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My stooopid son ignored his car fines and associated letters from courts. As a result bailiffs were then called in and I got a letter (hand delivered) the door from a bailiff. Son no longer lives here so I rang him and he asked me to open the letter. It stated that bailiff would call back the next day to remove his goods for public auction. Fine has risen from 152 pounds to over 420 pounds as a result.... is this normal/legal

The bailiff works for Marsdens but there is no reference as to what costs are made up from. Son phoned bailiff to say he no longer lives here and has no goods in our property - what happens next though.

I have never been in debt in my life and am mortified :(

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Hi softgirl and welcome.

First and foremost a bailiff cannot take what does not belong to the debtor. The easiest way to prove all goods are yours is to get a Statutory Declaration sworn. Ring around and you should find a commisioner of oaths who will charge about £10. It is a legal document.

Be aware that some bailiffs will lie, cheat and bully in the hope a parent will pay an offsprings debt. Do keep in mind it's not yours to pay.

If the letter was addressed to your son you should have just said no you'll forward it. This was an underhand trick to try and make you panic into paying him.

Regardless of what he may say, the bailiff is not allowed in your home. It is yours not your sons.

Others can give better advice as to the procedure of things and how appropriate fees may be.

Best wishes.

Rae.

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Thanks Rae.

The bailiff never called on the Saturday, as mentioned in the letter, after speaking to my son.... But its what's happening in the background that worries me

By the way will a 'black mark' be placed on my property because of this, even though the debt isnt mine?

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I wouldn't have thought so although, tbh, I wouldn't know for sure.

I don't mean to pry - and you don't need to answer - just curious about your worries over 'what's happening in the background' ...

Best wishes.

Rae.

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What type of "fines" are they? Are the by any chance for parking PCNs? If so, and your son does not live there, he can formally challenge the bailiff warrant and hopefully get them called off.

 

He has to do it though, not you. If this sounds feasible, post back and I (or someone) will advise on filing a statutory declaration.

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My stooopid son ignored his car fines and associated letters from courts. As a result bailiffs were then called in and I got a letter (hand delivered) the door from a bailiff. Son no longer lives here so I rang him and he asked me to open the letter. It stated that bailiff would call back the next day to remove his goods for public auction. Fine has risen from 152 pounds to over 420 pounds as a result.... is this normal/legal

The bailiff works for Marsdens but there is no reference as to what costs are made up from. Son phoned bailiff to say he no longer lives here and has no goods in our property - what happens next though.

I have never been in debt in my life and am mortified :(

 

I am assuming that this debt relates to a Magistrates court FINE. I say this because assuming the fine was £152, Marston Group are allowed by Contract to apply an admin fee of £75 and a visit fee of £200. Total £427.

 

If your son did not receive the original summons (as it probably was addressed to your address) then he can simply file a Statutory Declaration with the Magistrates Court. This will cancel the fine and all bailliff fees will then also be cancelled.

 

The court can then reissue a new summons to your son at his current address and he will then be able to enter a plea and, if guilty, complete an MEF (Means Enquiry Form) to repay the debt at an affordable level.

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Thanks to all for replying- yes it was a parking fine. Apparently this was upped to a clamping order (?) and then as he didnt live here and the letters were returned to sender as I didnt have an address for him at the time, the fine was upped to 150 pounds and then the bailiff was called in and it shot up even further.

Rae/ kelcou- by "whats going on in the background' I refer to what actions are being taken now as I doubt this is all going to stop after informing the bailiff he doesnt live here

The problem is, he's just hopping from friend to friends and doesnt have a permanent address so how does he sort anything out?

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Hi hunni, I was just curious and fishing for things that may put him in the vulnerable category of the National Standards for Enforcement Agents. Tbh, it's just a quirk of mine not to put words in peoples mouths and try and let them tell me the situation. It does mean, of course, I end up sounding a bit oblique at times!

This category covers things like disability, serious illness - eg mental health etc, unemployment, pregnancy and so on. It's a short illustrative list. For some reason it doesn't name the homeless. But you'd have thought they'd be there. In any correspondence you have with either bailiff or initiating court it might well be worth mentioning...

Best wishes and good luck.

Rae.

Edited by RaeUK
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If the issue is a PCN issued by the local authority, he can file an Out of Time Statutory Declaration, which is a formal challenge to the warrant (and with it, all the bailiff charges).

 

He will need to contact Northampton County Court either via their website of by phone, and get forms to submit this. They must be the "out of time" statutory declaration forms.

 

This is NOT a challenge to the PCN itself - just to the warrant. Therefore, he needs to focus on why the PCN progressed this far and was not dealt with sooner - the reason being of course, that he does not live at the address the letters have gone to, and did not receive them.

 

I would advise he is as open and honest as possible because the Council can refuse the application - they will use discretion, so he needs to be convincing about addresses and the like. He has a good chance of getting the case put back.

 

The upshot is that if he succeeds, he's back with just a straight PCN to deal with, which he can either pay or appeal. But the stat dec comes first - to deal with the bailiffs to start with.

 

Just to reiterate - this process is only applicable if this is a council-issued PCN, which it sounds like to me.

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