Parking Fine £392

[clairebrampton08]

Hello,

 

I was hoping some one could advise me.

I received a parking ticket in January out side university on the road. The original amount was £25 (oh how I wish I had paid it then!). Sadly my aunt died the day after and I forgot said parking ticket.

 

I am a student and a single mother and buried my head in the sand. Last week I received a letter from B&S saying I needed to pay £157. The letter was dated the 8th of July I did not receive it until the 23rd??

 

Any way I didn't get paid until today 30/07/14 and intended to pay the full amount today (which I have done).

 

I was out all day today in my absence I had a piece of paper posted through my door from an "enforcement agent" entitled "notice of enforcement agent visit" which I picked up when I got home. I did not at any point see the "agent" in question.

 

I then paid £157. Do I have to pay £235 for 1 failed visit? I don't even know if the agent that "signed" visited personally? (He is registered I did check).

 

I have emailed BS and told them that I have paid the £157 and as per the Taking Control of Goods: National Standards 2014 I believe my account is settled.

 

Please help I really cant afford to give the parasites £235 it will literally take all of my wages. I am really worried about them taking my car (its parked in a public car park)

[clairebrampton08]

P.S I emailed the fine issuing authority before I got any bailiff letter offering to pay by instalments... I did not receive a reply I don't know if this makes any difference.

[lookinforinfo]

Have you kept the envelope in which you received the letter on the 23rd July? The day you received the Notice of Enforcement is critical as you have 7 clear days from

receipt of that letter. [7 clear days means starting from the day after you receive the letter and does not include Sundays or bank holidays. In your case that should be

the 1st August.

Write to the bailiff company and the fine issuing authority complaining that despite the letter being dated the 8th July, you only received it on the 23rd July. So the bailiff was not

entitled to call until the 1st August and ask to confirm that the £235 will be removed and the matter ended.

[clairebrampton08]

I can't find it I didn't think it was important when I got the letter so go knows where it is. I have spoken to the council this am and agreed to pay £5pw to pay them back their "fees". I can't have them take my car which is the only thing of value I have.

 

Thank you for your advise but with out the envelope I am stuffed aren't I.

 

I've had this problem with that company before. Last time the registered ballif on the letter was a man and the person that knocked was a women. Which when I rang and told BS this they told me wasn't true it was a man (with long blonde hair and a skirt) they kept on trying to enforce until the council realised they had as I had said all along over charged me and it all miraculously stopped.

 

Horrible horrible company

[lookinforinfo]

Don't get in a state about it-most people don't retain the envelope. That doesn't stop you complaining to both companies. bailiff companies are adept at dating their letters one

day but not sending them out for days and then some of them use postal companies other than the Royal Mail which are often much slower to deliver.

 

Bailiffs and bailiff companies lie-it seems to in their genes. When you have problems with them saying that a man called rather than a woman write back and put them to strict proof

who called. In that instance, I suspect that the person who delivered your letter was not a bailiff at all so not entitled to make a charge for the visit. They know who actually

called and can prove where the man they claimed called,actually was and that probably was nowhere near where you were.

[tomtubby]

Claire,

 

One good part about the new regulations is the PROTECTION that is given to 'vulnerable' debtors. If you are able to provide evidence that you have financial difficulty each company has agreed that they will REWIND the case back to the Notice of Enforcement stage and thereby REMOVE the Enforcement Fee of £235 from the account.

 

I can say with all honesty that each case that I know of where a debtor has written to the enforcement company and provided 'evidence' in support of financial difficulties /vulnerability the £235 has been removed. There is no point at all just telephoning the enforcement company...you will need to write to them.

[lookinforinfo]

The post from Tomtubby above is an extra string to your bow. The first one is that the bailiff had no right to visit you until the 7 clear days had elapsed. This he did not do and

so under the Regulations, the charge of £235 is not enforceable.

 

It is such a pity that you elected to pay the fees [i am assuming you mean the £235] when you weren't liable for them.

[clairebrampton08]

I know I just can't deal with the fight at the moment. I need to be able to get on with my life with out worrying about this c***. If I had the envelope and I could prove it I would go for it but I can't. I can't put myself in a situation where I am worried they will take my car or similar. I have written to my pm the authorities pm an Eric pickles office expressing my disgust though that made me feel a smidge better. Than you for all of your advice it is really kind of you. £5 pw is worth my sanity at the moment xxx

[clairebrampton08]

What kind of evidence?]

[clairebrampton08]

Just as a general query can I write to the LA B&S and their regulator whilst paying the fee to complain? So they can't up the fine but I can still complain?

[lookinforinfo]

Yes. Write to the CEO of the Council marking your letter "Formal Complaint". That way if the Council have contracted out the running of the back office to a company like capita

[who own a number of bailiff companies] then you bypass them and the CEO knows what is happening.

Explain about the date you received the letter and thus the bailiff was wrong at Law to come when he did. Carry on to say that you are paying £5 per week under duress because

a] you cannot be without your car and you are afraid that the car may be clamped otherwise

b] you are vulnerable [explain why], you cannot afford the unjustified £235 but you do not have the strength to fight it despite it meaning that you are depriving your child/children

and yourself of that money

 

If you told the Council that the bailiff called before he was legally entitled, then you should complain that the Council should at least have asked the bailiffs for an explanation

of why it took so long for the letter to arrive.

 

If you didn't tell the Council, then stress that the bailiff came earlier than he should have and ask why you should be paying the £235 when you are in dire financial straits.

Outline your financial situation so that the CEO knows the position. And once again ask the CEO why the letter took so long and that you have copied the letter to the Local Government Ombudsman. And do send a copy of your letter to the Ombudsman as they will want to know the unlawful practices carried out by B&S.

 

Good luck with the outcome. We will all be rooting for you here on the Forum.