Collect Services collecting on Behalf of London Borough of Brent

[sweetnsexyenglish]

Last year the girls and I drove down to London for carnival, the hotel in Wembley had car parking but at an extortionate price. On finding parking a local tenant advised that we still may have to pay for a ticket although being a bank holiday as she had previous received a ticket herself. My first port of call was to call up the number on the ticket machine as the information supplied on the machine, we could not understand as not being tenants of London we felt we needed to be sure. In the end we placed £3 in as we still were unable to get through on the phone. By the time we reached the hotel room I was able to get through only to find out we didn't need to pay.

 

After returning to the hotel after carnival my intention had been to wake as early as possible to put on a new ticket as we did not know what time they started their rounds, however due to an argument that night ((their are certain women you should NEVER go away with!!)) it was late by the time I got to sleep and didn't quite wake up when I had wanted to, by the time I got to the car a ticket was already in place.

 

I was charged £80 which I had suggested every one split but the two members who caused the argument the night before didn't feel it their duty. I came back with the intention of writing to the issuing party to see if their was anything I could do, but as life became hectic I will admit I forgot. The bill went from £80 to £300+ when I came home a month ago to see that the "bailiff" had put a note through my door. I called him straight away but he was requesting £100 before putting it on a payment plan even though I explained the circumstances and also the fact that I was on Child Benefit £42.90 and Child Tax Credit £116.80. So he then makes a threat to remove things from my home unless I sent a letter with an offer of payment.

 

Due to dealing with loads of paperwork regarding LBL for my solicitor, and Dealing with this Fraud allegation with DWP trying to make sure I keep a roof over my children's head as now my rent isn't being paid and not to mention the stress all of this has put on myself and my health that I hadn't wrote the letter yet when I had another visit now putting it up to £422-52:eek: I am shocked at how they can do this as there is no way the "bailiff" came out to take goods as stated on his letter as what goods could he have taken in his car??

 

Also he is telling me my offer of £5 may not be accepted even though he is aware of what my financial situation is. and that they are not like the magistrates court who would accept £5 a week.

 

But I am not going to promise to pay more than what I can afford as this is the reason for me being in debt anyway making promises that are impossible to keep.

 

Any advise on what I can do as the car had a ticket on when it didn't require it, and I have been told they get up pretty early in the morning to start issuing tickets, so unless I had slept in the car...((which had been what I was going to do when the other women on this girls weekend started their arguing:x)) and then would have been in a position to put a ticket on for the following day.

[Dispirited]

You may get some help on the parking offences forum - pm a Mod to get your post moved:

 

http://www.consumeractiongroup.co.uk/forum/parking-traffic-offences/

[sweetnsexyenglish]

Will do thak you!!

[rory32]

Thread moved to Parking Forum.

[Rob S]

First of all, what paper work did you receive from the council? Did they send you a Notice to Owner and subsequent to that a charge certificate?

[sweetnsexyenglish]

I have just got in, I will look through my paperwork tomorrow and update with information. Thanks Rob for replying.

 

Ps thanks rory for the forum move

Edited May 19, 2008 by sweetnsexyenglish
ps

[sweetnsexyenglish]

First of all, what paper work did you receive from the council? Did they send you a Notice to Owner and subsequent to that a charge certificate?

 

 

I have an Order for Recovery - Unpaid penalty Charges Letter which came with a Satutory Declaration - Unpaid Penalty Charge letter

 

And three letters from Collect Services demands for 1st letter £138.16

2nd letter £348.49 3rd Letter £422.52

 

What next?? I have sent them a letter which I forgot to enclose the cheque for the offered payment £5 my bad...

[sweetnsexyenglish]

 

They state the above as list of charging however the debt started at £80, I was away the 1st time the "baliff" came so can not say whether he came with the intention to take goods however that bill was the 2nd letter issued by them the 2nd time they came he came alone and in his car and I have been billed via the 3rd letter.

[pin1onu]

As you didn't receive a Notice to Owner you have grounds for making a Statutory for making a Statutory Out of Time Declaration. You can obtain the form from here. You need to get it witnessed by a comissioner of oath/officer of the court etc. This can be done for free at your local court.

 

If this is accepted then it will halt the enforcement proceedings and the bailiff. A notice to owner will be re-issued giving you 28 days to either pay it or (albeit it wont be at the reduce rate) or appeal it.

 

You can also use the time to obtain the a breakdown of the bailiffs charges as they are only allowed to charge set amounts.

 

You should also PM one of our CAG members Tomtubby and ask for her help. She can check that the bailiff is registered and also advise on the charges.

