Patricia Pearl - Small Claims Procedure - A Practical Guide


An excellent guide for the layperson in how to use the County Court - a must if you are intending to start a claim.

£19.99 + £1.50 (P&P)




Last Will and Testament Kit


Make a legally valid will without the fuss and expense of a solicitor - includes a full step-by-step guide.

£9.99 + £1.50 (P&P)

BAILIFFS - The Law and Your Rights

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.

£13.95 + £2.00 (P&P)


Reclaim the Right Ltd. - reg. 05783665 in the UK

reg. office:
923 Finchley Road
London
NW11 7PE



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  1. #1
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    Default The law allows them to do this?

    My first post, sorry it’s lengthy but very serious; I would love to hear some feedback, thanks in advance.
    Working as a self-employed courier in London for approximately 1 year, inevitably I would get parking tickets from various London boroughs, and instead of contesting them I would just pay them, and can prove I paid quite a lot in parking fines. If they have a photo of my vehicle parked while the meter has ran out of time, then I have no basis to contest right?
    It was not until after I left that job that I learned I could have rightfully contested my parking tickets by showing my daily worksheet, and that I was just doing my job, and I could have avoided paying over half of them! I paid a huge amount of money that year in fines, which I cannot even claim as expenses!!
    I moved address towards the end of that year, and almost a year after that I went to my old address to check for mail. I was horrified when the new occupants handed me a bag full of threatening letters from debt collectorsicon, saying I owe ridiculous amounts of money, and the new occupants regularly get visits from bailiffsicon looking for me and my vehicle. On average they get one or two visits per week, and they ignore that they’re told I don’t live there anymore. I can only imagine that a couple of tickets have evaded me by not being stuck on my windscreen, and “automatically” posted to me.
    Not too long ago I found my vehicle clamped with a notice asking for £500, and I paid it promptly (I wasn’t even aware I owed anything to that company), soon after I declared my vehicle SORN and have been keeping it off the road, and did not change my address on my driving license on purpose out of fear.
    I am more than terrified; there is no way I can even pay a quarter of what I am being charged! How does a £40 fine become nearly £500+ each? How do debt collectors justify such huge increases, are they allowed to do this by law? I have wanted to sell the vehicle for a while now, but I want these debt-collectors off my back first or else the new owner will probably get clamped on their first week!
    Someone advised me to get in contact with the “Northampton county courticon”, but I don’t know what to say or how to go about doing this, if it is what needs to be done. Someone else advised me that I should declare myself personally bankrupt, but I have no idea how or what it involves either – for what it’s worth, I am currently unemployed and receiving JSA.
    Question: If the relevant London boroughs have passed my debt onto debt-collectors, does this mean they have wiped my parking offences clean, and the debt-collectors are my only concern? This issue has put my life on hold in many ways, and filled me with fear. What can I do?

    Thanks for your time to read this,
    NBG

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  2. #2
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    Default Re: The law allows them to do this?

    Quote Originally Posted by New Bill G View Post
    My first post, sorry it’s lengthy but very serious; I would love to hear some feedback, thanks in advance.
    Working as a self-employed courier in London for approximately 1 year, inevitably I would get parking tickets from various London boroughs, and instead of contesting them I would just pay them, and can prove I paid quite a lot in parking fines. If they have a photo of my vehicle parked while the meter has ran out of time, then I have no basis to contest right?
    It was not until after I left that job that I learned I could have rightfully contested my parking tickets by showing my daily worksheet, and that I was just doing my job, and I could have avoided paying over half of them! I paid a huge amount of money that year in fines, which I cannot even claim as expenses!!
    I moved address towards the end of that year, and almost a year after that I went to my old address to check for mail. I was horrified when the new occupants handed me a bag full of threatening letters from debt collectorsicon, saying I owe ridiculous amounts of money, and the new occupants regularly get visits from bailiffsicon looking for me and my vehicle. On average they get one or two visits per week, and they ignore that they’re told I don’t live there anymore. I can only imagine that a couple of tickets have evaded me by not being stuck on my windscreen, and “automatically” posted to me.
    Not too long ago I found my vehicle clamped with a notice asking for £500, and I paid it promptly (I wasn’t even aware I owed anything to that company), soon after I declared my vehicle SORN and have been keeping it off the road, and did not change my address on my driving license on purpose out of fear.
    I am more than terrified; there is no way I can even pay a quarter of what I am being charged! How does a £40 fine become nearly £500+ each? How do debt collectors justify such huge increases, are they allowed to do this by law? I have wanted to sell the vehicle for a while now, but I want these debt-collectors off my back first or else the new owner will probably get clamped on their first week!
    Someone advised me to get in contact with the “Northampton county courticon”, but I don’t know what to say or how to go about doing this, if it is what needs to be done. Someone else advised me that I should declare myself personally bankrupt, but I have no idea how or what it involves either – for what it’s worth, I am currently unemployed and receiving JSA.
    Question: If the relevant London boroughs have passed my debt onto debt-collectors, does this mean they have wiped my parking offences clean, and the debt-collectors are my only concern? This issue has put my life on hold in many ways, and filled me with fear. What can I do?

