Parking fines

[parki]

I was issued 4 years ago with 4 parking fines,in a spate of 4 months,was going through a bad patch and had a nervous breakdown,then i had to go bankrupt 1 year ago ,moved around and today received letter from DCA Philips wanting £650.00 im currently on DLA and IB ,i offered them £2.00 a week they refused and said they are sending the bailiffs in a few days.I disagree with these charges and was wondering if anyone can offer advice on what to do.I phoned courts they cant get involved.Im in ill health and a pensioner and lost everything when i went bankrupt and got divorced as my ex took me to the cleaners and i lost my home car everything any advice would be appreciated A.S.A.P.At the moment im living in sheltered accomodation with very little.

[ScarletPimpernel]

The first thing to note is that bailiffs are not going to turn up on your doorstep - in a few days, or a few weeks.

 

What the revolting creatures at Phillips omitted to tell you is that the only way they could involve bailiffs is if:

 

- they took you to Small Claims Court, and

- the judge ordered you to pay instalments, and

- you didn't pay the instalments

 

Then, and only then, they could obtain a Warrant of Execution and involve bailiffs.

 

However, you should also be aware that the Civil Procedure Rules say that court should be a last resort, and the judge is likely to take a dim view of any premature action taken by a DCA. A judge would not order you to pay more than you can afford in any case.

 

Additionally, the OFT guidelines consider that telling you that bailiffs will be involved in this way is unfair practice; DCAs should also cease pursuing on the phone anyone who is vulnerable, or who has mental health issues.

 

You do not have to speak to these creatures on the phone.

 

In your circumstances I would suggest you seek advice from CAB or similar. They should be able to deal with the DCA on your behalf. Alternatively, someone here will be able to suggest letters to write yourself. They may also be able to assist with the parking tickets.

[diskmandave]

Parki: You don't say if these 'parking fines' are council or private.

Knowing would make things a whole lot easier.

 

Good luck with it, regards, Dave.

[parki]

Hi thanks for reply,the parking tickets are council,it states on the letter we will return this distress warrant to the court so they can issue a warrant for your arrest.

[aisforandy]

But surely if you are bankrupt they have no way of making you pay?

[parki]

Is that right,if im bankrupt does these still stand.

[parki]

Just an update rang the official receiver and the courts,asked them when debt was sold on they told me the date,the debt was sold 6 days before my discharge and ive been told this debt comes into it and official receiver onto them now.Anyone else in this predicament with fines should ring and ask the courts if it has been sold on.I feel a weight lifted of my shoulders.Thanks for advice.

[aisforandy]

Glad its sorted!!

[diskmandave]

That's great news and a heads up for anyone in a similar position!

 

Regards, Dave.