Philip's Specialist Bailiff and Debt Recovery - are they ripping me off?

[vickym]

Hello

I am currently being harassed by Philip's Specialist Bailiff and Debt Recovery Services. The fine is for 2 parking tickets of my boyfriends which ended up going to the Magistrates' Courts (which we didn't attend). We got our first visit a few weeks ago while we were out, a note was pushed through the door with 2 amounts of £200 pound on it, £400 in total. It also had a phone number of the collection agent which I later phoned to ask him to explain the charges. He told me that it was £75 pounds per parking fine, then £25 each registration fee. So then it left £100 visiting fee per fine. When I tackled him about the £200 visiting fee he told me he didn't know why it was that much and I would have to take it up with head office.

 

I offered to pay him £75 immediately and then £75 each month from then on till the debt was paid. He said I couldn't do that. I had to pay at least half of the total amount, or in full, and I had 30 days to make the entire repayment. I told him I wouldn't be able to make that amount and asked him if he was refusing to take a payment from me, to which he replied yes.

 

He has since been round to my flat twice and now the amount he's asking for is £600. I've read that visiting fees for council/poll tax are £22.50 for a first visit and then £16.50 for a second visit, does this apply to parking tickets too? It seems to escalating out of control. I am getting very worried. I appreciate any advice on this.

 

I posted this on another Philips thread and was asked to start my own so here it is.

 

Thanks Chrismc - Answer to your questions

He hasn't been in the house and I haven't signed anything. I did speak to him on the phone though and he told me the debt was from 2 parking offences, which I haven't checked but is likely because my boyfriend did get a couple of fines a while ago. How would I find out if the fines are genuine?

Vicky

[Guest Zooman]

Hi, yes they (Philip's Specialist Bailiff) are ripping you off. I have to run later I will post information for you on what can be charged and at what stage, and more importantly your rights to complain (and you must).

[tom3131]

I assume the tickets are PCN's? or FPN's? And are you sure it was the Magistrates Court? Could it have been the County Court?

 

If you made any offers that were reasonable then the court are likely to tell them where to go if they try to get more...

 

So inform them that its in there interests to accept your offer, also find out is the balliffs are registered under an organisation/union and complain.

 

I think Zooman will give you more information

[NitrousOxide]

Parking fines have been de-criminalised. It was probably a county court.

[andrew1]

... also check out the parking fine threads because there seem to be many areas of doubts over some of these tickets and they way they are presented ie: written out - one day or two etc... its worth a read.

[BotB]

The fine is for 2 parking tickets of my boyfriends which ended up going to the Magistrates' Courts (which we didn't attend).

 

There is no scale of fees for bailiffs in magistrates court cases. They can charge reasonable fees. If you think they have been unreasonable in the charges applied, you would have to take the matter back to the Magistrates Court that imposed the fine.

 

Who issued the tickets? Police or Local Authority? Not all local authorities have introduced decriminalised parking yet so those that haven't will still be using the Magistrates Court for enforcement. The police can also still issue tickets for illegal parking.

[vickym]

Hello BotB

 

I think the ticket was issued by a traffic warden. My boyfriend got the ticket while he was parked outside our flat. The council decided to make our neighbourhood a permit zone, how nice of them, and he got the ticket before we got round to getting a permit sorted. There are always loads of traffic wardens loitering in our street so it's highly likely it was one of them.

 

In answer to tom3131's question

I think the tickets are PCN's. I can't be totally sure because we don't have the original tickets issued unfortunately. It's definitely a Magistrates' Court. It's stated on the letters that the bailiff has pushed through the door.

 

Thanks for everyone's help by the way

[vickym]

Hi, yes they (Philip's Specialist Bailiff) are ripping you off. I have to run later I will post information for you on what can be charged and at what stage, and more importantly your rights to complain (and you must).

 

Hi Zooman

I was just wondering if you could still help me? The bailiff keeps on calling round to my flat, while both my boyfriend and I are out at work (the cynical side of me thinks he chooses those times deliberately so he can up the charges), and now the amount has gone up to £700.

 

I've checked up on Philips and they are a member of ACEA.

 

I am in the process of writing a letter of complaint to Philips, as recommended as by ACEA. Should I also be contacting the Magistrates Court too or should I be doing one thing at a time? Also any good tips or links to FAQ's on how to structure the letter of complaint? First time I've had to put a complaint down in writing. Any advice is greatly appreciated

[patdavies]

If these are from a Mags Court, then they are Police or Traffic Warden FPNs (as opposed to Parking Attendant PCNs)

 

The FPNs will have stated that if you do not pay or make written representation to request a trial, then the fines will be increased by 50% and will be enforced as Mags Court fines.

[vickym]

If these are from a Mags Court, then they are Police or Traffic Warden FPNs (as opposed to Parking Attendant PCNs)

 

The FPNs will have stated that if you do not pay or make written representation to request a trial, then the fines will be increased by 50% and will be enforced as Mags Court fines.

 

Thanks Pat.

 

Can this 50% increase be a one off or can the bailiffs keep on adding more money each time they visit? The debt started at £400 then went up to £600 and now is at £700. Is that by request of the magistrates Court? I have already offered to pay part of the fine when it stood at £400 but the bailiff refused the payment.

[patdavies]

I assume for all the foregoing that you are the registered keeper and that the FPNs are your boyfriends.

 

Were you, and I mean you singular, given the opportunty to test these tickets in the Mags Court. You (singular again) as the RK should have recieved correspondence regarding each FPN when it was initially unpaid, giving you 28 days to pay or make representations.

 

If you did not get this, or you contacted them to request a court hearing and heard nothing more, then you should apply to the relevant Mags Court to have the 'conviction' set aside under S142 of the CJA.

 

This will void the fines and all the baliffs costs.

 

You will then recieve a summons for each ticket and you will have to attend Court. You will, in all probability, be found guilty and been fined at a higher level than the FPN - but certainly not as high as the FPM + baliffs costs. The Court may also be willing to let you work out a payment plan providiing you ask and fill out their paperwork.

 

Are you still with the boyfriend and if not, did he conceal the FPNs, etc. from you.

 

 

Warning: If none of the above applies and you simply ignored the tickets, then DO NOT go down this route - you will be committing perjury with the S142 statement of facts, which normally attracts jail time.