HELP - Bus Lane Penalty - Bailiffs charges - Unbelievable!!

[strider]

Hi, -

 

**** - Just checked when the warrant was given to collect services - 2/4/09 ( more than 180 days )

 

I received a letter from Collect Services Limited dated the 9th April 2009 regarding an unpaid penalty charge. This amount was for £107.88

 

I had been away when it arrived and replied to them and Council on the 21st April 2009 disputing the charge.

 

Letter arrived dated 27th April 2009 from Council saying that it is in the hands of the bailiff. !!!!

 

Letter arrived dated the 29th April 2009 from Collect Services demanding £241.87 !!!!

 

I sent letter dated 7th May 2009 both to Council and Collect Services still disputing the penalty charge.

 

Letter arrived dated 8th May 2009 demanding £308.57 from Collect Services.!!!!

 

Letter arrived dated 13th May 2009 confirming receipt on my letter dated 11th May 2009 would still continue unless instructed by their client.

 

Letter arrived dated 20th May 2009 warning of intended seizure of vehicle!!!!

 

I sent letter dated 23th May 2009 still disputing this charge.

 

Letter dated 10th June 2009 demanding £378.72 from Collect Services.!!!!!

 

11th June I speak to Council who state that they cannot do anything and I should contact the CAB office.

As luck would have it I manage to get through to the CAB office who simply advised me to pay it!!!!!!!

 

18th June - MP sends letter to council

 

12th July - Receive letter from Collect Services now demanding payment

 

12th July - Council have no record of letter from MP so I copy it and hand it in person.

 

13th July - Council as per before say they cannot do anything.!!!! Must seek legal advice

 

 

I am disputing this charge and CAB and Council are telling me just to pay the £378.72!!!!!

 

I have not received any letters from Council regarding the charge. I am certainly not willing to pay Collect Services £378.72

 

QUESTION - Can I instruct Collect Services to return warrant to council as it has passed it's 180 days? If so, who should I send letter to?

 

Kind regards

[strider]

Hi, can anyone advise?

[Stressed150]

Ohmygod what a mess...... I am in a similar position, however, I am yet to recieve a reponse with regards to my dispute.... Only thing you can do is continue to write to both the council and Collect services in trying to get them to provide evidence that they sent you penalty notices, (Make sure you send letters recorded delivery though)I would be inclined to pay nothing to collect services, as, as you are aware you are paying any charges/fees added by collect services..... Not really sure how you would proceed in terms of legal process etc so will alert one of the site team to help you out....

[ambershadow]

Did you get the notice of the penalty?

[strider]

Hi, ambershadow,

 

no, only details I started to receive were from Collect services. That's when I contact council & collect services straight away.

 

The only thing I can see that is going to work is the fact that the warrant seems to be over 180 days, but I need a contact name of their contract manager to be able to get the fine back to the council.

 

 

 

Cheers

[strider]

Hi, can anyone advise?

 

Who can I contact at collect services to return the warrant to the council as it has passed it's 180 days?

 

Kind regards

[green_and_mean]

180 days from when?

[strider]

Hi, seems that the warrant was sent to Collect Services 2/4/09 and according to a 'contract' if the warrant exceeds 180 days then they should send it back to the council.

 

Kind regards

[zosaphine]

Hi, seems that the warrant was sent to Collect Services 2/4/09 and according to a 'contract' if the warrant exceeds 180 days then they should send it back to the council.

 

Kind regards

 

Hi

Please could you give further advise on his 'contract' where it refers to the Bailiff's only having 180 days to collect on this type of warrant?

[strider]

Hi,

 

This is what I'm trying to find out. The contract is between the council & collect services.

 

I certainly do not want these people to come back to my door and scare my family half to death.

 

If no-one can help/advise, then my next course of action will be to take it to the papers.

 

Kind regards

[strider]

Hi, does anyone know about the contract between council & Collect Services?

 

Kind regards

[strider]

Thanks to Tomtubby - ( although it doesn't help me in my case )

 

Copy of thread "

I should have made it clear that the 180 day limit in which to execute a Distress Warrant is only applicable to MAGISTRATE COURT FINES that are under contract with Marston Group and Philips Ltd.

 

The Contracts expire in 2 months and new companies could also be awarded some of this work. Watch this space !!!"

 

 

What can I do regarding my situation with Collect Services and the penalty charge????

[green_and_mean]

You don't seem to have understood the enforcement process which is here....

 

Parking and Traffic Appeals Service - Bus lane enforcement

 

If you fail to carry out the correct legal process you will end up worse off, just refusing to pay and writing to your MP is pointless. It seems unlikely that the PCN, Enforcement notice, Charge certificate etc all got lost in the post you need to check the address they got sent to and contact the TEC asap. You previously asked for advice a month ago and stated you would complete the Statatury declaration but instead you seem to have decided to write to your MP so its not really surprising nothing has changed except the costs have increased.

Edited July 15, 2009 by green_and_mean

[strider]

Hi, many thanks for the response. I understand but I still cannot recall seeing any letters regarding the PCN hence all the correspondance both to council and Collect Services.

I will of course be contacting the PO regarding the missing letters - but the bailiff action must be sorted first - I refuse to allow these people to put more stress on my family.

 

Even though car is in my name, my wife could have driven it at the time.

 

What can be done to send the warrant back to the council?

 

Kind regards

[strider]

Hi,

 

Could I ask the council for a new Enforcement Notice - so that the old was is cancelled?

 

Kind regards

[green_and_mean]

Hi, many thanks for the response. I understand but I still cannot recall seeing any letters regarding the PCN hence all the correspondance both to council and Collect Services.

I will of course be contacting the PO regarding the missing letters - but the bailiff action must be sorted first - I refuse to allow these people to put more stress on my family.

 

Even though car is in my name, my wife could have driven it at the time.

 

What can be done to send the warrant back to the council?

 

Kind regards

 

If you bothered to look at the link I posted it explains what you need to do which is file a statatuary declaration something you were made aware of a month ago. It doesn't matter who was driving the owner is responsible for paying the fine. The baliffs are acting correctly and carrying out their job of recovering the monies owed and will carry on doing so until you take the appropriate action.

[strider]

Hi, many thanks for your kind words - unfortunately that was as a result of an s.172 not this case and it took 4 weeks to get to the SD stage due to BT technical difficulties and I expect how busy people are.

 

I shall complete an out of time PE2 & PE3 form and take it from there.

 

My heart goes out to all those who have to deal with bailiffs for whatever reason -

 

Kind regards

[green_and_mean]

Hi, many thanks for your kind words - unfortunately that was as a result of an s.172 not this case and it took 4 weeks to get to the SD stage due to BT technical difficulties and I expect how busy people are.

 

I shall complete an out of time PE2 & PE3 form and take it from there.

 

My heart goes out to all those who have to deal with bailiffs for whatever reason -

 

Kind regards

 

Looks like the same case to me???

 

http://www.consumeractiongroup.co.uk/forum/parking-traffic-offences/204020-pcn-bus-lane-collect.html