Walking possession

[Nodrogw]

Hi, I am new to this site so hope I am posting this thread correctly. For several years, I have been paying bailiffs for arrars of concil tax. The problem has always been that I have been unable to afford the current years tax whilst paying arrears, so when I have paid the arrears I am faced with the bailiffs again. I am currently paying off last years arrears, and Ross and Roberts have produced a walking possession agreement. It will take me until 13th August to pay them and I have done so without reneging on the ayments. I am also managing to pay this years council tax whilst it is current so should not have bailiff calls again.
I have recently had a visit from Jacobs bailiff in response to two unpaid parking fines. I did not let him in. I advised that everything in the house was the subject of walking possession with Ross and Roberts, but he basically forced me to make an arrangement to pay, which I have ben unable to do. What action can the bailiff take. Can he clamp my car, leased from motability. Also is it too late at this stage to ask for the council to recall the warrant from the bailiff.

[Amy]

Re: Walking possession

Did he levy any goods?

[ringinknob]

Re: Walking possession

Hi Nodrogw

In respect of the car parking fines, was the fine from the council for offences on their land, or from a private landlord? Do you know if the bailiff collecting the outstanding fine was a court certificated bailiff or a private one? I'm sure more senior members will confirm that bailiffs MUST provide checkable ID. How did he make you pay? Did he intimidate you? Forgive me for suggesting this, but would he have preyed on your vulnerability as a motability car user/ disabled person? Bailiffs must comply with certain rules of conduct.. again, more senior members, please fill n the detail. The police won't assist in a civil matter, but if the bailiff intimidates you, then it becomes a criminal matter in their remit.

As to the Motorbility car, it is is an asset that you do not own. The bailiff may not take that car because you do not have ownership of it and that can be evidenced with a copy of the lease agreement.

Do you agree that the parking fine is valid, but can't pay or that the fine is unfair? Can you give more detail please?

[Nodrogw]

Re: Walking possession

Thanks for getting back to me. The parking fines were for parking on a council owned car park with no ticket, only my disability badge showing. All users have to pay and I didnt realise. The other was for parking on a double yellow line and my driver failed to display the badge. The bailiff from Jacobs did not enter the house, so did not levy on anything in the house. I had already pointed out to him that Ross and Roberts had levied on my goods and taken walking posession for my council tax arrears. I have paid odd bits to Jacobs, but not much. I want to pay them but they are not very helpful on the telephone. I want to try to reach an agreement that I can afford.

[Amy]

Re: Walking possession

Did you appeal any of the parking fines?

How much were the fines and how much are the bailiffs attempting to make you pay?

[Nodrogw]

Re: Walking possession

The fines were the statutary fixed penalty fines, which I believe were £28 each. The bailiff wants a total of £575

[CleverClogs]

Re: Walking possession

I have recently had a visit from Jacobs bailiff in response to two unpaid parking fines. I did not let him in. I advised that everything in the house was the subject of walking possession with Ross and Roberts, but he basically forced me to make an arrangement to pay, which I have ben unable to do. What action can the bailiff take. Can he clamp my car, leased from motability?

No, as you do not own it.

He might say he is entitled to clamp it or even to remove it and sell it at auction, but that would mainly be because bailiffs tell lies.

[CleverClogs]

Re: Walking possession

The fines were the statutary fixed penalty fines, which I believe were £28 each. The bailiff wants a total of £575

Get onto your local councillor and/or the local press, to see if the fines can be cancelled as being grossly unfair to a person with disabilities.

[WendyB]

Re: Walking possession

you can usually get at least one parking fine overturned by sending in a copy of both sides of the blue badge in with your appeal, but I'm not sure if there is a time limit for appealing. My local council restricts this to one per badge holder. As Amy has already asked, did you appeal these parking fines? Have you read this? Parking Fine Guide - Legal Beagles Consumer Forum

[CleverClogs]

Re: Walking possession

The reason to contact one's councillor and/or the local press would be to get the council to cancel the fines and collection thereof, regardless of what their stated "policy" might be.

If that doesn't help, then contact local disability groups with a view to organising a sponsored crawl (of adults on their hands and knees) around the town to raise funds to pay the fines. Were such an event to get onto local or national television, the council parking enforcement wallahs could be very embarrassed.

[WendyB]

Re: Walking possession

Quite possibly.
But they may also point out that being disabled does not automatically give exemption from normal rules and regulations, which is why the Blue Badge scheme exists. If the badge was inadvertently not displayed, then an appeal when the ticket was received would have been in order. The time limit for this is usually 14 days (well it is with my council anyway). They may also cancel the ticket on appeal in writing after reviewing the circumstances of the case.

Have a read of the parking guide and see if there are any other steps you can take.