joint parking and c tax help please

[jonjokes12]

I have had a long running battle with andrew james and ciuncil regarding parking charges and c tax. I was due to pay the final 304 monday but wont be able to until tomorrow, explained this but had visit this morning.

No knock on door, just came downstairs to two letters.

 

Council tax had had second visit fee of 14 added

parking ticket has had 3rd visit fee of 70 added

 

neither letter says they have added money. They both just have increased arrears. Andrew james have said that they could charge 30 visit fees on a parking ticket if they want to, only c tax has the 2 visit rule

 

they also said they can charge 2 call out charges even if they only came out once

i.e a call out charge for both fines on one call out

 

i need to know if this is all correct. I am paying the amount owed prior to these fines tomorrow, but have stated i wont be paying the new charges until i get some clarification

 

thanks in advance

[wonkeydonkey]

Dig your heels in and if they want to go to court over the fees they will probably be laughed at...remember this week was Bank Holiday and as we all know knocks normality on the head.....you told them the payment would be late, so you already have good argument twice

WD

[jonjokes12]

Cheers for the reply, bust as these are hogh court enforcement officers, they wobt take me to court for the fines., they will come and "collect" them

 

i wanted to know the legal standing of the fees

[jonjokes12]

Excuse the spelling posting from phone

[wonkeydonkey]

Cheers for the reply, bust as these are hogh court enforcement officers, they wobt take me to court for the fines., they will come and "collect" them

 

i wanted to know the legal standing of the fees

 

This does not make sense...............if the fine is a magistrates fine for motoring offences then there is NO CCJ

For High Court involvement there MUST be a CCJ for them to transfer to the High Court and obtain a writ of Fi'Fa'[there other ways they can act with writ but not for

motoring offences]

 

None paid magistrates fines will result in you being ordered back to court for'means hearing'

 

The Council do not have a ccj they have a liability order so again no High Court involvement

 

So where does High Court Enforcement come into play???????

 

WD

[ploddertom]

They are using the old chestnut of a dual purpose letterhead where usually emphasis is given to the higher authority eg High Court Enforcement Officers and it will have Certificated Bailiffs in a smaller typeface - for a good example see what Marstons use. When received the recipient only reads that which is prominent.

 

PT

[jonjokes12]

thanks for the replies, does anyone actually know if there is a legal amount of times bailiffs can call for a parking ticket, and if there is a legal document outlining the amounts charged per call out?

[ploddertom]

http://www.consumeractiongroup.co.uk/forum/showthread.php?318966-Need-some-help-with-Equita-please!-Tried-to-take-my-car!%281-Viewing%29-nbsp&p=3546560#post3546560

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?318956-The-Distress-for-Rent-Rules-1988&p=3546554#post3546554

 

Have a read of the above 2 the posts by Tomtubby may help you.

 

PT

[jonjokes12]

i have had a read of both of those posts, but cant find anywhere that states number of visits allowed at a chargeable rate, or what that rate is. Is there something in black and white law that states what charges can be charged and how?

also tried looking up the Road Traffic Debts Order but couldnt find conclusive answers...

 

I just "assumed" there would be a simple formula that these companies had to abide by when collecting a debt. It doesnt seem right that they can call out to collect a debt charging a made up amount every time, and then posting a letter through my door with a new balance, but not stating how that new balance was calculated, not giving me a number for the bailiff or even a full name, just Mr X. No time was stated as to the visit, just the date.

 

All just seems a bit vague that they can charge any given amount, and get away with it. It feels like theft, but there is no one to complain to. It doesnt seem right that someone can just turn up at my house, add a sizeable amount to a debt and if i dont pay that amount my things get taken off me. And this is for a parking ticket i have already paid £400 + for, and was on my last payment of £170 to clear. Now this one ticket will be at the stage of £640+ if i was to pay it today. It feels like a theft i cant contest..