help marstons bailiffs chasing parking ticket

[queensclose]

next door just came round. marstons had visited while she was out.

 

her son had used the car last year and had a parking ticket and failed to tell he. she thinks he hid all the letters.

 

total bill is £495.

it is a council parking ticket

we called marstons and an aggressive bailiff said its not his problem and he just wants the total amount paid. asked if she could go into a payment plan he said no. because he will just take the car.

 

asked for a break down of his costs. he said the warrant is £161. and three visits totalling £166. asked how it adds upto £495. he said the rest is going to be for the tow truck when he comes to remove the car.

 

she told him she sold the car last week at which point he threatened her with contempt of court. i said how can it be contempt if the levy notice is today and she sold it last week.

at which point he become more aggressive. saying i,ll sort this out today. tell her i am coming round

 

i,ve advised her to not open the doors. call me i will video him. and go and get this set aside on the grounds she never received the original PCN

 

any other advice

[ploddertom]

Moved to Bailiff Forum

[Jamberson]

She cannot get it "set aside" because she did not receive the original PCN. What she can do is file an Out of Time Statutory Declaration, which challenges the bailiff warrant. Most of what she was told verbally is rubbish, but I wouldn't worry too much about that. She needs to file an Out of Time as quickly as possible.

 

There is a bailiff section on this forum. I would suggest you post on there, and also read around for details on how to file one. If she goes ahead, it will put the bailiff on hold. Were she ultimately to win the case, then all the bailiff fees would be cancelled, but she has a weak case to be honest. It's a harsh world, and the "appropriate" course of action, if she feels inclined, is to get the son to settle the debt and learn his lesson.

 

Correct advice about not opening the doors.

[queensclose]

what do you mean out of time

[lamma]

"he said the rest is going to be for the tow truck when he comes to remove the car.". Another instance. This is intolerable.

[Jamberson]

what do you mean out of time

 

A statutory declaration has to be submitted in a certain time frame - I think it's 21 days after an Order for Recovery is issued. By the time bailiffs get involved, that window will have passed.

 

In these cases, you can file an Out of Time one - and it requires an additional form, so it's important you file an Out of Time one. The additional form requires an explanation of why it was not done in the standard timeframe - and this is because correspondence was not received by the debtor, who therefore had no knowledge of the case prior to bailiff contact.

[sgtbush]

if the letters have been posted and the son was hiding the letters, this is not the councils or TEC fault, it will be rejected i think

[Jamberson]

It's worth a try. They might agree to it - or they might not. We'll have to wait and see.

[tomtubby]

You have said that the car was sold a week ago. Has the bailiff visited and "levied" upon the vehicle?

 

Also, how much roughly is the car worth and is it on finance?

 

The bailiff cannot by law charge a fee work that he MAY DO if he next visits....

Edited April 8, 2013 by tomtubby

[queensclose]

You have said that the car was sold a week ago. Has the bailiff visited and "levied" upon the vehicle?

 

Also, how much roughly is the car worth and is it on finance?

 

The bailiff cannot by law charge a fee work that he MAY DO if he next visits....

 

the bailiff did a dvla check using the reg from the parking ticket. it was sold just over a week before he visited and posted his levy through the door. its not on finance and is worth about £1200.

 

we have put an out of time into the bulking centre

[queensclose]

out of time dismissed. council are saying letters had been sent

[Jamberson]

The only option is to pay (£75 or so) to formally challenge that rejection through the N244 process. She does not have a strong case to argue and would run a real risk of losing that fee and gaining nothing. Decision time for her. The bailiff will come looking again soon.

 

What does the son have to say for himself?

[wonkeydonkey]

N244 is for use in County Court and I cannot see this results from a ccj?

 

Other than that, as these pcn's are not my 'bag' I cannot comment further ..with it being a weekend the forum is generally quiet but I suggest the OP stay's put as there are some very, very knowledgeable caggers who can advise.

 

WD

[unclebulgaria67]

Surely just a case now of working out how much is actually due to the bailiffs and paying them this amount. There was no levy, so it just the standard amounts to be added to the original PCN amount.

 

Original warranty amount £161, which would include what ? Think more info is needed to calculate what amount should be due.

[Jamberson]

N244 is for use in County Court and I cannot see this results from a ccj?

 

CCJ? This is a PCN which has gone through the bailiff system. There's no CCJ in this case. N244 is part of the standard process for PCNs.

[wonkeydonkey]

Jamberson, I have spent ages trying to work out my own post, it appears I had two windows open and started to post on one, I was distracted (but thats another story) and left the post unfinished returned to it later and totally lost the plot...I do apologise and will ensure I 'keep taking the tablets' to prevent another bout of confusion.

 

You are of course 100% correct and the OP should use the N244 to proceed and challenge the rejected OOT.

 

WD

Edited May 11, 2013 by wonkeydonkey