Quick Help Needed!

[dazron]

Sorry to be rude and hit and run - been a member for a while and read up on things never posted.... so HI!

ANYWAY got a quick problem need advice for!

Had a parking fine last year in November - didn't pay it. My fault I know. I had a reminder at £60 and I thought I had enough time to pay the £90 one. I had a Bailiff come to my house and leave a note this morning saying I owe £360! I argued that I'd only had 2 letters and nothing else... and no warning of the Bailiff's coming. He's saying I have 24 hours to pay £360 or they'll remove my car! I haven't got £360! How did £60 become £360? Is that fair and correct? Can i legally oppose this? He said it had gone to court, but I wasn't informed... Can i make a 'Reasonable Offer?'

Many thanks in advance!

[10110001]

The bailiff isn't alowing you much time before he takes your car, he might be unreasonable.

So pay the bailiff with a credit card then consider having the debt legally paid off at the bailiffs expense.

[dazron]

Thanks 10110001 can i ask you a couple of brief questions?

a) how can you tell if you've been overcharged in fees

b) how can you you quantify 'reasonable' in terms of removing the car.

Thanks!

[10110001]

Originally Posted by dazron

Thanks 10110001 can i ask you a couple of brief questions?

a) how can you tell if you've been overcharged in fees

By comparing the bailiffs fees against the prescrbed fees.

Originally Posted by dazron

b) how can you you quantify 'reasonable' in terms of removing the car.

Thanks!

Its umtimately up to a court to decide what is unreasonable.

If you are earning £200 a week and a bailiff orders you to pay £350 by tomorrow then this could be unreasonable.

Its only unlawful if the bailiff commits blackmail by threatening to take goods if you cannot or will not pay according to a deadline.

[dazron]

How would I find out what the fee's are? I've only heard verbally what they are ie the amount they wanted wasn't even on this note...

[10110001]

They are posted on this forum, but I'm told they may be out of date. I'm currently looking for an official source of prescribed fees and supporting legislation.

On the bailiffs note he's given the total amount due, subtracting your parking ticket gives his fees. Look up the bailiffs fees from this thread, and any difference shows the bailiff might be trying to defraud you.

Pay with a credit card, if you later find you have been cheated and he has overcharged you with his fees then you can get all your money back with a chargeback. If the bailiff contends he is charging you fees for posting letters and making previous visits, the burden of proof that he actually posted letters and made visits giving rise to fees resides with the bailiff when appealing a chargeback.

[dazron]

OK well he hasn't even told me what the parking ticket is / was. When I last heard about it it was £60. I'm assuming Court costs etc have been applied. Would I be right in thinking that Court fee's etc there is nothing I can do about - just the Bailiff Fee / Cost.

[10110001]

If the ticket is legitimate then you should really have paid it, try and establish whether there is a ticket outstanding and how much. Phoning your local council parking tickets department would be a good start, then try Traffic Enforcement Centre. If something is wrong with your parking ticket then you can file an out of time stat dec and that stops enforcement action.

[dazron]

There is a ticket outstanding - i admit that. I'm trying to work out how £60 turned into £360 in one go!

[dazron]

Well when I rang the Bailiff back, who is from Equita, and asked for him to explain to me how they had arrived at the figure, he told me that he could only tell me verbally what I owed, and that after I had paid it I could ask for a written breakdown of the fees. I said that I'm not just going to pay a figure blind and that I needed in writing what it entailed, he told me that it had on it court fees, DVLA levy's, name search levy's and something else which i've forgotten. Sounds like Bull**** no? When I said he could be anyone, and he could be just asking for a hundred quid on top and that I needed proof of what I owed, he said that basically they've stopped giving breakdown's of fee's as they were losing thousands of pounds where people waited for the breakdown and then didn't pay, and that the bottom line was that if I didn't pay within 24 hours, they'd come back to remove the vehicle, and if I paid it then not now there would be £120 extra charges. Sounds like i'm being defrauded, should I pay with a Credit Card and do as you described?

[10110001]

If he wants to be awkward about it then so can you.

1. Tell him - we'll do it your way.
2. Pay him in full - with a credit card.
3. Get that promised breakdown (you dont need it anyway because if the totals are different then he will have to explain it to court later)
4. Cross check his total against the prescribed fees.
5. If his total is out by a single penny, put him in front of his certificating judge with a Form 4 complaint for committing fraud contradicting Section 10 of the Distress for Rent rules 1988 and make a criminal complaint to the police for under Section 2(1)(b)(i) and Section 4(1)(c)(i) of the Fraud Act 2006.

He only needs to charge you a credit card processing fee and you got him by the balls. Secrtion 10 of the Distress for Rent Rules 1988 clearly says:

No person shall be entitled to charge, or recover from, a tenant any fees, charges or expenses for levying a distress, or for doing any act or thing in relation thereto, other than those authorised by the tables in Appendix 1 to these Rules.

If you get a crime number then consider having the debt paid off at the bailiffs expense - legally! You might as well make something of it.

[John McKenna]

Before attempting to get the bailiff company to pay your debt and then possibly losing the bailiff his job for "possibly" overcharging you (when it's the bailiff company ultimately), lets see if we can get some facts together first.

Which local authority issued the original PCN?

[tonycee]

No sod it.

Get them to pay your debt.

Get them ALL the sack.

If they have done nothing wrong, then they have nothing to worry about.

No gain without pain.

[10110001]

Originally Posted by John McKenna

Which authority issued the original PCN?

The debtor indicated he knows who the authority is but they'll only be interested in the PCN. The debtor is asking...

Originally Posted by dazron

...how £60 turned into £360 in one go!

But the bailiff said...

Originally Posted by dazron

...that he could only tell me verbally what I owed, and that after I had paid it I could ask for a written breakdown of the fees.

So he's got no choice but to pay now & sort it out the bailiffs fees later.

[tomtubby]

Dazron

Could you let me know by Private Message ONLY the name of the Equita bailif so that I can search to ensure that he is certificated.

I am very surprised that an EQUITA bailiff is refusing to provide a breakdown of fees....their company know very well that their bailiff's CANNOT continue to use this excuse !!

[proph786]

Hello tomtubby

What has happened with Equita that makes you say they should know that heir bailiffs cannot continue to use this excuse?

[10110001]

Originally Posted by tomtubby

that an EQUITA bailiff is refusing to provide a breakdown of fees....their company know very well that their bailiff's CANNOT continue to use this excuse !!

Is that legislated, or a company policy?

[John McKenna]

Originally Posted by 10110001

The debtor indicated he knows who the authority is but they'll only be interested in the PCN. The debtor is asking...

Knowing which local authority issued the debt enables us to work out the fees. I've read above that the PCN went to £90 but there are multiple fee structures within that PCN amount depending on the local authority.