Bailiff in the house to collect for parking fine

[Steve__M]

My friend has just phoned me saying his housemates have let a bailiff in collecting for an unpaid parking fine.

 

I think he is "bang to rights" but they are demanding £600 for what he says was originally a £40 parking fine.

 

I understand they have clamped his car (worth £200) and are threatening to seize goods.

 

He doesn't have £600 though he may be able to stick it on a credit card, and I don't think he has any worthwhile goods to seize except possibly his computer.

 

I've told him to claim things are tools of his trade. He gives driving lessons part time - can he claim his car is his tool of the trade.

 

£600 sounds like a lot. What paperwork does he need off them, and has he got any comeback if they force him to pay the money?

 

Any quick advice would be useful.

 

Thanks.

[hallowitch]

£600 is way to much for a £40 fine tell him to make sure he get the bailiffs name and the court he was certificated at and phone the council

[tomtubby]

My friend has just phoned me saying his housemates have let a bailiff in collecting for an unpaid parking fine.

 

I think he is "bang to rights" but they are demanding £600 for what he says was originally a £40 parking fine.

 

I understand they have clamped his car (worth £200) and are threatening to seize goods.

 

He doesn't have £600 though he may be able to stick it on a credit card, and I don't think he has any worthwhile goods to seize except possibly his computer.

 

I've told him to claim things are tools of his trade. He gives driving lessons part time - can he claim his car is his tool of the trade.

 

£600 sounds like a lot. What paperwork does he need off them, and has he got any comeback if they force him to pay the money?

 

Any quick advice would be useful.

 

Thanks.

 

Had he received the original PCN. If not then he can file an Out of Time Declaration.

[Steve__M]

tomtubby,

 

I'm afraid he has received, and ignored, all the correct letters.

[Steve__M]

The latest is that they have clamped his car, taken a few nominal goods and are requiring a downpayment of £100 for their return with presumably a payment plan.

 

Can he do this and then tackle the apparently excessive bailiff fees? Or is this implied acceptance? What does he need to watch out for?

 

I've told him to get himself down to CAB.

[nickismee80]

They have TAKEN goods??? Is this the first time the bailiffs have been in his house?? Unless I am mistaken, they can not take anything on the first visit. Please correct me if i am wrong.

[Steve__M]

They have TAKEN goods??? Is this the first time the bailiffs have been in his house?? Unless I am mistaken, they can not take anything on the first visit. Please correct me if i am wrong.

 

Given the large amount they are charging, I bet they claim to have visited on a number of occasions already.

[RaeUK]

Hi Steve. The part-time driving lessons? Is that correct as verifiable income or a sort of pocket money thing? It doesn't sound right with a £200 car. That said, if it's a proveable real thing [not meaning to sound offensive!] then the car would be a tool of his trade. He would need to show proof of this.

Is the car actually his? The Registered Keeper is not necessarily the owner and the DVLA do not hold a register of vehicle owners. I ask this as it might be a car bought by his Father for example. If it was paid for by someone else and he just has use of it in his name, then either the person who paid for it may have a Bill of Sale or can - for about £10 - get a Statutory Declaration of ownership sworn.

Just thoughts.

Rae

Edited December 14, 2009 by RaeUK
typoo

[Steve__M]

I've told my friend to go to the CAB if he needs more help. I've found out a bit more of the story now.

 

Without him making payment, the bailiffs have now returned his goods (they were worthless) and unclamped his car (probably the clamp was worth more than the car to them).

 

He seems to have recently become a serial "offender" for parking fines, but by the looks of it the bailiffs have perhaps decided he is not worth pursuing as he is on jobseekers (the driving lessons are cash in hand) and in shared rented accommodation.

[High Court Enforcer]

Yes, bailiffs can remove on a first visit. However, £600 sounds like a 3rd visit to me.

 

Tools of the trade are hard to prove. They must be for the sole use of the debtor in his business. If someone else uses the equipemnt or car then it is definately not tools of the trade.

 

If he's bang to rights then he should pay. However, I would ask the Bailiffs for proof of the previous visits, however if he's ignored it all already, he's only got himself to blame.

 

And cash in hand for the driving lessons...... A tax cheat as well then....

[RaeUK]

Sorry Steve, it does sound a bit like your friend wouldn't be adhering to any advice given here or by your good self! I hope he sorts himself out...

 

HCE, thanks for clarifying the tools of the trade thingy for me.

 

Rae