Parking Fine Paid, bailiffs still coming

[booed1]

Would be grateful for any advice on this one. We received two parking fines at the beginning of the year from Westminster Council. For a variety of reasons, these were not paid on time.

We sent cheques for £185 each (original fines were £60 each) last month which were accepted by the council. We have never received a receipt for payment however, the money has been taken from our account.

Today we received a letter from Phillips Baliff and Debt Collection Services demanding £1300 (!!!) for the fines or they will come for the vehicle. Following a conversation with the council, they acknowledge payment but say it is up to us to talk to Phillps regarding the outstanding amount. The most they will do is inform them the debt is settled so they should deduct the £370 from the outstanding amount leaving us to pay the £1000 remainder?!?!

I totally accept if they have "administration" fees which we are liable for but £1000 for a few letters seems ridiculous. I would like to know my legal position before contacting them so whatever advice you have would be much appreciated.

Many thanks

[Amy]

Re: Parking Fine Paid, baliffs still coming

If you paid the parking fines before any letters were received from the bailiff, then they have not done any work and, therefore, should not be paid.

I would send a subject access request and require them to show you how they arrived at a figure of £1000 in charges, when they are only allowed to charge £11.20 for a letter and around £30 to levy distress.

[booed1]

Re: Parking Fine Paid, baliffs still coming

That's useful, thank you. They have sent letters in the past. I think about 3 to date.

Will contact them and see if they will provide the breakdown, just really don't want to be faced with a £1000 bill or the car being towed just before Christmas!

:tinysmile_cry_t:

[Amy]

Re: Parking Fine Paid, baliffs still coming

Remember, contact them in writing only.

[booed1]

Re: Parking Fine Paid, baliffs still coming

I got home on Friday night to a note posted through the door saying the baliff had come for the full 1300 pounds and unless we called him, he would be returning with a locksmith to gain entry to our flat.
I called him to explain that the council had accepted payment and they had told us they would be contacting Phillips to let them know. I also have sent two letters (one to their PO Box and on to their physical address) by registered mail advising them about the settled debt.

He has said that he needs to contact head office to confirm that and he will be calling back later today.

Please can you let me know what he can and can't do and what we should be doing when he calls.

Thanks again

[Amy]

Re: Parking Fine Paid, baliffs still coming

The debt is paid, therefore, there is nothing he can do.

Has he explained how he arrived at £1000 worth of charges yet? Did you send the SAR?

You shouldn't really be speaking with the bailiff over the telephone at all. Instead you should, as already advised, be communicating in writing only because a bailiff will twist your words and he will lie and you will not have a record.

[booed1]

Re: Parking Fine Paid, bailiffs still coming

Just to be clear: the guy has threatened to come back with a locksmith. Can he let himself in? Or is he required to have some kind of court documentation or authorisation?

Just don't know what to do if he turns up again.

[Amy]

Re: Parking Fine Paid, bailiffs still coming

I doubt very much that any bailiff will turn up because he knows as well as anybody that the law clearly states it is an offence to levy excessively and if £1000 in fees is not excessive I don't know what is.

It is unlawful for any bailiff to charge fees that have not been “actually and necessarily” incurred and which are unreasonable and disproportionate to the amount of the debt being collected. Since you have no debt for him to collect, I believe his are merely empty threats.

To set your mind at rest send the bailiff the letter from post #4 here Urgent Advice BAiliffs - Legal Beagles and keep it with you should anyone call about this.

[booed1]

Re: Parking Fine Paid, bailiffs still coming

Despite sending four letters to Philips (all recorded delivery), we are still receiving demands for payment against these fines (at the full amount). I have requested proof of payment from Westminster Council which they are sending us.

I would like to suggest to them that I will charge them for my time and costs incurred in sending them letters trying to get them to either send me a cost breakdown or remove us from their database of outstanding payments. What are my chances?