excel RE:parking ticket issued by the council some time ago ,,

[badboy09]

i just had an enforcement /bailiff officer come to my door this morning

,in regards to a parking ticket issued by the council some time ago ,,

 

 

my wife had got a bit behind with making payments as her memory isn't all that great on this fine , and

2 weeks ago she went into hospital for major brain surgery , and

 

 

i rang excel civil enforcement to make them aware that my wife would be in hospital for the next week or so ,

and once shes back home and recovered she would ring them ,

 

 

she can out of hospital YESTERDAY , and low and behold THIS morning an enforcement officer turned up demanding £400 ,

my wife answered the door , and

he told her he would be back on the 28th for full payment ,

 

 

the original payment was £167 ,

and now its £402 .

 

 

she explained she had just come out of hospital and and that she was on benefits , and

he told her it's not his problem and he left leaving her no documentation to say he had even been !! ,

 

 

i wake up and find out , and i ring excel civil enforcement , and

they tell me i need to speak to the enforcement officer as its his job now ,

and not the actual office who dealt it out , so

 

 

i ring him , and his attitude is " i don't care" he tells me wife when he comes back on the 28th ,

with a warrant to enter the property and take goods ,

 

 

can he do that ?

because i certainly am not gonna let him through the front door !!

[dx100uk]

its a fine so yes he can

but they do tend to exaggerate simply to get lots of fees and bulk payment.

 

 

have you spoken to the council about this?

[badboy09]

the council as always brush it off , once they find out its gone over to the enforcement agents , they always tell you , its out of our hands , and basically want nothing to do with it

[renegadeimp]

Then escalate it higher. They still are responsible for those who work under their orders.

[badboy09]

how would i go about esculating it , as i always get the brush off when ever i enquire about it

[brassnecked]

If it is a council PCN, then no right of entry as it isn't a fine.

[brassnecked]

If it is a council PCN, then no right of entry as it isn't a fine. Send any evidence such as copies of hospital and doctors letters to the council and Excel.

 

Any truth in the rumour Excel might be sued by Microsoft for using that name, as it is their spreadsheet name?

[badboy09]

thats their website http://www.excelenforcement.co.uk/ it is a council parking fine , but excel have said that it dont matter now as the bailiff or enforcement officer dealing with it , has the last word now , but i will contact the council , but im not 100% sure they will just brush it under the carpet as well

[caledfwlch]

If it is a council PCN, then no right of entry as it isn't a fine. Send any evidence such as copies of hospital and doctors letters to the council and Excel.

 

Any truth in the rumour Excel might be sued by Microsoft for using that name, as it is their spreadsheet name?

 

We could encourage Microsoft to act, by sending loads of complaints to them about their Enforcement Officers behaviour, making them think the name similarity is causing real damage.

 

Excel Civil were formed in 1991, and Microsoft first released Excel in around 1987 so they have prior use of the name.

[badboy09]

ye lets start a petition up lol

[brassnecked]

We could encourage Microsoft to act, by sending loads of complaints to them about their Enforcement Officers behaviour, making them think the name similarity is causing real damage.

 

Excel Civil were formed in 1991, and Microsoft first released Excel in around 1987 so they have prior use of the name.

 

I would love Excel to try to defend a trademark claim in a California court, especially if MS can legitimately claim prior use of the name. Shall I phone Excel, and let them know I have told MS of their infringement of MS trademark?

 

But as far as the EA claiming he will be back with a warrant to force entry, he is ultra vires so a Formal Complaint to Council CEO, elected leader and local councillor perhaps.

[caledfwlch]

I would also highly recommend that Badboy gets in the habit of parking any cars his family has a couple streets away whilst dealing with the Bailiff, as he will be very keen on seizing any motors. (It doesn't sound like he has already done so)

 

badboy, if you and your wife both have cars, I would still hide yours too as he will simply seize and claim he had a right to assume it's your wifes, and the courts seem to let them get away with this, especially if she is named on the insurance for your car.

