Hi Every1 - parking ticket balliff advice needed please

[wyllden]

Re: Hi Every1 - parking ticket balliff advice needed please

I received a letter from derbyshire council this morning and it says they need to investigate and need some more info about the original parking ticket and circumstances that led to bailiffs visit.

They say it would be unreasonable for me to commence proceedings without giving them sufficient time to investigate.

So now, do i follow through with my original statement to commence proceedings if refund not received within 7 days? Or should i write back giving further information?

It says on their letter 'please be aware that should you choose to commence legal proceedings before the council has had an opportunity to respond to your complaint the council will defend those proceedings.'

My thoughts are to write back telling them date pcn occured (as i put bailiff ref and this means nothing to them -although i'm sure they could find out through their bailiffs if they tried)
Also giving them my explanation of why it was never paid? (although surely the reason is irrelevant to them overcharging bailiff fees)

Any help much appreciated, thanks

[Caspar]

Re: Hi Every1 - parking ticket balliff advice needed please

I'd be inclined to write back enclosing a copy of the ticket and stating that details of it are totally irrelevant to the fact that their appointed agents, instructed by them to recover this debt, have overcharged. However, as a gesture of goodwill you are willing to give an extension of x working days from the date of your letter to receive a response.

I'd stick to around 14 working days - this allows 2 days each way for postage and 2 working weeks for investigation, but only on the condition that all enforcement action is suspended in the meantime - obviously you need this in writing by return of post (specify a date!).

I would make it abundantly clear that they instructed the agents, the agents have overcharged, so there is very little to investigate. You are then seen to be being more than reasonable.

[wyllden]

Re: Hi Every1 - parking ticket balliff advice needed please

Thanks, there shouldn't be any further enforcement as i did pay up as i had to get to work and bailiff had clamped my car. I'm just trying to claim back what i've been overcharged.

[WendyB]

Re: Hi Every1 - parking ticket balliff advice needed please

The details of the parking ticket are hardly irrelevant as it's the ticket (and subsequent non-payment of) which has led to the current situation.

Given that Wyllden has taken this amount of time to get it sorted, (no offence meant here, Wyllden) then it's hardly unreasonable of the council to ask for time to investigate. Make sure the council are in possession of all the facts, give them all the info, including what the overcharges are etc.

It won't be the council refunding anyway, it will be Equita. They will have only paid the council the amount outstanding on the parking ticket - the charges will have been taken by Equita, not the council.

There won't be any further enforcement action as the account has now been paid.

[Caspar]

Re: Hi Every1 - parking ticket balliff advice needed please

What I meant Wendy was that the OP is not disputing the parking ticket, so it is irrelevant to that extent. They are disputing the fees of the council's appointed agents which, while a result of the ticket, is a separate, but related issue.

What are your views on the fees calculations? Nobody has double checked them as far as I'm aware and we need to ensure they're accurate for the OP's sake.

[wyllden]

Re: Hi Every1 - parking ticket balliff advice needed please

ok, i've had a further letter now saying after looking into it they took over my account on 25.5.2011. It said after they sent letter to me to prompt contact and payment they received no contact and then took further steps to try and rectify this. They said prior to them taking over the case the council would have issued all the relevant notices and I would have been told they would instruct bailiffs.
It then goes on to say on the 21.6.2011 the bailiff attended to remove if payment not made in full and my vehicle was levied upon. It says the relevant charges were applied i conjunction.

It then says all fees are added in line with the relevant legislation, and as such my request for a refund has been denied.

So my question now is, where do i go with this now?

Yes i did get letters etc but didn't even get round to opening some of them, excuses aside, surely the fees are still excessive and I don't feel like they have really justified these fees. If they are inline with the legislation then how come so many people have told me they are not?!

Any help/advice what to do next would be much appreciated.

Thanks

[CleverClogs]

Re: Hi Every1 - parking ticket balliff advice needed please

It then goes on to say on the 21.6.2011 the bailiff attended to remove if payment not made in full and my vehicle was levied upon. It says the relevant charges were applied i conjunction.

It then says all fees are added in line with the relevant legislation, and as such my request for a refund has been denied.

Gosh. Fancy that.

So my question now is, where do i go with this now?

SAR the buggers.

excuses aside, surely the fees are still excessive and I don't feel like they have really justified these fees. If they are inline with the legislation then how come so many people have told me they are not?!

That is because those who told you the lawful level of fees are not bailiffs.

How many times must I repeat this?

Bailiffs tell lies.

Any help/advice what to do next would be much appreciated.

As suggested above, send a Subject Access Request to the buggers (by Special Delivery so the liars cannot claim non-receipt) enclosing a cheque or postal order (keep a note of the counterfoil number) for £10, and requesting copies of all data they hold on you. When they do not comply within the 40 days permitted by law, send them (by Special Delivery again) a follow-up letter in which you remind them of their legal obligation and giving them a deadline seven days from their receipt of the letter to comply, failing which you may proceed to seek an Order in the County Court without any further warning. When that fails to work, wait two weeks after they received the letter, then take them to court through your local County Court.

If you have to sue them to get your money back and win, invoke the Debtors Act 1869 - link - to commit the boss of that firm to gaol as well as subjecting their office equipment to distress. Ensure the press has been notified.