Attendance notice the clearance of goods

[Earholes]

I was wondering if there is anyone that is able to offer me any assistance.

 

I received a PCN from the council last year which I appealed against and lost. It eventually went as far as bailiffs contacting me for for the payment. I offered an amount I was able to pay each month which they refused. Some time passed and recently a bailiff from another company arrived at my house and posted a letter through my door saying 'Attendance notice the clearance of goods'.

 

The letter stated he would be back in 48 hours to remove goods and hand written my friends number plate.

 

I managed to get a breakdown of costs which are as follows:

 

Debt - £82.00

First letter fee - £11.20

Visit fee 1 - £28.00

Levy - £40.80

Attendance / Van - £120.00

 

I managed to get the levy fee removed but was unsure if the other fees are correct.

Are they able to charge for attendance/van on the first vist and without a levy?

 

Thank you in advance.

[mikeymack2002]

Can you give more details on the appeal thx and what dates for the charges

 

 

MM

[Earholes]

Can you give more details on the appeal thx and what dates for the charges

 

 

MM

 

Hi

 

The first letter fee was from November 2013 and the debt from December 2012. The levy, attendance/van, and the first visit were all on the same day in January this year.

 

To be honest I didn't really know too much about the fine as all of my mail relating to the pcn was being incorrectly redirected. I did file an OOT/witness statement that came back as refused.

[mikeymack2002]

So was you aware of the Court case? have you explained that the documents went astray, and can you prove this fact?

 

 

Mm

[Earholes]

So was you aware of the Court case? have you explained that the documents went astray, and can you prove this fact?

 

 

Mm

 

I was only aware at the very last minute and the only real proof I have is a letter from Royal Mail acknowledging that my mail was incorrectly redirected.

 

Thanks

[mikeymack2002]

I was only aware at the very last minute and the only real proof I have is a letter from Royal Mail acknowledging that my mail was incorrectly redirected.

 

Thanks

 

 

 

This is your defence in this matter, but some will say it was "deemed" delivered but questionably "not" you have possible grounds to further your appeal in this instance with this letter from the Royal Mail, is it signed by them?

 

 

You may possibly be able to ask the Council for further time to pay, I would send this in and maybe they will look favourable in this case but only maybe, if you are lucky enough to be allowed the extra time then take it clear the debt and save issues further down the line. If by chance the Council agree to this then make sure you have it in writing and make sure the case is recalled from the Bailiff.

 

 

All people MUST sort out any irregularities at the earliest opportunity and before any Bailiff action is taken,

 

 

Good luck come back and update your thread and keep us informed

 

 

MM

[Earholes]

This is your defence in this matter, but some will say it was "deemed" delivered but questionably "not" you have possible grounds to further your appeal in this instance with this letter from the Royal Mail, is it signed by them?

 

 

You may possibly be able to ask the Council for further time to pay, I would send this in and maybe they will look favourable in this case but only maybe, if you are lucky enough to be allowed the extra time then take it clear the debt and save issues further down the line. If by chance the Council agree to this then make sure you have it in writing and make sure the case is recalled from the Bailiff.

 

 

All people MUST sort out any irregularities at the earliest opportunity and before any Bailiff action is taken,

 

 

Good luck come back and update your thread and keep us informed

 

 

MM

 

Hi,

 

I have spoken to the council, by phone and via email, who insist there is nothing they can do as it is now with the bailiff.

 

To be honest, the fine itself I am ok with. I should have followed up the appeal after not hearing anything.

 

What I'm not to sure about is the fees the bailiff has charged and my next course of action.

 

Are the bailiffs fees correct and can they charge a visit fee and an attendance fee on the same visit even though no levy was made?

 

Are they able to charge VAT on the fine itself?

 

What would be my next move? Do I pay the bailiff to avoid further fees, can I pay the council for the fine?

 

Who do I complain to, the council or the bailiff company?

 

I know that is a lot of questions but any help would be greatly appreciated.

 

Thank you in advance

[mikeymack2002]

Tomtubby is normally the person to give advise on this matter but is away from their keyboard on other matters, they will if they can pop in and advise accordingly.

 

 

The Council do have the power to recall the debt, ask to speak to a line manager to see if they will under the circumstances recall it from the Bailiff. Don't take no from the desk jockey that first takes your call, they may not know the rules that apply.

 

 

MM

[ploddertom]

Hi,

 

I have spoken to the council, by phone and via email, who insist there is nothing they can do as it is now with the bailiff.

 

To be honest, the fine itself I am ok with. I should have followed up the appeal after not hearing anything.

 

What I'm not to sure about is the fees the bailiff has charged and my next course of action.

 

Are the bailiffs fees correct and can they charge a visit fee and an attendance fee on the same visit even though no levy was made? If you say you have had the levy fee removed then surely the Van/ATR Fee should be removed as well

 

Are they able to charge VAT on the fine itself? VAT is charged on the fees

 

What would be my next move? Do I pay the bailiff to avoid further fees, can I pay the council for the fine? The only way to avoid further fees is to pay the Bailiff

 

Who do I complain to, the council or the bailiff company? The Council are responsible for the actions and charges of their contractor

I know that is a lot of questions but any help would be greatly appreciated.

 

Thank you in advance

 

PT