 

Because apparantly, being named on the Insurance is "proof of ownership" which would make an interesting case, since obviously people who drive for an employer are insured to drive the employers vehicles, and I could see an ambitious EA with a firm grasp of the law and an eye on becoming management seizing company vehicles based on the insurance argument, at least if they are unmarked.

[badboy09]

I would love Excel to try to defend a trademark claim in a California court, especially if MS can legitimately claim prior use of the name. Shall I phone Excel, and let them know I have told MS of their infringement of MS trademark?

 

ye that would be awesome lol

 

But as far as the EA claiming he will be back with a warrant to force entry, he is ultra vires so a Formal Complaint to Council CEO, elected leader and local councillor perhaps.

 

the only real thing i dispute is the fact they are point blank refusing to accept a payment plan , and want full payment of £402 , which is gonna be a struggle as we are on benefits at moment , whilst wife recovers from surgery

[badboy09]

ty caled but neither of us drive at the moment

[renegadeimp]

Posted on wrong thread. Ignore

[brassnecked]

ty caled but neither of us drive at the moment

 

Well don't let him in, and send Excel a I & E showing benefits and medical evidence of wifes condition, to try to ground vulnerability, when Excel refuse, then in goes that Formal Complaint to the Council copied to your MP.

[Bailiff Advice]

ty caled but neither of us drive at the moment

 

I have been away on leave so could not respond any sooner. I thought at first that this debt was in relation to a court fine. Can you clarify that it is a local authority issued parking charge notice? If so, there are completely different powers and there is NO right to force entry.

 

The bailiff may indeed clamp or even remove a motor vehicle so it is not wise to leave vehicles on display on your driveway or outside of your home.

 

Is the debt in your wife's name?

 

It would appear from what you have said (major brain surgery) that you wife is considered 'vulnerable' and it is therefore of utmost importance that some documentary evidence is provided to Excel. Like most bailiff companies they have a Welfare Dept which can then deal with the debt without the need for bailiff visits. I notice that you have spoken on the phone to Excel. Did you provide any documentary evidence at all?

[badboy09]

hi there ,

this is a local authority issued parking fine ,

 

 

i dont have a vehicle as neither of us drive at the moment ,

and yes the debt is in my wife's name ,

 

 

they issued a ticket when my wife had a car ,

and it was parked right outside our house at the time ,

 

 

i spoke to excel on the phone ,

and at the time they wanted evidence off my wife ,

which i could not provide as she was in hospital .

 

 

when i explained that she was now out of hospital and recovering ,

they said , the only thing they said i could do is speak to the bailiff,

 

 

but since i left this message , i have spoken to the bailiff,

who explained the warrant he has runs out in december ,

 

 

so technically i have till december to pay it ,

i originally offered £50 a month ,

but he said it needs to be payed off by december and at that rate it wouldn't , as the debt is now £402.00 ,

 

 

i had to put it up to double what i can afford to £100 a month ,

and he then said , for us to put this in place ,

 

 

i would need to come in and do some sort of form that means he can write down whats in my property ,

so if i fail to pay he has a right to come in and take stuff ,

 

 

but when he arrived at the door i told him he ain't coming in ,

so he then cancelled that £100 per month ,

and said it would need to be paid by the 7th september now !! all of it !

[renegadeimp]

He's bluffing you. He thought he could trick you into coming in. You told him no, and he got annoyed. Sit tight and youll have advice on what to do soon.

[badboy09]

ty renegade

[caledfwlch]

ty renegade

 

If the Warrant runs out in December, that's not actually your problem, it is HIS, ie when it runs out he loses the right to make visits to you, as the Warrant that grants him his powers to do so, no longer exists......

 

What he is basically saying is please pay me in full by December, or I erm, wont be able to chase you.

[badboy09]

sounds like a plan , but if i then dont pay , and they keep coming round , wont they just keep adding fees on ?

