HELP NEEDED - parking ticket fine - Baliffs reject my vunerable household plea

[unclebulgaria67]

Bump. Don't know the answer, so just bumping to top of the pile.

[pipwri]

I appreciate all your help

- I'm against the ticking clock now to sort this.

 

Bottom line is that I will only be able to resolve this if they accept my vunerable household plea

(which Garland has already implied I dont from his letter - I cant believe this - my poor 3 year old has had to witness all this

- everytime the door knocks he says 'monsters' (which we all know they are but to hear my little boy saying it is heartbreaking

 

- also when they have been walking around my house lokoing in through the windows when I havent answered the door

- its just not right

- we have all suffered

- if my car goes thats it

- I am literally in the middle of nowhere

- no buses, anything -

 

my kids go to school 14 miles away -

how would I get them to school?)

 

I am on income support and barely have the funds to put oil in the heating tank.

I'm sorry to go on but I have truely had enough.

 

The other way is to try and find flaws in their fees or conduct which I dont know is possible.

 

Thats why I appreciate all your help.

 

I said to the baliffs today I would be having the fees scrutinized by the county court

but they didnt give a damn and just said carry on

but we want the money or we are taking the car.

 

I simply cannot hide the car - I am surrounded by farmers fields and this is not an option.

[wonkeydonkey]

get to the court and do as OB says in post #62...also ask the bailiffs be withdrawn until after the matter has seen adjudication. Let them see you are not bluffing and are prepared to go the distance.

 

WD

[old bill]

Normally, I would not suggest this, but I feel you may have no choice but to apply to the county court for an injunction against the council and Excel

under Section 3, Protection from Harassment Act 1997.

 

Under normal circumstances, you would give notice, but, where necessary, you can apply for an injunction ex parte (without notice).

 

I'm attaching the Protection from Harassment Act 1997 and Court Form P39CH.

 

You will need to name the local authority as the First Defendant and Excel Civil Enforcement Ltd as the Second Defendant.

 

You will, probably, have to ask the court to restrain both local authority and Excel until such time as they have addressed your vulnerable status.

 

The local authority should not be putting you in a position where you could end up in a worse position and possibly put your health and safety at risk.

 

As you say, you live in an isolated location and I wouldn't mind betting you need your car to get to your GP.

 

It's rare to have to do this, but if the local authority and Excel won't listen to reason, sometimes, measures such as this are necessary.

pf39ch_e.doc

Protection from Harassment Act 1997.pdf

[pipwri]

Thanks very much OB, I am going to get onto this in the morning.

[pipwri]

Sorry, just one last question - do I lodge this with the court local to the Local Authority or can I lodge it at my local court. And is there a fee payable that you know of? Do I have to advise the bailiff company and the LA of my actions?

[Surfer01]

The fact that the judge said you should have had your mail re-directed shows that he never took into consideration all the facts and based on that you should be able to lodge an appeal. To the best of my limited knowledge there is no law that states you should have your mail re-directed when you move house. If you notified every one of the change of address, why would you have your mail re-directed anyway?

[old bill]

Okay Pipwri,

 

We need to see just how much Excel are overcharging before going any further. Could you please list the following -

 

Original PCN Charge

Uplift and Court Fee (This is where the fine increases when not paid within 14 days)

Number of Visits Excel have made

Details of any levy/levies

 

From this information, it will be much clearer how much Excel has overcharged and what will be the most appropriate course of action to take.

 

For your information, the fee for obtaining a prohibitory injunction is £175. However, as you are on benefits, you can get this remitted. I am attaching Form EX160 which will tell you how much you would have to pay if you have to apply for an injunction.

[pipwri]

Thanks you so much OB - I will list the fees that I have been charged:

ORIGINAL PCN FEE = £70.00 although this would be reduced to £35.00 if paid within 14 days. I am not in receipt of any paperwork directly relating to the original PCN issued by Pembrokeshire County Council, however I have made enquiries into the parking fees they charge and this sum is what they charge.)

 

The WARRANT SUM quoted on Excel's paperwork is £82.00. (From the paperwork I have received from Excel there is no mention of the original PCN charge - is this included in the Warrant sum or addition?)

 

In total there have been four visits that have been charged for BUT the first of those visits was made to my previous adress where of course no-one was living and still isn't.

 

The levy/fee details I have are as follows:

11/4/12 Letter Charge £13.44

15/5/12 Attendance to remove fee £114.00

15/5/12 Attend to Levy fee £33.60

12/6/12 Attend to levy second visit £68.33

16/7/12 Attend to levy third visit 72.08

1/8/12 Attend to remove fee £114.00

 

Please note that the first knowledge of any of this matter whatsoever (I didnt even know a PCN had been slapped on my car) was on the bailiffs vist on 12th June 2012 when I came home to the red letter so I cant see how they can charge for going to the wrong address.

