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.
I have received a parking ticket from Excel Parking advising me I had a £60 fine and if I didn't pay within a certain time I would have to pay £100. I paid the £60 within the time limit, but they are now chasing me for the £40 because they said it wasn't received on time.
Can I refuse to pay this or as I have paid the £60 have I agreed to their terms?
Just checking one thing - was this excel acting off their own back - a private parking ticket or was it a managed scheme on behalf of a council - should say on the paperwork.
Assuming that it is Excel acting on their own behalf [95% certain of this anyway], it is a real shame that you paid the ticket. These private tickets are a real con and are, to all intents and purposes, unenforceable.
Sorry if I didn't make it clear on my previous posting but - NO!, you should not pay them another £40.
You could either ignore - they will give up eventually, after the usual string of threats, or you could write back along the lines of:
Dear Sirs,
Re: Your letter dated [dd/mmmm/yyyy] Reference[#]
Thank you for your captioned letter.
Since I paid the "fine" to you I have been doing some research.
I now understand that your “parking ticket” purported to have been issued with the force of law behind it. I now believe this not to be the case.
Would you please advise me what statute(s) and/or judicial precedent enabled you to enforce this penalty against me. It may be considered that £60 has been obtained from me under duress and by your misrespresentation of facts and law.
I am currently considering my options and may get back to you in due course.
In the meantime I absolutely deny your claim that the amount claimed, or any amount at all, is due to you from me.
How did you pay the fine?
Do you have a dated receipt the day you payed the fine?
Thanks
5layer
Hi Slayer thanks for you reply, I sent a cheque on the 18/03/08 which I photocopied I have no receipt but I didn't send it recorded or anything as I work out in the sticks and by the time I get home the post office is closed so I just sent it with the works post, but it was over the Easter break.
Just checking one thing - was this excel acting off their own back - a private parking ticket or was it a managed scheme on behalf of a council - should say on the paperwork.
Hi Barnsley Boy, Thank you for your reply
It doesn't say anything about the council on the final demand, it does say court action and costs, court fee £30 and soicitors fee £50.
Sorry if I didn't make it clear on my previous posting but - NO!, you should not pay them another £40.
You could either ignore - they will give up eventually, after the usual string of threats, or you could write back along the lines of:
Dear Sirs,
Re: Your letter dated [dd/mmmm/yyyy] Reference[#]
Thank you for your captioned letter.
Since I paid the "fine" to you I have been doing some research.
I now understand that your “parking ticket” purported to have been issued with the force of law behind it. I now believe this not to be the case.
Would you please advise me what statute(s) and/or judicial precedent enabled you to enforce this penalty against me. It may be considered that £60 has been obtained from me under duress and by your misrespresentation of facts and law.
I am currently considering my options and may get back to you in due course.
In the meantime I absolutely deny your claim that the amount claimed, or any amount at all, is due to you from me.
Yours faithfully
Thank you Barnsley Boy
I will send that letter you have been a great help I wish I hadn't paid anything now but they are certainly not getting anymore