PLS HELP. Bailiff just called me and said Out of Time Declaration doesnt count!

[greeneggsandham]

Hello, I'm new to this site and would be very very grateful for any advice.

I had a phonecall from my ex-landlady a few weeks ago and was informed that a Drakes bailiff had paid a visit to the house (dropped a letter through early morning); when I called I was told it was in relation to an unpaid parking fine.

I agreed with the bailiff to pay the £360 fine on 1st November via debit card.

I called and paid the fine as agreed but subsequently received a phone call the next day to say that they don't accept my card (electron.)

 

As we've moved about 40-odd miles away the bailiff wasn't too keen on coming out and asked when/if we would be in the vicinity next. I explained that we rarely were but that also my son had, quite probably (we were waiting for a final diagnosis from Gt Ormond St.), M.E.

I have twice cancelled going over to our old area as my son has been ill and have asked the bailiff if I can pay the money into a bank etc. She tells me no, that's not possible. She now is getting a bit testy and tells me she "can't let this go on any longer" and I've got to meet her 30miles away tomorrow.

 

OK, here's the stupid part, we have used some of the money due to them to pay for my son to see a medical herbalist to see if that can give him some relief so I don't actually have all their money now either.

 

I cannot, just cannot, let them take my car with my son the way he is and I wondered if it was worthwhile contacting the council (who have been very good in the past) and asking them if they would accept a 3wk delay in payment? Does anyone know if that is feasible? Can the council intervene? I am so scared that they will take my car. I really would appreciate some advice.

 

Many thanks

[sequenci]

Where was the original parking ticket issued?

Was it a Magistrates' Court or via the Traffic Enforcement Centre (Northampton)

[greeneggsandham]

I don't actually know. I've never seen the warrant as it went to my old address. The parking ticket was just that, a ticket on the car...but I think it in the move it got forgotten and now it's come back to haunt me!

Sorry, it that really useless?

[Guest 10110001]

This is probably a Northampton case, not a magistrates fine.

 

TomTubby can check the bailiff register & make sure they are legitimate and their fees are bona-fide.

 

Whatever you do DO NOT give the bailiff your new address! Contact the council and offer to settle direct, and if they refuse saying its in the hands of the bailiff, then there isn't much the bailiff can do.

[greeneggsandham]

Hi, I've just emailed the council to ask them if I can postpone payment for a few weeks. The bailiff already has the new address as my ex-landlady gave it to them. I'm hoping to hear back from them. Thanks again for the replies.

[John McKenna]

Did you receive the original Penalty Charge Notice after debt registration with Northampton CC before you moved?

 

Has the bailiff given you a breakdown of the fees?

 

Has your ex-landlady only had one visit?

[Guest ChloeJane]

Hi there,

 

Just reading your post.

 

Firstly, if you moved and did notify DVLA then they would have the new address. Often warrants are issued in the old address as at the time of issue, it will reflect only this.

 

Under the circumstances as you did not know about the fine and while you have intention on paying, it is also the councils responsability to make sure that you are aware of the matter. If this is genuinly the first time you knew about it, when the Bailiff called then I would be inclined to fill out a statutory declaration and out of time stat dec.

 

It is a simple process and I will give the links at the end of this post.

 

You do need to have them signed by a Solicitor which will usually cost £5, or you can have it done FREE at your local court which a link will also be provided below.

 

The statutory declaration is you declaring that you had no knowledge of the matter as you had moved. By filling them out and faxing them to the Court, you are putting across in a declaration why you have not paid the matter and why it has gone to Bailiffs. That if they had the right address and you would have known, you would have no doubt paid.

 

You will still have to pay the fine, there is no dispute that money is owed, but the state of the fine will be looked at and if your arguement for moving and the dates uphold, the fine will revert back to an original state. (the after 14 day state is the norm - not the original parking amount).

 

Under the circumstances, I believe this to be your best option. You are not avoiding payment but clearly the move caused the issue of break down of communication for the fine to be paid. If you need help filling in the forms or unsure of how they are worded, come back and post and I will happily help.

 

Once the form is lodged, the Bailiff action is suspended till a decision is made.

 

The forms and fax number to send the forms to once completed is here.

 

To phone TEC and ask for help on how to fill out the forms click here.

 

The addresses for local courts are here.

 

If you need further help, post back.

 

Councils hold responsability to not just instruct bailiffs but ensure you receive communication. Trust me the process is quick and at least you are passing responsability back to the Council for their part in the matter.

[MARTIN3030]

So no breakdown of fees and no warrant ?

How can you agree to pay something you dont know is legitimate ?

[Guest ChloeJane]

Its called fear and intimidation! Tactics is all it is and to disempower people is the skill.

 

Bailiffs pray on your vulnerability and fear and the shock factor nothing more.

 

I realise when you have a 6ft bold person at your door it is hard and when you deal with a telephone call centre that are also assertive you often feel your choices are so few. They are in fact many!

[Guest 10110001]

There is nothing unlawful about that - unless you paid a bailiff with a CREDIT card. Its a nifty way to get that 6ft menacing man at your door to leave.

 

Any transaction regulated by the Consumer Credit Act 1974 can be recovered from the bailiffs merchant account with a chargeback.

 

Ask your bank for a chargeback form and give as many of the following reasons.

