problems that PPCS face

[lamma]

below text not formatting -apologies. will try to fix with but leave it all in for now. lamma i would be happy to email this to one of the trusted regulars so that it may get posted in readable formatted text. some glitch stopping me... This is not a definitive list - I just threw this together quickly. There is a lot of relevant legislation and I have never yet seen a set of PPC paper that conforms to the law. Anyone facing the very very rare instances of getting real court papers may want to consider the following text when examining all the paper received from the PPC. A 'proper defense' can be created without reference to these statutes but why not show clearly and unequivocally just how off-colour the activities of the PPC are. Enjoy the following. Mods by all means make it a sticky if you deem it. ------------------------------------------------- The Enterprise Act 2002 (Supply of Services) Order 2003 from The Enterprise Act 2002 (Supply of Services) Order 2003 "Permitting or making arrangements to permit the use of land 2. - (1) For the purposes of Parts 3, 4 and 8 of the Enterprise Act 2002, "the supply of services" includes: (a) permitting or making arrangements to permit a person to put or keep on land a caravan (within the meaning of Part I of the Caravan Sites and Control of Development Act 1960[2]) other than arrangements by virtue of which the person may occupy the caravan as his only or main residence; (b) permitting or making arrangements to permit a person to park a motor vehicle (within the meaning of the Road Traffic Act 1988[3]) on a place other than a highway, or in Scotland on a place other than a road (within the meaning of the Roads (Scotland) Act 1984[4])." and from Enterprise Act 2002 (c. 40) Domestic infringements (1) In this Part a domestic infringement is an act or omission which— (a) is done or made by a person in the course of a business, (b) falls within subsection (2), and © harms the collective interests of consumers in the United Kingdom. (2) An act or omission falls within this subsection if it is of a description specified by the Secretary of State by order and consists of any of the following— (a) a contravention of an enactment which imposes a duty, prohibition or restriction enforceable by criminal proceedings; (b) an act done or omission made in breach of contract; © an act done or omission made in breach of a non-contractual duty owed to a person by virtue of an enactment or rule of law and enforceable by civil proceedings; (d) an act or omission in respect of which an enactment provides for a remedy or sanction enforceable by civil proceedings; (e) an act done or omission made by a person supplying or seeking to supply goods or services as a result of which an agreement or security relating to the supply is void or unenforceable to any extent; (f) "an act or omission by which a person supplying or seeking to supply goods or services purports or attempts to exercise a right or remedy relating to the supply in circumstances where the exercise of the right or remedy is restricted or excluded under or by virtue of an enactment;" (g) an act or omission by which a person supplying or seeking to supply goods or services purports or attempts to avoid (to any extent) liability relating to the supply in circumstances where such avoidance is restricted or prevented under an enactment. ------------------- from Enforcement Orders - BERR Enforcement Orders Under Part 8 of the Enterprise Act, the Office of Fair Trading (OFT), Trading Standards Authorities, sectoral regulators and other designated enforcement bodies, can apply to the courts to stop traders infringing a wide range of consumer protection legislation where those infringements harm the "collective interests of consumers". Part 8 of the Enterprise Act replaced Part III of the Fair Trading Act 1973 and the Stop Now Orders (EC Directive) Regulations 2001. It also extended the scope of the Stop Now Order enforcement regime to include a wider range of domestic consumer protection legislation. These orders are known as Enforcement Orders, breach of an Order is a contempt of court and could incur a fine or imprisonment. Enforcers can also use Enforcement Orders to clamp down on traders who fail to carry out a service with reasonable care and skill. The Office of Fair Trading is responsible for co-ordinating enforcement action under the Regulations. Further information on the role and responsibilities of the OFT is available on the OFT web site. Who can use Part 8 powers? Under Part 8 of the Act three types of enforcers are identified: (i) General Enforcers. In addition to the OFT, the Trading Standards Service in Great Britain and Department of Enterprise, Trade and Investment (DETI) in Northern Ireland are specified in Part 8 as having the power to act as general enforcers. (ii) Designated Enforcers. A designated enforcer is any public or private body in the UK which the Secretary of State designates in a Statutory Instrument, having identified the person or body has the protection of the collective interests of consumers as one of its purposes. The Secretary of State has designated the following bodies as Part 8 enforcers by a Statutory Instrument: • The Civil Aviation Authority • The Director General of Electricity Supply for NI • The Director General of Gas for Northern Ireland • Ofcom • The Water Services Regulation Authority • The Gas and Electricity Markets Authority • The Information Commissioner • The Office of Rail Regulation • The Financial Services Authority • Consumers' Association (Which?) A public body will only be granted designated enforcement powers if it is independent. By granting a public body designated enforcement powers, it is deemed that the body is conclusively identified as a public body for the purposes of Part 8. A private organisation may be designated as an enforcer only if it fulfils the criteria specified by the Secretary of State in a Statutory Instrument. (iii) Community Enforcers. Community enforcers are entities from other EEA states that are listed in