Section for Parking/Speeding etc

[BotB]

The Baliffs generally always get their money and what you currently owe will mount up. Unless you know you can get out of it, don't put it off, and pay the baliffs asap.

 

A £40 fine will soon become a legally enforcable £600 fee, with baliff charges etc added on top.

 

Bailiffs (and local authorities) work on the basis that most people will be too frightened at the prospect of rapidly escalating costs to challenge them either on procedure or whether they are actually charging the correct fees.

 

The fees are fixed by regulations, They can charge £11.20 per letter and 28% of amounts over £100 for visits. This doesn't actually raise a lot of profit for them assuming that most people who are going to pay would do so on receipt of the first letter. So they don't send the letters (but say they have) and then get in a couple of ghost visits. By the time you actually get any communication from them, the bill will be up to around £500 - now they are in the money. This is happening too often to be a coincidence that the Post Office failed to deliver the letters all the time.

 

The fact is that Bailiff fees can be challenged in Court if they have overcharged or charged for letters they haven't sent and visits they haven't made. Do not believe for a moment that they wouldn't stoop to that kind of behaviour - they certainly do.

 

The most helpful site I have found on this subject is the London Motorists Action Group - I successfully recovered bailiff fees wrongly charged with the assistance of info on their site - do not be intimidated. Its what they are counting on in order to carry on their scams.

 

http://www.lmag.org.uk/

 

Finally, I would like to know exactly where the information came from that a £40 fine is soon going to become a £600 fee with bailiffs fees on top. Because I will not believe it until I read it for myself. Please quote your reference so I can look it up.

 

If you can't establish the accuracy of what you have reported to be an impending legal change, it isn't really appropriate in my opinion to be posting that information in a forum like this. Its not helpful.

[dave]

They can only enter in the way that was mentioned, IF they have a warrent AND a police officer present.

 

They CANNOT just come in and take what they want when they want - that is a fallacy (put about by the people sending the bailiffs, no doubt).

 

Bailifs are private individuals - they cannot break in to your house - to do so would be breaking and entering. That is why they must have a police office present even if they have a warrent - which takes a very long time to get, and is not issued every time they want one. The case has to be exceptional for them to be granted a warrent of entry.

 

The fact is that Bailiff fees can be challenged in Court if they have overcharged or charged for letters they haven't sent and visits they haven't made. Do not believe for a moment that they wouldn't stoop to that kind of behaviour - they certainly do.

 

...and so do the banks.

[seylectric]

VERY little chance of the bailiffs getting a warrant for a few unpaid parking tickets (only the original debt, 3 x £60 is taken into account when applying for a warrant, not subsequent added costs). The house I live in belongs to my girlfriend anyway, not even my house!

 

Their scaremongering tactics are shocking though, and will get nowhere with me. My next step will be to threaten them back with a claim for compensation for harrassment.

 

Got another two letters in the post yesterday (In same envelope), the first reads as follows (I have used capitals where they have, these are word-for-word) :

 

"ADVANCE WARNING OF REMOVAL OF HOUSEHOLD GOODS"

 

Due to your failure to settle trhe above balance, and our inability to remove your vehicle to public auction, we now provide you with a FINAL OPPORTUNITY to make payment to clear your arrears. Unless payment is received in full within 72 hours the Warrant will be passed to our SENOIR REMOVAL BAILIFF who will re-attend your premises with a view to removing sufficient household effects to public auction"

 

Interesting to note that they "admit" to have failed to remove my vehicle despite the fact that it was parked on the road, after I told them they couldn't because (a) it's not mine, it belongs to the finance company, and (b) I need it for business use (they are not allowed to remove anything that would affect my livelihood, including my car)

 

The second letter says:

 

"NORTHAMPTON COUNTY COURT - WARRANTS OF EXECUTION.

Despite numerous visits, and demand for settlement the Penalty Charge Notice remains unpaid. If we fail to find your existing motor vehicle on our next visit, LEGAL ENTRY will be made to your premises, even in your absence, and sufficeint goods will be etc.etc...., to recover the sum due which will increase to in excess of £400.00. PAY NOW AS NO FURTHER WARNINGS WILL BE GIVEN."

 

Curious. Obviously a standard letter, but they will of course "fail to find my existing motor vehicle" as I don't own it (and they couldn't take it if I did), and strange that the sum of £778.14 "will increase to in excess of £400.00".

