Section 5 (C.4.c) of the Registration Certificate states The Registered Keeper is not necessarily the legal owner DVLA access proves nothing when "assuming" ownership. A bill of sale supported by, for example, a bank statement or similar showing the exchange of funds would help matters but is not always defining evidence (especially when sale/transfer is between spouses/relatives). This is especially important if the debt is "civil" (not criminal) where a debtor's assets are considered "bound" from the date the warrant/liability order is issued. Sales in "good faith" (before the debtor is aware of the debt) are sometimes considered but ultimately up to a judge to decide based on the evidence before them.

Is your car insured for business purposes?

If the bailiff hasn't visited you, the most he can charge is £108.16 per warrant. £95.00 inc of £5 debt registration £13.16 inc vat 1st letter fee Several months ago, a judge in Manchester ruled that a van fee (£120) could only be charged if goods were seized. An ATR (attendance to remove £120) could only be charged if returning to remove goods ALREADY seized. If the bailiff hasn't visited, seized goods and left you with a "Notice of Seizure of Goods & Inventory", he's applied the fees incorrectly. It looks like he's charged either a van or ATR fee on both warrants plus two visits. If the bailiff has multiple warrants, he's only able to charge you a van and ATR on the first warrant unless there are +10 warrants outstanding. In other words, warrants 2-10 can only have "visit" fees applied which in this case would be 29.74+vat and 38.02+vat if two visits without seizure had occured. I would consider making a Subject Access Request and once armed with further evidence, consider making a Form 4 Complaint if you're adamant the bailiff has overcharged you.

How much were the original PCN's? Have Equita sent you letters by Royal Mail asking for £366 per ticket or is it the bailiff who's demanding this amount?

beetlebug1, A stat dec is usually filed when someone claims they knew nothing of the offence and/or court summons. As this was a fixed penalty issued by a police officer, I don't think you've got a leg to stand on. However, before jumping to conclusions, can you tell us more about the fine itself? Do you know how much the fine was before bailiff fees have been added? Has the fine been doubled at the court as a result of non payment?. You mentioned an original amount of £60 but penalties like these often increase if you default.

Unfortunately, the debtor's assets are "bound" from the day the liability order is issued. Any court in the land would see through this attempt to avoid enforcement.

Lisa, Just to be straight, bailiffs do have the power of arrest. Arrest warrants with/without bail and commital are all dealt with by bailiffs in certain areas of the country. However, the bailiffs dealing with your case have a distress warrant (a court order to seize goods) which if unpaid "could" result (but unlikely) in a warrant "with bail" being issued for you. If this happened, an HMCS warrant officer would pay you a visit and bail you to appear in court on a certain date. Failure to attend would result in a "no-bail" warrant. With regards paying HMCS direct, unless you were lucky enough to speak to an inexperienced HMCS employee, they would NOT accept your payment. HMCS are contracted to refuse any kind of payment while a distress warrant is live with the bailiffs. For the benefit of "Fair-Parking", this is a contractual obligation (not statute). Has a bailiff visited yet or are you being told the oustanding amount by call centre staff? Was the original fine £175? Is it Marston's or another bailiff firm dealing with this?

Amen.

Quality bailiff bashing!! :grin:

Yes, excellent cut 'n' paste technique!

I like your bluntness It looks like the bailiff has only charged for 2 visits. 95.00 PCN (no vat) 11.20 Letter Fee 29.74 1st visit 120.00 Van Fee 59.08 2nd visit 38.50 VAT ---------------- 353.52 Total ----------------

The bailiffs could take the vehicle but would depend on several things. If the vehicle has been specifically modified for the purpose of your trade, the bailiffs can't touch it. If your trade is a "driving" trade, the vehicle would be exempt if it was the only company vehicle on the books. ie: a self employed taxi driver's car would be exempt but one of several taxi's owned by a cab firm could be seized. If you use your vehicle to get to and from work and it's not critical to the job itself, the bailiffs can take it. In other words, a vehicle isn't vital for an electrician to perform his job as there are other forms of transport he could use. Do you have business insurance on the car? If it came to it, it might just help you prove the vehicle is used for work purposes if you have business insurance.

Which council issued the original PCN? Why didn't you/her pay it in the first place?

Many believe sending an official bill dated within the last 2 months would suffice. Council tax bill, tenancy agreement, mortgage statement are preferred if possible.

berrylover, Think the whole episode through to it's logical conclusion. Any level headed individual would find the bailiff's actions completely inappropriate. Enough said. If you're not a level headed individual, don't bother replying....