.

this doesnt stop a certain someone in revenue services still threatening me with bailiffs even after it has been quashed.....anyway read my letter lol



To Charles Cobbinah and Mrs Julia Atfield, Revenue Officers, Revenue Services


Thank you for your response and especially thanks for the provided information. I would just like to take this opportunity to thank you and your manager, as well as London borough of barking and Dagenham for categorically ignoring all of my requests to recheck the DVLA information and also for ignoring a magistrates decision to revoke this PCN. On behalf of all the taxpayers and myself I thank you for wasting quite a lot of my time, your time and the court and civil costs incurred for your blatant disregard to the law. At every step over the last four and a half years I have provided every piece of information asked of me by yourselves and countless bailiffs and debt collection agencies. I have been threatened on my doorstep, in front of my children and neighbours whilst in my home, I have had threatening letters posted to me continuously despite my pleas that miss OMIITED no longer lives here. My telephone has been sent malicious text messages and had threatening phone calls made to it, despite my name being on the contract and proof being offered of this and being ignored. My mother who is elderly and who uses that phone often rings me up complaining that the phone number has been rung by people threatening her, namely your subcontractors JBW group and other representatives. I have CCTV footage and voice call recordings of this behaviour all of which show bailiffs incurring illegal fees on your behalf. I am fully aware of the charges , legally that a bailiff can charge and as this agency is under contract from you to collect said charges you are responsible for their actions and conduct. I would further like to take this opportunity to say that in no way will I be contacting the bailiff in question neither verbally, or by post or any other means, YOU and your department are responsible for their continued harassment of myself. I categorically state now and for the final time that miss OMIITED no longer lives at this address, I have no knowledge of her where abouts or contact number or any other form of contact for her. My name, Mr. OMIITED is the only person's name on the tenancy agreement and also on the electoral role at this address, which is yet another identification system that you refuse to recheck to clarify this.

What you are doing is akin to Malicious Prosecution, which is a civil tort, and Contempt of Court, which is a criminal offence. London Borough of Barking and Dagenham have been told of their blundering and the court had ordered them to stop action on the PCN but you have continued regardless. I may well have cause of action against London Borough of Barking and Dagenham and JBW under Section 3, Protection from Harassment Act 1997, citing the Ferguson v British gas trading limited case law (get your legal team to check it please).

Further to this I am currently instigating a full complaint to the office of fair trade (OFT) the details of which you will be made aware of very soon and I fully intend to take full advantage of London Borough of Barking and Dagenham`s complaints procedure and direct this to yourself Charles Cobbinah and your manager Mrs Julia Attfield as I feel that you, your manager and the entire system has let me down.
At this point Charles I would like to draw your attention to the document that I have attached to this email, it is from your corporate complaints department who have seen sense and cancelled the PCN and have taken the time to apologise for the distress caused. I would further like to point out that this PCN was cancelled yesterday on the 10-10 -2012 and that today 11-10-2012, you personally have emailed me informing me that and I quote " The offer we made to you was a gesture of goodwill which you promptly declined; the offer has been withdrawn and we have therefore instructed the bailiffs to ensue with executing the warrant." Which warrant? I have never been given, sent nor emailed a copy of a warrant. Would it be right to think a warrant is a legal document written and signed by a magistrate of the court? in which case I further request a copy of this document to be sent to me or are you now trying instil fear into me? I think that this underlines the ridiculousness of this entire situation. Needless to say I will be taking this as far as I can to get a full and frank written apology from you, your manager and the chief executive of London Borough of Barking and Dagenham without exception and call for disciplinary action to be taken against those that have decided to conduct this crusade of persecution against me and my address even though many times you have been shown evidence making the PCN null and void.

I feel that you are now making this a personal financial punishment on myself, my address and my ex-partner, just because a clerical error was made DOES NOT give you the right to disregard all evidence shown to you, a magistrates legal decision and now the action of your corporate complaints department. There is and always has been an extremely simple, low impact and low cost solution to this entire debacle and that is this. If you and your department had simply rechecked the DVLA database 4 years ago you would of found the correct owner of the car at the time of the infraction. If you would of taken the time to recheck the status of this PCN yesterday you would of seen that it has been cancelled by a higher authority. Not only does this show incompetence Charles but your manager has endorsed this also, which only shows that the stupidly and laziness of the people working in your department is very well established. Yours might be down to bad or lack of training, but your managers actions just shows incompetence and a distinct lack of responsibility for the actions of your those who you represent. I will also be making a full and complete complaint on the actions of your subcontractors namely JBW group and writing to the CEO Jamie Waller who I'm sure will ignore my letter, but hopefully, if he has the ability to read he will see that it will be wrote in tandem with a letter from the ministry of justice.

I would also like to state that I officially remove any implied right of access to my property to anyone from London Borough of Barking and Dagenham and or any subcontractors working on their behalf, anymore visits on my property will be treated as trespass and dealt with accordingly. If a bailiff wishes to visit my property regarding this now cancelled PCN notification it will be treated as harassment and it will be documented in full on CCTV.

Many thanks for taking the time to read this Charles although I am actually dubious as to whether you will read it in its entirety as you and your department seem too lazy to bother doing much reading or investigating unless it just involves hitting the `bailiff button' taking all mental work out of the action and passing it on to people who are even more inept at dealing with anything within the remits of the law and there abilities, as this situation has highlighted.

Please rest assured I am in contact with the DVLA requesting copies and logs of my communications with them as well as up to date letters indicating the change of ownership with the relevant dates.

This whole scenario smacks of punishment for a clerical error made not by myself but by another party.

Yours sincerely
the legal occupier
OMITTED

 

[CaptainCretin]

Have you sent this yet?? There are a couple of mistakes in composition -

the actions of your those who

for example.

Personally I would already be suing them for expenses incurred, including your time at a suitable rate (£150 per hour??), the harassment, mental torture, etc.

 

[TheCheekyMonkey]

Have you sent this yet?? There are a couple of mistakes in composition - for example.

Personally I would already be suing them for expenses incurred, including your time at a suitable rate (£150 per hour??), the harassment, mental torture, etc.

Yeah already sent it, however i have sent another version thats been looked over by a solicitor and amended on my behalf, much more formal, i just thought i would post mine here as its a bit mroe humerous



cheers

and suing, i may just do that yeat, or at least ask for compensation, but will see what the bitch julie atfield has to say....

cheers