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JBW Group bailiffs chasing me over Bexley parking fine

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  • JBW Group bailiffs chasing me over Bexley parking fine

    Hi all,

    I hope you can help with yet another case involving JBW Group bailiffs; they're chasing me over a LB Bexley PCN which occurred in September last year. The parking fine was for being stopped on a yellow line outside a Tesco Express, but before the attendant had written out the PCN, I had got in the car and driven off (was only stopped to use an ATM and the car was still running). I appealed on the grounds that it wasn't a contravention and the ticket hadn't been put on my screen. The appeal got rejected and to be honest, from there I ignored all further correspondence from LB Bexley. I do own the property and I had my car registered there at the time, but I haven't actually lived there for over 3 years. I sold the car a month after the PCN was issued and haven't had a car registered there since, nor do I own anything at the property as it is rented out. As I only pick up mail there once in a blue moon, I wasn't aware of the fact that things had moved on a stage until I picked up the last batch of mail!

    Recently, hand delivered letters from JBW Group have been put through the door of my old address threatening bailiff action if I don't pay what now amounts to £511.64 (!!!) and this is obviously scaring the tenants. I rang JBW Group saying I don't live there, I don't own any possessions there and haven't got a car registered there but they said they will continue to post the letters despite my claims.

    I also rang Bexley who don't want to know anything about the case as it has now been passed onto JBW, so I will first write to them to request copies of the PCN and all correspondence as I no longer have any of it. This will be sent to my home address in Ireland.

    My questions are:

    a) how do I put off JBW Group?
    b) can they harrass the tenants, enter the property and take any of their possessions?
    c) how far will JBW Group go if I continue to ignore their letters? CCJ, other means of retrieving payment etc?
    d) can I retrospectively go back and appeal the whole process with London Borough of Bexley or another body who is willing to come to a reasonable outcome for me?
    e) if I now live overseas (Ireland), can JBW Group/Bexley chase me there?

    Thanks in advance for your help and sorry if the story is too complicated! I just want to give the tenants peace of mind and close this out, but I am not paying anyone an extortionate amount of money for what was a ridiculous fine in the first place. I would rather go to prison!

    G
    Tags: None

  • #2
    Re: JBW Group bailiffs chasing me over Bexley parking fine

    Hi Kaney1980

    Welcome to LB

    I'm sure someone will be along to help you, but in the meantime this thread may be worth a read.

    Parking Fine Guide - Legal Beagles Consumer Forum

    Comment


    • #3
      Re: JBW Group bailiffs chasing me over Bexley parking fine

      Southern or Northern Ireland?

      Comment


      • #4
        Re: JBW Group bailiffs chasing me over Bexley parking fine

        If this debt gets to £750 by way of added charges etc. is it possible JBW can suggest to Bexley they place a charging order on the property you own? I know they can with a civil debt but not sure if a Parking Fine can be taken to these extremes. I know they would have to make any such application to County Court but is this a possibility you need to search to avoid?

        Pepsie
        Last edited by pepsie; 14th December 2011, 15:28:PM.

        Comment


        • #5
          Re: JBW Group bailiffs chasing me over Bexley parking fine

          Originally posted by pepsie View Post
          If this debt gets to £750 by way of added charges etc. is it possible JBW can suggest to Bexley they place a charging order on the property you own? I know they can with a civil debt but not sure if a Parking Fine can be taken to these extremes. I know they would have to make any such application to County Court but is this a possibility you need to search to avoid?

          Pepsie
          If it gets to £750 they could be made bankrupt, but it is highly unlikely that either a Charging Order or BK would happen, so I would not worry too much about that.

          Comment


          • #6
            Re: JBW Group bailiffs chasing me over Bexley parking fine

            Originally posted by labman View Post
            Southern or Northern Ireland?
            Hi, I'm from Southern Ireland...
            ------------------------------- merged -------------------------------
            Originally posted by labman View Post
            If it gets to £750 they could be made bankrupt, but it is highly unlikely that either a Charging Order or BK would happen, so I would not worry too much about that.
            But is there a way of going to a court and explaining the situation and bringing the whole case back to the point where I appealed the original fine and didn't see any correspondence at that address for almost a year? I had sold the car less than a month after the PCN was issued and had no car registered there after that... I don't mind paying £150-200 to Bexley but I'm not paying a bailiff anything!
            Last edited by Kaney1980; 15th December 2011, 08:54:AM. Reason: Automerged Doublepost

            Comment


            • #7
              Re: JBW Group bailiffs chasing me over Bexley parking fine

              Does anyone have any suggestions with what steps I can take on this? LBW Group finally emailed me back asking to prove that I had left the property to which I responded to check the council tax records for the property as I'm not willing to give them my current address. I also emailed Bexley Parking Services to see if they can intervene and call off the bailiff action by offering to pay the original fine.

