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Bailiff Advice

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Bailiff Advice last won the day on July 8 2016

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  1. Although the advice that you have provided is helpful, the fact is; once a warrant has been issued and passed to bailiffs, it is extremely rare for any local authority to agree to 'waive' enforcement fees and accepted payment direct. In your particular case, you mention that you have submitted an Out of Time witness statement. Did you contact the council and ask if they would accept payment direct (minus bailiff fees?)
  2. Welcome to the Consumer Action Group forum. The application that you are referring to is called an Out of Time witness statement (or; depending on the actual type of contravention; an Out of Time Statutory Declaration). Crucially, before being able to submit such an application, our poster; Cosmicdancer would need to know what type of contravention the Penalty Charge Notice relates to. I have asked him to contact the council for this information. He hasn't as yet responded. If the debt is for 'parking', Dart Charge or Merseyflow penalties, the forms required would be TE7 & TE9. If on the other hand the penalties relate to 'moving traffic offences' (bus lane, box junctions etc), then forms PE2 & PE3 would be required. There is a significant difference between both applications. Forms TE7 and TE9 can be submitted to the Traffic Enforcement Centre by email and as long as they are received at TEC by 4pm, will be PROCESSED that day and bailiff enforcement would be placed 'on hold' by early the following weekday. Forms PE2 and PE3 would need to be printed off and taken to either a County Court or local solicitors to have the signature witnessed. The sworn forms would then need to be scanned and emailed to the Traffic Enforcement Centre. Secondly, there is actually no need at all to telephone the Traffic Enforcement Centre. The forms are available to download from their website. When calling TEC you do NOT ask THEM for permission to file an Out of Time application. It is the LOCAL AUTHORITY who make the decision whether or not they are wiling to accept the witness statement being submitted late. If the completed forms are submitted to the Traffic Enforcement Centre by 4pm, the motorist will receive an email from TEC as confirmation of safe receipt. A letter outlining the decision (on whether the council are willing to allow you to file your witness statement LATE) should be received around 4 weeks after submitting the forms. Lastly, as Cosmicdancer has 8 penalty charge notices, he would be required to submit a separate Out of Time application (Forms TE7 and TE9) for EACH penalty. Furthermore, each application MUST be sent by individual email to TEC.
  3. In this particular instance, Marston's are enforcing a High Court Writ of Control on behalf of Southern Water.
  4. You mention that your name is Mr D Axxxs and the person named on the warrant is a Mr D Rxxxs. I cannot see how you would consider that the names 'are similar'. They are not. A council tax bill with your name should be sent as soon as possible.
  5. In addition to the notices on the car, you would have also been sent approx. 3 letters for EACH penalty (Notice to Owner, Charge Certificate and Order for Recovery). As you have the PCN numbers, have you visited the local authorities website to see whether they have pictures of the contraventions?
  6. i wouldn't worry too much about uploading the letters. It is clear that you have incurred 5 penalty charge notices for various road traffic contraventions over a period of just 2 days. Each Notice of Enforcement should provide a brief description of the contravention (parked without displaying etc and parked in loading bay). Each of the contraventions relating to 'parking' would have meant that notices would have been stuck on your windscreen. Gone are the days when hooligans would remove tickets left under windscreen wipers. Now, tickets are enclosed in a sticky backed envelope and trying to remove them is not that easy. I am assuming the other contraventions may have been for what is called a 'moving traffic' offence (driving in bus lane etc). As you had received one notice from the council before Xmas, I would assume that the address held for you at DVLA is correct? Have you moved in the past year or so? Have you checked to see that your V5C (Log Book) is correctly registered to your address?
  7. If fees have been charged when they should not have been, the regulations do indeed provide for what is called 'Detailed Assessment'. This is where an application is made to the court and a Judge will examine the fees charged to establish whether or not there has been any overcharging. In the first instance, such an application is not free. There is a court fee of around £300. With the recovery of council tax arrears, magistrate court fines or unpaid parking penalties, Detailed Assessment applications are almost unheard of. This is because; the fees chargeable are clear as day (£75 Compliance Fee and £235 Enforcement fee). Detailed Assessment may be more common in cases of High Court enforcement. Such applications can also be very risky for individuals. Without exemption, High Court enforcement companies will employ barristers to represent them at hearings. You will not find a solicitor wishing to represent you with such an application on a 'no win, no fee basis'. In 2014, when the regulations were overhauled, a major change took place in that all High Court Enforcement Officers were required to obtain a bailiffs certificate. Accordingly, if there has been any wrongdoing (such as charging excessive fees) a complaint can be made against the individual to the County Court that grated his certificate. There is no fee to pay. However, before even considering this route, it is important that you write to the enforcement company to ask them to explain in detail what steps were taken by them to justify charging the Second Stage fee and Sale Stage fee. In your letter I would suggest that you point out that you require this information because, at this present time, you are seriously considering making a formal complaint to the County Court that granted the certificate to the officer.
  8. Given the popularity of this forum, I should perhaps mention that sadly, it is becoming more and more common to find High Court enforcement companies routinely attempting to charge either the Second Stage fee or both....and I can see why. I don't intend to mention any particular company name (as regulars on here will know precisely which company I am referring to) but there is one company in particular who are known to request ALL fees at the initial visit. And they attempt to charge such fees as soon as they arrive at the property. With the public unaware of their rights, they get away with it...and in doing so, other companies will try to follow suit.
  9. I have been very vocal on the subject of High Court fees for at least 12 years and when the regulations were overhauled in 2014, I also complained about the fees at the Consultation stage. What has made the position worse is the misleading wording from Item 7.3 of the statutory Explanatory Guidance that supports the fee scale (see below): The first stage fee was correctly applied. The problem arises with the second stage fee and the sale stage fee. As outlined under item 7.3, if the agent was 'unable to enter into a controlled goods agreement'. he can only charge the second enforcement stage fee (of £594) if he is able to 'take control of goods in another manner'. If he is able to do so, arrangements can then be put in place for the removal of those items. In which case, the Sale & Disposal fee of £630 could well apply. In your particular case, the agent was UNABLE to take control of any goods at all. Therefore, he cannot and must not charge anything more than the Stage 1 fee. I will make a further post this afternoon regarding the steps that you should now be taking.
  10. I do apologise for not replying sooner but the nice weather is too nice to miss I'm afraid. If I am not back later, I will certainly be responding in detail tomorrow. As you have already paid, there is no actual pressure on you.
  11. An odd question you may think but an important one. The enforcement officers came into your car. How much roughly is the car worth and is it subject to finance?
  12. If this was the only visit made and no inventory taken, then only the Stage 1 fee should be charged. The stage 2 fee of £594 is highly questionable and with regards to the Sale Stage fee of £630...….needs to be removed.
  13. The Police would not have been able to assist them to gain entry into your residential property. That is a FACT. This is merely a CIVIL debt. If it had of been a criminal debt (for example; an unpaid magistrate court FINE), then entry could be gained into your property by force. The only asset that the officer could possibly have seized would have been your vehicle. With no previous visit and no inventory made, it is even more important to obtain a breakdown of fees charged....and quickly.
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