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    • Hi there,    I have had a little read of the forums and I'd be grateful for any advice or recommendation on this matter as to be honest my head is in a total spin and I can't think clearly.   About 6 weeks back I got caught using my grandmother's freedom pass. I was massively struggling financially and desperate for a job. I was obsessed with getting a job to the point I thought of little else. I have autism and have been suffering with anxiety and depression also. To be transparent, I haven't had a 'clear head' in a while and lack a bit of an understanding of the bigger picture at times. When I used the pass, I genuinely thought it'd save me money getting to the interview (I had about £10 to my name and just was petrified about my life prospects) and put the pass back at my grandmother's and there would be minimal issues. I knew you could get prosecuted for not having the right ticket and knew I shouldn't have done it but I didn't actually understand what that entailed, if that makes sense?   I was caught on the way to interview and crumbled apart completely. As I was approached I panicked and attempted to produce a card I hadn't used. Safe to say the experienced inspector saw through that and once that happened I confessed to it not being my card and it being that of my grandmother's. I explained that I'd been made redundant in the summer and that I've always had a hard time finding jobs. I said I used the card because of my poor finances and that I just wanted to try and get the job and everything would get better after that.    He took my statement, cautioned me and I honestly don't remember the rest as I felt completely emotionally overwhelmed. Amazingly I did get the job and started the next day. Shaken up by what happened, I have consistently used my own oyster card since, eventually confessing my poor finances to my family who agreed to help me through the first pay day. Days later I received a letter from TfL which asked me to provide any mitigating reasons for them not to pursue prosecution. I accepted that what I had done was wrong, apologised profusely and promised to never do it again. I explained everything about my consistent struggle with employment, how I would lose my job if I was to be convicted, and that I only now understand the consequences of Freedom Pass misuse. I also described in detail my poor mental health and how it was worsening since the incident. I submitted this letter and received a response through email from one of the prosecutors who asked for further evidence of the mental health conditions and disability I was alluding to. This was towards the end of last month. I panicked and just didn't know how to reply, but I have since requested my medical records which I haven't got back yet. My anxiety and depression has gotten much worse, I was signed off sick from the new job i got, then subsequently let go from this job because of my sickness. I was prescribed medication not long after the initial incident and will be getting a higher dose soon. I am having constant panic attacks as I am terrified for my future life prospects. I struggle already finding and keeping a job because of my disability and coping with depression. I just feel a criminal conviction will be one barrier too many for me to find anything. My previous roles and work have all centred about some law and some finance which required Enhanced background checks. I emailed the prosector team member who emailed me all of this info and also explained that my anxiety over this incident had caused me to be off work sick and that I had subsequently lost my employment. I mentioned that I was remorseful and apologised again, and offered to pay a fine that TfL felt appropriate along with any other fees necessary in order to settle out of court. I said I have requested medical records and asked if there was a deadline to submit further evidence. I heard nothing back. Today I received a single justice procedure notice for entering 'a compulsory ticket area without having with him a valid ticket'. it's clear they intend to go on and prosecute me and i feel sick and cannot sleep even though I'm utterly sleep deprived.   The statement given by the RCI is in my opinion fair and accurate, I have no qualms there.  From what I can make out from the paperwork, it's the £4.90 that's in dispute (the cash value of the fare) which I've gotten from the RCI's statement and there's a mention of a fine (which would be reduced up to 33 % if I plead guilty) costs (mentioned as a 225 contribution) compensation (mentioned as £0.00) and victim surcharge with no value mentioned. I honestly feel my life is in ruins worrying about this and thinking about how bad things would be with a conviction. Sorry for the too much info but I feel like I'm very much at the edge at the moment. I know it may seem like my health getting so bad is an overreaction to the incident but I think that is the impact of my autism (I have a tendency to over worry and obsess) and my depression. I honestly can't think straight and the reason for my post is because I do need some direction in how to respond to this? I received a decent tax rebate at the end of october as well as full wages from my last job and would be in a position to pay. I just can't take the conviction hit.  Any ideas on my next steps, I still haven't sent further evidence as I'm still gathering it but should I start there? I have 21 days to enter a plea. I'm still awaiting my medical records but have a picture of my prescription, my 'fit note' which signed me off work, and have screenshots from my tfl account that show that I have been using my own oyster account since (Although now being out of work and most of the time find it hard to leave the house - these journeys are sporadic). I haven't consulted my doctor fully about why my health has gotten worse but I may talk to her in the hope that she may also write a letter if this would be helpful?   Apologies for the novel and again, any help, advice, and kind words would be appreciated. I recognise what I did was wrong but I am desperate to not pay for it for years and years to come.  
    • Send them an sar then threaten them with the ico if they dont remove it.
    • Please will you send the utilities company a subject access request. Do it tomorrow. Don't hang around. You will need this information to make any headway.   Secondary, you have posted quite an extensive story in a solid block of text and this is very difficult for people to follow. It discourages people who might otherwise be prepared to give you very useful support and advice. please would you avoid posting your stories or your responses in solid blocks of text. They need to be properly punctuated and spaced and generally speaking presented in a way that you would yourself like to have them presented to you if you were going to to help out on the thread.    
    • I think that he is trying to imitate Delboy Trotter.
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Hi just wanted a little bit of advice regarding bailiff laws for parking fines.

 

I have today received 2 letters from Collectica Enforcement Services relating to 2 parking fines received by my local council in March and April last year. The total amount owed is £190.88 (2 x £95.44). The letters state that as I have failed to pay the amounts outstanding for the contraventions they write to notify me that they have been instructed to commence immediate recovery procedures against me. It says that I am requested to make full payment within 7 days of this notice to prevent further recovery procedures commencing. if I fail to make payment bailiffs/agents will be instructed to attend your premises to instigate further recovery procedures. Additional charges will be incurred 8 days after the date of the notice.

