Collect Services Ltd being naughty?

[clemma]

I'm asking on behalf of someone else so bare with me. She received 3 PCN's in April last year. Each of them was appealed but the appeal was not successful. She has a blue badge but they all stated the badge was not on show.

 

Anyway, the three fines were sent to Collect Services Ltd. They have never been in her home, there is no walking possession, she has never even seen them. They cost of each fine has now increased to £532 EACH. I will post screengrabs of each statement.

 

She has a mobility car which they keep threatening to take, they say they have put the car on a stop and seize APNR program and they are refusing any and all offers of payment. They are aware that she is disabled, so therefore vulnerable, but instead of working with her they are threatening a £200 per month charge per fine.

 

Anyway, the statements all look like this:

 

https://www.flickr.com/photos/119641422@N02/15018823129/

 

I have no idea what they are levying on, presumably the car. So what should her next course of action be?

[clemma]

And the other two...

 

https://www.flickr.com/photos/119641422@N02/15019000250/

 

https://www.flickr.com/photos/119641422@N02/15019000160/

[tomtubby]

Could you please ask you friend to contact the Traffic Enforcement Centre and ask them for conformation of the date that each warrant had been authorised. Before calling TEC see whether the local authority will provide this information.

 

On 6th April new regulations were implemented regarding bailiff enforcement and one point is that they provide far more protection for 'vulnerable' debtors and as an example, the bailiff is not permitted to take control of a vehicle that displays a blue badge so please make sure that your friend is aware that her car is secure and cannot be taken by any ANPR program !!

 

When responding can you let us know whether your friend has any correspondence from Collect Services regarding their threats to take her car or whether all discussions have taken place by phone.

[unclebulgaria67]

Surely they applied some form of notice to the car and posted something through the door to say that they had levied on the car ?

 

If you looked at the car, is it obviously a mobility car ?

 

A mobility car for a disabled person would be exempt and therefore any levy would surely be invalid ?

 

I think you need someone like Tomtubby to have a look at this and advise what the next step would be.

 

The council that issued the PCN's would be responsible for the actions of Collect Services, so I think a complaint should be made to them in writing as a matter of urgency. They need to be made aware of what is happening, that threats are being made to take a Mobility vehicle.

[tomtubby]

It is an offence to park a vehicle without displaying a blue badge and the local authority should have provided photographic evidence at the 'appeal' stage. If you friend had of been displaying the blue badge then they should have made what is called 'Formal Representation'. Sadly, a little known fact is that many local authorities contract to 'first stage appeal' out to the very same company who issued the parking ticket on the car !!! With Formal Representation this is not permitted.

 

However, as all PCN's are now at 'warrant' stage the opportunity to appeal is now lost and there is no procedure at all that allows for a 2nd chance to appeal.

[clemma]

Two were issued December 2012, one was issued April 2013. Enforcement fee is only on the fine from April 2013 but no attendance fee. The other two both have attendance fees of £137.50. All three have three levy/visit fees of varying amounts. The two PCN's from December both went to the bailiff on 12th July 2013, the one from April 2013 went to the bailiff on 11th November 2013. I have asked her to send me the emails she has received from them and will post further details as soon as I get them. I know the new fees are a set amount but does that apply here as these were with the bailiffs before those new rules? I will ask her to get the exact date of each warrant.

 

Thank you.

[clemma]

Surely they applied some form of notice to the car and posted something through the door to say that they had levied on the car ?

 

If you looked at the car, is it obviously a mobility car ?

 

A mobility car for a disabled person would be exempt and therefore any levy would surely be invalid ?

 

I think you need someone like Tomtubby to have a look at this and advise what the next step would be.

 

The council that issued the PCN's would be responsible for the actions of Collect Services, so I think a complaint should be made to them in writing as a matter of urgency. They need to be made aware of what is happening, that threats are being made to take a Mobility vehicle.

 

She's had nothing. Nothing but threats. They have been told numerous times that the car is a mobility vehicle, by email. I am waiting for those emails.

[clemma]

It is an offence to park a vehicle without displaying a blue badge and the local authority should have provided photographic evidence at the 'appeal' stage. If you friend had of been displaying the blue badge then they should have made what is called 'Formal Representation'. Sadly, a little known fact is that many local authorities contract to 'first stage appeal' out to the very same company who issued the parking ticket on the car !!! With Formal Representation this is not permitted.

 

However, as all PCN's are now at 'warrant' stage the opportunity to appeal is now lost and there is no procedure at all that allows for a 2nd chance to appeal.

 

I don't know her personally, just saw her pleas for help on facebook. She isn't computer savvy so I said I would get some information for her. She did appeal, and lost those appeals, so I am assuming they had some proof to show there was no blue badge.

[Derwent]

Surely they can not apply a levy against the motability car as she does not own it ? Motability cars are leased and ownership is retained by the Motability scheme, hence the lessee does not get given the V5 for the vehicle and all maintenance, tax and insurance costs are paid for by Motability. I'd be tempted to let them take the car and then report it as stolen.

[mikeymack2002]

These PCN's look over a year old, obviously they may have entered the home on a previous visit can you check to find out if your friend has signed anything please

[brassnecked]

I feel they will not take the vehicle, they will threaten and bully to tryt to get payment, but they know full well they will be in a spot of bother if they do take the car. In fact if they and the council remain intransigent, the press may be an option. m I'm sure they would like to kick a bully bailiff.

 

Might be worth contacting the local councillor tro appraise them that their apppointed enforcers are proposing to unlawfully take and sell a Motability Lease car.

[tomtubby]

As 'Clemma' has said above, she does not know the debtor and only became aware of her problem on facebook. Until we know more we can only make guesses.

 

However, the FACT REMAINS that under the new regulations a vehicle displaying a blue badge is specifically excluded from being taken into control.

[lookinforinfo]

She will have to be careful as not paying outstanding PCN's etc can lead Motability to repossess the car-it's in their T&Cs.