 

What is interesting is the term "LEGAL ENTRY". This of course, means that they will enter the premises if they can, but of course they can't break in (and they won't get in any other way I assure you), but by stating that "LEGAL ENTRY will be made...even in your absence they are implying that they CAN enter the house even if I'm not here, which of course they can't (unless I've previously let them in which I haven't).

 

Now if that isn't intimidatory tactics, which of course is illegal, I don't know what is.

 

How much compensation for "the stress this is causing me" should I ask for?

 

This will NOT faze me but you can understand how thousands of people are coerced into paying up by this.

[BotB]

VERY little chance of the bailiffs getting a warrant for a few unpaid parking tickets (only the original debt, 3 x £60 is taken into account when applying for a warrant, not subsequent added costs).

 

Not sure what you mean here. They already have the warrant.

 

Sounds like Equita from those letters your quoting.

[seylectric]

Yes, on hindsight you could be right about the warrants.

 

The company is Phoenix Collections

[BotB]

Can you believe things could be worse?

 

I found this article regarding a town in the States:

 

http://www.thenewspaper.com/news/09/903.asp

 

Makes our system look almost benign!

[seylectric]

Oh, I don't know. The tactics of issuing as many as possible don't sound that far removed from what is happening in Blackpool, and in many other parts of the country.

 

The council make it as difficult as possible to park anywhere legally, then a veritable army of traffic wardens pursue every stationary vehicle right up to 11pm at night. None payers get chased by bailiffs with threats to tow their cars away (and yes, they can remove them from a private driveway though not from a locked garage), how are we so different?

 

What is so wrong is the fact that the punishment doesn't fit the crime. You are fined without having actually been convicted of anything, then penalised further if you dare argue and they don't happen to agree with you.

 

Could you imagine going to small claims court and saying to the judge "This man owes me £60, can I tow his car away please?"

 

It's absoulte farce, how did this country ever get into this state?

[THEREBEL]

Hey Scale Electric!

 

I admire your spirit and determination against the legalised [problematic], don,t ever give in.

 

It reminds me of a similar situation of mine,whilst different, ie not car parking tickets but the TV licence people, where intimidatory letters are the norm, where threats of entry are made etc, and reading between the lines of their standard letters adds up to nothing short of harrasment.

 

The problem is they know these tactics scare the **** out of most folks and they tend to get away with it. In my case the property was empty, and that was very obvious, but the letters kept on coming despite being informed of the real facts and situation so many times.

 

Long Live the Revolution!!!

[seylectric]

Very true about misleading letters and intimidation.

 

A freind of mine has also had a similar bailiffs letter stating that they will make Legal Entry even in his absence, it took me an awful long time to convince him it was safe to go to work because he thought the bailiffs were going to break in and take his stuff while he was at work.

 

99% of people will have been "bullied" into paying up by this tactic and it's illegal. I din't have the money and little spare time to fight them legally for compensation for harrassment (I wish I did), but they certainly won't get anything out of me.

[Guest Lueeze]

on the down side I was a bit of a stickler...... I didn't want to write off the ticket for someone who lost half his family in a car crash on the way home, I figured, he'd still parked illegally... :/ ...yes, I admit that was heartless but I put it to my supervisor and she said to drop it if he could prove it...

 

Sorry im confused??

 

You had to make a decision on this person who had just lost his family to a car crash and you still fined him?

 

If this is right then thats awful!

 

If I have the wrong end of the stick im sorry!

 

Lou x

[breadline]

It seems as if most people work to pay fines and charges:mad: and credit just keeps heads above water.

 

I don't think anyone actually goes to work for their own gain anymore, no wonder work satisfaction has gone out the window.

 

so LOL lets have a countrywide strike.:grin:

 

 

Speed cameras.....

 

3 speeding fines in 4 weeks,

1 got squashed as taking an injured security gaurd to hospital.

2 fines in 48 hours so got totted up in court got 6 points. £70.00 fine. .

 

All through taking a job as an emergency responce officer,

I was told on my first camera flash there was a company letter to help present your case in court.

( not get off but help advise of the position)

 

Lies

 

The comapnies use up your license which doesnt take long then when the dreaded dates come to fight your corner, they spit you out.

 

BL

[seylectric]

Sorry im confused??

 

You had to make a decision on this person who had just lost his family to a car crash and you still fined him?

