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A friend of mine called me up on Thursday morning telling me that the baillifs came round to their house and clamped her car.

 

At the time she had no idea what the debt was for or anything about any other debt. The baillif clamped the car and left a message saying that they will be back the next day.

 

Her brother then phoned the baillif later during the day and he was told that the debt is for 3 parking tickets and 1 speeding ticket.

 

When she spoke to me i adviced her that whatever happens she should not open the door for him. He came this morning and knocked the door several times with threats to enforce entry, calling the police etc. Eventually he left because the door was not opened.

 

According to the letter, the baillif company is called phillipscollectionservices .org .uk

 

Speaking to her again today she is telling me that she has no idea about any of the fines and that she has not recieved any letters from any council authority about the fines or DVLA about the speeding ticket.

 

I straight away knew that something is not right as it is practically impossible to get 3 parking ticket and a speeding fine without knowing anything about it.

 

Now the problem is that she is saying that it is possible that her brother might be responsible for them while she was not aware for it. She thinks that maybe he has been hiding these letters but is it possible to hide all of them?

 

What i dont understand is why is the baillif company dealing with both parking fines and speeding fines. Shouldnt the speeding fines be handled by DVLA first?

 

I think what she needs to do is try and find out which council or DVLA issued the fines and to try and look for proof as to whether it was her car in the first place. The reason being even though she is suspecting her brother she is not 100% sure.

 

How would you advice that she goes ahead with this? The baillif are threatening to force entry and are not listening to anything being told to them. Is it not possible to stop them while the matter is being investigated? We cant just pay them the £2000 just because they are saying we owe them. Surely they must provide the proof.

 

Thanks

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You need to get a copy of the PCN's and see where they have originated from, more and more people are having their number plates cloned. So if it was not you and you can prove you were not at the places where the contraventions occurred then it is possible that you wont have to pay for these, first things first you need to see copies. Get in touch with the council who issued these and the court who dealt with the speeding fine.

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I straight away knew that something is not right as it is practically impossible to get 3 parking ticket and a speeding fine without knowing anything about it.

 

Now the problem is that she is saying that it is possible that her brother might be responsible for them while she was not aware for it. She thinks that maybe he has been hiding these letters but is it possible to hide all of them?

 

Its quite possible, Ive know a case where 16 tickets, all parking were concealed by an errant sibling who wasnt even licensed to drive. I dont know how that all panned out but I have the feeling it was the councils that were out of pocket due to nulla bonas as the address.

 

If you can get the PCN numbers, phone the Traffic Enforcement Centre 08457 045007 and find out what address the notices have been going to. Then consider making a statutiory declaration and have the cases rolled back to Notice to Owner stage and you can name the driver.Enforcement will have to cease, including any wheel clamp be removed, once you put the appeals process into motion.

Professional property investor and conveyancer

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A friend of mine called me up on Thursday morning telling me that the baillifs came round to their house and clamped her car.

 

At the time she had no idea what the debt was for or anything about any other debt. The baillif clamped the car and left a message saying that they will be back the next day.

 

Her brother then phoned the baillif later during the day and he was told that the debt is for 3 parking tickets and 1 speeding ticket.

 

When she spoke to me i adviced her that whatever happens she should not open the door for him. He came this morning and knocked the door several times with threats to enforce entry, calling the police etc. Eventually he left because the door was not opened.

 

According to the letter, the baillif company is called phillipscollectionservices .org .uk

 

Speaking to her again today she is telling me that she has no idea about any of the fines and that she has not recieved any letters from any council authority about the fines or DVLA about the speeding ticket.

 

I straight away knew that something is not right as it is practically impossible to get 3 parking ticket and a speeding fine without knowing anything about it.

 

Now the problem is that she is saying that it is possible that her brother might be responsible for them while she was not aware for it. She thinks that maybe he has been hiding these letters but is it possible to hide all of them?

 

What i dont understand is why is the baillif company dealing with both parking fines and speeding fines. Shouldnt the speeding fines be handled by DVLA first?

 

I think what she needs to do is try and find out which council or DVLA issued the fines and to try and look for proof as to whether it was her car in the first place. The reason being even though she is suspecting her brother she is not 100% sure.

 

How would you advice that she goes ahead with this? The baillif are threatening to force entry and are not listening to anything being told to them. Is it not possible to stop them while the matter is being investigated? We cant just pay them the £2000 just because they are saying we owe them. Surely they must provide the proof.

 

Thanks

 

 

It would appear that Philips have amalgamated two different files against your friend. This would be interesting because if goods were actually sold then the proceeds would need to be distributed to two different creditors and unless the vehicle is worth a lot of money I cannot see that either could realise very much.

 

HOWEVER, your frind needs to make urgent enquiries and about the debts and the starting point is this. Philips enforce parking tickets on behalf of City of Westminster and your friend needs to contact their parking office and quote the vehicle registration number to find out if there are any PCN's outstanding and if so, she needs to ask them to confirm what address all statutory notices have been sent to. If there is a problem with the address, or if she had not received any notices then she can file Out of Time statutory declarations immediately. All enforcement against the PCN's would then have to cease until the matter was determined.

 

With regards to the fine, Phillips has a contract with HMCS for the enforcement of outstanding Magistrate Court fines and she needs to find which court imposed this fine. This should be evident on the documentation left by the bailiff. Once again, she should have received a summons and if she had not, then she can file a simple Statutory Declaration and this would need to be sent to the relevant court that imposed the fine. A valid Statutory Declaration will revoke the fine and all enforcement would have to be cancelled.

 

Possibly, your friend had her car registered at a previous address, and if so this could be the reason why she had not received statutory notices.

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