philips bailiffs

[kjcceltic1]

i got fined in july 09 for using my mobile whilst driving.the case was heard at pontefract magistrates court.i never received a summons for this court date and the first i knew of it was when i received notification of a £280 fine through the post. i immediately contacted pontefract magistrates and explained that i had not received any summons,they informed me that i could sign a statutory declaration in front of the magistrate and the judgement would be quashed.on the 3rd aug 09 i sat in front of the magistrate and the paperwork was done and the judgement quashed. since then i have received a distress warrant from philips bailiffs about the fine.i contacted philips by phone and explained the situation and they said i would have to contact pontefract magistrates,this i did and they informed me not to worry about the bailiffs that i wouldn't be hearing from them again. since i phoned philips,they asked me for a contact number and i am now getting a text a day making different threats. i e-mailed a complaint to philips and got a reply saying i would have to pay the amount of £325 in three days or they would be visiting to remove my goods or clamp my car.i do not know where to go from here because philips just will not listen to what am telling them.any suggestions please?

[Amy]

Re: philips bailiffs

Since you have already complained to Philips and got precisely nowhere, file a Form 4 complaint.

Details are at the bottom of this guide Bailiff Guide - Legal Beagles

[kjcceltic1]

Re: philips bailiffs

thankyou i will do that asap

[Amy]

Re: philips bailiffs

Have you actually paid the original fine now?

[kjcceltic1]

Re: philips bailiffs

i did not need to pay the original fine as the moment i received notification of the fine from pontefract magistrates,i phoned them explained i had never received any corrospondense about the case and was told by them to make a statury declaration. i did this and sat in front of a magistrate on 03/08/09 in sheffield magistrates.the fine and conviction were quashed by the magistrate and i was informed that they would be informing dvla and pontefract magistrates immediately about the proceedings.after i became aware of the bailiffs involvment i explained the situation to philips and also to west yorks collection and enforcement centre. the person who i spoke to at the enforcement centre checked my account with sheffield magistrates then called me back confirming that what i had told them was correct and i would not be hearing from philips bailiffs again.

[kjcceltic1]

Re: philips bailiffs

if i file a form 4 complaint,do i file it against philips,as i do not have any documentation with an individual bailiffs signature.

[Amy]

Re: philips bailiffs

i did not need to pay the original fine as the moment i received notification of the fine from pontefract magistrates,i phoned them explained i had never received any corrospondense about the case and was told by them to make a statury declaration. i did this and sat in front of a magistrate on 03/08/09 in sheffield magistrates.the fine and conviction were quashed by the magistrate and i was informed that they would be informing dvla and pontefract magistrates immediately about the proceedings.after i became aware of the bailiffs involvment i explained the situation to philips and also to west yorks collection and enforcement centre. the person who i spoke to at the enforcement centre checked my account with sheffield magistrates then called me back confirming that what i had told them was correct and i would not be hearing from philips bailiffs again.

A statutory declaration does not cancel out the actual penalty notice, it merely puts a halt to the recovery process and is then passed back to the local authority for further attention.

[kjcceltic1]

Re: philips bailiffs

i am aware of that but the fine is no longer owed or enforcable,if it does go back to court which a lot of the time it doesn't a new fine will be issued.it is very unlikely to go back to court now as the judgement was quashed on 03 08 09 and no action as been taken so far.the magistrate at the time explained the police do not follow it up a lot of the time after a stat dec has been signed.anyway we are getting sidetracked it is the bailiffs i need advice about and how to deal with them.i spoke with their client as soon as i became aware of the bailiffs involvement and they did a few checks with sheffield magistrates and called me back confirming that the fine had been quashed.now i have got a firm of bailiffs harrassing me daily for a fine that does not exist anymore.i have replied to every one of their texts and letters explaining the situation,i have told them that every text letter e-mail and call has been logged and i will be lodging a file 4 complaint as you suggested. i appreciate all your help very much and wonder if you can help me with what course of action to take after this.once again thank you for your time and help.

[WendyB]

Re: philips bailiffs

If the fine has been quashed etc then maybe you could get proof of this also, from the Magistrates court and/or Enforcement Centre?

[kjcceltic1]

Re: philips bailiffs

i do have proof that the fine has been quashed.i received a copy of the judgement and a copy was supposed to have been sent to pontefract magistrates but trying to explain this to the bailiffs is like banging your head against the wall.

[WendyB]

Re: philips bailiffs

I can only suggest that you send a copy to the bailiffs head office along with your letter of complaint. Send it recorded delivery so they have to sign for it. And also email it as an attachment and put a "read" receipt on it as well. Keep a copy about your person so you can brandish it at the bailiffs if and when you see them. Send a copy with your Form 4 if applicable.

[kjcceltic1]

Re: philips bailiffs

finally got the parasites to accept that there is no fine.now i am putting in a complaint to head office,i wont hold my breath though