 

OB, I have been to see my GP today who is going to write me a letter supporting my vunerable household plea. I am going to send it to both the bailiffs and the LA to see if that can bring any further weight to my case. In the meantime, thanks again for your help.

[ploddertom]

The following was written by Tomtubby this afternoon and possibly some of it is applicable to yourself.

 

"It is a shame that you had not pursued the appeal to the local authority but this is now in the past and hopefully, you will know better next time.

 

The fees are worrying.

 

Firstly, the statutory fees allow for a 1st visit to be calculated at 28% of the amount of the pcn at £202. This would be approx £56.56. To calculate the 2nd visit, you would need to add £202 and £56.56 and again apply 28%. I calculate that the 2nd visit fee should therefore be around £72.40.

 

If a bailiff were to charge an "attending to remove" fee then firstly, the intention MUST BE REAL. In other words, by charging £175, the bailiff SHOULD be arriving "tooled up" to remove the goods. It is very worrying if a bailiff were to charge an ATR fee without 1st knowing whether there are any goods belonging to the debtor that can be removed!!!

 

It is for this reason that it should be expected that the bailiff had FIRST levied upon goods.

 

Lets assume that the bailiff has previously levied upon goods....payment has not been forthcoming as agreed then the bailiff can attend with the intention of removing the goods and he may then charge an "attending to remove" fee ( which the regulations clearly state must be REASONABLE.

 

In this particular case the bailiff is charging £175 for "attending to remove". I am at a loss to understand how it is possible for Task Enforcement to then attempt to charge an "aborted removal fee" of £195 !!

 

By charging £175 the bailiff must attend ready to remove items and it goes without saying that the type of vehicle that he would need to bring with him must be suitably equipped for this purpose.

 

Lastly, if a bailiff is attempting to charge a fee for an "aborted removal" then you are legally entitled to write to NSL ( who own TASK Enforcement) or the instructing local authority and to request a copy of an invoice from the relevant removal company addressed to Task Enforcement as evidence that a removal contractor had been booked......and details of when the contractor was cancelled. Naturally, Task Enforcement would need to provide supporting evidence that they had paid the contractor !!!"

[pipwri]

Hello again,

 

just to give you an update - I visited my GP and she wrote a letter saying that my health was severly affected and asking for enforcement action to be ceased.

 

I forwarded this to Excel and the council and have heard nothing until this morning 07.45am.

 

A new company Proserve were threatening to clamp a car in my drive that doesnt belong to me.

 

The person who it belonged to went out and showed the log book but the enforcement guy wouldnt accept this.

 

I went out and said he should do a dvla check but he said he didnt need to.

He said that the V5 didnt show the legal owner just the registered keeper.

The car is genuinely not mine and my friend then proceedded to drive his car out the way but didnt realise the clamp was in place.

 

The car moved ok though but caused damage to the wheel.

In the end the police were called and didnt want o get involved but to cut a long story short

I have had to part with £50 to send Proserve on there way as an emergency measure.

 

My point is can they legally clamp somenone elses car?

 

No levy was signed or anything.

I have had enough where do I go from here.

I recorded on my camera a conversation between me and the bailiff

- he said they didnt have to make a levy and he could just take the car

- is this right.

 

And as this is a new company surely they cannot charge for the previous bailiffs fees and charges.

 

Wouldnt it go to a fresh slate with the charges?

 

I asked the bailiff to get him to email me the breakdown of costs which I have now received and they have indeed charged a levy fee,

van fee of £240 admin costs £60 amongst other costs.

 

Please guys, can anyone steer me in the right direction.

 

In the end the police had to take my children to school

- I mean, how bad is that?

[brassnecked]

The car owner could send a letter before action giving an estimate of the repair cost giving them 7 days to pay, before county court action is taken against te council and proserve jointly, Formal Complaint to council copied to proserve stating about the bailiff illegally levying a third party vehicle so the associated fees must be removed.

 

Don't worry others will be along soon

[wonkeydonkey]

Proserve...do not appear to be anything other than debt collectors...they are not registered at Companies House as bailiffs.....I think you will find they have no rights to seize a paper cup let alone clamp a car belonging to a third party? You need to set up a paper trail and start by writing to them (copy in the LA)

and ask for a breakdown of their fees, copy of the clamping order, copy of the warrant will do for starters...the reply should be interesting???

pepsie

[dx100uk]

opps naughty

they are NOTHING like a bailiff

 

NO LEGAL POWERS AT ALL.