the Official Journal of the European Communities. These enforcers may apply for injunctions in other member states. ------------------------------------------ for free car PPC car parks. "If a trader offers to supply goods or services completely free of any charge or other obligation, there is no contract at all." from Trading Standards Central - Business Guidance Leaflet and from Trading Standards Central - Business Guidance Leaflet couriously enough -------------------------------- Misrepresentation Act 1967 A misrepresentation is a false statement of fact made by a party or his/her agent, which is intended to and does induce another party to enter into a contract. Dependent upon whether the misrepresentation was made fraudulently, negligently or innocently, the party who has relied on the misrepresentation will be entitled to a remedy which may include rescission, refund and/or compensation. ---------------------------------- (see Trading Standards Central - Business Guidance Leaflet On 1st January 2007, new legislation - The Companies (Registrar, Languages and Trading Disclosures) Regulations 2006 ( S.I. 2006 No.3429) - came into force, which amended the Companies Act 1985 and, amongst other things, applied new rules to business stationery. A company must now state its name in legible lettering on the following business stationery, whether in hard copy, electronic or other form: All the company's business letters or order forms. All its notices and other official publications. All bills of exchange, promissory notes, endorsements, cheques and orders for money or goods purporting to be signed by, or on behalf of, the company. All its bills of parcels, invoices, receipts and letters of credit. All its websites. You will need to show, in legible lettering, on all business letters, order forms and any of the company's websites : your place of registration; your registered number; your registered office address; and, if it is being wound up, that fact. ---------------------------- Unfair Contract Terms Act 1977 see John Antell barrister "11. The "reasonableness" test (5) It is for those claiming that a contract term or notice satisfies the requirement of reasonableness to show that it does." ----------------------------- The Unfair Terms in Consumer Contracts Regulations 1999 (And this is the one also sinks them - nrealy all PPC tickets have no contract basis and for those rare ones that do it turns put the charges are unfair and deemed penalties - hence unenforceable.) These Regulations, which only apply to consumer contracts, say that a consumer is not bound by a standard term in a contract with a trader if that term is unfair. Examples of unfair terms would include the following: Penalty clauses which allow the trader to claim more than their actual losses when a consumer breaches the contract. Terms which are unclear or unintelligible. Terms which exclude liability for breach of contract. Terms which deny the consumer their statutory rights if they do not comply with formalities as to the time or manner of making the claim (e.g. making a complaint in writing by recorded delivery). Giving the trader the right of final decision in a dispute ------------------------------- Malicious Communications Act 1988. ---------------------------------- 1.Protection from Harassment Act 1997, Chapter 40, 1. - (1), (a), (b). a)Protection from Harassment Act 1997 b)Prohibition of harassment. 1. - (1) A person must not pursue a course of conduct- (a) which amounts to harassment of another, and (b) which he knows or ought to know amounts to harassment of the other. (2) For the purposes of this section, the person whose course of conduct is in question ought to know that it amounts to harassment of another if a reasonable person in possession of the same information would think the course of conduct amounted to harassment of the other. 2. - (1) A person who pursues a course of conduct in breach of section 1 is guilty of an offence. (2) A person guilty of an offence under this section is liable on summary conviction to imprisonment for a term not exceeding six months, or a fine not exceeding level 5 on the standard scale, or both. (3) In section 24(2) of the Police and Criminal Evidence Act 1984 (arrestable offences), after paragraph (m) there is inserted- "(n) an offence under section 2 of the Protection from Harassment Act 1997 (harassment).". 2.The Fraud Act 2006 (section 2) a)Fraud Act 2006 b)Fraud by false representation (1) A person is in breach of this section if he- (a) dishonestly makes a false representation, and (b) intends, by making the representation- (i) to make a gain for himself or another, or (ii) to cause loss to another or to expose another to a risk of loss. (2) A representation is false if- (a) it is untrue or misleading, and -------------------------------- A little-known piece of law: Companies Act 1985, s. 458: If any business of a company is carried on with intent to defraud creditors of the company or creditors of any other person, or for any fraudulent purpose, every person who was knowingly a party to the carrying on of the business in that manner is liable to imprisonment or a fine, or both.This applies whether or not the company has been, or is in the course of being, wound up. So, if they know they won't be able to pay their debts but carry on trading they face up to seven years in prison. --------------------------------------------- also Under the provisions of section 4(2) of the Business Names Act 1985 I require you to provide me with the following information: If you are trading as a partnership, the names of each partner; If you are trading as an individual, your name; If you are trading as a company, the full name of that company, as registered at Companies House; If you are trading as a limited liability partnership, the names of each member and the corporate name of the partnership In relation to each name (whether person, company or partnership), an address in Great Britiain at which service of documents will be effective. Please note that failure or refusal to provide the required