Understanding PRESENTMENTS-Council letters/demands/PCNs/etc

[judgedredd]

A Stat demand? No I haven't. But I have thought of waiting till one of the CEO's goes on holiday and taking over his/her house Two houses with a third on the way if Marston's is dumb enough to go ahead.

If you know how to do a statutory demand, would you like to post a template so that I can have a look?

Thanks.

[Offthegrid]

Well guys,and gals I have to say thank you for this post, its been very worthwhile reading, and actually reading it as it progresses makes it all much easier to understand(for me anyway) than trying to read through all the law and statute stuff out there.
So nice one people,brilliant post.
otg

[judgedredd]

Small update ...

First though, one of the posts on page 1 of this thread was updated. Its the 6th from the bottom of that page and is after the fee schedule verbiage.

Next, Marston's have not been around and they have not sent any more letters. So no new invoice package has gone out to them. Which is where one step with Newlyns was missed out. The invoice went out to Newlyns because they hand posted a formal notice through the letter box which is where they agreed to contract with me after I sent them a letter and fee schedule telling them what I would do if they pursued this matter.

So Marstons has been smart and has not done that. I wonder what they are going to do? Can't really do much in my mind. Just to make sure I have a notice on the front door (Notice of removal of Implied Right of access) that denies them any presumed access to the property.

Here is a link to a zipfile that has this and other files for you to use. Usual disclaimers apply.
http://matrixfiles.com/Legal-Notices-kit.zip

[judgedredd]

Would anyone like to have a step-by-step process to follow so they can use it too?

[wffolkes]

Hi judgedredd

Hope you are well, thanks for your updates so far and your effort with regards to posting letters. I hope this thread helps others as well as myself.

TFL sent another letter a Order for recovery of unpaid penalty charge to which I replied with the origional letters so we will wait an see if they hand it over to the baliffs.

My mother has started to take notice that my ramblings are not just random but have knowledge behind them.

Thnaks again an I shall keep you up to date.

[judgedredd]

Hi wffolkes,

Thanks for the update at your end.

You know what I would have done? If memory serves me right you said that you drove into London with a smart car which is exempt from the congestion charge.

Well, I would have photocopied their rules where it says this, highlighted the relevant section, photocopied my V5C, drawn a ring around my number plate number (which would have matched the number on the ticket) as well as the make of the 'vehicle', even included a picture of the car (with number plate showing), and then included an adapted (to your situation) 'To Whom It May Concern' letter, (the one which says that if you do this then I will do that etc .... ) with a fee schedule etc. In fact you could still do this I think. I would also get the copy of the V5C sworn to by a commissioner of oaths (£5) saying its a copy of the original. Then you have evidence in spades of their intent to defraud you if you ever have to go to court, or if you ever have to collect on the invoices which will probably end up being sent out.

[wffolkes]

Hey Judge

Keeping you updated, i've now been sent a balif letter demading collection, I am about to send the letter to them that you posted.

I'm not going to send anything else to TFL.

Ill let you know how it goes.

[judgedredd]

Hi Wffolkes,

Yes. That is the only thing I would do too.

The saga is still ongoing here. We received a demand letter as well last Thursday (11 January 2012) and today an invoice is going out to them for £410,500 per the fee schedule. It knocked out the previous bailiffs, although we are making sure that we follow through with statements on how much they owe us. (Those statements have that single line stating that if they have a problem with the amount to contact us within 30 days.)

As long as they cannot provide you with an official document from the courts with a court seal, court clerk signature, walking possession order number, etc, then they have no legal standing to do anything.

Also, make sure that you put a notice inside your car. Up the amount to £20,000 on the notice in the event that the car is towed and that they agree to pay this if they do that.

That is what I need to do next too.

[MultiMaddo85]

There's nothing honourable about how that system operates at all - it's completely unreasonable and dishonourable.

Ignoring them is the best way, it might depend on the amount as this one was only £46, but I owed £46 to a mobile phone company and I just ignored them, I got threats, it went to 2 different DCA's who threatened court action and bailiffs and said I could end up owing £150 or more, but I just kept ignoring every letter, eventually they went away and I've heard nothing for over a year now.

But I have thought of waiting till one of the CEO's goes on holiday and taking over his/her house

Careful, you would be arrested and charged for this for sure

I don't want to sound negative, and I don't want to say it won't work or why, I'll just say this, look up Vexatious Litigant and you'll find out what will happen if you challenge the Gov/Council/Courts, a utility bill and dispute with a DCA might be different but take on the Council over Council Tax or the Government for any reason this is what will happen/what they will label you as http://en.wikipedia.org/wiki/Vexatious_litigation

Good luck anyway judgedredd

[judgedredd]

Hi MultiMaddo85,

Yes, dealing with 'their' system is liable to get anyone into trouble.

I don't think I will ever 'collect' on anything, but it's nice to know that I can give as good as I get. I am still learning in this area and one day I hope to get some sort of payback whenever that will be.

Yes, they label anyone who does not 'conform' to their rules, bloody criminals that they are.