Baliff cannot collect, what happens to the parking ticket

[obiter dictum]

Just curious, if a Baliff cannot collect on a parking ticket then it is returned to the Local Authority.

 

How then does the local Authority achieve payment, county court, bankrupcy???

 

If a baliff could not collect, will it be economically viable for the council to still pursue the motorist

[russelldash]

no if you work for a company or are on benefits they will take it out of that and you will not find out until the first payment is taken and if working could be the full amount however the bailiffs can not get there fees paid and you only pay the original fine so beggars belief why the courts use them for people on benefits mad world

[i hate bailiffs]

It will get handed back to the council for further in further enforcement

That may be another bailiff company

[seanamarts]

Unfortunately the 'fine' (PCN) will not go away, once you get a PCN there are ways to appeal it if there is a need to but if there are no grounds for an appeal then you will have to pay it one way or another.

[queensclose]

normally they will write it off unless it was left address. further enforcement will cost them money and if a bailiff fails to collect. they would see it as a waste of money pursuing

[seanamarts]

They do? Have you anything to back you up with this claim?

[i hate bailiffs]

normally they will write it off unless it was left address. further enforcement will cost them money and if a bailiff fails to collect. they would see it as a waste of money pursuing

 

Utter rubbish next you will say they will write off council tax if a bailiff fails to collect

 

Sadly you are wrong

[queensclose]

sorry i should have been a bit clearer.

 

i'm assuming the bailiff has given up because no one will respond or open the door

 

when its returned by the bailiff. its reviewed for the reasons given

 

unless there is a realistic outcome of it been paid. it will be wrote off

options are pay i think £110 for attachment of earnings. how they gonna serve it. unless they know were you work. may get away with a judges order to post it through the letterbox on n61 and n63. but it will never get to a n118. unless its been served personally.

issue a warrant of control with a court bailiff cost i think £110. if a private bailiff can not execute it. what difference would a court bailiff do.

issue an order for questioning. again another cost and how they going to serve it

 

i know of seven people who have done similar and the last one was the council tax payer and tried to work with the council who refused and just referred to contact the bailiff. she ignored him and hid the car because the bailiffs bill was £700. after it expired she phoned the council and they told her that they had wrote it off.

 

she was told it was standard practice to write it off

[queensclose]

Utter rubbish next you will say they will write off council tax if a bailiff fails to collect

 

Sadly you are wrong

 

bit difference from a magistrates council tax order to a TEC county court bulk centre warrant

[seanamarts]

All I can say is that your friends are extremely lucky.

[tomtubby]

The fact of the matter is that when the enforcement agent makes a personal visit he will be entitled to charge an 'enforcement fee' of £235 and this charge is made whether or not he has been able to 'take control of goods'. His personal commission will be around £50-£60.

 

With a parking debt he would HOPE that the debtor has a car and he will attempt to clamp the car to 'encourage' payment. If there is no car or the car is of little value then the bailiff has a problem. He will ONLY be able to earn his commission is he can somehow obtain payment from the debtor.

 

He could return to the property a few days later BUT he cannot charge any further fees and therefore; he would be more likely to make contact by text messages to gain payment. Without having access to the debtors car the bailiff is much more likely to be willing to accept a payment proposal. In that way he will at least earn his commission (even if it may take a while longer).

 

Will he return the account back to the local authority?

 

As outlined above, the bailiff will only earn his commission once full payment has been made. If he were to return the account he would earn NOTHING.

 

With a parking debt I would never expect to hear of an attachment of earnings. The only exception to this being in cases of a 'persistant evader' and where there were lots of warrant outstanding (such as a case that I was assisting with yesterday where the debtor has 19 outstanding PCN's) !!!

 

PS: Each case is completely different. If the debtor lives in a decent sized house in a nice street he would be more likely to hold onto the warrant. If the debtor has no car and lives on the 5th floor of a local authority owned property block on flats on 'benefit street' he would be more inclined to return the warrant.

[queensclose]

All I can say is that your friends are extremely lucky.

 

can you give some examples of some unlucky ones

[brassnecked]

can you give some examples of some unlucky ones

 

Check out some of the JBW threads on this forum.

[queensclose]

Check out some of the JBW threads on this forum.

 

thanks brassnecked. i know you give sound advice. but i,m looking for examples of when the bailiff h warrant as returned the debtor has had a bad time

[seanamarts]

Are you being serious!!