Now phone the bailiff and ask him how much it is. (quickly end the call politely whe you have the answer)

If you are unemployed then read this http://www.dca.gov.uk/enforcement/agents02.htm#part10 It means bailiffs cant really enforce anything from you. Ask the council how much the liability order amount is, and see if its different to the amount the bailiff is charging you. The bailiff is vexatious, so ask the council to allow you to take your complaint to the Local Government Ombudsman. If they refuse then speak to your local councillor and ask him to intervene.

Is this a citable case on BAILII? Sherforce would have lost the case anyway because the rule of prima facie applies.

HCEO collecting? £600 is an expensive ticket. Has anyone had a private parking ticket transferred up to the high court?

Hang on a sec, (sorry OP to hijack). Do you mean a private company asks you to pay and enforces tickets under the Civil procedure Rules? a 20p overstay is an actual loss for amounting a claim for £100 in the small track? A defence could be Schedule 2(1)(e) of the The Unfair Terms in Consumer Contracts Regulations 1999. Worse still, fraud by falsely representing the claimants true estimate of his costs - difficult since solicitors fees are not recoverable in the small track. Do these parking companies actually file a claim for unpaid tickets? its a very expensive way to go about it, and CCJ bailiffs have very little power recover the money - the claimant pays the £40 bailiffs fee.

queensclose Can you keep us updated as to your progress. Private parking tickets is something I know little about. Can anyone point me to the legislation that sets procedures and enforcement regulations for parking tickets issued by private companies.

The law says the council must send you a "final notice" or a "reminder" by post to your current address before making an application to a magistrate for a Liability order against you. As there is compelling evidence the council failed to do this, you can ask the council to roll the case back to pre-liability order stage and cease enforcement action immediately. Pay the council direct. DO NOT contact the bailiff. See if the bauiliff is genuine, enter his name here: http://www.hmcourts-service.gov.uk/CertificatedBailiffs/

The law prescribing bailiffs fees for collecting unpaid business rates is Regulation 3© of the Non-Domestic Rating (Collection and Enforcement) (Amendment and Miscellaneous Provision) Regulations 1993 and The Council Tax and Non-Domestic Rating (Amendment) (England) Regulations 2006 1st Visit £24.50 2nd Visit £18.00

Is this a parking violation on private land? or is this a council parking ticket? Get the PCN number and Phone TEC 08457 045 007 Your photobuck image is not working

No need to challenge them, they can be just disregarded because the law sets the charges, and if they are unlawful then the debtor doesnt have to pay them. No need to do a sar, the law decides what his fees are. There are no costs (because no goods levied) and in any event, a sar is about seeing what personal information a company holds about you. A breakdown of fees is not personal information I see a simple resolution, the debtor doesnt have the money, the bailiff cannot do anything let alone collect his fee. The creditor would have been sold an expensive transfer up service by the bailiff company so any dispute of non-performance of the bailiff is a matter between bailiff and his client.

No. Let the creditor pay the costs of making her bankrupt. Bankruptcy is relief for the debtor, not the creditor.

Bottom line is if she doesnt have the money, then nothing is going to happen. Its a dead case for the bailiff. I wouldnt let this bother you.

I wouldnt take too much notice of those fees. The law prescribing fees chargeable by a High Court Enforcement Officer (HCEO) for collecting unpaid debts is Schedule 3 of Regulation 13 of The High Court Enforcement Officers Regulations 2004. Where the sum due is £100 or less - 5% Above £100 - 2.5% Mileage Charges - 29.2p per mile Max £50 Its common practice for HCEOs to charge additional fees according to a list and pretend the debtor is liable to pay them. This is not true and you simply dont have the pay them at all. This is the old HCEO's chestnut of adding fees described as "misc" or "miscellaneous". He is trying to use Section 12 of Schedule 3 of the regulations which actually reads: The bailiff is actually trying it on. So no costs order then zero costs. If he says he has a costs order but you find out he hasnt, then he commits an offence under Section 40 of the Administration of Justice Act 1970.

