bailiffs and pcn

[lozzeparker]

hi all

i got pcn from kingston council i appeeled but was truned down

i didnt pay.It eventully went to county court then to a dca they demanded

£167.88 i agreed to pay by installments of 56.22 every 31 days starting on 1st of each mounth

made 1st payment on time. 2nd payment was made on the 19 of the next mounth of £114.00 to clear debt

on 20th of that mounth a bailiff deliverd undated letter asking for£391.00 He returned on the 24th.

he posted a dated letter asking for £508.47.i rang bailiff and told him i had payed in full before he came round and not going to pay any more .now 5 weeks later i get two letters for removel of your goods.

what can i do now. do i dispute debt.

[lozzeparker]

hi all i got pcn from kingston concil i appeeled but was truned down

i didnt pay.It eventully went to county court then to a dca they demanded

£167.88 i agreed to pay by installments of 56.22 every 31 days starting on 1st of each mounth

made 1st payment on time. 2nd payment was made on the 19 of the next mounth of £114.00

to clear debt .on 20th of that mounth a bailiff deliverd undated letter asking for£391.00 .He returned on the 24th

posted a dated letter asking for £508.47.i rang bailiff and told him i had payed in full befor he came round and not

 

going to pay any more .now 5 weeks later i get two letters for removel of your goods.

what can i do now do i dispute debt.

[tomtubby]

We are finding this is happening all of the time. I am unsure from your post whether or not you were late in making the agreed payment for the second instalment. Can you please confirm.

The bailiff can charge a maximum of three visit fees for the collection on an unpaid PCN and in your case the charges should be as follows:

Ist visit: £46.54

2nd visit: £56.70

3rd visit: £59.82

As a matter of urgency you need to contact the bailiff company to demand from them an explanation as to how the fees have increased to such an extraordinary amount. In addition you need to request a copy of the screenshot of your account as proof of any alleged bailiff visits.

It is very important to make sure you do not leave your vehicle outside of your property until such time as this matter is resolved.

Finally, which bailiff company is this relating to?

[Guest Happy Contrails]

in your case the charges should be as follows:

 

Ist visit: £46.54

2nd visit: £56.70

3rd visit: £59.82

 

Under what legislation?

[%Ostrich%]

Under "The Enforcement of Road Traffic Debts (Certificated Bailiffs)(Amendment) Regulations 2003)" for a £155 PCN.

 

I'm surprised you didn't know that Happy Cocktails.

[Guest Happy Contrails]

Im familiar with the legislation, but it doesn't prescribe visit fees quoted above.

[%Ostrich%]

I think you need to do a little more background research Cocktail.

 

The fee structures are common knowledge.

[tomtubby]

Im familiar with the legislation, but it doesn't prescribe visit fees quoted above.

 

You are correct J that the regs do not prescribe the actual amount...you have to get your calculator out to get the figures.

 

You will find the changes to the Statutory Regulations under SI 1857 of 2003.

 

The fees for vistits are actually quite simply to calculate as the regs provide for the visit to levy a being 28% of the debt.

 

Put simply assuming the PCN had increased to £150, you then apply the £5 TEC fee (£155) and then add to this the one Statutory Letter Fee of £11.20. Add VAT to the letter fee which is £1.96 (see note below). The total should be £168.16. This is the figure that needs to be multiplied by 28% to get the 1st visit fee.

 

PS: We are finding the bailiffs are continuing to charge VAT at the OLD RATE of 17.5% instead on the reduced amount of 15%. Be aware...

[citizenB]

Have merged the two threads you had lozzie:)

[Fair-Parking]

So which part of the 2003 Act overrides the requirements of the Data Protection Act 1998 in allowing third party bailiffs access to your private details previously obtained by a council?

[Dougal16T]

Best question I have heard!!

 

As ever

 

Dougal