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Parking fines/Marston Group bailiff letter hand delivered


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Hi all

 

Desperately hoping for a little advice here.

 

Came home today to a hand delivered letter from a Marston bailiff regarding unpaid parking fines saying that he will return this week. It demands a payment of £375.

 

I'm not going to deny for one second I hadn't received a letter from their office saying they were going to take action. I had but I'm operating under extremely tight financial restraints and simply couldn't afford the money they needed.

 

At this point I don't have that kind of money and to be honest I couldn't afford to do it in one payment at any time so I can't offer to settle at the end of the month.

 

Any advice would be gratefully received.

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If this is a parking ticket then the bailiffs fees are set by the Enforcement of Road Traffic Debts (Certificated Bailiffs) Regulations 1993 which says £20 plus a £11.20 letter fee. A £40 fine reaching court would be £95 and therefore the only amount lawfully due is about £126.20

 

http://www.legislation.gov.uk/uksi/1993/2072/schedule/1/made

 

This £375-plus your bailiff is asking for is an old bailiffs [problem], they just try it on to see if you cough up the money. Its technically fraud in the meaning of Section 2 of the Fraud Act 2006. http://www.legislation.gov.uk/ukpga/2006/35/section/2 If you still have the bailiff document demanding £375 then you have a right to make a complaint to police with a printed a copy of the above-legislation and the bailiffs demand. Expect a frosty receiption because police dont like investigating bailiff crime and will try to fob you off with excuses to get you to drop your complaint.

 

If the bailiff returns, do not open the door, and offer to pay £100 and they should leave it there, otherwise you have a right to file a complaint againt the ticket-issiung council to the Local Government Ombudsman. http://www.lgo.org.uk/making-a-complaint/

Professional property investor and conveyancer

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Nothing in the original post saying enforcement has taken place. Bailiffs cannot charge for work not done. More: (Crime: Fraud) http://www.publications.parliament.uk/pa/ld200607/ldhansrd/text/70420w0001.htm

 

 

 

Only reasonable costs allowed but if the bailiff cannot or will now show sales invoices for the work done then he has not shown its reasonable costs: Cullighan vs Drake : http://www.lmag.org.uk/modules.php?name=News&file=article&sid=306

Professional property investor and conveyancer

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