1 Bailiff + 1 Visit = Numerous Levy fee's

[zosaphine]

Hi

I've repeatedly read on this forum, that the Bailiff cannot charge for each Warrant he is Enforcing if more than one, if he is enforcing them all on the same visit....ie, They can only levy 1 ATL fee per visit..

 

Please can someone confirm which Courts/cases have confirmed this, as I need to go back to the Bailiff Company I am having to deal with, and I know without having this information, they will argue that they can do this in accordance with "The Regulations"..

 

Thank you

[hallowitch]

Detailed Assessment Judgment of Throssell v Leeds City Council where the District Judge ruled as follows:

“Turning to the taxation it seems to me that notwithstanding the fact that there were three liability orders but one visit was made by one bailiff and the maximum that the Council’s reasonable charges can be is the result of applying the formula contained in Schedule 5 paragraph 2 (1) (b) of the Regulations”

 

they cannot charge so many fees if only one visit is made

[zosaphine]

Detailed Assessment Judgment of Throssell v Leeds City Council where the District Judge ruled as follows:

“Turning to the taxation it seems to me that notwithstanding the fact that there were three liability orders but one visit was made by one bailiff and the maximum that the Council’s reasonable charges can be is the result of applying the formula contained in Schedule 5 paragraph 2 (1) (b) of the Regulations”

 

they cannot charge so many fees if only one visit is made

 

Thank you Hallowitch - that is just what i was looking for

[Pendle_dad]

zosaphine - how did you fair with this ? Am about to start a new complaint where a similar thing has happened to me, so I'd be interested to hear how your case turned out.

[tomtubby]

Throssell concerns the matter of council tax enforcement and another good one is Mishcon v Marston Group which relates to multiple parking charge notices where District Judge Plaskow stated that "there can be only one levying of distress" "albeit for seven warrants of execution".

 

If you are considering making a complaint this should be tow the LOCAL AUTHORITY who are wholly responsible for the agents and charges of their agents.

Edited June 10, 2011 by MARTIN3030

[Pendle_dad]

Tom - ref the complaint - this will be the second one, I am just waiting for the final reply to my first one which I am due to receive tomorrow, (council phoned today to say it had been posted out).

 

Full info on mine here :

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?276173-Rossendales-I-m-Prepared-To-Go-The-Distance

 

Rossendales have charged first visit fees on 2 liability orders at the same time, as well as levying the same goods on both orders, I want to word the complaint with specific reference to case history... and was just looking for further examples of members who may have been here, or anything on-line where the actual judgement details are recorded or referenceable.

[zosaphine]

Hi Pendle_dad, unfortunately they took the car that was in my Husbands name, and sold at Auction, despite complaints made to CEO of LA, and also the Police (who were less than useless) as it's a civiil matter, they didnt want to get involved.

 

So currently we have no car... and Husband has subsequently been made redundant, so we're living off my part-time wages - aaaargh!

 

Advice i can give, is if Parking Tickets were legitimately issued, even if you've got extreme financial issues like we did - borrow money from family to pay it off (we couldn't unfortunately,).

 

Doesn't matter what the rules/regs/law's are, these thieves are a law unto themselves, and seems like there's nothing you can do about them.

 

Speaking from bitter experience with a bad taste in my mouth still....

[Pendle_dad]

Oh boy, sorry to get you to revisit that then lass

 

These people really are **** of the earth...

 

Sorry

[Guest Cartaphilus]

Yes, they are.

[zosaphine]

no apology needed. Just re-read my reply, can you tell i'm not their biggest fan?! LOL

 

Hope you get things sorted - and make sure any cars linked to anyone at your address are moved/parked a few streets away (as they seem to think anyone's possessions are fair game!).

 

Z

[Guest Cartaphilus]

Oh, BTW, I am extremely familiar with the Pendle area ... long time since I've heard the word 'lass' being used ... still, anyway, just saying.

[Pendle_dad]

It's a dying language Cart ;-)

 

Funny really, I called the bailiff "sunshine" when he was round last week, he nearly blew a gasket. "Don't you call me sunshine," he spluttered, "I'm not your sunshine".

 

By sunshine, of course, I meant "miserable slimeball sack of sh** !" - but thought I might get in trouble if I said that.