marstons again

[cyberhead]

Just had a removal notice posted through my door for and O/S pcn amount

now due 468.33

I know there is another O/S pcn so presumably that will have the same charge

it was issued the day after this one ,I wont go into full details but one of the tickets

was not on my vehicle and I only thought I was dealing with one ticket which is

basically why this has ended up as it has ..

 

I cant pay 468 yet alone 936 when the other one turns up ,what can I do ?

I rang the the mobile number on the removal notice and left a message but

have recieved no reply ,I live in rented furnished accomadation and bar this pc

and a £50 tv all I have is my clothes .. I do still have the car its worth £200 if

that ,I would offer to pay in installments but reading other threads I see this is not possible ,any advice appreciated,if I manage to avoid paying them I.e getting someone to say I moved out what will happen to the debt ,can I contact the

council and set up a payment arrangement with them ..?

[cyberhead]

Im up at this because i cant sleep through worry

[cyberhead]

sorry just to explain the removal notice was posted on wed morning at 9.40 not just now ..

[cyberhead]

On another point the letter was posted without an envelope and a flat mate rang me to tell me about it after reading it ,so they are obviously now worried as well ..

[fork-it]

Just had a removal notice posted through my door for and O/S pcn amount

now due 468.33

 

Contact the Traffic Enforcement Centre on 08457 045007 quoting your PCN number and they will tell you how much you owe.

 

Schedule 1 et-al of the Enforcement of Road Traffic Debts (Certificated Bailiffs) Regulations 1993 (Amended 2003) sets how much bailiffs can lawfully charge you in fees. It provides a letter fee of £11.20 plus 28% of the amount you are fined.

 

If a bailiff dishonestly makes a representaion, either spoken or in a document about how much you genuinely owe, then he could be committing an offence under Section 2 of the Fraud Act 2006. http://www.statutelaw.gov.uk/content.aspx?ActiveTextDocId=2922461 and you have a right to make a complaint to police. The police might say this is a civil matter but the House of Lords has already decided it is a criminal offence, so insist on getting a crime number and show the police officer the following document: http://www.publications.parliament.uk/pa/ld200607/ldhansrd/text/70420w0001.htm see under Crime Fraud, and also show a copy of the bailiffs document showing his fees £468.33.

 

 

 

I know there is another O/S pcn so presumably that will have the same charge

 

Bailiffs fees are charged on a per visit basis irrespective how many tickets he is collecting from the same person.

 

 

it was issued the day after this one ,I wont go into full details but one of the tickets

was not on my vehicle and I only thought I was dealing with one ticket which is

basically why this has ended up as it has ..

 

I cant pay 468 yet alone 936 when the other one turns up ,what can I do ?

 

Phone the council and tell them you have received a bailiff who is trying to overcharge you with his fees. If the council fails to comply with the regulations on fees, then you have a right to ask the Local Government Ombudsman to intervene.

 

 

I rang the the mobile number on the removal notice and left a message but

have recieved no reply ,

 

Do not telephone a bailiff.

 

 

I live in rented furnished accomadation and bar this pc

and a £50 tv all I have is my clothes .. I do still have the car its worth £200 if

that ,I would offer to pay in installments but reading other threads I see this is not possible ,any advice appreciated,if I manage to avoid paying them I.e getting someone to say I moved out what will happen to the debt ,can I contact the

council and set up a payment arrangement with them ..?

 

If you dont have the money then there isnt much a baliff can do. remember you do not have to speak to a bailiff or open the door to one.

 

Speak to the council and agree repayments which you can afford.

[cyberhead]

He rang this morning and said 468.33 is due and there will be an o/s 198.16 on

the other pcn ...

[cyberhead]

The bailiff is acting on behalf of Northhampton court surely the councill will tell me its out of thier hands ...

[fork-it]

The Traffic Encorcement Centre is Northampton County Court, its the bulk processing centre for decriminalised parking. Just tell the bailiff you will not be paying unlawful fees and any attenpt to obtain them amounts to fraud and you will report him to police under the Fraud Act.

 

If the bailiff accuses you of a criminal offence for not letting him in your property then he has made a rod for his own back. http://www.statutelaw.gov.uk/content.aspx?LegType=All+Primary&PageNumber=1&NavFrom=2&parentActiveTextDocId=1663425&activetextdocid=1663463

 

Speak to the council, but if you dont get anywhere, then ask the Local Government Ombudsman to intervene. Apart from that, I dont know enough about parking tickets to comment further.

[cyberhead]

hi

 

spoke to the council they said they could not help as the issue was now out of thier hands ,the bailiff said if i paid 468.33 he would send the other fine back to the council,

complete bull ,the council said he cant do that ,obviously would have taken payment

then paid a visit on other one bringing that up to 468.33 .I have just paid marstons

666.49 for both is there anyway I can try to claim back the unfair fee ?

