Parking fine results in Bailiffs

[Fair-Parking]

Nurse Caz - I gave you advice in your last thread and received no reaction to it. Take it from me and through a world of practical experience dating back over 25 years, that the advice remains exactly the same.

 

You are allowing this nasty little man the satisfaction of knowing that you are dancing to his tune. From playground to present, standing up to bullies is by far the best way of nullifying them.

 

He is a private citizen working for a private company and therefore has very little power under the law.

[NurseCaz]

thank you guys for your advice, for now I will sit tight and take all the advice I am given on here. I think that I will now have to wait for a response from TEC and also a response from the bailiffs regarding the fees (SAR request).

Am still checking the forum several times a day for any further advice or info - thanks so much!

Caz x

[Pimlico]

Hi Caz

 

Lets just hope that the bailiff one day ends up on your ward!!! These people have no compassion most of the time and trade in human misery! What a complete and utter waste of your time which would be better spent with your family or working on your studies! Being a student nurse is not easy at the best of times without all this nonsense from some thug! You're already doing your bit to society working for free on the wards for the NHS!

[robin9342]

Other thing I am worried about, if my children opened the front door, can the bailiffs just come in? Is there any rules that say they cant pass my children at the front door?

A bailiff can only be invited in by a responsible adult. Any levy obtained if a child answers the door and the bailiff enters would be invalid.

 

if your kids are under the age of twelve the bailiffs cannot come into your property and execute a warrant whilst the kids are prersent.

I think you are mistaken. As long as a responsible adult is present, answers the door and allows the bailiff entry, then the bailiff can seize goods. Of course, better to lock all windows and doors and not let the parasites in at all!

[kermit2482]

A bailiff can only be invited in by a responsible adult. Any levy obtained if a child answers the door and the bailiff enters would be invalid.

 

I think you are mistaken. As long as a responsible adult is present, answers the door and allows the bailiff entry, then the bailiff can seize goods. Of course, better to lock all windows and doors and not let the parasites in at all!

 

 

Indeed correct!!!

 

Caz you have pm and i hope i have been of some assistance to you so far.

[robin9342]

Indeed correct!!!

Ah, Kermit. I'm pleased to see that you agree with me that the bailiffs, in this case, are indeed parasites!

[surfaceagentx20]

If an application is pending at the TEC and a decision has not yet been made, the warrant should have been suspended by the LA and the bailiff should remain in the background. If the bailiff is still making a nuisance of himself, either [1] the TEC has reached a decision but you haven't been informed, or if no decision has been reached, [2] the LA have not informed the bailiff the warrant is suspended or [3] the bailiff has been informed by the LA but is a complete b*

 

At the stroke of 10:00am on Tuesday, ring the TEC and get the latest.

 

x20

Edited September 20, 2008 by jonni2bad

[NurseCaz]

thank you very much for your replys.

I cant call tec til wednesday as I am working all day on tuesday and have no phone access....

But I will def call them wednesday to see whats happening...

Thank you all so much for all this advice - I appreciate the time it takes and cant believe that you all spend time to give strangers such good advice!

Thank you again

Caz x

[NurseCaz]

UPDATE: Thanks to help from tomtubby, it now looks like my out of time request has been accepted as the council failed to respond within the time limit allowed!

However, i also received today a receipt from the bailiff company for my £10 postal order that I sent with the SAR. They have used it for the debt! I assume that they will not now give me a breakdown of the fees - whats my next step regarding this?

Thanks

Caz

[letsmakeamark]

See what happens and post back.

[NurseCaz]

Should I phone bailiffs office and ask if they are sending me breakdown of fees?

 

Thanks

Caz

[letsmakeamark]

No keep quiet and 5 days before their time is up send them a chaser letter reminding them of the time left.

[kermit2482]

No keep quiet and 5 days before their time is up send them a chaser letter reminding them of the time left.

 

Indeed and good on you Caz

[NurseCaz]

ok... so I had a reply from the bailiffs today...

 

Refused to tell me bailiff certificate number or court where he was certificated (??) at, just gave me his name.

Refused copy of warrant - said that both of these were available to me at the door as bailiff had copies of both which is required by law. However they said that they are not required to send copies to me now.

 

They have explained their fees as follows...

 

Original Debt £95

Letter application £13.26 inc VAT

Visit fee 18/06 11.22am £34.94 inc VAT

Attendance charges 18/06 11.22am £141.00 inc VAT

Visit fee 24/07 09.10am £44.72 inc VAT

Attendance charges 24/06 09.10am £141.00 inc VAT

Visit fee 26/08 09.40am £52.25 inc VAT

Total £527.07 inc VAT

 

Can anyone comment on these fees - although it looks like my dealings with bailiff could be over - I dont want to leave this now...

 

This person has frightened my children, we left our home for a couple of days, my children knew it was because of bailiffs. They shouldnt have to be scared of bailiffs at 7 and 9 years old!!! They saw their mum crying because of how this man had spoken to her etc and are now worried incase he comes in during the night!

 

I really want to take this further - but dont know if I have a case?

 

Main points I think that spring to my mind are....

 

the extortionate fees

the way that he gave us a deadline and then took it away - because in his own words "because he felt like it".

To begin with we offered £200 payment off of what we owed and he said no. Wanted it all imiediately!!!

