help needed urgently please

[externalbodyart]

i posted a thread a couple of weeks back about having the bailiff at the door for a parking fine.

i followed some advise and filled out a te7 &te9 fot tec recieved a letter back now saying it as beed refused. and more of a slap in the face we sent a cheque to the local council and they sent it back saying it

is still with the bailiffs.which i find stupid on there part as that would of been there best option of there money because im not paying the bailiff.

im a bit worried whats going to happen next as the bailiff have been 2 times im i right in beliving they only can come 3 .

[nutter192]

Someone else will be along shortly with more info, but I think that if you send a cheque to the council and they then send the money back, then you have fulfilled your liability on the fine and as a result the council can not claim further. However suggest that you await further for someone more experienced good luck.

[lamma]

its the council and or the bailiff that refuses the OOT. the TEC just rubber stamps that. N244 is next.

[Jamberson]

I think that if you send a cheque to the council and they then send the money back, then you have fulfilled your liability on the fine and as a result the council can not claim further.

 

Unfortunately not so. When the case is passed to the bailiff, so is the liability. The OP owes the bailiff company now. If they collect (and they usually do) they will pay the council.

 

I have never heard a rule which says they can only come three times. They could spot the car and clamp it at any time, thus forcing payment.

 

If they rejected the out of time statutory declaration, you can appeal their decision by filing an N244. It may be clutching at straws though, unless you have a solid reason as to why you did not pay and did not file the forms in time.

[externalbodyart]

hi sorry should of said who id sent the cheque to; it was the council.the reason we did not pay the fine and the otsd was late we didnt know anything about it .it was the daughters ex bf that had the fine and decided to hide the mail from us knowing that the car is in my wifes name.

and it was on one of these threads somebody said the bailiff can only come three times?

i am sending the cheque back to the council it will be in there favor to execpt it because if they dont they'll end end up having a pound a week

[lamma]

OOTs are always 'late' - thats why they are called 'Out Of Time' declarations.

Councils and the bailiffs acting for them conveniently 'forget'.

[Jamberson]

i am sending the cheque back to the council it will be in there favor to execpt it because if they dont they'll end end up having a pound a week

 

As I said above, the debt is not due to the council. At best it will be returned to you uncashed, at worst it will be banked by them - but it won't shave a penny off the debt because it is owed to the bailiff.

 

If you flatly refuse to pay the bailiff, they will seek to locate and clamp the car and may also seek to enter your property to seize goods. You're not in a strong position here unfortunately.

 

You can contest the rejection of your papers by filing an N244 but that is the very last appeal you can lodge. Might be worth a try though. It costs money - about £70 I think.

 

How much do you owe the bailiff? Honsetly, if they clamp you and send for a tow truck, the debt will ramp up and up and you'll have no real options. Either file an N244 or try and settle up with the bailaiff. I know it's not what you want, but it is my advice.

[jed52]

I thought clamping could only be used as a remedy for tresspass, not for enforcing old fines? Or is that just private bailiff companies and not court bailiffs?

jed

[lamma]

with council PCNs the bailiffs are not acting as court bailiffs they are acting as private bailiffs. I believe you are correct re remedy for trespass for PPC private clampers.