excel civil enforcement want £500 for missed PCN payment

[nicholas11]

Hello

 

I had a parking ticket from the council and more fees added so was £240 and

 

 

i agreed to pay £24 pw but missed 4th payment yesterday as changing job and forgot.

 

And now had notice of attendance £500 total bill owed pushed through letterbox.

 

Shall i ring and offer £50 pw , any advice appreciated

[Bailiff Advice]

Nicholas,

 

Without some 'background' information it is difficult to provide accurate advice. For instance:

 

When the agreement was made with Excel was this after receiving a Notice of Enforcement?

 

Do you still have the car that was involved in the contravention?

 

In some cases, vehicles are excluded from being 'taken into control' with a maximum value of just £1,350 applying. It is generally accepted that this is 'auction' value. Does your vehicle come into this bracket? If the vehicle is worth more than £1, 350 please do NOT provide the value on the forum.

[nicholas11]

Thanks for reply.

 

Yes agreement to pay by 10 weekly installments after notice of enforcement.

 

Yes still have car is worth just £350.

[GrumpyToSayTheLeast]

Nicholas,

 

 

 

Without some 'background' information it is difficult to provide accurate advice. For instance:

 

 

 

When the agreement was made with Excel was this after receiving a Notice of Enforcement?

 

 

 

Do you still have the car that was involved in the contravention?

 

 

 

In some cases, vehicles are excluded from being 'taken into control' with a maximum value of just £1,350 applying. It is generally accepted that this is 'auction' value. Does your vehicle come into this bracket? If the vehicle is worth more than £1, 350 please do NOT provide the value on the forum.

 

 

 

£1350 applies to a vehicle coming under a tools of the trade claim only. That will only be accepted if the defendant can prove the vehicle is for his or her SOLE use as a tool of the trade. If others have permission to drive then its not for sole use and can be removed.

[Bailiff Advice]

 

£1350 applies to a vehicle coming under a tools of the trade claim only. That will only be accepted if the defendant can prove the vehicle is for his or her SOLE use as a tool of the trade. If others have permission to drive then its not for sole use and can be removed.

 

In fact, under the new regulations that came into effect on 6th April 'exemption' also applies to vehicles if they are for use PERSONALLY BY THE DEBTOR in either of the following:

 

In the debtor’s employment,

 

In the debtors business, trade, profession,

 

In the debtors study or education,

 

As mentioned above the new regulations only came into effect six months ago on 6th April. The enforcement industry have always maintained that 'exemption' is only applicable to 'tools of the trade' and this is due to the wording under the old regulations. The fact of the matter is that some (in fact a lot) of bailiffs have difficulty actually adjusting to the new regulations.

 

Under the new regulations there is more protection for exemption.

 

If a vehicle has been 'taken into control' then it is a simple matter of informing the enforcement company under CPR rules within a set number of days and outlining the reason why the debtor considers the vehicle should be exempt. As long as the application is worded correctly and is submitted within the strict time period....the vehicle will be released.

 

So far.....I have not come across one rejection.

[brassnecked]

Would the exemption apply for a commute to work at unsocial hours or where there is no viable alternative as in no bus etc?

[GrumpyToSayTheLeast]

In fact, under the new regulations that came into effect on 6th April 'exemption' also applies to vehicles if they are for use PERSONALLY BY THE DEBTOR in either of the following:

 

 

 

In the debtor’s employment,

 

 

 

In the debtors business, trade, profession,

 

 

 

In the debtors study or education,

 

 

.

Thats never changed. If an asset was used for the defs employment, study, education or own business, then we wouldn't take it. But commuting to work, or commuting to college etc is not in use the defs employment or education.

 

I would imagine that if a case can be made for no other alternative, I.e unsociable hours, then it may fall into that category and become exempt.

[Bailiff Advice]

A significant change to the regulations (and frankly a welcome one) is that when a challenge is made (using the procedure under the new CPR regulations) the actual decision as to whether or not the vehicle is considered to be exempt is NOT for the bailiff to decide......

 

It is now the creditors responsibility under the new regulation to make that decision. Furthermore, the LA cannot...and must not outsource that responsibility to the enforcement company !!!

[brassnecked]

A significant change to the regulations (and frankly a welcome one) is that when a challenge is made (using the procedure under the new CPR regulations) the actual decision as to whether or not the vehicle is considered to be exempt is NOT for the bailiff to decide......

 

It is now the creditors responsibility under the new regulation to make that decision. Furthermore, the LA cannot...and must not outsource that responsibility to the enforcement company !!!