informtion is an offence for which you can be fined. ----- which leads to ( from Trading Standards Central - Business Guidance Leaflet Business guidance leaflet Business Names The current position with the law that governs the use of business names allows the Secretary of State control over the name you choose for your business and regulates disclosure of business ownership - in other words, what and how you must tell others about the ownership of the business. It must be noted that, whilst the Business Names Act of 1985 still currently applies to the above and the following, Schedule 16 of the Companies Act of 2006 contains provision to repeal the Business Names Act. It is expected that the Business Names Act will eventually be repealed in its entirety when Schedule 16 comes into force. This is currently expected to be October 2008, at which time (or earlier, if needed) further guidance will be provided. The law currently applies to: a company which trades under a name that is not its corporate name; a partnership which does not trade under the names of all the partners; an individual who trades under a name other than that person's surname, with or without his or her first names or initials. If you trade under your own name, e.g. John Smith trading as J Smith, you are not covered by the provisions of the Act, but if you add any words other than your initials or forenames, e.g. John Smith trading as Smith's Autos, you are covered. If the Act applies to you (see above), you must comply with all the disclosure requirements. You will need to disclose (as appropriate): the corporate name; the name of each partner, or the individual's name, and in relation to each person named, an address in Great Britain at which documents can be served. You must display the information in a prominent position so that it can be read easily, in all the places where you carry out your business and where you deal with customers or suppliers. When The Business Names Act of 1985 is repealed, and when Sections 1200 and 1206 of the Companies Act 2006 come into force, the requirements will apply only to individuals and partnerships. Again further guidance will be provided at that time. On 1st January 2007, new legislation - The Companies (Registrar, Languages and Trading Disclosures) Regulations 2006 ( S.I. 2006 No.3429) - came into force, which amended the Companies Act 1985 and, amongst other things, applied new rules to business stationery. A company must now state its name in legible lettering on the following business stationery, whether in hard copy, electronic or other form: All the company's business letters or order forms. All its notices and other official publications. All bills of exchange, promissory notes, endorsements, cheques and orders for money or goods purporting to be signed by, or on behalf of, the company. All its bills of parcels, invoices, receipts and letters of credit. All its websites. You will need to show, in legible lettering, on all business letters, order forms and any of the company's websites : your place of registration; your registered number; your registered office address; and, if it is being wound up, that fact. Whenever an email is used where its paper equivalent would be caught by the stationery requirements, the email would also be subject to the same requirements. The same requirements are also applicable to Limited Liability Partnerships. Please note If the business has more than twenty partners, you need not put all the partners' names on your business documents. However, you must give the address of the principal place of business, and state that a full list of the partners' names and addresses can be inspected there. Please note that companies are required to display additional information on their business documentation. Further details can be obtained by contacting Companies House either by telephone (0870 33 33 636) or by visiting the Companies House website. Also applicable to any business that trades through advertisements, or online, are the provisions of the Consumer Protection (Distance Selling) Regulations 2000 (as amended). These Regulations require a supplier to provide a prospective buyer with details about themselves. Before a consumer concludes an online transaction, or responds to an advert, etc, the supplier must provide details of the postal address of their business, so that a consumer may address complaints in a durable written format. The Electronic Commerce (EC Directive) Regulations 2002 also require a business providing an information society service (which can be the marketing or selling of services to consumers and other businesses, online, by interactive T.V. or by phone texting) to provide the following information: The full name of the business. The geographical address at which the business is established. Contact details, including an email address. Details of any publicly accessible trade or similar register on which the business is registered. This must include the name of the register, any registration number or other means of identification used in the register. If the business is subjected to any authorisation scheme, details of the relevant supervisory authority. If the business is a member of a regulated profession, details of the professional body, any professional titles held, details of any other European Member States in which the titles may have been granted, and a reference to the professional rules to which the member is subjected and details of how they can be accessed. If the business is VAT registered, the VAT number. This leaflet is not an authoritative interpretation of the law and is intended only for guidance. For further information, please contact your local Trading Standards Service. Last reviewed/updated: April 2007 Copyright 2008 itsa Ltd on behalf of the Trading Standards Institute This leaflet is relevant for the following nations only: England Scotland Wales Northern Ireland Also (now) The Consumer Protection from Unfair Trading Regulations 2008 see section 7 The Consumer Protection from Unfair Trading Regulations 2008 No.

