DCBL HCEO forced entry on multiple private parking CCJ's HELP!!

[reallyneedhelp]

Hi - I need some help quite badly.

 

 

I had a bad mental breakdown around a year ago and didn't pay some private parking fines.

They were for outside my mothers house whilst she was helping me.

I didn't get letters as I was away from home getting help.

I don't want to go into this further - but I'm not fully recovered.

 

I got a call on Monday morning from my Mother in tears.

Bailiffs had come and barged their way into her home.

They asked her to get ID and then pushed in.

They have then threatened to take all HER stuff.

They have said if they cannot prove it's hers they can take it.

But I don't even live there.

 

 

I did use to live there when recovering - but wasn't even in the country when they came.

 

They have left all MY paperwork with her.

Which is humiliating enough - they have given it to my Mother rather than me.

I'm a 30 year old man!

They have also made her sign a "controlled goods agreement"

- but it's not actually her that's the debtor.

How can she sign for it when it's not her?

 

If anyone has advice even in the form of a charity that can help I'd really appreciate it.

I'm not a freeloader I'm just mentally not that well.

 

 

I can't afford the £2k right now!

Of which £632.17 is the debt and £879.92 is the fees!

Please help.

[honeybee13]

Hello and welcome to CAG. The forum regulars should be along with advice for you over the course of the day.

 

I have a question please. How did this end up with bailiffs, was there a court case and a judgement in default because you didn't attend?

 

The bailiffs can't take your mother's stuff, please wait until the advisers arrive for answers on that.

 

My best, HB

[Leakie]

I have messaged BA to have a look she will probaly be the best one to help

[reallyneedhelp]

I think there was a court case

- but I was not living at the address where the paperwork was sent.

 

 

I also was ill and on very heavy medication.

If I'm honest I think that someone told me something had come in the mail

- but I was not in a position to deal with it.

 

 

I'm only now just sorting out applying for benefits

- I'm so ashamed that I've done this to my family.

 

 

I've let there home be violated.

I really want to fix this

- but I don't have £2 grand.

[unclebulgaria67]

I think your Mum needs to report this to the Police as a complaint. They are not allowed to barge into a property in the way they did, related to a CCJ for private parking penalties. They are not allowed to threaten a third party in regard to a debt owed by someone not even living at the address.

 

The Police should deal with this and contact the enforcement company.

[honeybee13]

RNH, can you tell us which bailiffs firm has done this please?

 

HB

[reallyneedhelp]

The police actually came

- and said they are allowed to do this!

 

 

The background is that she is an ill lady

- and was so shocked when they walked in that she said she'd call them.

 

 

The baliffs turned around

and said "we'll call them for you"

and the police then came

and said it was allowed.

 

The company were dcbl.

 

I'm not going to be melodramatic but I'm totally heartbroken at whats happened to my mother.

She wasn't able to go to work and was told she needed to sign the paperwork.

She has text me saying how scared and upset she is.

They are apparently coming back on friday.

I do not even live there.

 

 

Is there anyway I can make myself bankrupt..

. I'm so ashamed that I've done this to my family.

She's told me I need to sort it and was on the phone in tears!

 

Edit - they actually said that the stuff they would take of hers would not cover the debt and she'd have to pay more fees. But neither her nor I have any money.

[Bailiff Advice]

Hi - I need some help quite badly. I had a bad mental breakdown around a year ago and didn't pay some private parking fines. They were for outside my mothers house whilst she was helping me. I didn't get letters as I was away from home getting help. I don't want to go into this further - but I'm not fully recovered.

 

They have left all MY paperwork with her. Which is humiliating enough - they have given it to my Mother rather than me. I'm a 30 year old man! They have also made her sign a "controlled goods agreement" - but it's not actually her that's the debtor. How can she sign for it when it's not her?

 

If anyone has advice even in the form of a charity that can help I'd really appreciate it. I'm not a freeloader I'm just mentally not that well. I can't afford the £2k right now! Of which £632.17 is the debt and £879.92 is the fees! Please help.

 

Firstly, I am sorry to hear about your health problems.

