#parking Charges from local council now with Andrew James bailiffs

[RaeUK]

Hi jonjokes, apols for being so late into the fray. I've spent the afternoon at my local hospital being pulled and poked and having very large needles inserted into where very large needles have no right to be. But not a patch on your daughter. My best wishes to her.

The vulnerability question hinges on one thing. Does your daughter reside with you? If yes then I'll happily post more info for you. If no, then we need to just check your household's personal situation and get a little creative ...

Rae

[jonjokes12]

daughter lives with me and my partner at the address where the bailiffs attend. Must stress these charges are in my fiance's name and not mine, im just trying to help clear them

 

and once again thanks for everyones best wishes

[RaeUK]

It's no worries whose name it's in. The National Standards apply to the household. Here is a link to the vulnerable status but do scroll up and down to read the document, it's quite brief:

 

National Standards

 

Andrew James Enforcement Ltd is a member of the Enforcement Services Association which supports the National Standards. Don't bother complaining to them as they are quite toothless but that's not the point.

 

What you need to do - and you may have done some of this already - and concurrent to other advice - is to:

 

Write to the Parking Department of your Council detailing your daughters vulnerable status. Enclose copies of medical evidence and any benefits she may be recieving such as DLA or ESA or both. Request that the case should be brought back to the Council. Quote from the Standards as necessary.

Copy that to Andrew James.

Send both 'signed for'.

If the reply is negative copy to Councillor and MP. Also Formal Complaint to Council CEO.

 

This should be taken back by the Council. They know it. Mr James knows it. They both hope you don't know it.

 

One thing I haven't seen in this thread - and why I had to ask if your daughter resides with you - is her age. There is a psychology to letter writing and you need to bear this in mind. My apologies if it sounds cynical. If your daughter is quite young then you need to bring her age into the equation. 'My 4 year old' 'My ten year old' etc. If she's in her teens then it's a fifty fifty guess but I'd use 'my school age'. Any older I wouldn't mention.

 

Rae

[jonjokes12]

thanks very much for the help Rae. My daughter has just turned 19weeks old so still just a tot which is whats making this even harder.

Written to the council and they rejected it saying that they agree with everything that has been done so far and nothing to question in their eyes.... Im starting to get really upset about this because it looks like my daughters condition is worsening and that repeat brain surgery may be on the cards and really cant be dealing with something so silly as parking tickets

[brassnecked]

thanks very much for the help Rae. My daughter has just turned 19weeks old so still just a tot which is whats making this even harder.

Written to the council and they rejected it saying that they agree with everything that has been done so far and nothing to question in their eyes.... Im starting to get really upset about this because it looks like my daughters condition is worsening and that repeat brain surgery may be on the cards and really cant be dealing with something so silly as parking tickets

 

Time to follow Rae's advice and start the FORMAL COMPLAINT procedure, letters as suggested and copied to local councillor, the leader of the council, this as an elected member not an official like the CEO, and also your MP, as they get interested when councils and bailiffs get silly and manage to gather bad publicity, by harassing vulnerable families. Remember your daughters age and illness according to the national guidelines makes the whole family vulnerable, remind the council and bailiffs of this, in the letters you also copy the MP etc into.

[jonjokes12]

little update

i have received a letter from my mp today asking me to give them full authority to act on our behalf, which we have filled in and will send tomorrow.

 

Andrew James have sent 3 letters in 6 days saying if full payment isnt made immediately then they will gain entry to the property and remove goods etc.. due to my refusal to pay.

Last week i sent the letter and email requesting all information as suggested on here, i know that email has been read but rather than act on it they just continue to send letters threatening to remove goods.

 

Could someone tell me where it is written that they cannot levy twice, and can only charge fees once even if dealing with multiple tickets? It would be much better if i could quote on something legal when speaking to them

 

 

thanks again to everyone, you dont realise how much stress your helping to lift off our shoulders

[brassnecked]

It is on the forum somewhere, but basically they cannot levy twice on the same goods, as they cannot auction the same item twice can they. At least your MP is helping, and hopefully the bailiffs will back off. They are a nasty lot, and are hoping to force you to agree to their terms and pay up before the MP shames the council into taking it back off them possibly robbing them of some more fees they could add before the debt is discharged.