Observer Ltd vs. Gordon [1983] 2 Alt E.R. 945, 949. This case ruled that if a bailiff has a reasonable belief that the goods that he lists on a Walking Possession are owned by the debtor, then these goods can be seized. Hand this to the HCEO and send a copy by post (do not use recorded delivery). While the HCEO is standing there reading it, take his photo using your mobile as proof of delivery.

Technically no, Source: (not authorative) http://www.insolvencyhelpline.co.uk/debt_basics/bailiff-guide.php#bg11 but they do.

The council has its facts wrong. Their bailiff cannot charge any fee for aborted work. JBW Enforcement Ltd v City of Westminster [2009] EWHC 2697 (QB), the Judge, Mr Justice Jack said: Source: http://www.bailii.org/ew/cases/EWHC/QB/2009/2697.html Further, if a bailiff charges a fee for work not done then he commits an offence. Source: http://www.publications.parliament.uk/pa/ld200607/ldhansrd/text/70420w0001.htm see under Crime Fraud

This debt is not on any credit files. I think OFT664 prohibits a debt to pass to multiple debt collectors, and it could be an offence under Section 2 of the Fraud Act 2006 to pass the debt to another debt collector pretending the debt is genuine.

If they choose to ignore your letter then they commit an offence, (under the mens rea burden of proof) You must get a stamped certificate of posting at the post office counter when you send your letter. Do not use recorded delivery.

I appreciate your best efforts, but you really must keep your letters brief. No essays. Im not intending to be negative, as I too want you to achieve your goals. But this is how I would go about the above letter. DO NOT send by recorded delivery. Get a stamped certificate of posting at the post office counter.

One line would have been enough.

Update: Letter today:

The law says the council must send you a "final notice" or a "reminder" by post to your current address before making an application to a magistrate for a Liability order against you. You have indicated the council failed to do this, so you can ask the council to roll the case back to pre-liability order stage and cease enforcement action immediately and revokes all the fees. The law is Section 33(3) and 34(1) of the Council Tax (Administration and Enforcement) Regulations 1992, http://www.legislation.gov.uk/uksi/1992/613/regulation/33/made Contact the council and ask them to comply with Regulation 33(3) and 34(1), but if they are unable or unwilling to do so, then ask the council to revoke the Liability Order under Section 82 of the Local Government Act 2003 because there is no summons. If the council does not cooperate then you can ask the Local Government Ombudsman to intervene. You can even ask for compensation, the award of this type of non-compliance by a council is typically about £100. Awards can be more if you received a bailiff or paid money to one. Also, contact your local councillor and get him on side and show him the above information.

The law prescribing bailiffs fees for collecting unpaid parking tickets is Schedule 1 of the Enforcement of Road Traffic Debts (Certificated Bailiffs)(Amended 2003) Regulations 1993. Letter Fee £11.20 - If letter arrives after first visit is made then its £0.00, if a bailiff says he sent a letter, you have a right to see the Certificate of Posting which has been date-stamped by a postmaster. This is not the same as a proof of posting. Levying Distress up to £100 (excluding bailiffs fees but including court fees) - £28 If the bailiff is trying to overcharge you with his fees then you dont have to pay them.

Contact the magistrates court and make a statutory declaration. DO NOT pay the bailiff anything, they are only trying it on to screw you over with their fees. Make a complaint addressed to the court manager the bailiff has falsely represented you owe more than you than the court says. Its an offence under Section 2 of the Fraud Act 2006. Officially bailiffs cannot charge you "fees" for collecting an unpaid fine. http://www.hmcourts-service.gov.uk/courtfinder/forms/ex345.pdf On page 3 under Magistrates courts. It says bailiffs are not allowed to charge you more than the amount you are fined. You did the right thing. Speak to the court manager. Be very polite. Stop! DO NOT phone a bailiff. You may be classed a vulnerable person for the purposes of civil enforcement. A vulnerable person means http://www.dca.gov.uk/enforcement/agents02.htm#part10

Somebody was given an on-the-spot penalty for dog fouling and they gave your name and address to the dog warden. Phone the magistrates court in the morning and say you want to make a statutory declaration and they will tell you what to do. DO NOT pay the bailiff anythng. They will just try and screw you over with their fees.