 

I am assuming that your vehicle is registered at your mother's property? Is that still the case?

 

You say that you have since moved address. You need to make sure that you update your V5c and driving licence to your new address.

 

You say that you did not get any of the letters from the private parking company (and I assume that you mean letters from the court as well) as you were away from home. Did your mother keep postal items for you or did she get rid of all the letters?

 

The problem that you have is that as this matter was left unresolved, a writ of control has been issued at the address where your vehicle was registered (which is your mothers property). Accordingly, the bailiff is permitted to visit that address to 'take control of goods'.

 

First things first....what goods have been listed on the Controlled Goods Agreement?

 

Also, what fees have been charged?

[reallyneedhelp]

They have said they will take her sofa and her tv and her side table.

They have also said they can take some stuff of mine which was left there when I went to work abroad.

 

 

I have no problem with them taking my stuff.

I don't actually have an address in the UK other than this one as I work in Asia at the moment.

 

The fees are:

 

Compliance fee: £90

Enforcement stage fee: £822

 

I do not have that sort of money.

[ploddertom]

It is very important just to list what is on the Agreement not what they have also said they will take.

 

Have you checked your credit file to make sure you do have a CCJ registered against you, if so when was it obtained & for how much?

 

Which Private Parking Co are you trying to deal with?

[reallyneedhelp]

I've checked. There are actually 4 different CCJS listed.... Oh how the might fall - I went from running my own business after leaving the Army to now not being able to pay parking tickets. I didn't know about them.

 

The one in questions is for: £762 and was registered on 11/10/2016.

 

The list states:

 

TV (samsung)

15 assorted playstation games.

Video Recorder

Wetsuit

Camera Lens

Camera Lens (number 2)

Lens extendor

TV (panasonic)

Sideboard

Sofas

Video Camera Go Pro

 

Thats it.

[brassnecked]

That lot won't clear the debt at all, probably fetch less than £400 at distress auction.

 

 

in any case the Third Party goods should not be listed,

and as to threatening your mother very naughty,

 

 

I would have been inclined to arrest the HCEO for a public order offence if they were effing and blinding at her as that is not permitted if I was a copper.

 

 

I'm sure BA will be back with some constructive advice. Are you in the UK at present?

 

DCBL are sailing very close to the wind with their methods at the moment so are on borrowed time imho.

[dx100uk]

what are DCBL doing pushing passed someone to get into a house on a private parking CCJ

- they on a civil debt do NOT have those powers at all.

not even a court bailiff can force entry on a CCJ its a consumer debt.

 

 

just one point you say parking 'fines'

 

 

they cant be fines if they were tickets from a private parking company.

I take your mum lives in a housing association private complex??

[reallyneedhelp]

Yes her house is Housing association. They went from council parking to private a couple of years ago.

[ploddertom]

 

I've checked. There are actually 4 different CCJS listed.... Oh how the might fall - I went from running my own business after leaving the Army to now not being able to pay parking tickets. I didn't know about them.

 

The one in questions is for: £762 and was registered on 11/10/2016.

 

 

Sorry had to go out for a little while.

 

£762 - are you sure this was for an unpaid Parking Charge Notice as it seems very excessive.

 

I have sent you a PM via one of the Site Team about your list of goods seized.

[brassnecked]

Yes her house is Housing association. They went from council parking to private a couple of years ago.

So a Private Parking contractor patrols the parking and issues Invoices? Is the complex normal houses, or sheltered, or extra care, or a mix. Do you need a permit to park there,?

 

Just looking if any way to challenge CCJ's. I'm sure Ploddertom and BA will look at all options.

[reallyneedhelp]

Sorry had to go out for a little while.

 

£762 - are you sure this was for an unpaid Parking Charge Notice as it seems very excessive.

 

I have sent you a PM via one of the Site Team about your list of goods seized.

 

100% sure. I was abroad on holiday and they just put more tickets on. It was when one company took over. So it ended up with a ridiculous number of tickets. They have bundled some of them together.