 

Try not to stress and they cannot call over the weekend now.

[jonjokes12]

is it a fact that if they call out i can refuse them entry into my home? because last time the bailiff called he said i have no choice over whether he comes in or not, but luckily being 6'6" and around 18stone it helps a little. But can i legally ask them to go away?

 

Hopefully the MP will be a big help to me, and all of you are a massive help as well

[RaeUK]

19 weeks? 19 weeks? Your seriously ill daughter is only 19 weeks old and you are getting hassle off the bailiff and rubbish from the council? It would be obvious to a semi-literate canine that you and your partner will be under tremendous pressure at the moment. Not surprised your MP has sniffed a little kudos for himself/herself. I am absolutely livid.

Let me make one thing absolutely clear for you. Don't worry about the bailiff. If they storm your property and remove every item you possess, don't worry about the bailiff. I say this because you have a clear and justified case and have the moral highground. The bailiff will lose and have his derriere kicked from Lands End to John O'Groats. The council has a duty to call off their attack dogs.

If you can post dates of when you contacted the council and / or bailiffs, then I will happily write a Formal Complaint for you over the bank holiday. You don't have to use it but it'll be there to use, adapt or ignore I don't mind which.

Best wishes to you and your family. Do keep us posted about the little one - it's not just the bailiffs we care about

Rae

[RaeUK]

Also, if you'd be so kind, could you confirm the full title of the bailiff company as it is on any correspondence you have. Just want to double check I have the right people. Can you tell me which council you are in dispute with?

many thanks

Rae.

[if you feel the info requested may identify you then feel free to PM]

[JO1010]

Hi i have skimmed through this thread and it was only a few days ago i had hassle of this bunch.

 

Ignore there threats as there full of s***. Phone your council and ask for recoveries manager tell him the situation and if they make you pay you tell them that you will pay say £10 a week via standing order (ANDREW JAMES DONT ACCEPT S/O AS PAYMENT).

 

If the council accept offer they will be forced to pull back debt as andrew james dont accept standing order. Do not give these idiots your card details sfter all Can you really trust them with sensitive information.

 

I know it sounds bad, but its the council you need to harass just like the bailiffs there third party are doing to you.

 

DONT PAY ANDREW JAMES A PENNY

[jonjokes12]

i cant get the council to accept payments, they have said they feel no wrong doing has occurred and are happy for Andrew James Enforcement to continue recovery... I dont know what to do, the council want their money but will not allow me to pay it to them. Andrew James want much more money than im willing to pay, as the £734 has been accrued by adding fees onto both accounts, including levying on the same car twice...

[brassnecked]

i cant get the council to accept payments, they have said they feel no wrong doing has occurred and are happy for Andrew James Enforcement to continue recovery... I dont know what to do, the council want their money but will not allow me to pay it to them. Andrew James want much more money than im willing to pay, as the £734 has been accrued by adding fees onto both accounts, including levying on the same car twice...

 

Take up Rae's offer of a Formal complaint letter that will specify where the wrongdoing has occurred, with the illegal double levy and therefore illegal fees applied, the intransigence of the council, who with their jointly liable baiilff Andrew James, acting OUTSIDE the guidelines they agreed to, patently DO NOT want to help a vulnerable debtor who wishes to pay. Include proof of their refusal to take money.

 

The MP should also now be an ally as it is in their interest to help you, (they look good in public stamping on bully bailiffs and wasteful wayward councils). basically the council don't want to pay their agent and buddy pal Andrew James, as they fear they will have to if they take the debt back. If the fees are wrongly applied they are void anyway.

 

Don't stress, and try to relax, nothing can be done until Tuesday, apart from emailing your letter followed up by signed for snail mail to the whole list of recipients. Your daughter is more important than any money, or poxy moronic robotic council apparatchiks, and bully bailiffs. This can be sorted out.

[outlawla]

.....The MP should also now be an ally as it is in their interest to help you, (they look good in public stamping on bully bailiffs and wasteful wayward councils)......

