Parking Charge Enforcement

[gwc1000]

Have a full read through this to see how a N244 can help

 

Statutory Declaration Signed - FightBack Forums

[lamma]

bailiffs have often been known to get thing 'wrong' in a way which helps them get payment. besides the N244 get a full breakdown of charges from the bailiffs, they have been known to also get these 'wrong' by failing to adhere to the statutory amounts or they may have 'accidentally' charged for visits that never happened. there will be more posts on the forum discussing this. have a good search around.

[iritchie]

How long do warrants of execution last for?

I have never been forwarded a warrant to even confirm the one in place for the bailiff to act?

 

I received my first bailiff letter saying that they had been granted one in March, but no actual copy of the warrant?

I assume this is an oversight on their part also?

[lamma]

12 months I believe.

[Jamberson]

Yes, 12 months is correct. However the debt remains in place even after the warrant has expired.

[gwc1000]

Yes, 12 months is correct. However the debt remains in place even after the warrant has expired.

I'm pretty sure though that the bailiff cannot collect on an expired warrant, a new one must be requested.

[Jamberson]

That's right. Once the warrant has expired, it cannot be actioned. But a new one could be applied for as liability remains.

[iritchie]

OK, should I have been sent a copy of the warrant?

[Jamberson]

No, they don't send you a copy.

 

I think the bailiff is obliged to show it to you on request, but there's little point unless you want to check for irregularities.

[iritchie]

OK thanks again!

 

 

Some more quick advice.

I have requested a copy of the statement of truth rejecting my out of time application.

I believe it was filed after the 19 day deadline, and want to double check that it was not completed by the bailiffs for example.

 

Do they have to provide it?

Also is there a time limit in which they must provide it?

they seem to be dragging their heels over it anyway...

[Jamberson]

I don't think they have to provide it on request. I could be wrong - perhaps someone else can confirm this.

 

You have a right to see personal data under the Data Protection Act (NB NOT the Freedom of Information Act), but you would have to cite this in writing and they may charge a fee of up to £10. It then takes up to 40 days to get the documents.

[gwc1000]

iritchie, it is pointless requesting the statement of truth. At this pont in time you only have two options. Either pay the bailiff what he asks, or file an N244, there is nothing else you can do.

[lamma]

I don't think they have to provide it on request. I could be wrong - perhaps someone else can confirm this.

 

You have a right to see personal data under the Data Protection Act (NB NOT the Freedom of Information Act), but you would have to cite this in writing and they may charge a fee of up to £10. It then takes up to 40 days to get the documents.

 

yes they do. you have every right to inspect it and should do so. besides the self printed ones many a bailiff has been to known to claim to be a 'court bailiff' but not be holding a warrant from a court.

[Jamberson]

I think he was referring to the statement of truth rather than the warrant.

[iritchie]

Yeah, I have already filed the N244.

I forwarded on a lot more supporting documents this time.

Copies of the letters I sent to the council in respect of the challenge I had already submitted against the original ticket, the dated correspondence I received from them, and phone records to show that I had been in touch many many times with them to try and sort it out.

 

The bailiff has requested that I pay him the outstanding amount by the time I'm paid (27th)

He also said he could only take it on that date if I paid cash, but I'm definitely not convinced that that would be the best way to go.

If I do pay, I would expect to pay by cheque or something trackable, and with a receipt so that I could claim back the money with interest at the end of the court hearing if I successfully manage to challenge it.

 

What would you recommend I do next?

Should I contact the council and ask them to hold back the bailiff until the end of the court case?

Should I pay up to avoid any more fees and then look to claim back the amount afterwards?

 

I also spoke to a friend of mine who is a solicitor, and he said I should send a cheque directly to the Council for the full amount of the charge, less the bailiff fess, with a letter along the lines of "Please accept this cheque in full settlement of the charge for the parking ticket xxx. If cashed, it is accepted as settlement of the issue."

 

 

I would appreciate any advice on offer anyway.

I think I shouldn't pay it, and will contact the council this morning to see if they are going to hold back the bailiffs until the end of the case anyway, but I'm not 100% sure.

I haven't got a date for the case yet, but suspect it will take a couple of months?

[Jamberson]

I'm afraid your solicitor friend doesn't know how the parking system works. It's best to ignore his advice in this case. The Council will likely just take the money and it won't affect the position you are in in the slightest. It won't even reduce the debt, so don't send it!

 

1. Call the local authority and ask if they have had confirmation that you have filed an N244.

2. If yes, ask them to confirm that the warrant has been suspended. (If the answer to question 1 is yes, then so should the answer to this be.)

3. If the answer is that they have not had notification of the N244, check it has been received by the court and is in progress.

 

Meantime, until you know the warrant is suspended, keep your car out of sight and don't make any payments to anyone or you are at risk of losing your money.