 

if i didnt act a visit would have been made and the 2nd one would have gone up

to 468.33 ..

 

I managed to borrow the money ,i actually feel sick .

[fork-it]

666.49 for both is there anyway I can try to claim back the unfair fee ?.

 

Only through the small claims track. Complete a Foprm N1 naming council and the bailiff company as joint defendants. Your particulars are:

 

I received a bailiff acting for the defendant collecting an unpaid parking ticket. The bailiff dishonestly charged me [£AMOUNT] bailiffs fees contrary to the Enforcement of Road Traffic Debts (Certificated Bailiffs) Regulations 1993 which prescribes £28. The bailiff did not move any goods in a van and I did not sign any documents for the bailiff. I have been defrauded by the bailiff who is cheating with his fees and I asked for a refund but it was the bailiff’s choice to keep the money. On 20 April 2007, Lord Lucas in the House of Lords asked HM Government (inter-alia) "whether it would be right for the police to claim that such an action is a civil and not a criminal matter"? Baroness Scotland of Asthal, The Minister of State, Home Office replied: (inter-alia) "A bailiff or any other person who dishonestly charges for work that has not been done will be committing an offence under the Fraud Act 2006". I claim i) the sum of [£AMOUNT], ii) Interest under Section 69 of the County Courts Act 1984 at the rate of 8% a year from the date the money became due at the daily rate of 0.00022%, iii) reasonable costs the court thinks fit for being defrauded by the defendant iv) Reasonable costs the court thinks fit for Discovery of Information and compiling this case for court, v) costs allowed by the court at the prescribed rate.

 

If you paid by credit card, then contact your bank and ask for a chargeback form. Apply for chargeback on the grounds the bailiff made a false representation as to the extent of the fees the merchant was lawfully allowed to charge.

[ploddertom]

I'm not very good with these so can't help you sort it out. However although you say it has made you feel ill the good thing is that it is paid and you do not have the threat of anymore knocks on the door or worse. It now gives you the opportunity to gather everything you need in order to claim any overpayment back. If you have been overcharged then it is a simple matter to pursue a claim against the council as they are solely responsible for the actions of their contractor (Bailiff). Someone should be here shortly to help steer you in the correct direction.

 

PT

[cyberhead]

thanks alot for everyones help ,in a way the shoe is now on the other foot ,if i can pursue a claim

 

against thse thiefs ,when i seen the notice for 468 i thought this related to both fines in which

 

case I would have paid up no questions asked ,how they can add 270 for putting a notice

 

through a door is beyond belief ..if i didnt sort costs would only escalate it was without doubt

 

their intention the get the 2nd fine to 468 as well they even seemed reluctant taking the payment

 

off me .absolute and total con merchants ..

[ploddertom]

Did they provide you with any paperwork detailing their breakdown of charges, if not you must send off soonest for this. If memory serves me correct the bailiff should also be Certificated - have you checked to see if this is the case.

 

PT

[fork-it]

ploddertom is right, the bailiff must hold a valid certificate if he is collecting an unpaid parking ticket. Section 78(7) of the Road Traffic Act 1991 http://www.legislation.gov.uk/ukpga/1991/40/section/78

 

Enter the bailiffs name into the Ministry of Justice public register of certificated bailiffs. http://www.hmcourts-service.gov.uk/CertificatedBailiffs/

 

Generally any bailiff that is handling public money should have a certificate, but its not a legal requirement for collecting court fines and council tax, but HMCS, local authorities other public bodies often contractually require bailiffs who handle public money to hold a valid certificate.

 

A person holding a bailiffs certificate means he has been tested to be of good honest character, and has placed a security with the court (or insurance policy) of £10,000. This protects the court or authority if the bailiff absconds with money he has collected. This is why a bailiff company must appoint a named "Bailiff in Charge" of each case. The certificate excludes the bailiff from committing trespass and the document itself contains a permit from the court to approach a property and "enter without permission". This is not breaking & entering, pushing past an occupant, subjecting anyone to violence or Common Assault.

[cyberhead]

Basically these people can charge what they want ,I think the fault lies with Northampton court who use the

Bailiffs ,the thing being that some people cannot afford to pay the £60 fine so how can they possibly pay £468

not everyone is just blatantly not paying ... Obviously the original fault lies with me for letting the charges mount

up but if I couldnt pay what do I do ..

[hallowitch]

Basically these people can charge what they want ,I think the fault lies with Northampton court who use the

Bailiffs ,the thing being that some people cannot afford to pay the £60 fine so how can they possibly pay £468

not everyone is just blatantly not paying ... Obviously the original fault lies with me for letting the charges mount

up but if I couldn't pay what do I do ..

 

bailiffs being sent have nothing to do with Northampton court its the local authority that issued the pcn that send the bailiff