              Can anyone explain the legal steps I can take to either call off the dogs so to speak or to reduce the amount I pay if either Bexley or LBW refuse to accept an offer? If the original fine stands at £155, how can a bailiff justify £500+?

              Oh, and as I have moved property, can the bailiffs find out where I live and come to my new address to try to take action? I no longer own a car but I'm worried they'd lift my partners' car...

              Thanks
              Last edited by Kaney1980; 19th December 2011, 21:33:PM.

              Comment


              • #8
                Re: JBW Group bailiffs chasing me over Bexley parking fine

                Sorry to show my ignorance, but are there differences between UK law, which obviously usually covers Northern Ireland and Southern Ireland?

                Comment


                • #9
                  Re: JBW Group bailiffs chasing me over Bexley parking fine

                  Well that's one of the things I'm trying to find out. I'm too scared to even give my Irish address!

                  Originally posted by labman View Post
                  Sorry to show my ignorance, but are there differences between UK law, which obviously usually covers Northern Ireland and Southern Ireland?
                  Oh, and as I have moved property, can the bailiffs find out where I live and come to my new address to try

                  Comment


                  • #10
                    Re: JBW Group bailiffs chasing me over Bexley parking fine

                    Hello all,

                    The current residents have received a letter from JBW Group asking for evidence that they leave there so they can take the address off their records. Does that mean they will pursue me at a new address (I'm back in the UK)? It's an easy one for the current residents to send their council tax bills, but I'm worried what happens next. By the way, LB of Bexley have not responded to my request for copies of the evidence and correspondence.

                    Cheers,

                    K

                    Comment


                    • #11
                      Re: JBW Group bailiffs chasing me over Bexley parking fine

                      I havnt read your case in its entirety but..

                      Originally posted by Kaney1980 View Post
                      My questions are:

                      a) how do I put off JBW Group?
                      If you have moved, then the council will do a CitizenView look up to find your current address.

                      If you were unaware of any enforcement action until you received a bailiff then an out of time stat dec is the only way to stop enforcement action.

                      Quoting the PCN number, telephone the Traffic Enforcement Centre on 08457 045 007, tell them whats happened (be brief and factual), that you have moved. Ask to make an out of time stat dec to get the PCN rolled back to the original pre-enforcement penalty.


                      Originally posted by Kaney1980 View Post
                      b) can they harrass the tenants, enter the property and take any of their possessions?
                      No they cant, that commits an offence under the Protection of Harassment Act 1997. And it wont be rthe first time JBW has harassed an innocent household. http://www.surbiton.com/node/398


                      Originally posted by Kaney1980 View Post
                      c) how far will JBW Group go if I continue to ignore their letters? CCJ, other means of retrieving payment etc?
                      There is no CCJ with parking tickets. They can either find you at your new address, or hand the case back to the council as a Nulla Bona.

                      Remember, there is no legal requirement to give the bailiff your new address.

                      Originally posted by Kaney1980 View Post
                      d) can I retrospectively go back and appeal the whole process with London Borough of Bexley or another body who is willing to come to a reasonable outcome for me?
                      Yes, see above.

                      Originally posted by Kaney1980 View Post
                      e) if I now live overseas (Ireland), can JBW Group/Bexley chase me there?
                      Northern Ireland, yes.

                      Republic of Ireland, no, its out of jurisdiction of the Fixed Penalty system.

                      Originally posted by Kaney1980 View Post
                      Thanks in advance for your help and sorry if the story is too complicated! I just want to give the tenants peace of mind and close this out,
                      The tenants have a right to apply for a Restraining Order on the council to stop its bailiffs calling on them. Seek advice on the Protection from Harassement Act 1997.

                      Originally posted by Kaney1980 View Post
                      but I am not paying anyone an extortionate amount of money for what was a ridiculous fine in the first place. I would rather go to prison!

                      G
                      You dont go to prison for unpaid tickets.

                      The fees are set by law, but JBW has a tendency to be inventive with the fees, and pretend they have incurred costs before they have even started work on a case.

                      I'll make a sticky that explains how the law sets out the statutory fees on bailifs fees on parking tickets. its generally 28% of the PCN charge itself.

                      You can ignore the "costs" and miscellaenous stuff they add on, because there is no legislation, or Costs Order requiring you to pay them.

                      Comment


                      • #12
                        Re: JBW Group bailiffs chasing me over Bexley parking fine

                        Thanks for your responses Happy Contrails!!! You got right to the point... I'll get to work on the Traffic Enforcement Centre.

                        One last question - if the currents residents send proof that they have lived there and not me, is there a chance JBW will just drop the case altogether?

                        Comment


                        • #13
                          Re: JBW Group bailiffs chasing me over Bexley parking fine

                          Yes, they just need to show some ID to prrove they are not you, and the bailiff will move on.

                          Comment

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