help please !!

[Caspar]

Re: help please !!

Hi David,
I thought bailiffs only get involved once it has been to court. Brendan

I thought you said it had been to court?:beagle:

[Bjpw]

Re: help please !!

Hi David,
Yes it has been to court, but what I mean is that as bailiffs normally only get instructed once it's been to the TEC why is there so much confusion of what they can and can't do. I know it's always a bit dangerous to google things and you have to be picky in what you believe. But there are a number of websites that mention that a bailiff can't force entry and they have to be invited in when dealing with parking matters. This is why I am so pleased to have been recommended this forum !
I really do appreciate your time and for answering my queries so quickly
Brendan

[Caspar]

Re: help please !!

Removed by caspar.

[Bjpw]

Re: help please !!

Thanks David,

Do you think it is worth filing a out of time statutory declaration? Also can he take positions that belong to my wife and mother in law. Could His refusal of a breakdown of charges and not acknowledging the SAR system be used in any way along with his refusal to let me pay over a 10 days (3 x £375) to show he is not being reasonable in behaviour along with his extortinate costs?
Thanks Brendan

Brendan

[Caspar]

Re: help please !!

REMOVED BY CASPAR

Stat:
I wish I could answer this one for you Brendan, but as I've stated previously my knowledge does not extend to bailiff's fees etc.... You need someone with more knowledge than me now. Let's hope Amy looks in again eh?

[Bjpw]

Re: help please !!

Thanks David,
I'll keep an eye out for her

[Caspar]

Re: help please !!

Removed by Caspar

[Bjpw]

Re: help please !!

Thanks again for hanging on in there with me, your commitment is wonderful. I hope you know how much you make things easier for people on here !
The bailiff said that even if she has proof of her ownership as she is married to me they term it as joint assets. I believe he is being intentionally misleading on this and the other points

[Amy]

Re: help please !!

Well now, this thread has turned into a bit of a pig's ear hasn't it.

See #9 - I've actually quoted you in there!

That's why earlier I asked OP to clarify if it had been through court.

Let's hope we can help him now - that's the main thing!

Yes, Cet and I wrote the bailiff guide and it is correct.

Yes it has been to court, but what I mean is that as bailiffs normally only get instructed once it's been to the TEC why is there so much confusion of what they can and can't do. I know it's always a bit dangerous to google things and you have to be picky in what you believe. But there are a number of websites that mention that a bailiff can't force entry and they have to be invited in when dealing with parking matters. This is why I am so pleased to have been recommended this forum !

You are correct as I said earlier and bailiffs cannot force entry.

This is my understanding:
If the PCN has not been taken through court they cannot force entry, if it has gone through court they can and will foce entry.

This again is incorrect. These parking fines are a civil matter hence they have been dealt with via Northampton County Court. Bailiffs only have the power of entry if the fine is issued by a Magistrates' Court and is therefore a criminal offence.

Many councils have decriminalised parking, but some have not. Police officers also have the power to write and give parking fines, although this is quite rare these days.

BJpw, the evidence you have recorded will be very useful because this bailiff is doing what most bailiffs do and is lying to you. Have you sent a Subject Access Request to ascertain how these amounts have been reached? If not you should do this and you will find a link to our SAR in the bailiff guide.

You should also write to the issuing council and ask what they propose to do about this bailiff's work ethic.

That said, the fees do not appear to be extortionate, but it is up to you how you wish to proceed.

[Bjpw]

Re: help please !!

Hi Amy,
Thanks so much for your response, your right this thread has gone on a bit. But it is my first time on any type of message board, and it been somewhat therapeutic and got me through a very hard day.
Do you think I should pay up and put it down to experience or report the bailiff and use the recordings to show he is of unfit character. As all the PCN are from the same CC and delivered in the same envelope should there be only one visit charged not 3
Also do you think I should start a new thread with just the basics of what has been said ?
Sorry for going on a bit but this info may be useful for future readers
Thanks again Amy for all your effort !!!!!!!

[Caspar]

Re: help please !!

Amy, thanks for your advice. However when you read below I hope you can see why I misunderstood. At no stage did the OP disagree it had gone to court and my quotation was specific to Magistrates Courts as per your guide.


Well now, this thread has turned into a bit of a pig's ear hasn't it. No, not in a major way!

QUOTE:

Caspar: they do have the right to force entry if it has been through the magistrates court.

Magistrates Court Fines

For certain types of fines for example parking fines, speeding fines and TV licence fines, bailiffs do have the power to break into your home to take your goods even if they have not been into your home before.

For this reason it is no longer safe to try to avoid bailiffs coming into your home by refusing to let them in for the collection of the fines mentioned above

These parking fines are a civil matter hence they have been dealt with via Northampton County Court. Bailiffs only have the power of entry if the fine is issued by a Magistrates' Court and is therefore a criminal offence. Firstly I did say if it had gone through Magistrates Court. Secondly in my opinion this should be made clear in the guide which only says don't avoid them if they've been through a magistrates court. Surely the guide would be better updated by stating the difference between a parking fine going through a county court (civil) and magistrates (criminal) - this would then avoid the confusion that has happened today.

Left posted purely as a token defence of my attempts to help.

[Caspar]

Re: help please !!

Hi Amy,
Thanks so much for your response, your right this thread has gone on a bit. But it is my first time on any type of message board, and it been somewhat therapeutic and got me through a very hard day.
Do you think I should pay up and put it down to experience or report the bailiff and use the recordings to show he is of unfit character. As all the PCN are from the same CC and delivered in the same envelope should there be only one visit charged not 3
Also do you think I should start a new thread with just the basics of what has been said ?
Sorry for going on a bit but this info may be useful for future readers
Thanks again Amy for all your effort !!!!!!!

Bjpw - I sincerely apologise if I misadvised you. However, in my defence, if you read my post above I hope you can see how it happened. The thread took a different course once we believed it had gone through a magistrates court.

If it had, I think my advice would have been sound and I stated when I was getting out of my depth. If it hadn't I was also on the right tracks saying the recording was a very valuable piece of evidence. It was unfortunate there was confusion over the magistrate court bit.

I wish you luck in settling it and will leave you now in Amy's hands. I do not think it's quite the pig's ear she is stating it is though, nothing has happened that cannot be resolved easily.

[Amy]

Re: help please !!

In post #8 the OP says this has gone to court via Northampton. Northampton is a County Court and not a Magistrates' Court.

[Caspar]

Re: help please !!

I'll accept the blame - have pm'd you as disagreements are best not aired in public in my opinion.

[Bjpw]

Re: help please !!

Hi David,
I understand that every thing you advised was with intention of helping someone who you rightly recognised as slipping into a panic. Your input today was greatly appreciated and the posts had the effect of giving me something to focus on and it very much helped. Amy is obviously a very informed person and you rightly directed me towards her. An

Thanks again
Brendan