 

With regards to these parking fines I received notices from the TEC late (because I had moved) and contacted them, they then passed it back to the council. I received notification from the council and then I responded online asking to pay by installments. I never heard anything else and if i am honest I just forgot all about them and had my memory jogged by these letters from Collectica!

 

I cannot afford to make payment in full. I could possibly make payments of £20 per month (£5 per week) so what do I do? On the back of the Collectica letter it says I can email them. My questions are:-

 

1) Are they just normal bailiffs i.e is this the same as credit card debt or are is this debt the one where they can get locksmiths etc?

 

2) I don't own anything of value.....I don't have a car, my sofa and TV are on HP therefore even if they did get in there is nothing of any value should I say this on my email?

 

3) Does anyone have any other suggestions as to what i say to them in this email?

 

Really can't face them turning up.

 

Any help much appreciated. Lucy

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They have sent the letters prior to visiting. Once they commence to visit the fees will rocket accordingly. Did the Council accept your Out of Times? The debt has now been to Court and a Warrant of Exeution will have been given to Collectica. The worst you can do when they call is to let them in - they cannot force entry unless they have gained peaceful entry previously. Although you have no car this will not stop them levying on random motor near to where you live. Even if they accept "instalments" they will probably want paying within 2 to 3 payments.


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They have sent the letters prior to visiting. Once they commence to visit the fees will rocket accordingly. Did the Council accept your Out of Times? The debt has now been to Court and a Warrant of Exeution will have been given to Collectica. The worst you can do when they call is to let them in - they cannot force entry unless they have gained peaceful entry previously. Although you have no car this will not stop them levying on random motor near to where you live. Even if they accept "instalments" they will probably want paying within 2 to 3 payments.

 

It was the TEC that I replied to and they informed the council who then wrote to me at my correct address. I filled out an online form asking to pay by installments but never heard anything further and like I say it just went to the back of my mind until now.

 

What would your advice be? Obviously I don't want them coming and adding extortionate fees on, I want to deal with it as quickly as possible but cannot pay the full amount. I know it's not a large debt but we only have 2 part-time wages coming in (but we earn too much to get help with HB etc) and we have an AOE on my husbands wage for council tax each week so that eats up quite a bit.

 

P.S. they haven't been before (this is the first I have heard from them) and I wouldn't let them in but I had dealings with Collectica 18 months ago for a court fee and some bad advice from the warrants officer. It was sorted in the end but the bailiff was very rude and aggresive and obviously because that was a magistrates court fine he was threatening locksmiths and all sorts.

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It would appear that it was reissued to your present address. You need to find out the date that is on the actual Warrant as they only have a life of 12 months.

 

Unfortunately the only way to prevent the Bailiff turning up is to pay in full. If you look at the letters you have received you may find they were "written" some days ago and only give say 7 days in which to sort this, it could be the time is up tomorrow or at the weekend.


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When the ticket was reissued it should have been at the original amount (£60 or £80) etc. Was this the case?

 

The debt is a civil one and does not allow for any right to force entry. If you do allow a bailiff into your home then this is your choice but is NOT to be recommended !!

 

Thankfully you do not have a car and accordingly the bailiff will have to rely upon you either making a voluntary payment or being allowed to come into your home to take goods (not to be recommended).

 

Unlike the majority of people, for this particular purpose, you are fortunate in that you do not have a car. I would therefore suggest that you write to the company to offer an affordable payment plan (at a rate that you can comfortably afford) and that this be sent by email.

 

I would also suggest in your email that you state that you no longer have a vehicle and that due to financial difficulties you will not be allowing the bailiff into your property because to do so will incur you in additional fees that you would be unable to afford.

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At first glance the amounts do not add up. As per tomtubby how much was each PCN originally ? This could be a case of the bailiff company doing a DCA job.

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At first glance the amounts do not add up. As per tomtubby how much was each PCN originally ? This could be a case of the bailiff company doing a DCA job.

 

I cannot remember and can't find any paperwork relating to it. It just says they have 2 accounts of £95.44

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It would appear that it was reissued to your present address. You need to find out the date that is on the actual Warrant as they only have a life of 12 months.

 

Unfortunately the only way to prevent the Bailiff turning up is to pay in full. If you look at the letters you have received you may find they were "written" some days ago and only give say 7 days in which to sort this, it could be the time is up tomorrow or at the weekend.

 

Who do I ask about the warrant? Collectica or the council?

 

Yes you are correct the letters were dated 23 January (how lovely eh?).

 

Right I shall email them now. Is there anything else that i should tell them other than the fact that I don't own a car? Like the fact that my sofa and TV are on HP?

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I have emailed collectica and received an automated response saying they will contact me within 7-10 days. I have offered to pay them £20 per week from next Wednesday and I will make the payment on Wednesday regardless of hearing from them.

 

If they do turn up they won't be getting in my house (they may not even enter my garden). I have 6ft fences / gate with a "I live here" dog sign on the gate. If they ring the bell on the gate I shall just let the dogs into the garden.

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UPDATE

 

Just received an email back from Collectica and they have accepted me paying by installments. £20 to be paid by 11/01/14 and then £15 every 7 days until the balance is cleared (no fees added). They just said that if I break the agreement they would visit and add fees on :-)

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Yet again your response is confirmation that writing to a enforcement company can provide the desired effect. Well done. An excellent outcome.

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