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 short time ago i had car trouble (head gasket) whilst on the way to work and somehow managed to get near my home without the car literally dying on me on the motorway. The car was smoking from the exhaust (badly) and engine (even worse), i was also losing water etc...was not a good situation! I got off the motorway and thought that i would pull over asap and get assistance rather than break down in the middle of the highway causing even further problems. I quickly (best i could!) drove into a side street and parked in a restricted area. The car was smoking very badly by then. I knew it was a restricted area but i thought it would be better than the car being in the middle of the road. Because of the engine overheating i thought id quickly get some water from the shop across the road and then call for emergency assistance. Because the area was restricted i knew i may get ticketed so waited for 20 minutes and also had a look around to see if a TEO was in the area just to notify of the situation and that id get things going asap. No TEO was present after this wait so i quickly ran over to the shop got the water and came back. Low and behold when i came back a ticket on the car with the TEO with a big smile her face. I pleaded quite rationally about the situation, stated that i had waited to see if a TEO was around to notify of the situation and that this was very genuine and to look at the car herself. I shouldnt have bothered to be so polite. I told 'tough' read the signs, (all with a big grin) and that she was not interested whatsoever. I was absolutely furious at this point and did (slightly!) lose my temper at this point. Now that i have the ticket i am quite reluctant to pay it. If i have to, have no choice, then fine i will as i am not one to avoid this sort of thing. I know there is an appeals procedure but my guess it is probably like a PPC's and is done in house and therefore i am wasting my time. Can anyone please advise me on this?
Yours an angry DDW
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Did you get a Breakdown waggon to come tow you away?
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No, my dad gave me a tow back. I did phone the RAC but they advised me that there wouldnt be anyone to tow me for some time so i phoned my dad as i needed to get back home asap for work purposes.
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if your appeal is to stand any chance of success, you will need a copy of that telephone call. You are legally allowed to Breakdown in no parking areas, you have to prove the fact however.
As far as the ticket is concerned, you parked up and went shopping, so get a statement from the person you talked to in that shop that gave you the water.
When you can get all these things together, they you can submit an appeal.
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.
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Thanks for that advice. Much appreciated. Will get onto the case. I never knew that you couldnt get ticketed in a no parking area if you broke down. Scales duely tipped.
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I love that phrase Conniff. Are there other places where it is illegal to break down?
The PPC's and the clampers will have you believe that is illegal to Breakdown in their car parks.
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Because the area was restricted i knew i may get ticketed so waited for 20 minutes and also had a look around to see if a TEO was in the area just to notify of the situation and that id get things going asap.
Just had a thought, while you were waiting your 20 mins for them, they were probably waiting the same 20 mins for you to disappear so they could hit you with a ticket.
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.
_________________________ ________________ _________________________ ___________________
Conniff, it wouldnt surprise me. I know a few of the retailers from the area and they have complained about this particular person doing similar things. I as noted earlier i am not one to park in a restricted area and then use the CAG to try and get out of it but i am really miffed by this. Thanks also AL27, i am writing to appeal, im just hoping that the appeals system is not those of PPC's otherwise ive had it
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Just to update. Sent an appeals letter last Friday. Had written confirmation from my place of work plus repair bills etc from my local garage. Hopefully this should be enough. Also did my research and went onto the Council website and examined the policies and procedures regarding these matters-again all areas seem to be covered. Spoke to a friend of mine who works in the local magistrates court and he thinks that i have supplied the correct information to cover things and mentioned that the council are very reluctant to go to court over these things. Hopefully all willl turn out well. Will keep you all informed
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