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.
A Paid Pcn To Baliffs Who Threatened Me And My Mother - Please Help
I recieved a parking ticket, received on 22/09/06. While I appreciate that some time has passed since this date, I have only just returned from working abroad during the intervening time and would like to formally complain about the actions of the council since this date. When I received the parking ticket, I immediately lodged an appeal by email (copy enclosed) to the parking office and sent a copy of the ticket and correctly purchased and valid parking permit to your office. When I did not receive a response I visited the council offices in person with a copy of my email. I was reassured that my appeal had been lodged and that I would receive a response in a number of weeks. Since I received no response, I presumed that my case has been satisfied (given previous experience of the council and slow replies/no response to correspondence).Satisfied that I had defended my case, I left to work abroad in December 2006.
It then came as a shock to my mother when a bailiff appeared at my family home on 16th June 2007 demanding payment or goods of £394.94 to satisfy the alledged parking violation. As I was not present in the country my case (the evidence of payment etc was in the UK), I instructed my mother to pay the charge so that she would not be frightened by further aggressive and intimidating visits and I would take up the matter on return to the UK. Having now returned, I am formally putting my concerns in writing to the CEO of the council and explaining to them that the council uses such intimidating methods to extract payments, given the poor administration processes shown in your organisation.
I am writing to them to seek an apology for the poor administration evident here, the way my mother was treated by the council’s associated agents and a refund of these incorrect charges.
The CEO wrote back and said that he was not the responsible officer for PCNs and that it was a delegated responsibility to someone else. He said I would get a response but I havent so far. What should I do? (I sent an email to them today asking for a response and I copied in the 2 local MP's)
Re: A Paid Pcn To Baliffs Who Threatened Me And My Mother - Please Help
This is not really the responsibility of the CEO it is merely that your pcn is simply one amongst millions that are dealt with.
However your case is very SIMPLE indeed. Clearly you made "representation" to the local authority but did not receive a formal rejection letter and did not receive an Order for Recovery. You therefore have grounds to file an Out of Time late Statutory Declaration with the Traffic Enforcement Centre.
If accepted, this will revoke the Warrant and this will allow you to claim the bailiff fees back from the bailiff . The local authority will refund 50% of the cost of the PCN.
If you need further advice please send me a message.
Re: A Paid Pcn To Baliffs Who Threatened Me And My Mother - Please Help
Thanks for your help.
I am awaiting the response from the CEO so I will let you know what happens. Unless you think I should be writing to anyone else instea of CEO?
Re: A Paid Pcn To Baliffs Who Threatened Me And My Mother - Please Help
I cannot except that it is not a problem for the CEO.
He is the Captain of the ship and as such all the sins of the Council are his.
He has the power to make things happen and if they do not happen he is responisble in law for all the acts or omissions of Officers of the Council.
That why they are called " Chief Executive Officer's. "
Re: A Paid Pcn To Baliffs Who Threatened Me And My Mother - Please Help
Originally Posted by 68904
I cannot except that it is not a problem for the CEO.
He is the Captain of the ship and as such all the sins of the Council are his.
He has the power to make things happen and if they do not happen he is responisble in law for all the acts or omissions of Officers of the Council.
That why they are called " Chief Executive Officer's. "
Do you really think that the best use of a CEOs time is answering EVERY query or complaint from the public? I'd be very upset paying someone a CEOs salary out of my Council tax to deal with complaints about dustbins not being emptied or faulty street lights!
Re: A Paid Pcn To Baliffs Who Threatened Me And My Mother - Please Help
I have to agree with the others gm. As he said 'it is a delegated task' and it is ultimately his responsibility along with the fish and chip paper thrown down by litter louts.
He does not have to take personal action, a quick internal call to the department asking why there has been no response and telling them to get on with it is all his job will require.
When you get no satisfaction from the lower levels, you have to up it to a higher level.
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Re: A Paid Pcn To Baliffs Who Threatened Me And My Mother - Please Help
Originally Posted by Conniff
When you get no satisfaction from the lower levels, you have to up it to a higher level.
My point was that he didn't even ask the relevant department why it had escalated to baliff stage his first point of call was the CEO who would probably have no idea.
Re: A Paid Pcn To Baliffs Who Threatened Me And My Mother - Please Help
I don't think we are pulling hairs, gm is correct and obviously read your post closer than I did. You should really go through the channels and only escalate when you get no satisfaction from the responsible department.
Anyway you are up there now, so lets hope he has the courtesy to reply a second time.
Trading Standards wants your help
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Never phone or accept phonecalls from debt collection companies.
If you don't believe you can win, there is no point in getting out of bed.
_________________________ ________________ _________________________ ___________________
Re: A Paid Pcn To Baliffs Who Threatened Me And My Mother - Please Help
Did you read that I had visited the offices of the council and the fact that I had called them time and time again?
Yes its pulling hairs because actually who I wrote to is irelevent.
Re: A Paid Pcn To Baliffs Who Threatened Me And My Mother - Please Help
The thing is though, if bailiffs have visited, that means you have a county court judgement against you, so are they going to remove that as well as the reimbursment?
Trading Standards wants your help
Dubious website businesses Conterfeit alcohol and cigarettes Illegal sales of alcohol, tobacco, knives & fireworks to children Cowboy builders or tradesmen Car clockers Counterfeiters Aggressive selling
Never phone or accept phonecalls from debt collection companies.
If you don't believe you can win, there is no point in getting out of bed.
_________________________ ________________ _________________________ ___________________
Re: A Paid Pcn To Baliffs Who Threatened Me And My Mother - Please Help
Originally Posted by Conniff
The thing is though, if bailiffs have visited, that means you have a county court judgement against you, so are they going to remove that as well as the reimbursment?
You don't get a CCJ for parking tickets. Although the Council aren't keen to tell you this.
From the TEC's website FAQs:
Will the charge be registered as a judgment?
A penalty charge registration is not registered on a collective register as a County Court Judgment is.
Re: A Paid Pcn To Baliffs Who Threatened Me And My Mother - Please Help
Then there has been no visit by a bailiff as only courts can order them.
Trading Standards wants your help
Dubious website businesses Conterfeit alcohol and cigarettes Illegal sales of alcohol, tobacco, knives & fireworks to children Cowboy builders or tradesmen Car clockers Counterfeiters Aggressive selling
Never phone or accept phonecalls from debt collection companies.
If you don't believe you can win, there is no point in getting out of bed.
_________________________ ________________ _________________________ ___________________
Re: A Paid Pcn To Baliffs Who Threatened Me And My Mother - Please Help
They will be private bailiffs: What happens if I do not respond? If you do not file a valid statutory declaration with TEC within 21 days of the date on the Order for Recovery, the Local Authority may enforce the Charge by requesting a warrant. Once the warrant has been authorised by TEC, the Local Authority will employ private bailiffs to execute the warrant.
Re: A Paid Pcn To Baliffs Who Threatened Me And My Mother - Please Help
A private bailiff has no real power, they have to apply for a warrant of execution, which is the same as a court sending them in.
The courts wont automatically issue a warrant.
Trading Standards wants your help
Dubious website businesses Conterfeit alcohol and cigarettes Illegal sales of alcohol, tobacco, knives & fireworks to children Cowboy builders or tradesmen Car clockers Counterfeiters Aggressive selling
Never phone or accept phonecalls from debt collection companies.
If you don't believe you can win, there is no point in getting out of bed.
_________________________ ________________ _________________________ ___________________