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Hi there,

 

I have just received a letter regarding an unpaid penalty charge. At the top of the letter it has my name and address; date; collect ref; PCN ref; and client name (an outer London Borough). It then goes on in the letter to state:

 

"Dear Sir/Madam

We have called today with a view to levying Distress for the unpaid Penalty Charge Notice shown above. Unless cleared in full within 24 hours, we shall be re-attending your premises to enforce the Warrants of Execution in our possession by levying upon and removing sufficient of your goods and chattels to Public Auction. You should note that it is now to late for a payment arrangement."

 

The original penalty was for £150, but the overall total has now risen to £422.17. I'm slightly concerned about the increase in costs.

 

What is the best thing to do? I realise that I need to pay the penalty charge, but I certainly don't have the £422.17 to pay all at once. I am aware that:

1) Do not let the bailiffs enter the property

 

But other than that not quite sure of what to do next. Would the local authority take the fine back so I can put a payment plan in place?

 

Thanks everyone and all advice appreciated,

 

MadAboutTennis

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Just to add that the original penalty charge £75 and the Charge Certificate increases the Penalty Charge by 50% to £150. How can the total amount now be £422..17?

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Go to the website for the Council who issued the PCN and see if you can pay the PCN online. If you have already paid the fine, when the bailiffs turn up, tell them it has already been paid and that they can go whistle.

 

Also, if the you have not received any prior correspondence from the Bailiffs, then they aren't in a position to be levying distress. They are limited by the law as to how much they can charge. They must first send you a letter for which they can charge you £13.16 I believe for the letter. If they then attend to levy distress I believe they can charge 28% of the amount of the charge certificate + aforementioned letter fee. They may also charge for a second visit if they first visit results in no levy.

 

If this is the first you have heard from these bailiffs, and they have sent no letters and have not previously visited you, then they are not entitled to the charges they are claiming and their actions are at best dishonest and at worst fraudulent.

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I wish I could go to the councils website and pay the PCN, but I just don't have that amount of cash spare. Due to hubbie's continued periods of unemployment life has been a struggle, hence things like this have occasionally been overlooked. Is there anything else I could do such as agreeing a payment plan with the council?

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Check and see if you can make at least partial payment on the website. If so, then pay off the PCN as and when you are able. Otherwise, just send cheques to the council and pay as and when you can or phone the parking enforcement department of the council and pay over the phone. If you have a car then park it a good ways from your home to lessen the chance that the bailiffls will clamp it and seize it. If it is on finance they cannot seize it as it rightfully belongs to the finance company, but I would still keep it parked well away from your home as many bailiffs will clamp first and seize it without caring about the ownership status and then you'll have all types of trouble getting it back (don't expect help from the police - they will claim to view it as a "civil" matter and will be more likely to assist the bailiffs than assist you). Keep your doors and windows locked so the bailiff cannot enter your home and don't let him in if he comes knocking on your door. Simply ignore any visits he makes until you succeed in paying off the PCN and then tell him there is no debt for him to collect.

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Be very careful with these people. They have charged my wife £756 for two parking tickets!! I am just compiling my case for Court owing to the various wrong charges they have come up with.

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