Second Order for Recovery on Same Ticket

[Jamesx81x]

Hi

 

Would a SAR to a bailiff company produce the paperwork regarding accounts they have collected on

 

Ie Statements of accounts and charges added etc?

 

Thanks

[dx100uk]

how old?

 

dx

[Jamesx81x]

Account from 2010 im looking for

[dx100uk]

you can sar anyone you like

 

but i know you are entitled to a list without paying

and we use it often here.

 

but if it only applies to live cases i'm not sure...

"From:

My Name

My Address

To:

Acme Bailiff Co

Bailiff House

Ref: Account No: 123456

Dear Sir

With reference to the above account, Can you please provide me with a breakdown of the charges.

This includes:

a - the time & date of any Bailiff action that incurred a Fee.

b - the reason for the fee.

c - the name(s) of the Bailiff(s) that attended on each occasion a Fee was charged.

d - the name(s) of the Court(s) the Bailiff(s) was/were certificated (http://consumeractiongroup.co.uk/paypal.php?go=bailiff)Image: http://www.consumeractiongroup.co.uk/forum/autolinker/images/link3.gif at.

e - the date of the Certification.

This is not a Subject access request (http://www.consumeractiongroup.co.uk/forum/content.php?552-Data-Protection)Image: http://www.consumeractiongroup.co.uk/forum/autolinker/images/link3.gif under the Data Protection Act S7 1998 so does not incur a fee of £10. You are obliged to provide this information.

I require this information within 14 days.

Yours faithfully

Ripped off customer"

[Jamesx81x]

Thanks for that

 

I was thinking along the SAR route as it is an account that was settled at the time. As i have become more aware of their practices i believe there are alot of charges that should not have been added and i want them back.

 

I will try the letter first, failing that will send a SAR.

 

Thanks

[ploddertom]

Did you just have the 1 account? Do you still have the account no(s)?

[Jamesx81x]

Hi Tom

 

I dont have the relevant account number anymore, i had a receipt for payment but have no idea where i have placed it.

 

I emailed the council to see if they still have the reference number for the account. Yes it is just the one!

 

I was thinking SAR and wording it for all accounts you have dealt with and using the vehicle registration, due to me not having the specific account number.

 

They would still have a record on system wouldnt they with it been 2010?

 

Thanks

[ploddertom]

They should be able to trace you via name & address. Don't forget if you serve a SAR it will give them 40 days to reply & cost a tenner.

[Jamesx81x]

Ok thanks for the advice, ill see if the council manage to give me the details then send a letter off.

 

Failing those things ill send a SAR

 

Thanks

 

James

[Jamesx81x]

Hi

 

They sent me the details without the need for a SAR which was good.

 

On the statement it details 2 attendance fee's which total £196.

 

The bailiff came to collect and i paid up at the time as i had the money and didnt want to gain any further fees. This was his first time at my property and he had not attended prior to place any levy.

 

Knowing what i do now i understand they have no right to charge these attendance fee's unless they had previously attended to levy and were returning to remove goods. I was not aware of that at the time.

 

I have written to them giving them the chance to refund the attendance fees due to them not been due under the regulations otherwise next will be a court claim and they can argue they correctly added the fee's to the courts.

 

Is this the best way to go about it? As am not letting up in the slightest with them just as they do not us when shoe is on the other foot.

 

Thanks

[Jamesx81x]

Hi

 

What exactly is a bailiff allowed to charge for two visits to your property when acting on a PCN where no levy has taken place.

 

Also where does it state these

 

Thanks

[sequenci]

Hello there.

 

They can charge for sending a letter: £11.20 (+ VAT if they are VAT registered)

 

The vist fees are: If the parking charges plus court costs are no more than £100 in total: £28.

If the parking charges plus court costs are more than £100 in total: 28% of the first £200 and 5.5% for any amount over £200.

 

They can charge for up to three visits (VAT can also be added to these charges).

 

The Enforcement of Road Traffic Debts (Certificated bailiffs)(Amended 2003) Regulations 1993

[Jamesx81x]

Ty

 

Just one more thing, if their first visit fee takes it over £100 can they then charge the 28% or does it relate to the initial charges only

[sequenci]

Good question, and the charges should be a percentage of the initial amount once it's passed to the bailiff firm.

[tomtubby]

I am sorry but your question has reminded me that I was going to start a new sticky with copies of the fee scale.

 

The 28% applies to the amount of the PCN at warrant stage. I will post more details late today.

[Jamesx81x]

Thanks Tomtubby

 

So to be clear if the PCN is below £100 they can only charge £28 even if their additional charges take it over

 

James

[Jamesx81x]

Hi

 

Am i right in working out if there is an outstanding parking ticket for £82 + Bailiff Letter of £11.20 totalling £93.20, then if a bailif makes a levy as the debt is below £100 the fee should be £28?

 

If so just trying to work out how the Equita bailiff that attended is claiming £288.84 in bailiff fee's?

 

Thanks for any help

[Jamesx81x]

It was an initial visit too so minus the letter fee the rest is what i have been charged!!

[Jamesx81x]

Anyone?

[Jamberson]

Ask the bailiff to give you a breakdown of fees, which you are entitled to at no cost, and see what the charges are supposedly for. Post the details on here, then you will be able to see if they are legit.

[Jamesx81x]

Hi

 

Received an order for recovery today for a ticket back in 2012.

 

I have already been issued one of these for this PCN which was sent to bailiffs. As i refused to deal with bailiffs and only them the warrant ran its course and account returned to the council.

 

Now they have issued a further order recovery on a ticket that is 2 years old.

 

Is this standard practice? Can they just keep issuing these and sending it to a bailiff company?

 

Thanks in advance

[Jamesx81x]

In addition i was under impression that a LA had to request the re-issue of a warrant within the 12 month period not let it expire then apply for another?

[Michael Browne]

Can they just keep issuing these and sending it to a bailiff company?

 

Yes, I think they can.

 

Why didn't the previous bailiffs clamp your vehicle?

[Jamesx81x]

Was not the same vehicle, they were looking for my old one and my current one is garaged.

 

That aside as I said above once a warrant has expired its expired 12 months, why did they not follow procedure and have it renewed instead they have let it expire and trying to get a new one issued.

 

Am sure they cannot get a new warrant issued for the same person and address am just looking for clarification on the law about this.

[Jamberson]

They can in theory take a PCN through the process all over again, but my understanding is that they need to start again with a Notice to Owner, then Charge Certificate, then Order for Recovery and ultimately a warrant.

 

Have you tried speaking to the council and asking why you've received it?