 

If this is right then thats awful!

 

If I have the wrong end of the stick im sorry!

 

Lou x

 

Agreed, all this "oh, it's the law, oh he shouldn't have parked there so he has to pay no matter what" is b'locks. It's a disgrace. The authorities want everybody to believe that everybody who parks on double yellow lines or whatever is breaking the law and therefore gets what he deserves. The reality is that most people are doing no harm to absolutely anybody and just want somewhere to park! Where's the victim? Why the fine? The councils are taking away legitamate parking space and restricting parking there FOR NO OTHER REASON than to raise money. Nobody voted for this!

[breadline]

Its all a cover up,

 

The governments hits us in the pockets not only do they make money but it becomes a very big focal point.

 

Anyone who has thier money taken like we do will kick up a stink.

 

It just brings forth another big cloud of argument that covers the real underlying failure of the government.

 

Everything the government doe's has a camaflaouge effect on the true issue sthey continue to ignore.

 

BL

love a good conspiracey

[bs0lth]

Finally, I would like to know exactly where the information came from that a £40 fine is soon going to become a £600 fee with bailiffs fees on top. Because I will not believe it until I read it for myself. Please quote your reference so I can look it up.

 

If you can't establish the accuracy of what you have reported to be an impending legal change, it isn't really appropriate in my opinion to be posting that information in a forum like this. Its not helpful.

 

I would like to disagree with you about the posting of information like this on this site is not helpfull... In my case it was hugely helpful. i have be persued by Jacobs bailiffs for an unpaid parking fine... A long story thought the council had dropped the matter after I contacted them about it as I had heard nothing from them to say that it was still outstanding. the first I got was a letter saying pay up in 4 days... the letter arrived 12 days after the 4 days was up. I contacted them, told them the situation and offered to pay, the amount on the letter. They told me that in fact I had had two "visits" to collect and the total payable was now the original amount and two charges of £94 which made the total they wanted from me was £296. fantastic considering the parking ticket was for £60. I asked them for a copy of the documentation that had been left and a copy of all of the other leters they had sent and they said... yes but it will cost you another £94 as they are computer generated.

 

Now to the Point...

 

If not for this site and the experiences of the people on here that are dealing with issues like this I would paid them to get them off my back. However, I wrote to them, stating that the charges were unfair, asking them for a breakdown of the charges, and also telling them that they were infact breaking the codes that govern them...

 

I revieved a letter this morning... stating that the documentation for the visits couldnt be found... and that they would accept the first amount and close the issue.

 

So not only am I claiming back my illegal bank charges, Ive also taken on a company that I would never have thought to do in the past.

 

Bailffs ... read around the site... read just how they are ripping people off... and people pay it... why because they dont know any better... but I know that my £60 fine went to £108.16 then to £206 then to £296 in less than 14 days... ok so its not widely documented and people cant give you the links to read about it yourself. There are rules that govern certificated bailiffs... but the ones Im dealing with seem to be charging what ever they want and get away with it...

 

Give the people on here a chance, let them share their experiences, as it helps others... even if its only to let people know that there are others inthe same boat.

 

Lynne

[younganfree]

What is interesting is the term "LEGAL ENTRY". This of course, means that they will enter the premises if they can, but of course they can't break in (and they won't get in any other way I assure you), but by stating that "LEGAL ENTRY will be made...even in your absence they are implying that they CAN enter the house even if I'm not here, which of course they can't (unless I've previously let them in which I haven't).

Couldn't help smiling when I read this, cos on 'Buffy The Vampire Slayer' vampires can't enter a house til they're invited either!

The above comment is in no way meant to trivialise the subject by the way. I've been on the wrong end of a parking ticket several times myself, [just paid up I'm afraid - Wimp!]. Also just picked up 3 points on the licence, so I'm not a happy bunny. But as I'm sure someone will no doubt point out, if I'm not prepared to do the time......

[hagenuk]

A case with massive implications has just been tried (& found in the appellant's favour) in Cleveland: see RMB Consulting. The Cleveland NiP has been wrongly worded for some 6 years; meaning that around 150,000 prosecutions are potentially unlawful. That is just one flaw in a comedy of errors committed by Cleveland Constabulary.