[sweetnsexyenglish]

Thank you pin1onu lol like the name, I was just reading the order for recovery and decided to give the number a call, and after a chat with a gentleman there he has emailed me the documents you have just mentioned so I am about to fill them in, you say they have to be witnessed? as he didn't mention that and I was going to just get them filled in and emailed back, then send the originals in the post.

 

So your recommendation would be to have it witnessed?

[pin1onu]

So your recommendation would be to have it witnessed?

Yes. If you read through the forms you'll see it has a section for this.

[sweetnsexyenglish]

ok thank you, will do

[sweetnsexyenglish]

Going to get papers witnessed today but have a problem as none of the boxes apply to me on the statutory declaration section. so what next?

[Rob S]

I did not receive the:

Notice to Owner (Parking contravention) or

Enforcement Notice (Bus lane contravention) or

Penalty Charge Notice (Moving Traffic contravention or Congestion Charging contravention)

I made representations about the penalty charge to the local authority concerned within 28 days of the service of the Notice to Owner/Enforcement Notice/Penalty Charge Notice, but did not receive a rejection notice.

I appealed to the Parking/Traffic Adjudicator against the local authority’s decision to reject my representation, within 28 days of service of the rejection notice, but have had no response to my appeal.

So you are saying that as well as receiving the PCN that you also received the Notice to Owner from the local authority?

[sweetnsexyenglish]

I did not receive the:

Notice to Owner (Parking contravention) or

Enforcement Notice (Bus lane contravention) or

Penalty Charge Notice (Moving Traffic contravention or Congestion Charging contravention)

I was told to select this option...the only letter received from London Borough of Brent was the two in one that I mentioned all others were from Collect Services one which was posted and two hand delivered.

 

I made representations about the penalty charge to the local authority concerned within 28 days of the service of the Notice to Owner/Enforcement Notice/Penalty Charge Notice, but did not receive a rejection notice.

no i did not

I appealed to the Parking/Traffic Adjudicator against the local authority’s decision to reject my representation, within 28 days of service of the rejection notice, but have had no response to my appeal.

n o i did not

 

So you are saying that as well as receiving the PCN that you also received the Notice to Owner from the local authority? excuse ignorance but what is PCN...if by this you mean the ticket on window then yes i got that noting else from them other that the statutory declaration that was with another letter requesting payment.

 

 

Have had them sworn and am about to email them across then stick em in the post.:-| have i missed anything?

[Rob S]

PCN is the penalty charge notice or ticket as most people would call it. If you didn't get the notice to owner then the first option is the one to go for.

 

Good luck!

Edited May 22, 2008 by Rob S

[sweetnsexyenglish]

thanks for your help rob

[tomtubby]

This question should really be on the bailiff forum. Can you send me aPM with the nam eof the actual bailiff so that I can search to ensure that he is certificated.

 

You have made the correct choice in filing an Out of Time. We do many of these each day at our office and we always recommend that you send an e-mail to the bailiff co to advise them of this application.

 

In the meantime you should write to the bailiff co to ask for a copy of the screen shot of your account as you have concerns about the level of charges applied to your account. By LAW they MUST provide one.

[sweetnsexyenglish]

Hi thank you for your responce I will see if I still have the bailiffs name and will forward that to you as soon as I return home and will email the company right now for the information you have suggested.

[sweetnsexyenglish]

 

This what I came home to find along with the demand for £300 plus and was asked to pay £100 before they would agree to set up payment plan regardless of me being on £160.70 Child Benefit & Child Tax Credit nothing else. AND they know I have three children...but still up'd the bill.

 

No wonder crime is high lol:rolleyes:

[Rob S]

Is the date on that the 5th April 2008?

[sweetnsexyenglish]

Yes...that was the date of 2nd letter to which I was asked to pay inital money before payment plan would be arranged....however as my life started falling apart from the Monday Morning of the following week the letter was not sent....

[Rob S]

If you haven't done so already I would write to the bailiff and advise them that you have filed an out of time declaration with the court.

[sweetnsexyenglish]

Thank you, I sent an email after your responce they have not responded to it as yet but neither did I get a reponce to my initial letter either so I will put one in the post as well and see that happens then.

[pin1onu]

Thank you, I sent an email after your responce they have not responded to it as yet but neither did I get a reponce to my initial letter either so I will put one in the post as well and see that happens then.

Sweet,

 

These beggars are notorious for claiming they haven't received things. I know cash is tight but send it recorded delivery. That way they can't claim they didn't receive it. (BTW 2nd class recorded is 99p).