JBW Group threatening bailliffs for a driving fine I have never seen

[avr79]

Hi there,

 

3 weeks ago (late March 2010) I received a letter from JBW Group informing me of a traffic violation from August 2009 (driving the wrong way down a one-way; I don't recall doing it, but it is quite possible as the time and place are likely), and asking for payment of about £250. I immediately phoned them up to find out more about the contravention and ask why it was my first notice of it. They said I was to phone Islington council for details. I phoned several times and left at least THREE voicemails over the following weeks, seeking proof of the contravention and trying to understand why I had still never received anything from the council for this.

 

Last week I then received another letter from JBW stating the fine had been increased to £434, and then today I have received another letter "NOTICE OF REMOVAL" saying that they would be sending bailliffs. I have now phoned them again to understand more about this and been told that they will be clamping my car in the morning and sending bailliffs to the door, further increasing the charge.

 

I am enraged as I would obviously have paid the fine in the first 2 weeks IF I HAD KNOWN ABOUT IT. Whilst waiting for the council to return my calls and supply me with basic information that I should always have had I have incurred £200 more fines already!

 

Feeling intimidated by the threat of increased fines in the morning and further inconvenience if my car is clamped, I have now paid the £434 in order to shut JBW Group up, but I would like to know how I can go about reclaiming the money - how do I complain about the lack of service from Islington council? What rights do I have here (if any)?

 

 

Any help or advice appreciated!

[lamma]

you wasted your time phoning the bailiff and the council. see how they went out of their way NOT to help you and just let things carry on. thats the nature of the people you are dealing with, they just want your money and despite knowing that in the circumstances you describe there is an action you should take that will stop the process in its tracks. in the morning ring the TEC, explain what happened just as you have in the thread and get a copy of the the 'Declaration' forms (probably an Out of Time Declaration). Print the copy tomorrow,complete it and fax it back to the TEC ASAP. the TEC will notify the bailiff and the council the same day and that will stop enforcement and set things back to the NTO. As you can see the bailiff has just let the costs increase so do you trust them ? keep a copy of the fax and get written confirmation from the TEC that they have filed your declaration - just in case the bailiff makes a 'mistake' and still tries to enforce the warrant. The TEC will help, you should get all this done ASAP in the morning. Info about - County Court Bulk Centre - Traffic Enforcement Centre y

[68904]

Good sound advice lamma.

[lamma]

the declaration has been filed by now - I hope !

[avr79]

Thanks so much lamma! Very solid advice - I wished I'd found this out 4 weeks ago when I first got the JBW letter.

I have spent the last 24 hours chasing around to find someone to witness the declaration, but finally have it sorted and faxed and have emailed for confirmation. Is this still relevant though as I actually ended up paying the £450 on Monday night in my panic, and now hope to reclaim the money from the council, rather than stopping the bailliffs in their tracks....

[lamma]

the declaration can (and should be) be signed and witnessed for free at your local county court just by walking in. You sign it in front of them not before you get there ! Not Magistrate's, you have to pay and get an appointment first.

[tomtubby]

Thanks so much lamma! Very solid advice - I wished I'd found this out 4 weeks ago when I first got the JBW letter.

I have spent the last 24 hours chasing around to find someone to witness the declaration, but finally have it sorted and faxed and have emailed for confirmation. Is this still relevant though as I actually ended up paying the £450 on Monday night in my panic, and now hope to reclaim the money from the council, rather than stopping the bailliffs in their tracks....

 

It sounds like you have completed the PE2 & PE3. MOST applications are now made using the TE7 & TE9 which do not require being witnessed. In any event you can still use the form that you have sent.

 

Even if a person has paid a PCN a few years ago...you can still file an Out of Time Application.

 

If the application is accepted, the Warrant of Execution will be REVOKED and the LOCAL AUTHORITY are responsible for repaying the cost of the PCN AND all of the bailiff fees.

 

If the application is refused, it is advised that you appeal. Please post back with the progress of the application.

 

PS: If the application is rejected...it is VITALLY important that you contact the local authority to request a copy of the Statement of Truth that was sent to the Traffic Enforcement Centre. This is VERY IMPORTANT because there have been MANY cases where the bailiff company have submitted this application !!!

 

If other words, the very same bailiff company who have a financial interest in ensuring that your application is REJECTED are completing a Statement of Truth to REJECT your application. ........

[lamma]

good advice.