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help please anyone. i had a £197 parking fine from Davies enforcement and they just hand delivered a baliff 'notice prior to removal of goods' saying i needed to pay £427.88. Is this fair?? ive been working away from home on a gap year and cant afford to pay it. is there anything i can do?please help!

Edited by apple8

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Can we have a bit more info ?

How did you come about the "fine" ?

Where were you parked? (dont give out personal info!) ?

How did it get into the hands of a "Bailiff" ?

With this info i am sure someone will be along to advise soon.


hello all:-)

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Were you parked on public or private property?

Debt Basics - Bailiff Guide - know your rights


Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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Moving thread into the Bailiffs Forum.


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Guest Happy Contrails

If you were parked on private land then you would have been wheel-clamped, and the law doesnt set maximum rates for relreasing a wheel-clamp. They must have permission of the landowner to trade in parking enforcement on his land.

 

If you are dealing with a PCN issued by a local authority then the penalty charge and bailiff's enforcement fees are prescribed in legislation. Your figure of £427.88 doesnt look right to me. A parking tickets expert might be able to help you on appealing against the ticket if you think you might have grounds.

 

The law prescribing bailiffs fees for collecting unpaid parking tickets is Schedule 1 et-al of the Enforcement of Road Traffic Debts (Certificated Bailiffs)(Amended 2003) Regulations 1993. If you have been overcharged then you have a right to reclaim them. Broadly speaking the law provides:

 

Letter Fee £11.20. If letter arrives after first visit is made then £0.00

Levying Distress up to £100 (excluding bailiffs fees but including court fees) - £28

More than £100 - 28% for the first £200 then 5.5% on everything over £200.

If no levy is made then bailiffs can charge fees for a maximum of three visits.

Multiple fees cannot be charged for simultaenous unpaid ticket collections.

 

The law does not provide for a bailiff to charge a fee to fix or remove a wheelclamp to a car or sending a tow truck to an address. The law provides "reasonable costs" for attending an address with a view to transporting goods in a van, if no goods are transported in the van then the van fee is £0.00 In the case of Culligan -v- Marston Group Ltd et-al, no. 8CL51015 the court ruled that because the Bailiff produced no breakdown of his charges, he is unable to show that it is reasonable costs. Therefore, van fees, tow truck fees and attending to remove fees = £0.00. More

 

The law does not provide for bailiffs to charge you a fee to fix or remove a wheelclamp to your vehicle - Culligan vs. Marstons Group Ltd et-al case No 8CL51015. More

Phone the bailiff on his mobile and tell him you are filing a Form 4 complaint against him for defrauding you with his fees. Ask him for the name of the court that issued his bailiffs certificate and quickly end the call. If the bailiff refuses to disclose it then phone the Ministry of Justice Public Register of Bailiffs on 020 3334 6355 and ask which court issued his certificate. Download the complaint form to make an official complaint against the bailiff http://www.hmcourts-service.gov.uk/courtfinder/forms/form4_0606.pdf and send the form to the certificating court enclosing supporting evidence such as the bailiffs document showing the bailiffs fees he is trying to charge and any amounts paid.

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Thanks for the responses..just had a hectic morning of navigating my way through TE7 and TE9

 

it was a pcn from london borough of southwark. i haven't been clamped but the letter states if he calls again i have to pay £662. i havent paid but should i rely on my stat dec being accepted? should i just beg/borrow money to pay and then try and get it back?

 

thanks loads in advance

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should i just beg/borrow money to pay and then try and get it back?

 

NO! Do not part with any cash, because you will not get it back. Hopefully someone who has more knowledge in this field will be able to direct you better, but please don't give them any money:(


Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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I came home from working away as a live in carer to a parking fine ticket that had been passed on to bailifs.

 

the fine was £185 and charges for warrant of execution were £242. i asked for a breakdown and proof of certification of the bailif and the co have replied giving the court of certification and saying the charges are legal and just under the enforcement of road traffic debts (certificated bailifs) (amendment) regulations 2003

 

I filed an Out of Time late Statutory Declaration, which has just been refused and i dont know what to do now. I am a student doing medicine so have no way of earning this sort of money. can anyone help me??

 

thank you

Edited by apple8

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Is this the same fine as on your other thread or a different one?

 

Here

 

Also you should check whether or not the Bailiff is certificated.

 

 

Bailiff Register

 

 

enamae


Please note: I have no qualifications in this area and any advice offered is given in good faith.

 

 

http://www.financial-ombudsman.org.uk/publications/Ombudsman-news/40/40_setoff.htm

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yes its the same fine. i have been waiting to hear back about the stat dec form. i checked the bailiff register and the info they sent matches, he is certificated. but the first letter he left said if he made a 2nd visit the total charged would go from 427.88 to 662.48. thanks for the reply.

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If an oujt of time has been refused I am under the impression the fine goes back t the original amount that you were fined? SO if this is the case I wouold pay it now before the bailiffs get it back

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no i cant pay, it the PCN number is invalid. i thought if the out of time was refused you were just back where you started with the bailiffs?!

 

i can pay the pcn and bailiff charges of 11.20 for a letter and 28% for the over £100 fine. but in no way does this amount acrue to £427.88 (should be £251.14?). how do i pay what i owe and bring to attention these unfair charges (if they are defs unfair and i haven't missed something)... anybody??

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Two threads merged.


 
 

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