 

So if the bailiff or creditor remove a low value vehicle and such removal means debtor cannot work or get to work, therefore putting them onto JSA, they might look bad when challenged?

 

In OP's case then they need to show a good re4ason why it should not be taken beyond the fact that without keys and V5 it would probably only fetch 30 quid or so at auction.

[Bailiff Advice]

So if the bailiff or creditor remove a low value vehicle and such removal means debtor cannot work or get to work, therefore putting them onto JSA, they might look bad when challenged?

 

In OP's case then they need to show a good reason why it should not be taken beyond the fact that without keys and V5 it would probably only fetch 30 quid or so at auction.

 

BN.

 

First point is that only a bailiff may remove (and not a creditor). Secondly, household items are only ever removed in less than 1% of cases and that is why a motor vehicle is such a easy target. However, most companies (there is one exception that springs to mind !!) are not interested in taking 'low value' vehicles.

 

This is mainly to do with the way in which 'proceeds' from the sale of a vehicle are apportioned:

 

The auctioneers receives settlement for their commission and expenses.

 

Next the enforcement agency recovers the Compliance fee of £75.

 

Lastly, the balance will then be split on a pro rata basis.

[brassnecked]

So a 300 quid motor fetching £35 or so wouldn't even pay the auction fees. Sorry I meant the bailiff removes and the creditor tells them to take it even though bailiff informs creditor it isn't worth towing.

[Bailiff Advice]

So a 300 quid motor fetching £35 or so wouldn't even pay the auction fees. Sorry I meant the bailiff removes and the creditor tells them to take it even though bailiff informs creditor it isn't worth towing.

 

Auction value is significantly less. I dont know of any company that would take a vehicle that was valued at just £300. Even a value of £600-£700 is not of interest.

 

The enforcement officer would much prefer to enter into a sensible payment arrangement.

[brassnecked]

Auction value is significantly less. I dont know of any company that would take a vehicle that was valued at just £300. Even a value of £600-£700 is not of interest.

 

The enforcement officer would much prefer to enter into a sensible payment arrangement.

I think you would find that Jacobs or JBW would, in all probability.

[lookinforinfo]

Are you sure they want £500?

By my calculations you started off with £240, less £72 [3x £24]=£168 plus £235 for the bailiff visit should be £403.

 

Therefore you should write asking for a breakdown of how they arrived at all their fees including the days on which they were incurred. In addition, as only a

bailiff can charge the outlandish charge of £235, I would insist that they provide name of the bailiff who attended and put them to strict proof that it was that bailiff that visited. [Quite often, bailiff companies send out one of their office dogsbodies to deliver demands and those people are not entitled to charge for their visit at all].

I personally feel that in circumstances where no contact is made by the bailiff, then they should not be able to charge that amount. As I

understand it, the reason for that charge is that they bailiff is supposed to levy on goods and that charge is to reflect the time it takes to list the items that have

been levied on and then complete the paperwork.

Usually, once an arrangement is broken all the money is then due so you might find your offer of £50 refused. But do not make an offer that you know you will be unable to adhere to until it is paid off.

[brassnecked]

good point Lookinforinfo, so a request for breakdown of fees would be in order, Excel are another nasty crew like Jacobs, but I would make sure the council are aware that their agent's fees seem not to add up under the new system, and that your car would cost more top take and sell than it is worth, so would increase not reduce the debt if Excel took it.

[Bailiff Advice]

I think you would find that Jacobs or JBW would, in all probability.

 

In fact you are wrong on both. Instead of the initial "J"....look at "N"...

[brassnecked]

In fact you are wrong on both. Instead of the initial "J"....look at "N"...

 

Thanks Perhaps the two I mentioned have changed a little unlike N

[Bailiff Advice]

Hello

 

I had a parking ticket from the council and more fees added so was £240 and

 

 

i agreed to pay £24 pw but missed 4th payment yesterday as changing job and forgot.

 

And now had notice of attendance £500 total bill owed pushed through letterbox.

 

Shall i ring and offer £50 pw , any advice appreciated

 

From reading your query again you appear to be saying that you were due to make the weekly agreed payment of £24 on 29th September and then received a Notice of Attendance the day after increasing the debt to £500.

 

When the agreement was made with you were you told that payment had to be made on a specific day of the week?

 

This seem harsh to me.

[debsdarlo]

I am a full time student at univ and drive 56 miles round trip per day to attend.My car is on HP - reading about the new law that came in April does that meant my car cant be touched and where do I find info and print out on this law.