Written by John Kruse, one of the leading experts on Bailiff Law, this consumer friendly guide is essential reading for anyone who comes into contact with a bailiff.
The book is easy to understand and clearly explains the rights
a bailiff has, and also what they cannot do when collecting debts and repossessing goods etc.
Just some advice please, to cut a long story short Newlyns clamped my car and they way they did it was totally unjust, on advice i filled out a Stat Dec, which prompted Newlyns to unclamp the car the next day, now I have received a letter from the court saying my Stat Dec has been refused, I can appeal with a N244.
Does this mean that they will refer it back to the baliffs again? or does this mean I will just pay the £155 ( which we dont have a problem paying) .I just cannot deal with Newlyns again, they were rude uncooporative and tried to overcharge. Or shall I fill out the appeal form N244 and appeal?
The main reason we appealed this ticket in the first place was because we did not get a ticket on the car and didnt know about the fine until they wrote us and the fine had gone up, we apealed straight away then ,but that was refused. Not sure what to do
If this is the same matter as you posted up before and were receiving help in the bailiffs section it may be better to ask your question there. I believe but I'm not a 100% that you need to fill in the N244.
Might be better to ask TomTubby or ScrewTheBailiff for some advice via a PM.
In Answer To The Questions.
Yes It Was Local Authority That Issued The pcn - Croydon.
I Did Post This Onto The Baliff Forum Initially, But As The Query Was To Do With The SAR Form Refusal They Suggested I Posted It Here.
I Recieved A Letter On The Monday From Newlyns To Pay £168 - Which We Intended To Do, Although I Didnt Plan On Ringing Them Until The Wed/thur As I Wouldnt Have The Funds Until The Friday, But By Wed The Car Was Clamped, I Called To Say We Would Pay The £168 By Friday, Which Heh Said Was Fine But The Fees Had Gone Up Now And It Would Be £548 Instead, The Time Of Receiving The Letter And Clamping The Car Was Literally 2 Days, Which Was Not Right. I Filled In A SAR And The Clamp Was Removed The Next Day, But The Sar Was Refused, I Just Want To Know If It Will Go Back To The Baliffs Again Or Do I Now Deal With The Local Council And Pay The £155? Is It Worth Appealing Again Using The N244 Form?
Can any one advise what happens the Statatuory out of date form, which goes to the court is then refused??
I have 14 days to appeal using a N244 form, which was enclosed with the refusal, do I still put the same reason again as I did with the orignal? - confused, not eevn sure why they turned it down, they didnt say.
No, they never say why they turn it down, but I am advised that it is on the advice of the LA that they don't agree. The N244 is just so that you can appear before a Distirct Judge (hopefully a living breathing person) and put your case. You need to state the same reason for being out of time as before, not the details of the representation against the pcn. Then, if you are successful it automatically goes to appeal (because your Statutory Declaration has been accepted) over the original representation against the penalty, or you can pay the undiscounted fine. You would be well advised to ask to see qualification of the bailiffs fees (even if you didn't pay them all) as they may have been inflated and you can make a complaint.
Many thanks for this. I shall fill it in. i just wasnt sure if after being refused they make you pay the original tkt amount (£155) set by the court or they pass it back the bailiffs and he whole crazy amount (548) is called for again
No, no fear of that, as long as your N244 is successful. Just make sure that you have a good reason for being out of time, and any evidence to support it.
Can Anyone Advise Please?
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Originally Posted by jaylee15
Oops!! - thanks for pointing that out!!