Edited October 10, 2008 by lamma

[legaladviser99]

I think the above just shows the potential downfalls of the internet.

The above has clearly been cut & pasted from various sources, the poster not knowing or understanding the relevance of it yet is trying to pass it off as some example of knowledge.

No disrespect to lamma, but the above is awful and of a very amateur level.

[dinate]

I take it you work somewhere in the legal profession then legaladviser99?

[legaladviser99]

I do dinate.I work for a company that deals with advanced debts and litigation against debtors.Advanced debts mean ones that have a dispute which needs resolving (as opposed to standard debt collection letters)

[dinate]

So what you are saying is standard debt collection letters dont need to be resolved?

[legaladviser99]

If I wanted to say that I would have.

Debts are not always simple, some are complicated whereas some are fairly straight forward, for the straight forward ones x owes y £100 and they pay it in instalments or over time.

Other debts need loking into, mediating and often involve contractual issues thus needing a different company to get involved with.

[lamma]

applicability of above references to the PPCs way of doing business has been reviewed by a very qualified senior legal person. All of them have relevance to PPC paperwork and methods. just check out some of the posted paperwork here against those references. Amazing how many get ignored by the PPCs isn't it. have provided the tools for people to use rather than write some magnum opus as quote frankly the references are enough. And surprise surprise someone for the dark side posts not against the references but against the OP. A very tired and obvious tactic that fools no one. PPCs operate unlawfully - and often illegally. So use the statutes against them. I have no idea of legaladviser99 works on the debt collection side after a judgeent has been awarded and not paid (i.e is a bailiff) or is just one of the usual powerless debt collectors we see all the time in letters posted on here. I know which one I would choose if pushed, at the moment I believe it to be the latter as that fits completely with the post trail.

[legaladviser99]

Our company has both of what you're referring to, bailiffs and as you state the so called powerless debt collectors.

My role, once a debt is queried for whatever reason and needs looking into before any action is taken is passed to our team for investigation/comment and if needed the file being prepared and we then follow the case and deal with it in court.

I am fully legally qualified (hold a law degree) awarded in 1986.

I am NOT here to argue the toss about parking charges/tickets/fines, I have my qualified legal opinion about the legalities of such charges.

I originally responded to a question about the pre-action protocols and have answered this topic as I feel the above is a very poor piece of advice, badly put together and clearly designed by 'cut and paste'.

The thing that MUST be remembered about the legal profession is no one person is always right, a whole profession is based around how a rule/law is interpreted - sometimes you're right and sometimes you're not - all you can do is give a qualified opinion.

[lamma]

Advice ? it is a list of legislation to be borne in mind when reviewing the output from PPCs. The PPCs regularly fall foul of these as do a proportion of the DCA letters. though I will freely admit that I have seen letters from 'real' DCAs that are correctly worded (and some that aren't..) You will know of course that on the case of PPC alleged 'debts' that that is all they are, allegations debts - in the absence of an agreement the 'debt' cannot be said to exist unless and until it is crystallised in a judgment.

[timbochef]

lamma, I wonder if you could help?

I have posted a problem about final demands from equita, but not too sure if I have posted it in the correct place?

Would you please be able to take a look at my post and advise?

Having seen some of your posts you seem to be faily knowledgable on the matter?

Many thanks

timbochef

[letshelp]

You might be better sending Lamma a PM with a link to your problem.

regards

[lamma]

I agree ! !

[lemon_martini2]

Paragraphs are your friend