Student with excessive bailiff fees from parking fines in his fathers name. HELP!

[DJHarris15]

Hi all,

 

I am a student living at a property rented by my parents in the UK, whilst they live abroad in Turkey and are only back in the Uk a handful of times a a year. About two years when i was living in a shared house, i was driving a car that was registered in my Dads name, I received two parking fines within a short period of time which I believed were unjust and therefore appealed against numerous times (I had paid a ridiculous amount for an annual permit of which all spaces were nearly always occupied, mainly by vehicles with no permit therefore I was forced to park 'illegally''). Over the past couple of years I have moved around a lot whilst letters regarding this matter have been addressed to my father and posted to the there UK address.

 

Long story short, after moving back to my parents property in mid-November there was a hand posted letter from Swift Credit in the letter box demanding nearly £300. With help from my older sister who is a solicitor, we got the bailiff action suspended until the 6th January. Since then I have had a bailiff knock on my door and hand post another letter in which the sum due has risen drastically. Basically my worry is that a) the debt is not in my name but my fathers and b) I am an unemployed student, and have no means of paying these fees. I would happily change the debt into my name if this was a possibly, I do not own anything worth taking and would be happy to fight the matter but my Father obviously has a house full of furniture and belongings! With help from my sister, we have been in contact with the council who issue the original PCN's and offered to pay them in full, the CAB who appear to have less knowledge than I do on the matter, and also Swift credit themselves to try and find out when the matter will go back to court. All to no avail. The fact that the debt is in my fathers name is proving to be a massive obstacle.

 

I completely understand that my ignorance and arogance is to blame for my current situation, and now know that issues like these MUST be delt with immediately and not brushed under the carpet. I have read numerous forums and advice online. A few threads that I have read on this site have given invaluable advice to people in similar situations to mine, I would be so grateful for any help/assistance that could be provided.

 

Also I must add that, my father finding out about this situation and being responsible for my debt of such expense would be the WORST possible outcome.

 

Any facts, figures or evidence can be provided.

 

Regards,

 

Danny.

[wonkeydonkey]

Who ordered the suspension and on what grounds? if it was pending a further hearing then Swifts should back off until that takes place.

 

WD

[DJHarris15]

Who ordered the suspension and on what grounds? if it was pending a further hearing then Swifts should back off until that takes place.

 

WD

 

Hi WD,

 

My sister rang Swift telling them the house was unoccupied and asked if action could be suspended as my father would not be in the country until after Christmas, this was just to give me time to understand the situation without the fees increasing further.

 

Any advice on what to do next would be much appreciated.

 

Thanks,

 

Danny.

[seanamarts]

What you could do is write to the parking services at the council and explain that you were the driver and you are responsible for the PCN's. Explain that your father will not be back into the country until later this year and you would like to pay the PCN at the stage it was issued.

 

Who did you appeal this too?

 

Because the car is not in your name you may have to tell your father, he can then transfer it over to your name as you were the drive at the time.

 

To be honest I cant really see what other options you have. Sorry.

 

Others may be able to see a way round this, but owning up to your father seems the obvious thing to do in this situation.

[ploddertom]

Have you asked to see the Warrant(s) & see what date is on them as they are only valid for 12 months.

[DJHarris15]

Thanks for your advice seanarmarts, I did actually ring the council a few days ago explaining the situation and stating that I would pay the fines immediately, I was told that the computer system would not accept payment whilst it was in the hands of the baliffs but 'to make sure the bailiffs are behaving correctly', implying the chances are they were not. Swift Credit deal with all Cardiff City councils parking/motoring cases so maybe he was not just speculating. After the conversation I accessed the councils online PCN payment system and realised he was telling the truth. I have also been told there is no possible way to change the name of a debt :/

 

Ploddertom, I have received two hand delivered letters from the bailiff. On the second occasion he knocked the door and I answered never expecting it to be a bailiff as it was 7:30pm, I immediately stepped outside and shut the door behind me, he asked for my father (using his name) and I panicked and told him my father would not be here until next week. I knew that was the wrong thing to say, In hindsight I should of said he was out the country for the foreseeable future in order to deter the bailiff and increase the chance of the case going back to council. I have educated myself a lot in the past week on my rights with regards to bailiffs, I'm fully prepared to question his ID, warrant and film any encounter if necessary. I'm thankful for your reply.

 

An ideal solution would be for the bailiffs to accept my father was out the country long term and for the case to go back to the council where I with the help of my sister can hopefully pay what is necessary and deal with the situation, without the involvement of a cowboy charging ridiculous fees as he sees fit. I've read that a bailiff company has 180 days to pursue a debt, after that it goes back to the creditor, can anybody confim this is true? Or inform me otherwise.

 

All help is much appreciated.

 

Thanks,

 

Danny.

[ploddertom]

PCN's like these are valid for 12 months. I asked about the dates on the Warrant as you say some of them are originally more than 2 years old. You could in theory sit it out and wait till it is handed back to the Council, Bailiffs actually only manage to settle approx 20% of all PCN's they are given.

[DJHarris15]

I was told that the council are legally allowed to chase a debt for 6 years? I think waiting it out might be my only option at this point. With regards to a warrant, do the bailiffs use intimidation and threatening behaviour initially because they do not have a court warrant and it is not easy/time consuming for them to obtain one? If this is the case, I'm sure waiting it out could work, as the first bailiff letter received is dated 24th August 2012.

 

Thanks for your rely.

 

Danny.

[ploddertom]

You are getting mixed up with differing debts. You may be thinking of Council Tax or Business Rates with regard to 6 years, if they obtain a Liability Order within 6 years of the debt being due then they never become Statute barred. PCN Warrants only last for a 12 month and are not renewable.

 

If you think you can stand the tactics etc used by some of the Bailiffs that cal then so be it but be warned constant knocking at the door for an hour or so can wear you down. They are also known for asking about you to neighbours and may inadvertently reveal they are Bailiffs.

[wonkeydonkey]

If you come clean with your father and he can show he was out of the Country at the time the pcn's were issued....they will find it hard to prove he was the driver and will have to reissue the ticket at original charge????

 

WD

[Caz16]

PLODDERTON

PCN Warrants only last for a 12 month and are not renewable.

 

Do you mean if a bailliffs warant of execution or high court write are not enforced/unable to enforce, then the councils cannot, use bailliffs to try & get their money?

[Caz16]

plodderton

if they obtain a Liability Order

 

What is a 'liability order' in the context of an unpaid PCN? thanks

[Bailiff Advice]

You have joined a thread that ended almost 4 years ago. It would be better if you start a new thread.

[honeybee13]

I agree, BA, Thread closed

 

Caz16, you would be better posting on one of your other threads or starting a new one.

 

HB