Phoenix Commercial - Clamped Car for removal then called ambulance HELP!

[sideshowbob]

Ive just had a rather nasty incident that i need help with desperately.

 

I had a knock on the door this morning by a bailiff asking for £739.84 for an unpaid parking ticket. They stated that they had clamped my car and would remove it if i didnt pay the amount in full. I suffer from M.E and chronic migraines and spend most of my time in bed unable to do anything. Today was the first day i have managed to get out of bed in a while and i was greeted by this!

I offered to give the bailiff my rent but he stated this would not be enough and would have to remove the car. At this point i started getting chest pains and having trouble breathing. I feel to the floor and then heard the bailiff say he was going to call an ambulance, and then i passed out.

I came round and the bailiff was still at the door and the paramedics arrived. At this point the bailiff threw a letter on the floor and left.

At one point i remember him saying that he had the council on the phone and that he was trying to get them to help me but that they refused.

The paramedics have now left (It was just a bad panic attack mixed with my M.E) and i am looking at the letter he has left. I have also looked outside and cant see a clamp on the car, what do i do?

[wonkeydonkey]

Deplorable, unbelieveable...and yet ....... so true to form it has to be given crediiblity. I do hope you are feeling better?

What does the letter state please, it will be a good starting point to caggers helping you with the pcn and then move on to get a formal complaint made to the Council.

 

WD

[sideshowbob]

I feel much better than i did thank you, but im still feeling pretty rotten. I feel for the ambulance service having to deal with this sort of stuff. They were really amazing and it made me quite tearful to be delt with by such caring individuals immediately after having to deal with such a monster.

The letter is a "NOTICE OF SEIZURE OF GOODS & INVENTORY", and has my name and address on it followed by a paragraph stating that the bailiff is certificated at croydon county court and that the sum owed is £739.84.

There is then a penalty charge number and then my registration number. This is followed by an inventory section where the bailiff has written a description of my car in the box. The amount owing is then broken down- this reads;- Parking penalty charge £180, court fee £7, Bailiffs costs £552.84, Total if paid today £739.84.

The notice is then signed and dated by the bailiff. There is a section for me to sign that is blank.

 

The thing that sticks in my mind is that as i was getting dizzy just before i passed out i remember him saying, "Actually ive had another look and you only owe four hundred and...." i didnt hear the last part of the figure tho.

Ive just checked his name on the bailiff register thing and it states that he is certificated until 19/11/2011 but it says that his employer is Davies Enforcement not Phoenix Commercial (which is printed on the Notice he left)??

[hallowitch]

The bailliff regester is not always 100% you will have to phone Ministry of Justice Public Register of bailiffs on 020 3334 6355

 

and ask if this bailliff has had a change of employer to Phoenix Commercial

 

 

 

 

Civil enforcement agency Davies Enforcement has gone into liquidation. Insolvency practitioner Findlay James was due to wind up the company and appoint a liquidator on 5 August.

The firm collected parking debts for councils including the London Boroughs of Southwark and Richmond, as well as Thanet and Dover councils. All four confirmed that they were not owed any money by the bailiff firm.

Davies, based in Caterham, Surrey, was founded in 1998 and led by joint owners Karl and Elaine Smith....

[x bailiff]

move your car mate and don't just park it round the corner as they will look there, many threats as usual but they may come back, and if your car was clamped it would be very visible(big yellow clamp) and for safety reasons they should put a sticker on your front windscreen or drivers side door just so you don't just get in and drive off clamped and damage your car.

No car then they got nothing to hold you over

[x bailiff]

let me know if the bailiff is either paul isadore, kevin crompton or dave dagg

[ploddertom]

Were you aware of the ticket? Have you had notices about it sent previously through the post? Have you moved house within say the last 2 years & if so could the vehicle have been registered at your old address?

 

PT

[x bailiff]

need to deal with the now as no bailiff is bothered whether there has been past correspondence or not as they just want paying

[wonkeydonkey]

So pleased to hear you are recovering from this mornings visit, post #7 needs reply to give a bigger picture also you will need to request a breakdown of the fees applied to this pcn, see below for template.

 

 

 

"From:

My Name

My Address

To:

Acme Bailiff Co

Bailiff House

Ref: Account No: 123456

 

 

Dear Sir

With reference to the above account, Can you please provide me with a breakdown of the charges.

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 Request under the Data Protection Act S7 1998 so does not incur a fee of £10. You are obliged to provide this information.

I require this information within 14 days.

Yours faithfully

Ripped off customer"

[seanamarts]

Did you ever receive a PCN or notice of one.

[sideshowbob]

Thanks all for your interest. Im sorry i had to go and have a bit of a lie down and hence havent been around.

 

Were you aware of the ticket? Have you had notices about it sent previously through the post? Have you moved house within say the last 2 years & if so could the vehicle have been registered at your old address?

 

PT

 

I wasnt aware of the ticket, but to be honest with you im not aware of much these days. The problem with the M.E is that your brain stops working properly. I have a continual brain fog and some days cant remember how to turn the TV on let alone what happened yesterday. I know this sounds like an excuse but my personal administration has gone to pot these days, i really struggle with keeping a check on things.

If they say i have a parking ticket im inclined to believe them (although it does sound unusual as i normally use my disabled badge). I havent moved house or anything like that so there are no other excuses im afraid.

 

So pleased to hear you are recovering from this mornings visit, post #7 needs reply to give a bigger picture also you will need to request a breakdown of the fees applied to this pcn, see below for template.

 

 

 

"From:

My Name

My Address

To:

Acme Bailiff Co

Bailiff House

Ref: Account No: 123456

 

 

Dear Sir

With reference to the above account, Can you please provide me with a breakdown of the charges.

