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#parking Charges from local council now with Andrew James bailiffs


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Hi,

 

I have been having a long ongoing battle regarding 2 parking tickets.

Basically they had been ignored and between the 2 reached £384 which begrudgingly i agreed to pay the debt collectors via 3 monthly payments of £128.

They say my first payment failed and would be collecting the whole amount, i can prove it shouldnt have paid. I then asked for the full amount to be collected from my debit card details which they had but they ignored this.

 

Sadly not long after this my daughter was rushed to hospital to have emergency brain surgery due to a condition called hydrocephalus (used to be called water on the brain).

 

Whilst in hospital with her they called back out and levied upon a useless car which was due to be scrapped. Levying on this car put the charges up from £384 to £732.....

 

Recently i had another visit from the debt collector where i refused him entry to my house, he was quite civil and friendly, and admitted that the car he had levied on was useless, and that it wouldnt cover the fees owed and would probably only cause further charges and "what else could he take".....

 

Now my daughter seems to be relapsing a bit and the likelyhood is she will need further surgery ASAP. I really cant deal with the hassle from them, and likewise cant afford £732. What i want to know is do i have any grounds for contesting this, or should i just find a way??

 

 

Thanks to all who take the time to help out

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i take it these are bailiffs not debt debt collectors [bIG difference!!]

 

one has legal powers the others DO NOT!!

 

name them please

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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moved

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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ive gone back to the local council and said im willing to pay but i want to pay them. They have said no...

 

Could someone answer this.

 

The fees went up to £750+ as andrew james levied on a car in my drive that was due to be scrapped. It doesnt run, has no keys and int worth a penny. Now the bailiff called out for both parking tickets, levied on the car on both tickets and added £400 split between the two tickets for this car being levied on.

 

When he called back out to my house i asked him about the car and why it was still there, he said its worthless and wouldnt even cover the feees it would cost to remove the vehicle, yet this levy is the reason the fees increased to over double...

 

Now they have said they have no interest in this car, yet the total amount is still over £750 due to this levy. Is this allowed?

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1 bailiffs cant levy the same goods twice

2 goods levied must have a value to be levied as they must cover all bailiff fees . including removal fees .storage fees ,auction fees, and a large portion of the debt 3 they cant charge multiple fees when collecting more than one debt this includes parking tickets

 

You have got your work cut with this lot

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I would start with sending Andrew James a letter (recorded delivery ) asking for a breakdown of fees

 

as i said you will have your work cut out with this lot even getting this info as i believe tingy had to subject access them to get the info

Name

Address

Andrew James Ref: Account Nos: 123456/78910

Council parking ticket Ref No: 435672 /89100

Date

Dear Sir,

With reference to the above accounts, please provide me with a breakdown of all fees charged and payments made for the above account

This includes:

a - the time & date of any Bailiff action that incurred a Fee.

b - The reason for the fee.

c - The name(s) of the Bailiff(s) that attended on each occasion a Fee was charged.

d - The name(s) of the Court(s) the Bailiff(s) was/were certificated at.

e - The date of the Certification.

This is not a Subject access requestlink3.gif under the Data Protection Act S7 1998 so does not incur a fee of £10. You are obliged to provide this information.

The National Standards for Enforcement Agents state that if a written request is made an itemised account of fees will be provided.

Please provide the information requested within 14 days of this E-mail /recorded delivery letter

Yours faithfully

Ripped off customer"

I would also send a copy of this to the council asking them to instruct there contractors to provide the information requested

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Please correct me if I am wrong, but would you not be able to have the debt sent back to the council under the vulnerable persons section, in relation to your daughter being so poorly (my heartfelt regards and best wishes to you for her). I am sure someone with more know how will be along soon but just a thought. :)

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Please correct me if I am wrong, but would you not be able to have the debt sent back to the council under the vulnerable persons section, in relation to your daughter being so poorly (my heartfelt regards and best wishes to you for her). I am sure someone with more know how will be along soon but just a thought. :)

 

 

no you are not wrong there it should be sent back to the council

 

the op should send a letter to the council and Andrew James providing proof of his daughters vulnerable status asking for the debt to be returned to the council

if they refuse then a formal complaint to the chief executive should be sent with a copy to his MP

asking him/her to intervene and help him resolve the situation

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regarding my daughter.

She had an operation to remove pressure on her brain. This op has a 50% success rate, but unfortunately due to her head circumferance increasing it looks as though it may well have failed, we find out later today..

 

The main concern is that anything can effect the pressure on her head, including any stress she feels. Too much of an increase in pressure could send her into a seizure, or damage her brain. These are worst case scenarios, but still possibilities.

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regarding my daughter.

She had an operation to remove pressure on her brain. This op has a 50% success rate, but unfortunately due to her head circumferance increasing it looks as though it may well have failed, we find out later today..

 

The main concern is that anything can effect the pressure on her head, including any stress she feels. Too much of an increase in pressure could send her into a seizure, or damage her brain. These are worst case scenarios, but still possibilities.

 

as a family you must be going through hell

 

I would phone your MP stress the urgency of getting this debt returned to the council and put on hold while you gather together confirmation of your daughters Vulnerable situation and the information required to confirm that Andrew James have conformed with legislation and added the correct fees to this account as you believe they have not as 2 parking tickets have escalated to £xxxx this being multiple visit fees and 2 Levy's against the same vehicle that has no value

 

if need be get his e-mail address and refer him to

the national standards for enforcement agents Vulnerable situations

http://www.hmcourts-service.gov.uk/infoabout/enforcement/bailiffs/standards.htm#part10

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I have contacted local MP's a couple of times with regard to help involving council tax and have to be honest, they were very helpful and stopped one outstanding debt getting a LO and being passed over and on a previous occassion they ordered the bailiff company refund the charges they put on. My case was minor in comparison to yours and believe that they will help you. (remember they want your vote as well!!!)

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i really do appreciate the time and effort that all the people on here take to help others out. If the whole world was more like this site it would be a much happier place.

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does anyone have experience of how helpful MP's are?

And does anyone here know if i actually have a case, or is this my fault and i just need to try and find the money?

 

you absolutely have a case regarding your daughters vulnerability

 

there is plenty case law .detailed assessments .local government ombudsman reports, confirming that multiple fees cant be charged

 

as for the levy on the car (that has no value) there is plenty to support the fact bailiffs can only levy on goods that have a value when sold at auction

 

they cant levy goods twice once goods are levied they belong to the local authority /bailiff until the debt is paid or removed and sold at auction

the 2nd levy is against there own goods

and how can they sell the same goods twice

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i have sent an email back to the parking services in the council asking how they can agree with the charges that have been placed on the file when quite clearly they dont comply with rules and regulations, but sadly they dont tend to reply to messages i send that often

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Have you sent emails to your local MP yet. I would do this as a matter of urgency as they can help get the debt passed back from the bailiff to the council.

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I sent one immediately after it was mentioned earlier and have had the generic automatic response of it could take up to 2 weeks for a reply... I will try ringing tomorrow as i know they are currently actively canvassing for votes so this may go in my favour..

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I sent one immediately after it was mentioned earlier and have had the generic automatic response of it could take up to 2 weeks for a reply... I will try ringing tomorrow as i know they are currently actively canvassing for votes so this may go in my favour..

 

there wont be anyone there tomorrow however there should be someone (his secretary) there today to take your call

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