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 just had a baliff visit my home requesting £330 within 48hrs as i have failed to pay my parking fine,
I got a parking ticket on 11/08/08.
i didnt know aout this untill a notice was posted through my door some days later saying it had increased to £75 befor i managed to deal with it i got a letter from equita saying i now have to pay £160? i made a partial payment of #£50 so i could get them off my back till i get a reply from the council involved, now i have a baliff coming into my house demanding £300 by FRIDAY!
ANY HELP APPRECIATED, WILL POST AS MUCH INFO AS POSSIBLE LATER
Letter 1
20/02/09
We write with refrence to the unpaid penelty charge notice owing to birmingham city council for your vehicle REG HERE
A Warrant has now been issued by Northampton county court and passed to us, we therefore require the sum of £122.88 by return post.
Letter 2
02/03/09
FINAL DEMAND
We visited you, you wernt in, will call again ECT
Letter 3
09/03/09
Clear the arrears
PAY £161.98
Approx 15/3/09
Called equita paid £51 to get them off my back for a while, so i could contact the council, posted council letter to find out why i got the charge.
So you have had no pcn; no Notice to Owner and no Charge Certificate - is that right?
You need to contact the Council and ask for a copy of the original PCN. In the meantime, you need to contact TEC for make an out of time declaration to halt the bailiff action.
I am at a loss to understand why you have let all this rumble on for so long. I certainly wouldn't still be waiting to hear from the Council for an enquiry in March!
Did you get the stuff the council say you were sent?
If so, what did you do with it?
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Nothing in this post constitutes "advice" which I may not, in any event, be qualified to provide.
The only interpretation permitted on this post (or any others I may have made) is that this is what I would personally consider doing in the circumstances discussed. Each and every reader of this post or any other I may have made must take responsibility for forming their own view and making their own decision.
I receive an unwieldy number of private messages. I am happy to respond to messages posted on open forum but am unable to respond to private messages, seeking advice, when the substance of that message should properly be on the open forum.
Many thanks for your assistance and understanding on this.
The only sure way to get the bailiff to hold fire is to file an Out of Time Statutory Declaration. It may or may not succeed in getting the situation resolved.
TEC, mentioned above, is the Traffic Enforcement Centre at Northampton county court. They deal with all these matters.
Go to their website or phone them and get the forms ASAP. What it does is challenge the warrant which the bailiff is acting on. You need to tick the box stating you did not get the Notice to Owner, and also explain why it is out of time - which is because you did not receive any other notification.
You need to sign it in fornt of a witness at your local county court - a commissioner of oaths - who will be at the desk when you go in. County courts do not charge anything. Once you've signed it in front of them, you need to post it to Northampton County Court ASAP.
Until this is filed, the bailiff can still action the warrant, but definitely tell them and the council you are doing it as they may agree to hold fire at once. Meantime, do not pay anything further to the bailiff, and try and stall them if needs be.
Once the statutory declaration is processed, the council will look at the case and decide whether to agree, and pull the bailiff warrant completely, (in which case, you can appeal or pay the original charge), or, if they say they sent all documents to the right address, they might refuse it - in which case you're no worse off, but no better off either.
No, it's free - but you do need to get on the case because the warrant is live and could be actioned any time. They could for example clamp your car, so you need to file it as soon as you can, and tell them.
By the way - 06/01/09 - you mean Order for Recovery, right? You haven't already filed a statutory declaration have you?
They should have sent an Order for Recovery. He's probably getting mixed up, but why not call them now and ask for confirmation of the date an Order for Recovery was sent to you? If they sent you a stat dec form as well, that's fine, but you must have been sent an Order for Recovery, or they haven't followed procedure and the warrant will be invalid.
HELP Parking Ticket (IN HAND OF BALIFFS)
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Originally Posted by Jamberson