 

1. Charging a credit card processing fee - this is called a Prohibited Fee - not allowed.

2. Applying undue pressure - such as threating you with taking goods, charging more fees if you don't pay according to a deadline, jamming foot into your door to stop you closing it.

3. Making a false claim to persuade you into making the transaction - we are collecting a fine and we are from the courts - the most common

4. Overcharing you in fees - e.g. charging a attending to remove fee on 1st visit or walking possessions agreement without you signing one. These are very common & its fraud, these are often abbreviated on the receipt and S.A.R - (Subject Access Request)'s to confuse less informed consumers so they are unaware they have beed defrauded.

 

Remember to settle the debt direct to the council. Bailiffs cannot return to enforce the same debt twice.

 

Ive never been a victim of a bailiff personally, but Ive paid other peoples bailiffs demands with my own credit card and all three times I recovered it with a chargeback because I later found an iregularity in the bailiff fees.

[seanamarts]

firstly is this a council PCN, if so then read on.

I had the same problem with the council sending out the warrant to another address. Did you get a NTO from the council for the PCN. If not you can ask that the council take back the warrant and ask for it to be passed to NPAS for appeal. Even if you were parking in the wrong place to get a ticket there are certain procedures that the council have to go through before chasing you up with a warrant. Before you decide to meet with this bailiff I would suggest contacting the council in writing to explain that you had moved and did not have the chance to appeal the PCN, tell the bailiff that this is the course of action you are going to take and until you get it dealt with by the council.

 

Im a bit miffed at the fact that you have to travel to meet this bailiff, they have bailiffs working all over the country, and the fact that the amount in my opinion is wrong, Drakes have a habit of charges the wrong fees.

 

Have a read of the thread 'Bailiff assaulted me ' it may help

good luck

[greeneggsandham]

Hello everyone. I just wanted to say thank you to you all for your help and support. I have just spoken to someone at the council and informed that I genuinely do not remember receiving any info on the parking fine.

As you have been so kind to point out already they have suggested I lodge an "out of time" document which I'm going to do straight away (thank you ChloeJane for your links, they have been great.)

 

I can't quite believe I got in this situation. Never ever again!!

 

Thank you all once again!

[greeneggsandham]

Hi, would be so grateful for any help.

I posted another thread detailing that I'd receiving a bailiff's visit, to a previous address, and that I'd contacted them and it was in relation to an old parking fine (not incurred by me but I'm responsible for it.)

 

I spoke to the council who were very helpful and said I could apply for an out of time statutory declaration on the grounds that I hadn't received the original notice to owner.

I have done this yesterday.

 

I have literally JUST had a phone call from the actual bailiff who immediately start in with "my boss has spoken to the council and they've changed their mind and you're still going to have to pay this"

So I said that I had lodged the OOT etc and I knew that legally the action had to be suspended (as the council told me) but I'm terrified now that tomorrow morning they'll clamp my car or something?

 

Does anyone have any advice? She asked me if I had a copy of the OOT form that I'd sent and I said Yes-as I do!

 

Can they do anything now? She said that someone at the council said they weren't going to take the OOT and that I still had to pay regardless to the bailiffs??

 

Please help!

[Guest ChloeJane]

Hi there,

 

Please, don't worry. I know that is little comfort but if you faxed the forms, then legally the action is suspended.

 

Phone TEC tomorrow and ask them for verification that it is lodged. The Bailiff is only annoyed as right now, she/he loses money from what you have done.

 

So ignore the person and ring the council in the morning, tell them you have filed the stat dec and that you await notification.

 

Make sure that TEC received a copy of the fax. Honest, they are just trying to intimidate you. If they turn up, as long as TEC has your fax, kindly tell them that their money is elsewhere and they have no right to trespass on your property till TEC reply.

 

 

** Just to add ***

 

When you fill in the OOT application pack, the matter is suspended and TEC write to the Coucil for a reply. Untill that reply is given, the matter is suspended till you hear otherwise.

[greeneggsandham]

Thanks ChloeJane; you also gave me some great advice on my initial thread.

I will call to check tomorrow morning but I have also just sent an email to the council just to make sure.

 

Thanks again

[tomtubby]

Could you let me know the name of the bailiff who has contacted you so that I can search our database to ensure that he or she is certificated. Please only provide this info by PM ONLY.

[rambo]

Every late stat dec I have ever filled has been found in my favour and the cost knocked back down to original PCN cost.

Bailiffs hate it when you know the law!.

[Guest ChloeJane]

Agreed Rambo!

 

Bailiffs do not like people knowing the law as that is how they benefit.

 

The law has been set down for charges and if you do not know them as many posts here state, they take advantage!

 

Parking fines do get under my skin and Bailiffs like to disempower people with lack of knowledge. So for anyone, that has genuinly received not a single reminder or did not know about a ticket, then click on the link below and send it back to the issuer. THE COUNCIL

 

OOT PACK - click here for the LINK

 

Make sure you telephone with the Court on the contact details after faxing!

 

I wish more people knew that this was an option.

 

 

[Fizzgig]

Can they do anything now? She said that someone at the council said they weren't going to take the OOT and that I still had to pay regardless to the bailiffs??

 

Even if the Council reject your out of time application, you will be given the opportunity to file an N244 with the county court and a judge will decide whether the application will be accepted.

[londonblue]

The bailiff already has the new address as my ex-landlady gave it to them.

 

Oh, hoorah for ****wit landladies!