JBW / PCN / Help?

[bhayes]

We have a a slightly complex situation. I used my freind's car (we work together a lot) I got some tickets. I paid them at the time, but one got missed. We are both skint, and kept putting it off.

Naturally, it has come to a visit and letter from JBW, demanding immediate payment of 359.86p. I called them and got a break down of costs as follows:

125 original PCN fine. 16.40 baliff's admin. 179.14 visit plus VAT.

I called them and explained the situation and the ONLY outcome they will consider is FULL and Immedaite payment - which neither of us can manage.

He lives around the corner from the house where his wife & child live at which address the car is registered and therefore the letter was delivered. he owns nothing inside the house whatsoever. However, his car is parked nearby.

So point one - is it the case that they cannot touch any of the goods within the house?

Point 2 - is there anyway we can insist on making part payment? Or is it a lost cause?

[Amy]

Re: JBW / PCN / Help?

Was a visit made or have JBW just said they visited?

[bhayes]

Re: JBW / PCN / Help?

They left a letter, so they must have called.

[Amy]

Re: JBW / PCN / Help?

125 original PCN fine. 16.40 baliff's admin. 179.14 visit plus VAT.

You need to query the fees that have been added. They are allowed to charge £11.20 for sending a letter and £28 where the sum demanded and due does not exceed £100. The sum over £100 is charged at 28%.

"Bailiff's admin" is not included in the Enforcement of Road Traffic Debts (Certificated Bailiffs) (Amendment) Regulations 2003.

So shock, horror the bailiff has inflated his fees.

[bhayes]

Re: JBW / PCN / Help?

They didn't post it, they dropped the letter through the door and so surely they can charge for a visit?

But I am more concerned at this moment about being able to stall them with a part payment so that they don't lift my freind's car.

[Amy]

Re: JBW / PCN / Help?

They can deliver the letter by pigeon if they want to, but they can only charge the fees I detailed earlier and then only if the letter is sent prior to a visit.

Bailiffs charging a debtor fees to which they are not entitled is fraud and bailiffs who are prepared to commit fraud are hardly likely to become reasonable about a part payment. They want it all, everything they are owed and then some.

However, if you were to point out the fraud they are committing in charging you excessively and it should be noted that the council are also liable here too although indirectly, JBW would be far more likely to accept a favourable offer.

You have said you cannot afford what they are attempting to charge you, so you should try and have the outstanding sum reduced to the correct amount.

With regard to the car, if there is even the slightest chance JBW will find the car, you need to move it and park elsewhere until this is resolved.

[bhayes]

Re: JBW / PCN / Help?

Many, many thanks. Just one last thing, am I right in assuming they cannot touch any property in the house where the car is registerred. The Car owner has no property in his ex-wife's house. The car is registered there still because he didn't ever get round to changing the address to his.

[Amy]

Re: JBW / PCN / Help?

You are correct. They cannot touch any property in the house unless you let them in and you seem to have this base covered.

[BAILIFFCHASER]

Re: JBW / PCN / Help?

They can clamp and lift the car . You need to file this form to get just being w*nk*rs off your case.