Bailiff Advice

[Via]

In February I received a parking ticket whilst sitting in the car waiting for other half to collect prescription, technically at the end of the day I was in the wrong but due to behavior of parking attendant (went to put ticket on car then when they see me still inside turned round and walked off) I appealed against the ticket I never heard anything more and believed it had been canceled until last month I received a letter from the court saying a judgment had been issued for £110 inc. costs. At this point I gave up and thought costs weren't that bad I'll just pay the bloody thing.

 

I came home from work last week to a letter advising that bailiffs had attended and had put another £220 costs on top making amount owed upto £330!! I checked online and then found out about the out of time declaration. I filed this on Sunday night and contacted the court Wednesday to find out I had filed wrong forms which they emailed to me and filed on Wednesday morning later that day I received another letter from JBW saying as I have refused to contact them they will be attending to remove goods (funny they already have been) and that I now owe £170

 

I will be contacting court tomorrow to confirm they have received and all is correct.

 

I also emailed a copy to JBW group to advise that it is being appealed and requested clarification over amount owed - no reply (sent Sunday night)

 

Today I have received a "we have a parcel for you" card which is from JBW.

 

Can someone advise what is best course of action? Should I contact JBW to advise them of the situation or will it be pointless? or should I just refuse entry and ignore letters until court make a decision and risk racking up more fees?

[fork-it]

Just refuse entry and keep doors locked shut even if that means speaking thru the letterbox. Capture everything on video on your mobile if a bailiff calls at your property.

 

You only owe the parking ticket plus the statury £28 bailiffs fee, nothing else. I wouldnt take too much notice of those £220 fees. Bailiffs are nearly always exaggerate their fees to make a gain in the hope you dont know otherwise. They can only claim costs of enforcement if they show its actual provable expenses. If a bailiff seeks charge you a fee to show that proof then his costs is £0.00 and can be disregarded.

 

The law sets the fees: Enforcement of Road Traffic Debts (Certificated Bailiffs)(Amended 2003) Regulations 1993.

 

Contact the council direct and make an offer to pay. If you are fobbed off then ask the Local Government Ombudsman to intervene on the grounds the bailiff attempted to defraud you with his fees. Its currently an offence under Section 2 of the Fraud Act 2006 if a bailiff makes a false representation as to the fees. http://www.legislation.gov.uk/ukpga/2006/35/section/2

 

This position has been affirmed in the House of Lords - http://www.publications.parliament.uk/pa/ld200607/ldhansrd/text/70420w0001.htm see under Crime Fraud

 

Do not sign for any mail are are not expecting.

 

If you dispute the parking ticket then you need to call the Traffic Enforcement Centre on 08457 045007. More: http://www.hmcourts-service.gov.uk/cms/1043.htm. Also parkingappeals.co.uk may be able to help and others on these forums can tell you more about how to appeal.

[Via]

Spoke to the court today, they have advised it has all been received and council have been advised to hold pending outcome, what are chances bailiffs will still be knocking?

 

Thanks for your advice fork-it, very helpful!

[hallowitch]

JBW are not nice to deal with and will remove your car given half a chance ask for confirmation in writing from your council that all bailiff action has stopped

[Via]

not fussed about them removing the car, they are welcome to it, its probably already coke cans now as I wrote it off about 3 months after ticket lol

 

have heard JBW are not nice people, spoke to council on phone today and they said they have informed JBW to hold, what are chances of court overturning bailiff action after out of time? council have already said if they dont overturn it they are not willing to come to any agreement and I would have to deal with JBW

[hallowitch]

not fussed about them removing the car, they are welcome to it, its probably already coke cans now as I wrote it off about 3 months after ticket lol

 

 

Thats a good thing because the registration of the car is on the warrant they may try to charge you a levy fee against the car this levy fee gives them the right to add a van fee if you don't pay

to charge a levy they must leave a notice of seizure of goods and inventory (at the time of the levy) listing the goods levied sometimes they don't leave this and charge the fee anyway don't inform them you have scrapped the car let them shoot themselves in foot

i don't know your chances of getting it overturn personally i think its a lottery you are either lucky or your not

If you have to deal with JBW always remember the council are responsible for all actions of JBW

[Via]

dont have original letter to hand from JBW that was shove through door but I am sure there was 2 fees added, one being a levy fee, I will dig it out soon and post up exactly what they are attempting to charge