Urgent Bailiff Outside And Called Police

[Battleship]

Bailiff attended my house this pm and clamped car. Not certificated and my daughter has asked them to prove who they are and when and where certificate was issued via text as courts had no record etc. They didn't respond but reappeared and told her in no uncertain and threatening terms that she is saying they are lying and flashed a card at her but she could not see it what was on it as he was waving it in front of her face. They are now sitting outside and I believe they have called the police. I have told her to ring local council up and inform them that they are not certificated and therefore she is not liable to pay their fees they are imposing and that they are committing an act of trespess. Any help much appreciated.

[hallowitch]

is this for council tax

did you phone the ministry of justice to confirm he is not certificated

if council tax he must have the liability order with him and have his certificate with him

[hallowitch]

http://www.hmcourts-service.gov.uk/c...orms/ex345.pdf

 

if he is not certificated and the police do arrive print out a copy of this and give it to the police

 

Certificated bailiffs — enforce a variety of debts on behalf of organisations such as local authorities. They can seize and sell your goods to cover the amount of the debt you owe. They also hold a certificate, which enables them, and them alone, to levy distress for rent, road traffic debts, council tax and non-domestic rates

[Battleship]

Its for a PCN. He has since showed her another certificate which was issued by Medway Court and is valid until 2010. Can't understand why Medway Court said he wasn't on their lists. Is it possible its a fake? He works for Marstons Court (which seems to me to part of the Marstons Group).

[hallowitch]

phone Ministry of Justice Public Register of Bailiffs on 020 3334 6355 to confirm

 

and make sure he works for marstons

[Battleship]

Spoken to them and say not on records. Bailiff and Marstons has said that the Court made a mistake and he is certificated. Spoken to Court and they now admit error. Marstons have said they are sending tow truck to take car away now and that we have to pay £590 or the car goes. Lewisham Council don't want to know. Haven't got the money so looks like the car will have to go. Fees seem excessive to me as its a first visit. Any help much appreciated.

[seanamarts]

They are probably not calling the police as what do they need to call the police for, its just a scare tactic,

like hallow said what is this debt for

[seanamarts]

is the car on any finance or lease hire or registered as a disabled vehicle the fees do seem a little high .. have they been to you before and did you get a letter before they came warning you that they will attend unless payment is made

[sequenci]

Have they supplied a full breakdown of their fees?

remind them that they are duty bound to do this in accordance with the National Standards for Enforcement Agents.

[hallowitch]

did you get the pcn or a letter from the bailiffs to say the were coming

[Battleship]

Its for a PCN. First time they have called and haven't received any letters from Marstons regarding the PCN. They are still sitting outside but they won't get their money as I just haven't got it. Single parent with 4 kids but I am working but every bit of money I get goes on paying bills, etc. Think it was one of my ex-husbands parking tickets.

[hallowitch]

Think it was one of my ex-husbands parking tickets.

is the car in your name and the ticket in x hubby's name if you know nothing about this ticket you can fill in a form and send it to the court

 

NATIONAL STANDARDS FOR ENFORCEMENT AGENTS may 2002

 

Those who might be potentially vulnerable include:

• the elderly;
  
• people with a disability;
  
• the seriously ill;
  
• the recently bereaved;
  
• single parent families;
  
• pregnant women;
  
• unemployed people; and,
  
• those who have obvious difficulty in understanding, speaking or reading English
  

.

[Guest Happy Contrails]

Marstons have said they are sending tow truck to take car away now and that we have to pay £590 or the car goes. Lewisham Council don't want to know. Haven't got the money so looks like the car will have to go. Fees seem excessive to me as its a first visit. Any help much appreciated.

 

 

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 its £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 or a van 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. 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

 

If you think you have grounds to appeal against the ticket then speak to a parking tickets expert and call the Traffic Enforcement Centre on 08457 045007. More: Info about - County Court Bulk Centre - Traffic Enforcement Centre

[seanamarts]

If this PCN is in your husbands name is the car they have clamped in your name if so then they cannot clamp it and they cannot chase you for the debt.

[Battleship]

The car is in my name unfortunately. Right about the Police though was a scaremongering tactic. Managed to do a deal with them to pay it in two weeks but they won't remove clamp from car which means kids can't get to school etc.

[sequenci]

If this PCN is in your husbands name is the car they have clamped in your name if so then they cannot clamp it and they cannot chase you for the debt.

 

A very important point.

[sequenci]

The car is in my name unfortunately. Right about the Police though was a scaremongering tactic. Managed to do a deal with them to pay it in two weeks but they won't remove clamp from car which means kids can't get to school etc.

 

Is the parking ticket in YOUR name?

[Battleship]

Yes because I am registered owner.

[Guest Happy Contrails]

Did you complete an Notice to owner naming your husband as the driver? Its required under S172 of the Road Traffic Act.

[seanamarts]

Also if you did not receive any notice for this PCN you could file a Statutory Declaration Out of Time and Statutory Declaration. TE7 & TE9, that is only if you did not get any notice for this.

[MARTIN3030]

Should not take 2 weeks to get to bottom of this-have they given the breakdown yet and did you ask for it ?

[Guest Happy Contrails]

I have told her to ring local council up and inform them that they are not certificated and therefore she is not liable to pay their fees they are imposing and that they are committing an act of trespess.

 

Section 78(7) of the Road Traffic Act 1991

 

Is the clamped car parked on a public highway?

 

Name of bailiff company

Address 1

Address 2

Address 3

Postcode

 

DATE

 

Dear Sir/Madam

 

Re: Immobilisation of vehicle [REG] on [NAME OF STREET]

 

I write as the owner of the aforementioned vehicle which has been immobilised by you.

 

I ask that you remove the immobilisation device from the vehicle immediately because it is parked on a public highway and in breach of the Statute of Marlborough 1267.

 

I will write to you again and ask you pay compensation for failure to comply with the law and for my costs for replacement transport along with any damage that has been caused to the vehicle while it has been immobilised.

 

Yours Sincerely

 

 

YOUR NAME

 

If its parked on your private property then you can claim for the deprivation of the Quiet Enjoyment Right to unimpaired use and enjoyment of your property. You will need a solicitor to claim this so check your home insurance for any legal cover, you may be able to get it done fro free.