 

are you SURE this WAS to do with the CTAX issue

 

if you filmed and recorded it

 

you need to show it to a police inspector

if he claimed to be a bailiff

arrestable offense

 

impersonating a member of the legal services

 

dx

[dx100uk]

who didn't search the name properly......

 

 

seems ok sadly

• http://www.proserve.co.uk/
  

[wonkeydonkey]

Name & Registered Office:

PROSERVE ENFORCEMENT SOLUTIONS LIMITED

UNIT 1 CLAYDON BUSINESS PARK

GREAT BLAKENHAM

IPSWICH

UNITED KINGDOM

IP6 0NL

Company No. 08066641

 

 

Status: Active

Date of Incorporation: 11/05/2012

 

Country of Origin: United Kingdom

Company Type: Private Limited Company

Nature of Business (SIC):

None Supplied

Accounting Reference Date: 31/12

Last Accounts Made Up To: (NO ACCOUNTS FILED)

Next Accounts Due: 30/09/2013

Last Return Made Up To:

Next Return Due: 08/06/2013

[wonkeydonkey]

'over 20 years experience' this suggests they have risen like a phoenix from the ashes following downfall of a previous firm????

[caledfwlch]

who didn't search the name properly......

 

 

seems ok sadly

• http://www.proserve.co.uk/
  

 

I thought the "Arrest Warrant Officers" were civil servants employed by the Courts, like County Court Bailiffs, not Private? (Proserve claim to be experts in this)

[pipwri]

Just to clarify - the one piece of paper he gave me lists them at Somerset House, 30 Wynnstay Road, Colwyn Bay LL29 8NB

 

no companies house details and only the baliffs telephone number and a fax number.

 

It states the amount due of £599.68.

 

I have to nip out now but I really appreciate your help guys I am at my wits end

 

- I cant give up on this and will be back online later.

 

Thanks everyone

[pipwri]

Oh, and just briefly,

 

when I asked for a breakdown of their costs

when he was at my house he said that would have to come from the office

and they wouldnt be able to do it until later.

 

Miraculously when I said to him, 'well you wouldnt pay for something if you didnt know what it was for'

 

he phone his company and they said they would waiver the attendance to remove charge and the bill dropped to £431.00.

 

My point is that surely they are only able to go for the warrant amount and their first visit fee and if this is £431.00

then surely the queen must be coming to pick up my vehicle!

 

Incidently he wouldnt show me ANY of the paperwork he had and implied to the police officers in attendance that he had a high court writ to collect the £599.

 

He was one of the bad guys who definately give the industry a bad name.

 

I will get my friend to file a complaint but where can I go now with this

- there are a number of wrongdoings on his part.

 

They obviously are not taking into account my letter from my GP about my vunerable household plea

and I will contact my MP to look into this if he will.

 

Should I contact the council to see what they have to say for themselves.

 

I feel they should have at least acknowledged receipt of the letter from GP that I sent them 2 months ago or informed me that they were instruction alternative enforcement agents.

[pipwri]

Can anyone please offer any advise as I would like to get on with this tomorrow?

[brassnecked]

Just to clarify - the one piece of paper he gave me lists them at Somerset House, 30 Wynnstay Road, Colwyn Bay LL29 8NB

 

I am going to Colwyn Bay tomorrow, i will look at that address to see if it is a legit office or an accommodation address.

 

I would ask the council what is going on

[pipwri]

What a true gem you are brassnecked - yes the address is as you stated above. I dont know if it is any coincidence but i seem to recall that excel civil enforcement are in that vicinity too - would it possible they are one and the same just t/as different names. Incidently it was excel that first took on this recovery before proserve just got involved. x

[brassnecked]

What a true gem you are brassnecked - yes the address is as you stated above. I dont know if it is any coincidence but i seem to recall that excel civil enforcement are in that vicinity too - would it possible they are one and the same just t/as different names. Incidently it was excel that first took on this recovery before proserve just got involved. x

Excel are on Conway Road, Wynnstay Road is mainly solicitors offices, in Colwyn bay, and 30 Wynnstay Road is Edward Hughes Solicitors, so they could be using the solicitors as the registered company address, or even have an accomodation office there.

 

Contact the council and tell them that their agent proserve were attempting to clamp a vehhicle belonging to a third party, and start a Formal complaint regarding their ignoring vulnerability, and the attempts to levy a car not belonging to yourself, you could mention the LGO and the Report into Blaby council regarding this very thing.

[pipwri]

I emailed the council asking for him to send me the official complaints procedures as well as detailing the unlawful clamping of a third party vehicle and he responded by saying that the forms are on pembrokeshire council website and that he has written to his bailiff firm and will respond to defend their actions. I also note after my research that the previous bailiff firm sent an uncertified bailiff to my house in October last year - this guy only got his certificate at the end of december

Edited February 2, 2013 by pipwri