Problems with Counci lPCN and Bailiffs

[notsowisemonkey]

Hi,

me and my wife are having major problems with the local council

and they relate to parking fines from last year.

 

Last April we had a knock on the door from a Bailiff from Rundles & Co,

he looking for my eldest lad who doesn't live at home,

 

I told him this but he wouldn't accept this and

 

in the end I asked him to leave my property and not to return or he would be arrested for trespass,

he said he wasn't going so I called the police, he then left.

 

I contacted my Eldest lad who contacted the Local council and got a sum total for all the fines and late payments that needed to be cleared and

 

the day after the visit from the Bailiffs the total was paid by my wife and we have a receipt to prove.

 

3 months down the line and I received a fine at my address in my sons name for a car that had never been registered at my address,

 

I contacted the local council once again and

all I got was that they get all their info from the DVLA and that's where the car is registered,

 

I then contacted the DVLA in writing and a week later I got confirmation that the vehicle had never been registered at my address.

 

I sent this proof of to the parking dept and heard nothing,

not even an apology although I did ask where they got their information from because it was obviously not the DVLA.

 

Fast forward to 5 feb this year and

another Rundle bailiff turns up at my address looking for my Eldest lad,

that hasn't lived at home for well over a year and has had no cars registered at my address

since the trouble last april, he is not even down on the electoral roll.

 

They are now chasing him for fines from last year ( fines that were cleared / full and final settlement ).

 

The problem is

They keep turning up at my address and its causing quite a bit of distress,

 

Apparently the only way I can prove he doesn't live here according to the parking department is to tell them where he is living,

even if I knew this I wouldn't tell them.

 

I did put a complaint in to the parking department via the local town hall

but all I got back was a letter saying that no such sum of money had been paid last year (even though I have the receipt)

and that mine and my wifes attitude and behaviour towards the Bailiff and Rundles had been far from exemplary.

 

..wtf a trumped up little public servant trying to tell me how to behave on my own property.

 

I need to take this further but really need to stop the harassment, where do I go from here?

 

Thanks.

[dx100uk]

CEO of the council concerned.

 

dx

[Jamberson]

What has your son been doing all this time?

He's got a vehicle registered at DVLA in his name,

he's become liable for PCNs incurred by someone else,

he's got your address alongside his name,

which is causing you distress

- why doesn't he sort it out?

What's he got to say about it?

 

There's no point you complaining to the council

- he's the debtor,

DVLA are in error

- he needs to contact them, and also

file a statutory declaration contesting the bailiff warrant

(which might be quite a lengthy process for him) and after all that,

 

formally contest liability with the council for the original PCN.

 

He is in debt over this and

they are seeking to take his property,

if he has some at your address.

He should be on here,

not you!

[i hate bailiffs]

There is every point in complaining to the council the debtor does not live at your address

The bailiffs are the councils agent and acting on there say so council are liable 100%

[Jamberson]

He doesn't have to live there.

 

If the bailiff suspects he has property there,

they are entitled to investigate and call at the property.

 

There are no grounds for complaint.

 

The son needs to sort his affairs out.

[green_and_mean]

Your son has failed to sort out a PCN and now owes money, surely its him you should be moaning at not the Council who are trying to trace money owed to them?

[notsowisemonkey]

The fines were all paid in full last year,

 

He has had no vehicle registered at my address since last april

 

I have the letter from the DVLA to prove this,

 

he has registered his car at his own address

and is also on the electoral roll there.

 

One of the fines in June last year was for a car that had never been registered at my address

although my son had once owned the car it had not been owned by him at the time of the offence,

yet the fine still came through to my address and in his name??

 

He has no property at my house, why would he?? and

as far as im concerned now the Bailiffs have no right to come onto my property in regards to this matter,

 

I will be putting that in writing to them today,

 

I have just contacted the local councillor who has informed me she has had a lot of complaints regarding a couple of individuals

at the parking department and she is taking the matter up with the CEO,

 

(Thank you dx100uk).

[green_and_mean]

Do you know you paid the actual penalty he called to collect? You seem to be making an awsul lot of assumptions with giving very few facts, have you actually received the PCNs, charge certificates and orders for recovery?

[Jamberson]

They are entitled to call - that's their job.

 

It's not unreasonable to assume he may have property there,

if that address is at all connected to his name,

and if your wife paid off his fines last time.

The bailiffs will want to know if the son has property there,

and they are legally entitled to try and find out.

 

When you got the original PCN notice, it was addressed to your son.

What should have happened is that either you returned it to the council as "not at this address"

or you passed it on to your son to deal with.

 

As it is, the debt stayed live on the council's system and now it's at the collection stage.

 

You can understand that if your wife paid off some fines before,

they are likely to regard you as their main route to getting payment this time

and will chase the debt at your address unless you give them your son's.

 

Your son can sort this out if he wants to.

He needs to file an out of time statutory declaration,

but as the debt is his, not yours, he will have to do it.

 

If I were you, I would be telling him in no uncertain terms to get it sorted out now.

 

He could start by posting on here for some advice.

 

This isn't something you can really deal with,

unless you are willing to pay again.

[ploddertom]

Moved to Bailiff Forum

[notsowisemonkey]

The Bailiffs have now been told by the legal department of the council not to call at my address,

the fines were paid last year and

 

they have been trying to collect a charge for a car

that was not in my sons ownership at the time

nor was it ever registered at my address,

 

I have no idea at all how this came to be

other than to say the parking section of my local council are a law unto themselves,

looks like someone might be in a bit of bother

 

Its strange how everything we said to the parking dept seemed to go in one ear and out of the other,

 

As soon as the local councillor contacts them they listen.

 

 

@Jamberson - They are not entitled to call,

I revoked that right after the first visit,

it was stated that my son does not live here

and there is nothing belonging to him at my address,

we did return the tickets marked "not at this address"

but they still kept coming,

 

my wife paid the total of the fines while my son was present

(he had to be there to get a complete figure because of data protection).

 

@green_and_mean I made no assumptions,

I had all the paperwork in front of me,

the council and Bailiffs would not listen

- I probably didn't convey thing on this forum as well as I could have.

 

 

Thanks for the replies

[brassnecked]

With all due respect when you deal with Rundles, aka Bumbles, you may as well talk to a cat,

[dx100uk]

you cant remove right of access

be very careful of rubbish on those FOTL sites.

 

dx

[Jamberson]

If there's nothing of his at the address, ultimately the bailiffs are wasting their time. But you can't instruct them not to call at the door.

 

I am slightly confused because you said in your first post, "the day after the visit from the bailiffs the total was paid by my wife and we have a receipt to prove. 3 months down the line and I received a fine at my address in my sons name for a car that had never been registered at my address,"

 

If I understand correctly, some fines were paid and then another one arose, which hadn't been paid. So, it's a live debt. Isn't your son bothered? What will he do if they catch up with him? He could get this sorted out if he wanted.

[tomtubby]

What you son could have done here was to file an Out of Time witness statement but thankfully the matter appears to have been sorted out with the intervention of your Councillor.

 

This is an important point and one that the public need to know about. The vast majority of the public are unaware of the important role that Councillors play and many times (in particular when there are cases of vulnerability) Councillors have a direct route of getting problems solved and can arrange to help cases on hold etc.

 

Unfortunately your wife's 'kindness' in paying your son's debt was not a wise choice. This same situation happens very often ( and in particular with court fines) and the problem with parents paying their son or daughters debt is that bailiffs will know from the case records that they need only to put pressure on parents to get payment.