Charge Certificate Issues Council?

by pipsaholic Mon Dec 16, 2019 1:38 pm

Hi,

Got this charge certificate after I refused to pay a parking charge as my disabled badge was on display I have photographic evidence with a time and date stamp.

Anyway see letter. Anyone been in this situation are they empty threats or do they try to bankrupt you, freeze accounts and tow your car away?

This letter is not from the court its Stirling park who i have no contract with or don't know if they are a criminal orgnisation who are looking for money.

https://i.servimg.com/u/f82/19/66/35/54/charge13.jpg

by **LionsShare** Mon Dec 16, 2019 1:52 pm

This is IMO: yes it does as you say look like its come from a private for profit company judging by the wording.

This for me is difficult as the only experience I have with parking companies was to write back & state in such a way that "here is the evidence the parking ticket was paid", the parking company then dropped thier claim.

I am sure someone will be along to help further soon.

by pipsaholic Mon Dec 16, 2019 2:08 pm

I got told by someone who has never been taken to court, seized assests or made bankrupt in 20 years over parking tickets both council and private companies never to appeal or discuss it with them as its more amunition for them to prosecute you in court as you acknowledge you received a ticket. Its not worth their time to keep chasing you they attempt to chase you 2-3 times before moving onto some other gullible vunrable person to rob money off.

by **daveiron** Mon Dec 16, 2019 2:26 pm

This info is from Transport for london ,so you will need to to some checking for Scotland.
Also see the pdf at the bottom of that link.
Did you make any representations or just ignored everything ?
It appears it will only result in bailiff action as you have posted below.Its not even a ccj.

https://tfl.gov.uk/modes/driving/congestion-charge/penalties-and-enforcement#on-this-page-1

by pipsaholic Mon Dec 16, 2019 2:30 pm

ignored everything as advised.

So its not a CCJ so what does that mean? They could of applied for a CCJ immediately rather than giving me 14 days to pay up?

by **daveiron** Mon Dec 16, 2019 2:45 pm

Hi, What that means is it will not even go on your credit file .

Is the ticket for non payment of parking or failure to display your disabled badge ?

by pipsaholic Mon Dec 16, 2019 9:24 pm

It was for parking in an restricted area for residents only however the parking bay didnt have permit holders only while displaying a disabled badge i still got a ticket.

by **daveiron** Mon Dec 16, 2019 10:10 pm

So it looks like its only the bailiff you need to get rid of. Not being flippant, but use the disability
angle .I have had a look & they are debt collectors, who also have some sheriff officers employed,
not sure what capacity they act under in Scotland ,but as this has not been to any court ,it just
appears that the council issue their own penalties, and these people are only acting as debt collectors.
Try informing them you are vulnerable and any attempt to levy your vehicle will be in violation of your
fundamental human rights as a disabled person.
Have a dig around in the UN declaration on human rights ,the European convention on human rights .

Alternatively hide your vehicle & do not open the door to them.
See what others may come up with.

by pipsaholic Mon Dec 16, 2019 10:29 pm

Someone on another forum told me they do freeze your bank accounts until you pay and takes 3-4 weeks after payment to sort everything out.

They seemed to be filling out a lot of paperwork in their car when I didn't open the door. They also seemed chuffed i didn't answer the door only stood there for 2 mins then 15 mins in the car and off they went leaving paperwork in the letterbox.

They do offer a plan for repayment, but i didn't cause anyone harm, injury or loss and I was within the law but not their version of parlimentry law.

by **Mrblue2015** Mon Dec 16, 2019 10:44 pm

Also get this printed out and displayed by your front door. And should they turn up, film them and explicitly draw their attention to the notice. Then advise them that should they now not leave (after reading said notice) you will make a claim for the amount shown ie £4,950.

https://goodf.forumotion.com/t264-removal-of-implied-right-of-access

by **assassin** Tue Dec 17, 2019 1:59 am

https://stirlingpark.co.uk/

Private company.

by pipsaholic Tue Dec 17, 2019 2:00 am

So, is it best to ignore them? or challenge them? I prefer ignoring them as usually in time they go away. If you challenge them they use that against you in court. If it gets to court they have less written against you and you can prepare from there.

by flyingfish Tue Dec 17, 2019 1:07 pm

pipsaholic wrote:So its not a CCJ so what does that mean? They could of applied for a CCJ immediately rather than giving me 14 days to pay up?

CCJ is an English thing, not relevant in Scotland where the processes are different. A Charge for Payment is the final notice given after either Decree or a Summary Warrant have been issued and remains unpaid. It has to be served before they can do anything like seize goods or arrest bank accounts or earnings/benefits. Like Council Tax Council parking tickets get what they call "fast tracked" which to you or I basically means the court puts them through without question. So essentially the position is as if the case had been to court and found against you.

by pipsaholic Tue Dec 17, 2019 1:10 pm

So, in my instance its already been fast tracked without a trial?

by pitano1 Tue Dec 17, 2019 1:42 pm

hi.pipsaholic
thought you may find this...interesting
courtesy of the beovat brothers.
Also, I notice...no mention of V.A.T anywhere on their threatogram

http://boevat.org.uk/wp-content/uploads/2016/09/Case-Authority-WI-05257F.pdf
further reading...https://boevat.org.uk/further-reading/

by flyingfish Tue Dec 17, 2019 3:36 pm

pipsaholic wrote:So, in my instance its already been fast tracked without a trial?

Essentially yes. These matters are dealt with in an even more brutal manner than in England, I don't think there's any more to the process than the Council issuing a list of the Summary Warrants that they're after, and the Court more or less rubber stamps the application.

What correspondence did you receive prior to the Charge for Payment? I think you should have had several reminders about the ticket itself, then something advising the intention to apply to court, then something saying that the Warrant had been issued. However "should" doesn't necessarily mean "did" and it wouldn't surprise me if the Council hadn't sent everything that they should have.

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