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 Request under the Data Protection Act S7 1998 so does not incur a fee of £10. You are obliged to provide this information.

I require this information within 14 days.

Yours faithfully

Ripped off customer"

 

Thanks for this. I will fill that out and send it off.

 

Did you ever receive a PCN or notice of one.

 

I honestly dont know. I havent been able to deal with stuff for quite a while. It is possible that it was received whilst someone else was borrowing the car

 

I just want to make it clear to everyone that im not trying to shirk responsibility here. I will gladly pay for a fine i have incurred, i just need help to deal with it. Im also shocked that so many charges can be added on to a parking ticket to bring up the amount so much. £739 is absolutely unbelievable.

[sideshowbob]

let me know if the bailiff is either paul isadore, kevin crompton or dave dagg

 

The bailiff was none of these people. Is it considered bad practice to post his name?

[sideshowbob]

move your car mate and don't just park it round the corner as they will look there, many threats as usual but they may come back, and if your car was clamped it would be very visible(big yellow clamp) and for safety reasons they should put a sticker on your front windscreen or drivers side door just so you don't just get in and drive off clamped and damage your car.

No car then they got nothing to hold you over

 

I have moved it now with the help of a friend. The problem i have now is that i cant use it anymore. If the car isnt parked outside my house i am unable to walk to it, hence im now pretty much trapped in the house.

[hallowitch]

is you car on hp ,finance,or leased through mobility

[brassnecked]

I have moved it now with the help of a friend. The problem i have now is that i cant use it anymore. If the car isnt parked outside my house i am unable to walk to it, hence im now pretty much trapped in the house.

 

sideshowbob falls into the vulnerable category imho, so along with TEC should inform council and bailiffs of this fact. one for x-bailiff, if someone has limited mobility, no car and uses a mobility scooter, could/would a bailiff levy and take it away leaving them housebound? Op's car pretty much serves the same purpose imho

[wonkeydonkey]

Well for a start you are without doubt classed a "vulnerable" and this must be brought to the attention of the Local Authority immediately:

Do you have a support worker?

Do you have your car on motability?

Do you have motobility componant of DLA?

 

WD

[tomtubby]

I am very concerned at the astonishing amount of fees that are being charged by bailiff companies enforcing a parking ticket. I hadn't been aware that Phoenix Commercial were charging such fees, but then again......nothing is surprising me any more.

[brassnecked]

I am very concerned at the astonishing amount of fees that are being charged by bailiff companies enforcing a parking ticket. I hadn't been aware that Phoenix Commercial were charging such fees, but then again......nothing is surprising me any more.

 

How far shy of the correct sum are they on this one?

[sideshowbob]

is you car on hp ,finance,or leased through mobility

 

Its none of these. I purchased it with the backdated money i received from DLA after it took them 18 months to process my claim.

 

Well for a start you are without doubt classed a "vulnerable" and this must be brought to the attention of the Local Authority immediately:

Do you have a support worker?

Do you have your car on motability?

Do you have motobility componant of DLA?

 

WD

 

I dont have a support worker. I used to get help from the M.E clinic but as soon as i became too sick to attend the clinic the help stopped aswell.

My car isnt on motability but i do receive the lower mobility component of DLA. This should be the higher rate but the DLA messed up and i havent been well enough to appeal.

 

Is there a list of fees that bailiffs can charge? i would be very interested to see what they are allowed to charge.

[brassnecked]

The bailiffs should be told about the vulnerability as must the council

[citizenB]

http://www.consumeractiongroup.co.uk/forum/showthread.php?325574-*****************Sunday-Times-want-to-talk-to-you-bailiffs***************&p=3605007#post3605007

 

Would you be interested in telling your story to the Sunday Times ? If so, have a read of the link above and then contact BankFodder on the admin email - Put "Sunday TImes" in the subject heading.

 

[email protected]

 

make sure there are no gaps in the email address when using it.

[sideshowbob]

So what should i be doing next? I will send out the letter asking for the breakdown of bailiff charges, but i need to try to work on some way of being able to get my car back outside the house so i can use it again. It would also be quite nice to be able to get rid of this horrible ball of stress stuck in my stomach thats making me feel rather awful.

[wonkeydonkey]

Tomorrow ring the council tell them you are classed as vulnerable and you need the account with the bailiffs putting on hold to allow time to furnish proof to being vulnerable,e tell them of todays events and if they disbelieve it they can check it out with the ambulance station, then over the weekend we can get you some help to get the ball rolling...I am so sorry I cannot help you with the pcn as they are not my forte' but I can bash some letters out for you once I get some feedback from caggers in the know on pcn matters.

 

WD

[sideshowbob]

Wonkeydonkey, thank you so much for your support. Just knowing that i have got some people on my side makes a massive difference. I really cant tell you how much i appreciate it.

That thanks also goes out to everyone on the forum that has taken time out of their busy day to help.

 

Now im going to start asking some silly questions;-

Is there a way of finding out which council to contact about the PCN? Im inclined to contact my local council, but in all honesty i dont remember this PCN and have no idea who issued it. It doesnt say anything about this on the notice from Phoenix Commercial. All it has on it is a PCN number and it says somewhere in print that the bailiff is acting under a warrant of execution issued with the authority of the Traffic Enforcement Centre.

[hallowitch]

phone the Traffic Enforcement Centre. 08457 045 007. give them the pcn number and ask for the address on the warrant of execution and the name of the council

 

if its not your address

 

They will then email you a TE7 &TE9 which is an Out of Time Witness Statement. You need to state on it that you were unable to complete the form any sooner as it was not until a bailiff visited you at your current address that you were made aware of the pcn and that from enquiries made it would appear that all notices had been sent to your previous address.