Deception Issues - Philips bailiffs

[gispaul]

I received a parking fine which I originally challenged but the Counsel state that they did not receive my letter. I then go to Australia on 4 occasions throughout 2009 and leave my house with friends. I have mail on my return but nothing from the Council regarding the parking fine. Last Monday, I receive a hand delivered letter on my doorstep from Philips bailiffs claiming £226.08. I contact them and the Council to obtain information about the debt and arrange a payment plan of 4 x £56.52.

 

Since then, I have considered the matter further and made further enquiries. Below is my letter to the bailiff's sent today:

 

For the attention of the Directors

Dear Sirs,

 

Re: Your Fees

 

I am told that for you to progress to the stage of charging £89.74 plus VAT in respect of an attendance with a van, you would first be required to send out two letters of formal demand, the 1st at a cost of £11.20 and the second at a cost of £28.00. Thereafter, if no satisfactory response is forthcoming, an attendance will follow with the appropriate charge being implimented.

 

I am told (by your firm) that all fees are first agreed with your client (in this case Rochdale Borough Council) and having spoken to the manager of Rohdale Borough Council's Parking Services (Kevin), he has confirmed the same and has also provided the information in the first paragraph of this email.

 

I can confirm that I did not even receive the first letter which I understand from kevin, was apparently sent out on 30/09/09 let alone your second letter which I am told was sent out on 14/10/09. I have reason to believe that the letters were not sent to me and on requesting a breakdown of your invoive, it appears that I now have evidence in support. Your breakdown is as follows:

 

29 Sept 09 Debt £110.00

30 Sept 09 Admin Fee £ 11.20

26 Oct 09 Visit £ 89.74

 

Can you please tell me where the fee in respect of the 2nd letter is @ £28.00 ?

 

I understand that letters are sometimes not recieved. The original offence was challenged by me as I did not believe that an offence had occured but the Council states that they had never received my letter. There is nothing that I can do about that and further enquiries have placed me in a position whereby I have had to accept that an offence did occur and that I am responsible for the subsequent penalty of £110.00.

 

I would be prepared to accept that a letter from yourselves was sent on 29 Sept 09 and was not received for reasons unknown but I do not accept the coincidence of a second letter also going astray. The lack of fee in respect of that 2nd letter causes me great concern. If a letter had been sent to me and I had responded positively (which I would have done), your fees would have been limited to £11.20 or £39.20 in the case of a second letter. Without a response (which you would not get if the letters were simply not actually sent) you could progress straight to the visit and charge a further £89.74. This is what I believe you have done.

 

As far as Im concerned, this is an attempt to obtain money from me by deception and as such I am going to report the matter to the police. There is a consumer forum that I will also address to see if similar issues have arisen with any other individuals/companies. A copy of this communication will also be sent to Rochdale Borough Council Parking Services for thier records.

 

I await your comments

 

Yours faithfully

 

 

Has anyone else experienced similar experiences?

[pink_eeyore]

They cannot charge for a second letter !!!

[gispaul]

The local Council state they can and that this fee structure is agreed with them beforehand. The Council told me that the baliffs fees were £11.20 for the first and £28 for the 2nd.

[pink_eeyore]

This is crap - the law says they cannot charge for more than one letter irrespective of what the local council says !

[gispaul]

So are you saying 1 letter is enough (which I didnt get anyway) and then they can attend and charge me £89.74 plus vat for attending at my home ?

[pink_eeyore]

No that fee is wrong too - It should be at least half that

 

How much was the original pcn for?

[gispaul]

I think it was £70 and then went up to £110 before going to the bailiffs.

[pink_eeyore]

Then it should be £35.42 for the first visit fee (28% of £110 + vat)