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Hello All,
I hoping someone can assist by clarifying things for me. To start with I seen post similar to my situation here but I am still not clear, so I do apologies if this seem as repeat for some people.
Now the issue is I had a parking fine from Barking and Dagemham council for parking in loading bay for some few minutes at 8pm. However, I didn’t pay the fine with time and this went up, so I made a part payment online but unfortunately due to other pressing issues (out of job)I totally forgot to pay in full and it was not priority. There was a balance of £100 left. I then got work out of town. I was looking through my letters from address in London in Oct then realised debt had been passed to baliff who was now asking for £107 due to council and £75 compliance fee. I immediately made payment to council via their auto telephone payment system. I recently got another letter from the baliff still pursing the fine £107 + £75 compliance fee and £235 enforcment fee. I called council and the confirmed to me the account was cleared and has a 0 balance. So I called baliff and told them payment had been made in full to the council, to which they say I still am liable for the total fees. I called council back and the lady I spoke with said I will need to write to the council to refund payment in so I can make the payment to the baliff. I refused to do that and wrote a letter to baliff say payment had been fully made and I do not owe anything so there is nothing to enforce.
Going to the various post it appears they might have right to claim fees, but my question now is which part. I can establish that payment was made before the enforcement letter was put through. Are they still entitled to this?
Please can someone assist in clarifying this to me, many thanks in advance. Also can they still take my goods for what is clearly their fees?
I confirm that the balance outstanding is £310 and this sum must be paid in order to avoid further enforcement action.
The paragraph of the Department of transport Operational Guide to Local Authorities (Parking Policy and Enforcement, TMA 2004).that you refer to, has long since been subject to the provisions of the Tribunals Courts and Enforcement Act 2007 and the Regulations made under that Act, in particular the Taking Control of Goods (Fees) Regulations 2014.
These Regulations provide that a compliance fee of £75 is payable by a debtor as soon as a warrant is issued to an enforcement agency. This fee is added to, and becomes payable, together with the amount due to the Council. The Regulations further provide that if the total sum is not paid prior to an enforcement agents visit, an enforcement fee of £235 becomes payable.
Where part payment only is made, the Regulations state that the £75 compliance fee must be discharged first and any remainder split pro rata between the debt due to the Council and the enforcement agents fees, Although from your perspective you have paid the amount of £107 due to the Council, the correct legal position is that you have paid the £75 compliance fee, £21.99 of the enforcement fee and £10.01 of the sum due to the Council. Because a part payment must be split pro rata, it is impossible to pay the amount due to the Council in full without also paying the enforcement agent fees in full.
We look forward to receiving your remittance in order that further action may be avoided.
Regards
Whyte & Co
I hoping someone can assist by clarifying things for me. To start with I seen post similar to my situation here but I am still not clear, so I do apologies if this seem as repeat for some people.
Now the issue is I had a parking fine from Barking and Dagemham council for parking in loading bay for some few minutes at 8pm. However, I didn’t pay the fine with time and this went up, so I made a part payment online but unfortunately due to other pressing issues (out of job)I totally forgot to pay in full and it was not priority. There was a balance of £100 left. I then got work out of town. I was looking through my letters from address in London in Oct then realised debt had been passed to baliff who was now asking for £107 due to council and £75 compliance fee. I immediately made payment to council via their auto telephone payment system. I recently got another letter from the baliff still pursing the fine £107 + £75 compliance fee and £235 enforcment fee. I called council and the confirmed to me the account was cleared and has a 0 balance. So I called baliff and told them payment had been made in full to the council, to which they say I still am liable for the total fees. I called council back and the lady I spoke with said I will need to write to the council to refund payment in so I can make the payment to the baliff. I refused to do that and wrote a letter to baliff say payment had been fully made and I do not owe anything so there is nothing to enforce.
Going to the various post it appears they might have right to claim fees, but my question now is which part. I can establish that payment was made before the enforcement letter was put through. Are they still entitled to this?
Please can someone assist in clarifying this to me, many thanks in advance. Also can they still take my goods for what is clearly their fees?
I confirm that the balance outstanding is £310 and this sum must be paid in order to avoid further enforcement action.
The paragraph of the Department of transport Operational Guide to Local Authorities (Parking Policy and Enforcement, TMA 2004).that you refer to, has long since been subject to the provisions of the Tribunals Courts and Enforcement Act 2007 and the Regulations made under that Act, in particular the Taking Control of Goods (Fees) Regulations 2014.
These Regulations provide that a compliance fee of £75 is payable by a debtor as soon as a warrant is issued to an enforcement agency. This fee is added to, and becomes payable, together with the amount due to the Council. The Regulations further provide that if the total sum is not paid prior to an enforcement agents visit, an enforcement fee of £235 becomes payable.
Where part payment only is made, the Regulations state that the £75 compliance fee must be discharged first and any remainder split pro rata between the debt due to the Council and the enforcement agents fees, Although from your perspective you have paid the amount of £107 due to the Council, the correct legal position is that you have paid the £75 compliance fee, £21.99 of the enforcement fee and £10.01 of the sum due to the Council. Because a part payment must be split pro rata, it is impossible to pay the amount due to the Council in full without also paying the enforcement agent fees in full.
We look forward to receiving your remittance in order that further action may be avoided.
Regards
Whyte & Co
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