    Thanks for your time to read this,
    NBG
    Hi sorry to hear your plight. It can be a very frightening experience. You should receive some good advice by posting here. You do have some rights.

    The process works something like pcnicon, Notice to Owner (NTO), Charge Certificate, bailiffsicon.

    If these are legitimate council tickets then you will be dealing with bailiffsicon and they have a number of things they want. They will want the original amount charged by the council. They also have a set scale of fees and must comply with the law.

    If you haven't received paperwork for tickets you can make a statuatory declaration to that effect. Once sworn you send them to Traffic Enforcement Centre at Northampton. That should halt any enforcement action by the bailiffs. You can get a Stat Dec. sworn at your local court for no fee (or you can go to a solicitor who will charge).

    The issuing council should re-issue with the Notice to Owner. This will give you the opportunity to pay the ticket or contest it if you wish to do so.

    You need to notify the bailiffs that a Statuatory Declaration has been filed at TEC. They should halt their actions once they are notified by TEC. If your Stat Dec is not accepted then the bailiff action starts again.

    You should contact the bailiffs and ask to see a full breakdown of the charges. They must stick to the letter of the law and there are set fees that they can charge. Post back here with the details when you get them. It may pay you to set aside some cash to pay them with if the Stat Decs. fail.

    -------------------------------------------------------------------------------------------------------------------------------------
    This does not constitute legal advice and is not represented as a substitute for legal advice from an appropriately qualified person or firm.
    --------------------------------------------------------------------------------------------------------------------------------------


  3. #3
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    Default Re: The law allows them to do this?

    Hello Pin, thanks alot for your reply. I have to say its hard to understand what you've said, so I will try in my own words...

    I have a large bag full of original letters posted to me by various debt collectorsicon, so you are saying I should call each of them saying they should be contacted soon by TEC(?) telling them I have initiated a Statuatory Declaration(?) file at TEC(?), which should halt them visiting my old house. - Then I pay each original fine (£40) to the initial council to satisfy them? I dont think I should give them my new address!

    (?) = I have no idea what it means. Thanks, NBG


  4. #4
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    Default Re: The law allows them to do this?

    You need to first establish how many fines you have, when and where they occurred. Can you give us a list?


  5. #5
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    Default Re: The law allows them to do this?

    Yes I can give a list - but i'm still compiling it! Unsure about a couple of things:

    Should I give my old address in the PE2/PE3 forms (which is still the address on my license)? The new occupants will give me a phonecall immediately when they get post for me.

    On the forms it asks for a list of the PCNs (parking) but there is one which has a photo of me turning left near Liverpool Street station, where there is a tiny little sign saying I can't do so during certain hours. That is not a pcnicon is it? That (among a few others) was automatically posted to my old address with no way of me knowing about it. So do I include that in my list of PCNs?


  6. #6
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    Default Re: The law allows them to do this?

    Don't fill out any forms yet - let us see the list.

    Your Liverpool St document sounds like a pcnicon. They can be served by post.


  7. #7
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    Default Re: The law allows them to do this?

    half-way through compiling it, okay, what would you like to see? List of pcnicon numbers? Dates? If each PCN has been passed onto bailiffsicon, do the bailiffsicon consolidate more than one PCN into a single one of their own?



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Reclaim the Right Ltd. - reg.05783665 in the UK reg. office:- 923 Finchley Road London NW11 7PE