[caledfwlch]

sounds like a plan , but if i then dont pay , and they keep coming round , wont they just keep adding fees on ?

 

They are limited in what Fees they can charge, they cant keep coming round and adding £50 or £100 or whatever.

 

The Most I think he can charge you, no matter how many visits he makes is around £400, or just below, and he has very likely already added the maximum fees.

 

The problem with "negotiating" a payment with him, is he will try and insist that you allow him into your home to "Take Control of Goods" but doing so opens you up to the risk of even more fees, for a start, for signing the Control Agreement you will add more fees to the debt, and if you miss a payment, or are unable to make the full amount of a particular installment, they will send a letter stating they are coming to remove the goods under control, and will add on Van fees and so on.

 

(And unless you have assets that would make over £1000 at least, even in auction where things go for pennies, your goods being auctioned wont reduce your debt, but actually increase it potentially much higher.) Some companies are "experts" in mislaying payments or fiddling the dates they claim the payment was actually received in order to add the extra fees. And if you sign a Control Agreement, and fall behind/miss a payment, then he could go to Court, and request a Warrant to force entry to take seize and remove the goods. Unless there are enough assets on his agreement to cover the debt and all fees, it is reasonably unlikely it would be granted, but its best not to take the risk, especially with the pot luck of Magistrates, some are complete violations of integrity, and loathe debtors.

 

You need to negotiate from a position of strength, ie, do not allow him peaceful entry to take control. Whilst this is ongoing, DO NOT at any point leave the doors to your home unlocked, even if you are at home - he will legally be able to walk in and take control of goods. And as you can imagine, unless you have itemised receipts and so on, it would be extremely difficult to prove what goods are actually your wifes, and what are yours, and some Magistrates would back a Bailiff taking stuff that was clearly yours, by claiming as your wife she owns 50% of the item. It is best to keep him out.

 

Some are known to make unlawful entry if you answer the door to them, they will put their foot in the door, and push in, it's not allowed, but the Courts often tend to back the Bailiff version of events, the same way they always back the Police, unless you have filmed footage as proof.

 

You are best speaking through a window, or if he arrives, exit through the back door (lock the door behind you) and walk round to the front to speak to him. And if you can, with your phone, always film your conversations, as it provides an unarguable record of what is going on - he may well himself be carrying a video camera on his chest, or shoulder, but getting a copy of the footage is another story entirely!

 

The best thing to do at this stage is to follow the earlier advice, get documentary evidence, a GP or consultant's letter detailing your wife's current health problems, and the fact she has had major surgery, send it recorded delivery to Excel, and get your wife classed as Vulnerable by them, which would stop doorstep visits, as mentioned they must by law have a special vulnerable debtors department now.

 

If due to being in recovery at the moment your wife is in no state to deal with the Enforcement Agent or Excel, then it might be an idea to print out a letter signed by her, where she gives you full authority to deal with the matter on her behalf. I would also send a copy of the evidence of her vulnerability, the request to treat her as vulnerable and the authority for you to deal with the matter on her behalf to the Council the Parking Ticket is from, maybe even copy in your local Councillor and MP as a "heads up" so if Excel try and steam forward refusing to accept her as vulnerable (given the type of surgery they should accept her, but as you are learning these companies arent exactly ethical) then the right people already have the evidence, and you can get them to intervene on your behalf.

[badboy09]

ty for the advice caled , when he came round to set up a monthly payment he expected entry , and i refused it , so he wouldnt do the monthly fee so hes giving me till 7th september to pay up

[brassnecked]

ty for the advice caled , when he came round to set up a monthly payment he expected entry , and i refused it , so he wouldnt do the monthly fee so hes giving me till 7th september to pay up

He wants entry to Take Control of Goods, and gain the right to come back and if you can't pay, take them away. And he will have a right to come in in that circumstance so still keep him out imho.