Philips Bailiffs - seatbelt fine!

[Bellrooster]

Hi I wonder if someone could give me some advice on behalf of my partner who has been fined for driving without wearing his seatbelt - forgotten about the fine, and is now being persued by Philips the Bailiffs.

 

The Original fine was for less than £50 and now stands at £300. The Bailiff will not accept part payments. He's now saying he's going to apply for a warrant to arrest my partner.

 

we have spoken to the court and they say that they have given the Bailiff a clamping order, that the Bailiff has been instructed not to levy on goods or anything similar. That it is just a clamping order.

 

The court wants £145 and we offered to pay them directly but they won't accept the payment. We tried to make the £145 payment to Philips and they won't accept it either.

 

My OH is at work now, and I'm home alone with my young child, and I'm really nervous if I'm honest. What shall I do?

[lisadp1970]

It is for a clamping order on your partners car yes? Has he got the car with him at work? If a bailiff turns up tell him that your partner is not home and to please leave the property quietly.

 

I am sure that someone more up to speed than I am will give you clearer guidance soon, please try not to worry.

[Bellrooster]

Yes, it's actually his Van - He's a Joiner so it's with him at work

[lisadp1970]

You may find that they cannot take his van if he needs it to make a living, I am sure that someone will be able to clarify that.

[Bellrooster]

Thank you!

 

It just seems bonkers to me that we are willing to start chipping away at the fine and no one will take our money!

[Bellrooster]

Well my OH just had a long chat with the court and it turns out that Philips only had until the 12th of February to collect the fine, since then it has been returned to the court.

 

The only correspondance we've had with Philips is in the past 2 weeks.

 

The court are going to contact the Bailiffs this afternoon and tell them to stop persuing the fine.

 

I'm wondering now if the Bailiffs have infact acted illeagally seen as the fine wasn't with them when they tried to collect it. Also, they posted 3 letters through our door without envelopes which I'm lead to believe isn't allowed.

 

Also, the Bailiff has left several messages on our answerphone saying that they have a warrent out for our arrest, and will come to our home, and then if oh is not there, will come to arrest him at work. Court has confirmed that that is certainly not the case

 

I think we perhaps look into complaining.

[lisadp1970]

Have a look at this from bailiifs advice online

 

I am Self Employed…and I need my car for business.

It is important to note that under Section 54 of the Magistrate Courts Rules it expressly prohibits bailiffs from removing a vehicle used in the course of employment.

If you require your vehicle for business, our advice, is to write to the bailiff with proof of self employment…..a note from an accountant, if possible should be provided. A business card etc could also be sent as additional proof.

A word of warning however, is that: in order to qualify for exemption from seizure for “business use”, the vehicle must be for your use “personally” in your business.

It is also worth noting that the strict interpretation of the wording of the legislation concerning "tools of the trade" is not synonymous with business, occupation or employment and includes only the occupation of either a mechanic or someone who works at manual labour with the aid of tools.

There is relevant Case Law from the Court of Appeal on this very matter, and you will find details of two such examples in the Legal Cases section of our Downloads area.

You will also see in the Letters section of our Download area that we have provided a letter that can be adapted to suit your own particular case that can be sent to the bailiff informing them that your vehicle should be exempt from seizure as it is required for business use by you “personally” Always ensure that the letter is sent by registered post.

 

I know what you mean about the hassle with fine payments.

My husband paid his directly to the court, after it had been passed to bailiffs but before they called round, and even though the court hasn't refused the payment they haven't told Marstons we've paid so they are still insisting on payment in full, which incldes a visit frr of £175 which they made after the payment!

 

I can't remember where I saw it, but you can apply to the court for more time to pay, which if the court accepts, then the Bailiff has to as well

Edited May 8, 2009 by lisadp1970

[lisadp1970]

Form 4 Complaint now!!!!!!

 

What utter scumbags, make sure you keep the messages on your phone as those threats will mean a lot of trouble for them.

 

As for the letters, I'm sure under data preotection they need to go in envelopes due to the nature of what's on them.

 

Good luck, you go get 'em and make them pay for this!

[Bellrooster]

I'm not sure how to go about it! but I certainly am going to look into complaining.

[WelshMam2009]

You need to keep those answerphone messages and get then put onto disk or the likes so that they can accompany your complaint.

[Bellrooster]

You need to keep those answerphone messages and get then put onto disk or the likes so that they can accompany your complaint.

 

Yes, will do that tonight.

[Bellrooster]

Ha!

 

I've gone from being nervously sitting at home with the curtains closed, to quite cross now really

 

I wonder what the Bailiffs intention was to repeatably ask for money that wasn't their responsibility to collect.

[WelshMam2009]

Ha!

 

I've gone from being nervously sitting at home with the curtains closed, to quite cross now really

 

That's what happens when you become a Cagger BR!!

 

Instead of being The Hunted, you become The Hunter!!

[Bellrooster]

That's what happens when you become a Cagger BR!!

 

Instead of being The Hunted, you become The Hunter!!

 

I like that.. hehe

[%Ostrich%]

The bailiff in question certainly sounds guilty of being a complete moron.

[Bellrooster]

Hi folks

 

I've just the Form 4 complaint form sitting in front of me now - so I wondered if anyone could give me some idea what I should write!

 

Looking at the paper work that the Bailiff has shoved through the door, it's actually really hard to make out the name of the Bailiff! It's written in 'scrawl' So finding which court to complain to is going to be hard! unless I just ring the number and ask for his name? he may be reluctent to tell me.