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Bristow&Sutor parking ticket charges advise appreciated


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Hello everyone!

 

I have a problem with bristow&sutor. :confused:

 

Bailiff knocked my door few weeks ago, he woke me up after a night shift, poor man! he soon got the message. I didn't no he was a bailiff I didn't give him a chance to speak. Anyway he hastily scribbled on some bits of paper an put them through my letter box.

 

₤80 parking fine.

₤45.78 Bailiff costs to date.

 

I would just like clarification on the charges they have applied to my debt. They claim to have seized my car? On the docs he put through my letter box it clearly states that he has in his possession "Key and docs", this is untrue, he has never seen the keys and docs!, I drove it for a few days then sold the car (to the Mrs;)), all the documents to prove the transaction have been forwarded on to them. But do they care? no! :confused:

 

₤12.88 letter fee?- I cannot tally this up with the charges provided (below)

₤28 + ₤4.60 VAT levy fee?- Nothing has been taken, or clamped?

 

bistoletter.jpg

 

IMG.jpg

Are the charges correct? any advise would be a massive help. thanks.

B.

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The charges are what would be correct if they had levied your car.

 

(I think) you have to be careful with selling things within the family, becuae (I think) if the court decides it was an artificial sale, concocted solely for the purpose of beating the bailiff, it may be ruled null and void. But it's not a bit of law I know, I'm not being categorical about it, but it is something you might to look into.

 

B&S clearly think there was a levy, on 9 July 2010.

 

You need to get to the bottom of this.

 

The obvious next questions would be:

* Where do they claim to have levied your car?

* How do they claim to have served you with the notice of seizure?

 

You need to sort this out, otherwise they could claim to be able to legally break into your garage (or anywhere else you might have put it, that you might not want to let them into) to tow it away.

 

Oh - and better make sure the Mrs genuinely hasn't given away the keys and docs! (If they genuinely have the docs, can they email you a scanned page to prove it?)

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Note that if the car was on the driveway when the bailiff came, so that he could walk round it and touch it, then he can legally claim to have seized it -- i.e. to have taken formal legal control of it.

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The car was on the drive when he came, but i was under the understanding that to 'seize goods' means to take them in to custody, in my case clamp or remove the car?

 

Can he have legal formal control of my car just from looking at it?

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Sean - 11.20 letter fee so, 11.20 + VAT is 13.16 not 12.88?

28.00 + 4.60 is not 32.90?

I agree with the VAT workings out with levy fee (even though its incorrect on the letter) but not with the letter fee? what am i doing wrong?

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Looking at it isn't enough (Evans v South Ribble Borough Council, 1991) -- he can't claim to have levied just by looking through a letterbox, or looking through a window.

 

But if he can walk round the object and touch it, then yes that's a legal levy. It doesn't have to be clamped or removed.

 

"When the landlord impounds goods upon the premises, leaving them there without anyone in possession, that is sufficient custody, for they are in the custody of the law" (Swann v. Earl of Falmouth, 1828 )

 

(It was mostly about landlords, tenants and rents back then. Not so many PCNs).

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