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Parking Ticket and Baliff - Advice Needed


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I hope people can help, As I am getting stressed about this.

 

I had a car parking ticket in September 2009. I had moved house so only got forwarded the details in March of this year.

 

I received various letters, and I got a Te3 order recovery of unpaid penalty charge which I had to pay £80 by 11/0210.

 

I didn't receive this unitl March 1st as the tennant in my old house forwarded to me in March. I immediatly paid this on the 1st march and got a payment reference number from the automated number. It also came out of my account and I have a statement to prove this.

 

I thought that was the end. However the new tennant range me yesterday informing me that Balifs had sent letters demanding £350 for the ticket.

 

I have paid this and have proof of payment (although it was after the date on the TE3 form)

 

I am in the clear? Should I call them and tell them I have paid the council?

 

I recently told the DVLA my new address. Canthe Baliffs find this out and should I tell them?

 

Help appreciated!

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Just tell the council that it is paid and if they agree, then ask them to call off the bailiffs. If they refuse ask the Council to send you a stamped court order specifying the amount of fees the bailiff can collect.

 

The answer if course is that no such document exists. No court order - no bailiff fees.

 

It should also be said that bailiffs might be showing a little more common sense if they checked to see if the Council had been paid before they started chasing a settled PCN.

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I dont think a council needs an order for costs for PCN's, they are statutory fees, something like 28% of the fine. I get lots of them for tenants who have gone away.

Professional property investor and conveyancer

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..and Fair Parking, if that is your website, Ive just been reading it and it really made me laugh!

It reminded me of a tenant I had in a flat in Pimlico SW1V, its a studio flat and the tenant was a manager of a minicab firm and he rented my flat as an address for his drivers to register their vehicles as a postal address for c-charge and motoring fines, apparently this is quite common especially among the Asian community.

It only came to light when TFL contacted me after getting my name from the Land Registry asking about my tenant, and about a hundred other names whose vehicles owed money and their V5 were also registered at the flat. I went to the property and found it empty, no furniture nothing, but literally thousands of letters for parking fines, unpaid c-charge and court notices and lots of these JBW/Westminster Council FINAL NOTICES. Other residents in the block reported men in suits loitering outside the building early mornings because concierge doesnt open until 9am, entryophone doesn’t give access, I think this must have been the local bailiff company JBW because the occupants didn’t speak English and cant answer the doorphone.

As all the cars were minicabs, they are never seen parked so impervious to ANPR vans as they are stored out in the suburbs when not in use, and parking tickets accrued because they often wait for passengers in restricted areas, other stuff is box-junction and moving traffic offences.

FP: I must introduce your website to my other tenants who rent studio flats in SW1V, its a much cheaper alternative. £10 a year per driver, dies that include forwarding their mail. I suggest marketing your service to minicab firms.

Professional property investor and conveyancer

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No stat fees? I remember finding a document in the flat with something like the Enforcement of Road Traffic Debts 2003, it looked like some law which baliffs charges are set.

 

Otherwise you sound like you are very committed to your cause.

Professional property investor and conveyancer

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The Enforcememt of Road Traffic Debts (Certificated Bailiffs) Regulations 1993 (amended 2003) only allows bailiffs to ASK for fees. The fees are never listed on warrants.

 

Where 'warrants' are produced by bailiffs the fees they attempt to charge bear no resemblance to those listed under the above Act.

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where in the regs does say about asking for fees?

 

If you are right then fees for council tax bailiffs are voluntary as well as with amlost any other unilateral statutory charge.

 

If a bailiff says he has a court document that later turns out to be fictitious or is forged, then he commits an offence under Section 40(d) of the Administration of Justice Act 1970. I had a rent collector who was caught doing it.

Professional property investor and conveyancer

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I hope people can help, As I am getting stressed about this.

 

I had a car parking ticket in September 2009. I had moved house so only got forwarded the details in March of this year.

 

I received various letters, and I got a Te3 order recovery of unpaid penalty charge which I had to pay £80 by 11/0210.

 

I didn't receive this unitl March 1st as the tennant in my old house forwarded to me in March. I immediatly paid this on the 1st march and got a payment reference number from the automated number. It also came out of my account and I have a statement to prove this.

 

I thought that was the end. However the new tennant range me yesterday informing me that Balifs had sent letters demanding £350 for the ticket.

 

I have paid this and have proof of payment (although it was after the date on the TE3 form)

 

I am in the clear? Should I call them and tell them I have paid the council?

 

I recently told the DVLA my new address. Canthe Baliffs find this out and should I tell them?

 

Help appreciated!

 

 

If the council refuse to cancel this then you will have to complete an Out of Time Statutory Declaration which will need to be sent to the Traffic Enforcement Centre in Northampton.

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Fork It - Would be please stop confusing rent and council tax with PCNs? To deliberately fail to pay council tax is an offence. To not pay a PCN is a civil matter.

 

As for the fees under Enforcement of Road Traffic Debts (Certificated Bailiffs) Regulations 1993, they are listed within that Act.

 

And yes there is no lawful compunction to pay bailiffs fees in connection with council tax, though there are fees the bailiff can ask for - but they won't be listed on a magistrates warrant, which is all the court compels a debtor to pay.

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Fork It - Would be please stop confusing rent and council tax with PCNs? To deliberately fail to pay council tax is an offence. To not pay a PCN is a civil matter.

 

I dont agree.

Professional property investor and conveyancer

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Payment of the fees is effectively voluntary until goods are correctly seized. After that the fees can be recovered from sale of the goods if full payment is not made.

 

JBW v Westminster

The Marquis of Salisbury v Ray

re Long, ex parte Cuddeford (1888) 20 QBD 316

Post by me are intended as a discussion of the issues involved, as these are of general interest to me and others on the forum. Although it is hoped such discussion will be of use to readers, before exposing yourself to risk of loss you should not rely on any principles discussed without confirming the situation with a qualified person.

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