Bailiff action over PCN
Hi , First time on here and am hoping one of you can help me with a bit of a problem i am having with a pcnissued by Shrewsbury & Atcham Borough Council, which is being enforced by Newlyn.
The PCN was issued on 24/9/07 for loading / unloading on double yellow lines, the vehicle in question was a Fiat Doblo van that was sign written, and had a note in the window saying where i was etc. I work as a Mobile Service Engineer, and have to cart around some quite heavy equipment. sometimes i have to 'park' to load / unload in places that are restricted - however i have always sought a TW to get the ok if i am going to be a while at my service call.
The service call is a 12 monthly call, and previous times i have been i have parked in the same location as this time, with permission from the Police TW, and he told me that next time i neednt ask. so long as i pop a note on saying where i was, so anyone that needed me to move could come and find me (Where i was was causing no obstruction to anyone). Anyway it turns out that a few months before i got the PCN the council had taken over and decriminalised parking offences.
Now comes the tricky part.
ill list what happened in date order.
14/5/06 Bailiff Letter inc Warrant of Execution
Bailiff letter claims amount due is £646.33 + associated costs
Warrant also says £646.33 + costs
Now at this point this is the first letter received, No visits etc.
11/6/08 Bailiff Letter - Removal Notice amount still = £646.33 (strange)
18/6/08 PCN Paid Direct to Council - Receipt obtained for £95
Council asked to withdraw bailiff action due to my wifes mental state. (on a previous bailff visit when the bailiffs
25/6/08 Bailiff Letter - Notice of Seizure amount now £444.22 but still claiming the PCN hasnt been paid (very strange now) letter also says that if they come to collect my car the fee will go up to £935.95 lol
2/7/08 Letter from council - Ackonwledging the PCN is now paid - and refusing to withdraw the outstanding warrant
7/7/08 Bailiff Note through door (1st Visit afaik as this is the only time they left anything, but bailiff claimed they had been 3 times in total now - suspect phantom visits! as one of the dates he said was before they had even contacted me to say they had a warrant) amount now due £349.22 (weird)
01/08/08 Bailiff Letter - Final Notice £349.22 and another copy of the warrant HOWEVER this one was different. the amount due now said £95 + costs. the amount due is the only thing that is different, the rest is the same, the issue date and time of the warrant etc. (smells fishy now)
Now i have had a quick look at the law regarding the amounts that bailiffs
The Enforcemnet of Road Traffic Debts (Certificated bailiffs
which states that Preparing and Sending a letter advising the debtor that a warrant is with the bailiff and requesting the total sum due is £11.20
it also states that for attending to levy distress but where the levy is not made, the reasonable costs and charges for attending to levy. The costs and charges are not to exceed the fees and charges which would have been due if the distress had been levied. The charges for a levy of £95 falls below the £100 limit for the fixed £28 levy fee.
it also states that the costs for attending to levy must not exceed the total costs and charges allowed for three attendances.
(I got some advice form National Debtline, but they are only limited in what they can do)
So now i leave it up to you guys and await a reply from someone who can hopefully help me out.
Edit: Forgot to mention that the vehicle is required for me to continue working as a mobile service engineer, as the distance i cover would prevent me using alternative transport (around 300 - 400 miles per day)
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