[dx100uk]

£762/4=£190

that's about right for a Private Parking CCJ

infact it a bit low they normally run in at £240 as they add an additional £50 legal costs.

 

 

this case is truly horrible

 

 

an HCEO has NO rights whatsoever to barge passed someone into a private residence on a debt passed to the high court after a CCJ has been obtained.

[ploddertom]

Is a parking space allocated & how is it enforced - permit or similar?

[HCEOs]

It is disappointing that this firm continually appears to breach regulation.

 

They're even stupid enough to film it and show it on Channel 5 regularly.

 

The HCEO that gives them their authority seems to care little and is an Estate Agent living in the USA now, purportedly creaming a commission on each case - Claire Sandbrook.

 

Until the MoJ takes these continual breaches seriously, little will change.

 

In the first instance

it would be prudent to apply for a 'stay of execution' on the writ.

 

You can Google that for info although others on here can also give guidance.

It may also be possible to apply to set aside the CCJ too.

[ericsbrother]

If you are unemployed a set aside for the CCJ's wont cost you anything either.

 

 

the chances are these debts are fake but as you didnt contest them at the time the court just gives the nod to them.

 

We will need to have a lot more information abiout the circumstances to help with that particular battle but it is more likely than not you will eventually beat off the claims.

 

 

When you are ready to take this on repost the details of the parking claims in the private parking forum, we will pick it up from there but deal with this first.

[unclebulgaria67]

It is disappointing that this firm continually appears to breach regulation. They're even stupid enough to film it and show it on Channel 5 regularly. The HCEO that gives them their authority seems to care little and is an Estate Agent living in the USA now, purportedly creaming a commission on each case - Claire Sandbrook. Until the MoJ takes these continual breaches seriously, little will change.

 

In the first instance it would be prudent to apply for a 'stay of execution' on the writ. You can Google that for info although others on here can also give guidance. It may also be possible to apply to set aside the CCJ too.

 

The OP lives and works in Asia, so is unable to apply to UK courts.

 

I don't think there can be any legal basis to what DCBL have done, barging their way into a third parties house and taking possession of goods owned by the third party.

 

Suggest that the third party claims ownership of these goods ASAP and makes a formal complaint to the Police.

[Leakie]

Good post UB

 

The trouble is they have already taken control of goodsof the mothers goods.

and she has to prove that they are hers,

I know this is bully tactics, But the Police will as usual take the side of the EA.

I do not know if a stat dec would help.

[reallyneedhelp]

Wow - I've got some seriously amazing help on this forum. I have even got a PM with useful information.

 

I'm no lawyer and might be talking rubbish - but I don't actually think the controlled goods agreement is valid, from the government website:

 

Who may enter into a controlled goods agreement

 

14.—(1) Subject to paragraph (2), a controlled goods agreement, as defined by paragraph 13(4) of Schedule 12, may only be entered into by an enforcement agent and—

 

(a)a debtor who is not a child;

 

(b)a person, aged 18 or over, authorised by the debtor to enter into a controlled goods agreement on the debtor’s behalf; or

 

©a person in apparent authority who is on the premises, where those premises are used (whether wholly or partly) to carry on a trade or business.

 

(2) The enforcement agent may not enter into a controlled goods agreement with the debtor or another person who it appears (or ought to appear) to the enforcement agent does not understand the effect of, and would therefore not be capable of entering into, such an agreement.

 

My Mother signed the controlled goods agreement. She is not the debtor I am, I hadn't even spoken to her at this time so certainly didn't authorise it. And whilst she may seem to be in apparent authority her small home does not carry on trade or business.

 

Does this mean they cannot break into her home? I've spoken to someone else and I'm getting my mum to swear in front of a solicitor stuff is hers. That is then being sent to the baliff. I don't know if it will stop them or not. But it's costing £5 (I think) and might make them think.

[dx100uk]

Does this mean they cannot break into her home?

 

they never had authority to enter in the first place

 

a CIVIL DEBT ie a CCJ holds no right of entry

even to a REAL court bailiff.

 

you seriously need to complain here

 

hope that PM was from siteteam?