 

MP's should definitely be involved and I would advise anyone encountering council's recovery malpractice to contact their MP. The more bombardment the House of Commons receives in Parliamentary Questions, the more chance that something will be done.

[jonjokes12]

mp has been contacted and will receive our approval for them to act on our behalves some time next week. I have taken up RAE's very kind offer of help and hopefully i can beat these thiefs. I have no issues paying what i owe, but no way am i going to pay some bully bailiffs commission from illegal fees.

 

Thanks to everyone here and will keep you updated

[jonjokes12]

 

the little monkey your all helping, ignore the costume thats the partners doing

[RaeUK]

Aww, she's cute

A letter will be posted up long before your first munch of morning cornflakes...

Rae

[RaeUK]

Ok, I'll try and post in the thread my letter for you. If it's too big then I'll do it again as an MS Word attachment.

It is written in my own style as I would write it. This may not suit you and you may want to re-write it. No worries, as long as you get the gist. I may well have missed out information you feel should be in there either by accident or by not being privy to it. Has to be said, I'd forgotten how much fun these letters are to write as not only are you raising a valid complaint but also hitting the CEO over the head with a pigs bladder.

[RaeUK]

[usual start of letter address section]

 

Dear [Name of Council CEO]

 

REF: Outstanding Car Parking Charges [reference numbers]

 

FORMAL COMPLAINT

 

I am writing to lodge a Formal Complaint regarding the handling of the above Charge by both your Council employees and your collecting agent Andrew James Enforcement Ltd. I wish it to be registered as such.

 

 

I trust that your records will show that, whilst acknowledging liability for these charges, I have found them increasingly difficult to appropriately deal with due to my 19 week old baby daughter suffering the serious health condition of congenital hydrocephalus.

 

Essentially, congenital hydrocephalus is a build up of excessive cerebrospinal fluid in the cranium. This causes immense pressure to the brain and – in babies – a swelling to the skull. Treatment is available, however, surgery brings only a 50/50 success rate and belies a real risk of brain damage and a lifetime of debilitating disability. I am happy to provide medical documentation of her condition if necessary but, in the first instance, please refer to the following NHS website for a basic outline of the ailment:

 

http://www.nhs.uk/Conditions/Hydrocephalus/Pages/Introduction.aspx

 

This information was communicated to both your employees and to your collecting agent to no avail. I am sure you are familiar with the National Standards for Enforcement Agents and, in particular, how vulnerable households should be identified. In the unlikely event that you do not have a copy to hand then please use the following link to refresh yourself of the Standards:

 

http://www.dca.gov.uk/enforcement/agents02.htm

 

The Standards are quite clear as to which households may be deemed vulnerable. They include the ‘seriously ill’ and ‘people with a disability’. They go on to explain that an Enforcement Agent has a duty to assess the household and, should they meet the vulnerability criteria, pass the case back to the council on humanitarian grounds. The fact that neither your employees nor your collecting agent deems a 19 week old baby with congenital hydrocephalus as being vulnerable whilst failing to understand and appreciate the enormous pressure and strain this condition causes her parent is beyond my appreciation.

 

Your collecting agent has no excuse. I am sure you are aware – as it would have formed a part of their sales pitch to your council – that Andrew James Enforcement Ltd is a member of the Enforcement Services Association. This professional body wholeheartedly endorses the National Standards for Enforcement Agents and their Code of Practice insists members follow them. Lest this has escaped your attention, please refer to the following link:

 

http://www.ensas.org.uk/codeofpractice.asp

 

Unfortunately, since being made aware of my maternal difficulties, your collecting agent has persisted in writing disturbing letters to me and visiting my property irrespective of the effect the strain has on myself and my baby. They have even gone so far as to levy on an obviously scrap car of no value. Twice. I am sure you will be aware that a levy must be made on goods that, at auction, will make a return that will cover the auction costs, the bailiff fees and a substantive part of the debt. Whilst it is apparent that the valuation skills of your collecting agents employees leave a little to be desired, I can only interpret levying on the same nil value item twice to be vexatious in the extreme.