[Karen W]

Hi, I am so glad I looked on this site I have exactly the same situation happening at the moment with a company called Duke's baliffs relating to two parking fines that I thought I had paid over two years ago so far the charges are up to £569.00 for each ticket, therefore totalling £1138.00 for two £40 tickets I have wrote to them asking for a breakdown of these charges but so far have had no response - is it true that a baliff can take your car away if it is parked on the property?

[davefirewalker]

They cannot take property not belonging to you

they cannot take your car if your livelihood depends on it.

 

so if the car is on HP or you need it for work or are self employed youre ok with the car

 

They cannot enter your property by breaking in

they cannot get a policeman to help them

they cannot use a locksmith

they cannot threaten you with imprisonment

etc

etc

 

as for the fines send them a SAR and ask for a complete breakdown of charges etc. and warn them that if you find incorrect levels of charge you WILL be reporting them.

 

There are agreed levels of charges and the most important point is that the should be reasonable and in proportion to the debt !!!!

 

dont worry (too much)

 

But if you tell the bailiffs to **** off the debt will be passsed back to the council

 

if you can afford it send the council a cheque for the right amount (£80), with any references and tell them about the bailiffs charges and threats, and that you will not deal with a third party.

 

worth a try

 

Dave

[seylectric]

What is interesting is the term "LEGAL ENTRY". This of course, means that they will enter the premises if they can, but of course they can't break in (and they won't get in any other way I assure you), but by stating that "LEGAL ENTRY will be made...even in your absence they are implying that they CAN enter the house even if I'm not here, which of course they can't (unless I've previously let them in which I haven't).

Couldn't help smiling when I read this, cos on 'Buffy The Vampire Slayer' vampires can't enter a house til they're invited either!

The above comment is in no way meant to trivialise the subject by the way. I've been on the wrong end of a parking ticket several times myself, [just paid up I'm afraid - Wimp!]. Also just picked up 3 points on the licence, so I'm not a happy bunny. But as I'm sure someone will no doubt point out, if I'm not prepared to do the time......

 

Good post! Nothing wrong with bringing a bit of cheer into the thread, loved the bit about Buffy, never thought of that!

[seylectric]

Good stuff, davefirewalker, that's an excellent summary.

 

However I don't agree with the "pay them if you can" bit. Why give in now after seeing off everything they can throw at you? A vast percentage of the fines handed out are illegal in one way or another, the intimidation you get to force you to pay up is even more illegal, pay them nothing! Write to them and ask how much they are prepared to pay you for an out of court settlement for undue and illegal harrassment. They're not likely to offer you anything, but it puts them on the defensive, which is exactly the point. We need to be offensive in fighting this nonsense, not defensive. let's put them on the back foot and see how THEY cope with the hassle.

[Guest Zooman]

I had bailiffs turn up to enforce a parking ticket last year. Same thing he said he was taking my Merc which is a Company Car. He said he was still taking it and I would have to sort it with them later (i,e prove it). So I went in the house got the log book and wrote a short letter saying I know my rights and you will never be able to gain entry into my home to levy and that the car was a company car and that you had seen the log book. He said none of this matters and he was still taking the car. Pushing it as far as I could I then put the keys on the drives seat of my car and told him to do what he felt he had to and I would let my employers sort it out since it is there car. I then walked to work. When I got home my car was still outside my home and 3 weeks latter they passed it back to the council as unenforceable.

[dave]

There is now a Parking / Traffic Warden forum in the ConsumerActionGroup section.

[davefirewalker]

Seylectric

 

I wasnt sure how Karen W would cope and offered her a slightly easier way out.....if it had of been me I would probably have chosen the route you suggested.

 

As it happens guess what?

 

7.55 am this morning I got a knock on the door from a bailiff chasing my son for a parking fine. he wanted immediate payment of £195. i asked to see his warrant and a breakdown of the costs. he showed me the warrant but no costs only his letter demanding payment. He went away with a face when I explained that my son is unemployed, has no possessions, no money, and more to the point will be writing to the council to dispute this.

 

I can feel an s7 and some fun coming on

 

Dave

[seylectric]

There is now a Parking / Traffic Warden forum in the ConsumerActionGroup section.

 

Excellent Dave, thank you.

[woolfie]

This topic was closed on 03/07/19.

If you have a problem which is similar to the issues raised in this topic, then please start a new thread and you will get help and support there.

If you would like to post up some information which is relevant to this particular topic then please flag the issue up to the site team and the thread will be reopened.

- Consumer Action Group