 

Any thoughts or advice would be greatly appreciated.

 

Thank you

 

Caz

[kermit2482]

Caz take the recordings to the CAB and ask their opinion, in some cases the CAB have good solicitors on board that might be prepared to take the case on, the very fact of what the bailiff had to say to you was diabolical and very unprofessional, i would even go as far as to say harrasment.

 

The fees as far as i can see are pretty much statute for parking unless of course these visits were not done, however this would be hard to prove, personally i would just go for the bailiff and try and get his ticket revoked, People like this should not be allowed to represent the councils!!

 

Good luck and please let us know if you go the CAB

[NurseCaz]

u think the fees are normal?

I dont understand what the actual name for certain visits is. ie - attendance charges, visit charges etc.... The only thing I know is that I have never been at home when the bailiff has turned up. I have had 3 letters through my door, each one stating that I had 24 hours to pay or a removal team would attend out of office hours.... Nothing else at all happened....

Do these fees cover that?

 

I dont think I will go to the CAB - Tomtubby has been ever so helpful to us with these problems. I am happy to follow any advice she can give as I know she knows everything there is to know about the bailiff business!!!!

 

thanks for all advice

 

Caz x

[kermit2482]

u think the fees are normal?

I dont understand what the actual name for certain visits is. ie - attendance charges, visit charges etc.... The only thing I know is that I have never been at home when the bailiff has turned up. I have had 3 letters through my door, each one stating that I had 24 hours to pay or a removal team would attend out of office hours.... Nothing else at all happened....

Do these fees cover that?

 

I dont think I will go to the CAB - Tomtubby has been ever so helpful to us with these problems. I am happy to follow any advice she can give as I know she knows everything there is to know about the bailiff business!!!!

 

thanks for all advice

 

Caz x

 

Caz parking charge fees differ very slightly to council tax fees, ie vat and things come in to it, as for the wording used an attendance fee should mean just that, ie they have been ie first and second visit, attendance to remove equals a ( van call )

 

As for not going to the CAB fair enough and i know TT's advice is good advice, Is TT going to assist you with a complaint though??

[robin9342]

Caz parking charge fees differ very slightly to council tax fees, ie vat and things come in to it, as for the wording used an attendance fee should mean just that, ie they have been ie first and second visit, attendance to remove equals a ( van call )

 

As for not going to the CAB fair enough and i know TT's advice is good advice, Is TT going to assist you with a complaint though??

 

How can they be charging an attendance fee and a visit fee at the same time on the same day?? And thats even if they did attend, which appears unlikely.

[kermit2482]

How can they be charging an attendance fee and a visit fee at the same time on the same day?? And thats even if they did attend, which appears unlikely.

 

 

Indeed you are correct its either an attendance fee or a van call fee not both, however as Caz has explained she was never in when bailiffs turned up, also As you rightly say and i agree we only have the bailiffs word for the fact that these visits occured in the first place, however i know all our vehicles do have trackers on them and are checked regularly..

[kermit2482]

Caz, i think what Robin refers to on closer inspection is the fees that have been added on the 18/06 a fee for attendance plus van call has been charged, this is clearly exessive and not right, you DO have a case here too, hopefully TT will assist you where necessary!

[robin9342]

Indeed you are correct its either an attendance fee or a van call fee not both, however as Caz has explained she was never in when bailiffs turned up, also As you rightly say and i agree we only have the bailiffs word for the fact that these visits occured in the first place, however i know all our vehicles do have trackers on them and are checked regularly..

Therefore the bailiff has acted fraudulently. Additionally, the attendance charge has to be reasonable. I think most would agree that £141 is not reasonable: I can hire a van for a whole week for that figure!

 

Caz also said that the letters read "that I had 24 hours to pay or a removal team would attend out of office hours". This implies that the bailiff was not attending "with a view to remove", rather that they would return to remove on a different day. Therefore attendance charges do not apply, only visit charges. I would suggest that at least £282 of the fees are illegal.

[kermit2482]

Therefore the bailiff has acted fraudulently. Additionally, the attendance charge has to be reasonable. I think most would agree that £141 is not reasonable: I can hire a van for a whole week for that figure!

 

Caz also said that the letters read "that I had 24 hours to pay or a removal team would attend out of office hours". This implies that the bailiff was not attending "with a view to remove", rather that they would return to remove on a different day. Therefore attendance charges do not apply, only visit charges. I would suggest that at least £282 of the fees are illegal.

 

I refer you to the post above your last Robin

[robin9342]

Just giving more detail

[NurseCaz]

Caz also said that the letters read "that I had 24 hours to pay or a removal team would attend out of office hours". This implies that the bailiff was not attending "with a view to remove", rather that they would return to remove on a different day. Therefore attendance charges do not apply, only visit charges. I would suggest that at least £282 of the fees are illegal.

 

This was my thoughts as well! IF the letters all state that they were giving me 24 hours to pay otherwise a removal team would attend, then surely the removal team haven't attended!!!

Otherwise I would have come home to a letter stating that a removal team HAD attended?

 

I must say what funny banter this site sometimes has between members!!! Very entertaining for the rest of us to read!!!

:grin:

[Pimlico]

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Edited August 29, 2008 by Pimlico
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