When can Bailiffs charge an attendance to remove goods fee?

[jonifred]

Hi

 

i have a PNC which was for £82. i have filed a stat dec out of time but this was refused so i have applied to have the decision reviewed by a district judge.

 

I have had one visit from a bailiff who simply posted a letter through the letter box. The letter said that they want £418.70 in total for a £82 parking ticket.

 

When i called the bailiff they said that the had done the following work:

1. sent a letter

2. attended the address

3. attended the address

 

I dispute 1. as no letter was received and also 2. a someone is always at home an no visit was made and no letter put through the letter box.

The bailiff also said when i spoke to him that he is going to visit the property again and that the total will go up to £580 - over £160 for a visit!

 

I have asked the bailiff to give me a break down of what the charge for letters and attendance - i am waiting for a response.

 

I have read that they can only charge £11.20 for a letter plus vat and then £28 plus vat per visit to the address up to a maximum of 3 visits - but this applies to attendance to levy but not attendance to remove goods. i anticipate that the bailiff will say that they attended to the property twice not to levy but to remove goods - for which it appears that they can change what they want as long as the charge is 'reasonable'. i have read somewhere that bailiffs can not change an attendance to remove goods fee without first levying goods, but i can not find any legislation or cases that support this. what i therefore need to know is

 

1. is it correct that a bailiff can not charge an attendance to remove goods fee without first attending to levying goods i.e

2. if this is correct what is the legislation /rules/ regulations/ cases that support this

3. Can a bailiff attend the property to levy goods, charge a levy fee but on the same visit remove goods and also charge an attendance for removal fee?

4. are there any rules that clearly set out the process that a bailiff must go through?

5. Can a bailiff attend the property with the intention of removing goods when his does not know whether there are any goods in the property that he can remove and still charge a attendance to remove fee for this?

 

answers /comments will be appreciated. Thanks

[brassnecked]

Don't think he can attend to remove without attending and securing a levy. As for a plain attendance (unspecified) fee added in somewhere, not allowed either imo

[outlawla]

....i have read somewhere that bailiffs can not change an attendance to remove goods fee without first levying goods, but i can not find any legislation or cases that support this.....

 

This thread might be worth a read "Attending with a vehicle with a view to......."

 

It has useful links to LGO report/s and other threads on the same theme, although details council tax rather than parking tickets.

 

EDIT:

 

Link to same LGO report on that thread

Edited August 15, 2012 by outlawla