ATR Balliff costs

[northernmatt]

I have been issued with an ATR for a parking fine which totals $363 with no breakdown of costs. However the previous costs were,

 

Penalty Charge $110

Letter Fee $11.20

Vat: $1.68

Total: $122.86

 

On the intial reminder i contacted the council and baliff company and disputed the fine on the grounds that the info had been sent to the wrong address, this has obviously come to nothing and two days ago I received an ATR = Attendance to remove goods which totalled $363

 

No levy has been made, the ballifs have not entered the house and according to whats listed below i should only have to pay original fine plus 28%. I have explained to the baliff company that i am happy to do this but they say I have the pay the fine + the ATR fee or they will send a locksmith round and remove goods. These costs are not even inline with those listed on the bailiffs website.

 

Road Traffic (parking penalties)

 

Fees

 

For preparing and sending a letter advising the client that a warrant is with bailiff and requesting the sum due £10

 

For levying distress where the sum due is not more than £100 £25

For levying distress where the sum due is more than £100 25% on the first £200 and 5% on any sum over £200.

 

For attending to levy distress but where no levy is made Reasonable costs, but not more than the fees that could be charged if a levy were made.

 

The fee for sending a letter to the debtor can be charged only if the letter is sent before a first visit is made.

 

Bailiffs are allowed to charge the fees for a maximum of three visits only.

 

Charges

 

Walking possession 50p each day for the first 14 days and 5p a day after that.

Valuation Reasonable fees, charges and expenses of the broker.

Removing goods or attending to remove goods where no goods are removed Reasonable costs and charges.

Sale of goods 15% of the proceeds of sale if the sale is held on auctioneer's premises to cover the auctioneers commission and out-of-pocket expenses, plus the reasonable cost of advertising, removal and storage.

 

OR

 

7.5% of the proceeds of sale where the sale is held on the debtor's premises to cover the auctioneer's commission, plus out-of-pocket expenses actually and reasonably incurred

[yozdagger]

Someone with more experience than me will be along soon - this is a great site for useful advice.

 

However from what little I know I am certain that a collector CANNOT use a locksmith to gain entry to your house.

 

This is a standard trick they play to frighten people into paying them whatever they ask for.

[northernmatt]

Thankyou. The website is brilliant. Am i allowed to say the name of bailiff company?

I plan on getting the papers involved.

[danboy381]

Yes, please name and shame...

[northernmatt]

Marston Group - Debtors help - Road Traffic Act 1991 and Traffic Management Act 2004

 

They even quote $175 for a ATR on there site which only brings my bill to $297

 

I also found this in the local rag

 

Girl hurt in bailiffs row - COMMENT ON THIS STORY - Scarborough Evening News

[danboy381]

Marson are a company that often operate illegally. They should immediately be shut down.

 

Had a guy from Marstons call me up about an unpaid congestion charge fine - i was driving a hired vehicle and just forgot to pay it.

 

Tried calling martsons helpline number to say that a stat dec had been filed and the woman just put the phone down on me.

 

i phoned back and spoke to the same woman, and questioned her how can i sort this out if you slam the phone down? i said.

 

She said she just processed payments and thats it. She said i shouldnt had let it get to this late stage, and she was only interested in collecting the payment. nothing else.

 

Debt they wanted was £470.00. I told the bailiff (cock) when he phoned me i had no possesions and was bankrupt last year, so thats the last i heard of them. (they had my number from me calling their 'helpline'

[northernmatt]

Im going to call the bailiff tomorrow and contact the ofc, police and local raga aswell as the council and cause them as much **** as i can!

[danboy381]

all the best, and don't give up with the fob offs the Police will probably give you.

[tomtubby]

On the intial reminder i contacted the council and baliff company and disputed the fine on the grounds that the info had been sent to the wrong address, this has obviously come to nothing and two days ago I received an ATR = Attendance to remove goods which totalled $363

 

 

If it is the case that statutory documentation had gone to a wrong or previous address then it is SIMPLY the case that you need to file an Out of Time late Statutory Declaration. Telephone the Traffic Enforcement Centre on 08457 045 007 and ask them for details of the address on the Warrant of Execution. You will need to have the PCN number to hand.

 

If the address on the warrant is a previous one then the TEC will e-mail you an Out of Time Application. Filing this will FREEZE all bailiff action.

[northernmatt]

Many thanks for the reply. I will folllow your advice straight away. Im still curios as to how these ATR charges work as there are no regualations that i can find about them.

[northernmatt]

A bit more progress on this. I have paid 150 quid of the fine to the balliff company and agreed to pay the remainder this friday. It appears there have been notices sent to this address. I can only presume they have gone missing. I live in a shared house and mail does go missing quite a bit, mainly put in the bin as its mistaken for junk mail. I've explained this to the council, but it has got me knowwhere.

 

My best point of agrument is to now pay the ATR charge. The council will cannot verify this charge as legitimate and nor will the county court, therefore should i simply put this in writing to Marston and advise them to bugger off?

[tomtubby]

A bit more progress on this. I have paid 150 quid of the fine to the balliff company and agreed to pay the remainder this friday. It appears there have been notices sent to this address. I can only presume they have gone missing. I live in a shared house and mail does go missing quite a bit, mainly put in the bin as its mistaken for junk mail. I've explained this to the council, but it has got me knowwhere.

 

My best point of agrument is to now pay the ATR charge. The council will cannot verify this charge as legitimate and nor will the county court, therefore should i simply put this in writing to Marston and advise them to bugger off?

 

I would just like to know WHY you did not file and Out of Time late Statutory Declaration. You say that notices had been sent to your current address. Were these notices from the bailiff?

 

I did provide a post to advice on this and provided a telephone number so that you can check to see what address the Warrant of Execution had been sent to. Did you do this?

[northernmatt]

Because although i was informed by the council that they were sent to this address, according to the council records. The only info I have seen is the balliff notice, i.e the attendance to remove goods.

[tomtubby]

Because although i was informed by the council that they were sent to this address, according to the council records. The only info I have seen is the balliff notice, i.e the attendance to remove goods.

 

Have you telephoned the traffic Enforcement Centre to CONFIRM the address on the Warrant. This is VITALLY important becuse the address that is on the warranty will also be the address where all prior statutory notices had been sent.

 

If this does turn out to be a previous address, then it is a simple matter of filing an Out of Time.

 

The telephone number is 08457 045 007 and you will need your PCN number to hand.

[northernmatt]

il call them today.