 

Once again, I formerly request that this case is brought back under the care of the council in order that I can arrange affordable and sustainable payments of the charges whilst negating the unnecessary stress and strain that your incompetent collecting agents are currently forcing upon my household at a very difficult time indeed.

 

Furthermore, I request that your council reviews it’s links with this organisation and, at the very least, insists that employees of Andrew James Enforcement Ltd are properly trained with regard to their responsibilities as prescribed by the National Standards for Enforcement Agents and their own governing bodies. With regard to your own staff, I make a similar request.

 

Due to the seriousness of this matter, coupled with an inability by either council staff or collecting agents to appreciate the situation, I have been forced to appraise my local MP. A copy of this letter will be forwarded to [him/her] for information.

 

I look forward to your response.

 

Yours Sincerely

 

A. Loving-Mother

[dx100uk]

you can always do it this way:

 

just pdf you word doc

 

then:

scan the required letters/agreements/sheets

as a picture file

remove all pers info inc barcodes etc using paint

but leave all figures and dates.

goto one of the many free online pdf converter websites

convert the image to pdf format.

or ir you have PDF as an installed printer drive use that

open a new msg box here

hit go advanced below the msg box

hit manage attachments below that box

hit the add files button on the top right

hit select files, navigate to your file on your pc

hit upload files

NB:you can set where it goes in the post by hitting insert inline.

the hit reply button

dx

[jonjokes12]

just to keep everyone updated.

I received a letter from Andrew James saying they knew i had taken the letters sent to them from a website, and that all the complaints i had were worthless as they had not acted illegally or imorrally in anyway, and now i should be seeking advice from the cab and a reputable solicitor.

 

I then made a formal complaint to the council over a fort night ago, and im awaiting the outcome of that.

 

So will see whats been done.

Only reason for not coming on here much was because we had yet another little trip to the hosiptal for a couple of days, but thank fully false alarm and the ETV still seems to be doing its job.

 

Once again thanks to the contributors for their help and fingers crossed

[brassnecked]

They would say that though, they would swear that black was white if they could cream another fee out of it.

 

Glad your little one appears to be OK, no thanks to the bailiffs.

[ploddertom]

just to keep everyone updated.

I received a letter from Andrew James saying they knew i had taken the letters sent to them from a website, and that all the complaints i had were worthless as they had not acted illegally or imorrally in anyway, - that sounds as if we have touched a raw nerve, maybe they will behave now but I doubt it - and now i should be seeking advice from the cab and a reputable solicitor.

 

I then made a formal complaint to the council over a fort night ago, and im awaiting the outcome of that.

 

So will see whats been done.

Only reason for not coming on here much was because we had yet another little trip to the hosiptal for a couple of days, but thank fully false alarm and the ETV still seems to be doing its job.

 

Once again thanks to the contributors for their help and fingers crossed

 

PT

[jonjokes12]

Right then an update... It has been agreed by the council to remove the most recent charges for the levy and move back to the original debt of £384 paid monthly at £128. This however makes no reference to the fact that Andrew James have applied illegal tactics with regards to totting up the fees on my account, and no mention of this was made in the letter to me. My main question is do i just accept ive been lucky that they have halved the bill, or to i still take on andrew james? I realise Andrew James have incurred some costs when chasing this "debt" but i just dont think it warrants them charging me illegal fees and getting away with it. Basically i want some genuine opinions, do i just pay up and consider it done and dusted with, or do i take them as far as i can and try and expose them. I really could do without the stress of doing it, i just feel that paying up and giving them their money is giving in a bit, and if people dont stand up to them they will never get brought to justice... Anyway, firstly a huge thanks to everyone who helped me get this far, and i await some opinions. Special Thanks to tomtubby, tingy and kelcou and everyone else who has helped thus far

[jonjokes12]

I spoke to the head of parking today, and he has said that the fees set within the council allow Andrew James to charge multiple fees to multiple accounts, including levying.

 

I was told that it is allowed for a bailiff to attend once, and place the attendance charges on multiple accounts, and that if i have a complaint it is with the bailiffs and has nothing to do with the council.

 

Does anyone have any advice about this?