Please help me with JBW

[emilyjames]

Hello,

I have been receiving constant text messages from JBW about a debt I supposedly have with them. I called this morning and to my horror am told I owe £530. I have received no correspondce, no warning and am so worried.
It turns out the charge relates to a parking ticket I appealed against a while ago to Sutton Council but had no response.

JBW were extremely rude and said that letters have been issued since November and charges have accumulated. I have no breakdown of what the charges are and the advisor refused to tell me.

I offered to pay £100 a month and was told I couldn't. I asked to speak to a manager and was told I couldn't. What do I do? I do work but cannot afford £530 in one go.

I don't understand how these charges can have risen so fast when I've had no correspondence. I'm so worried and now they have turned down my offer of payment, I don't know what to do. I thought debt management agencies could offer payment plans if you genuinely can't afford to repay the debt in full?

Please help

[teaboy2]

Re: Please help me with JBW

Hi Emily

First do not panic as a lot of help and advise is available here and you may find the charges are not lawful since you have not received any personal visits by a bailiff.

Secondly read this guide written by Amy - Parking Fine Guide - Legal Beagles Consumer Forum - You will find it very interesting and that it gives you that little extra ammo to throw down JBW's throats.

Off course others with more knowledge on the ins and outs of parking fines will no doubt come along shortly to help you even further.

[emilyjames]

Re: Please help me with JBW

Thanks, that's very helpful.

In terms of refusing an offer of payment, is this normal practice?

[teaboy2]

Re: Please help me with JBW

Yeah usually they do refuse. Personally if i was you i would send them a SAR to get a break down off all the charges they have added to the account, then hopefully we can work on getting them removed. Others that have more knowlegde on the in's and out's of parking tickets can advise you on what else you can do.

By the way, did you receive a notice that the penalty had been registered as a debt along with a Statutory Declaration form?

[emilyjames]

Re: Please help me with JBW

Thanks again.

Sorry if I am being a bit stupid, but what is an SAR?
I haven't received a Statutory Declaration form either.

[mr.ton]

Re: Please help me with JBW

Stay off the phone to these goons & refuse to answer security questions if they phone you.
They have no legal power to any money off you, only a county court does.
Its not for them to say what they will and wont accept - you are in charge of your money not them.
Report them to the OFT & trading standards if they refuse to stop harassing you.

[teaboy2]

Re: Please help me with JBW

Hi Emily a SAR is a Subject access Request made under the data protection act - it gives JBW 40 days in which to provide you with all data they hold on you. Which will include list of charges or statement of account showing such charges.

Since you have not received a Statory Declaration you should probably sent a Statutory Declaration, Out of Time (PE2 formally TE7) - http://www.justice.gov.uk/downloads/...cationPack.pdf

Then inform JBW you have done so.

In the statudory Declaration, note how the you had not received notice the penalty had been registered as a debt and were also not served with a statutory declaration either. Plus also note (include copy of dispute letter) that you disputed the penatly with the council and received no response from them.

On receipt of an acceptable application the TEC will notify the Local Authority concerned and give them 19 working days to either accept or reject the application.

If the Local Authority accepts the application it will be treated as an “in time” Statutory Declaration and the Court registration will be revoked. The matter is then referred back to the Local Authority who will decide what action to take next.

You should probably get your solicitor to witness your completing and signing of form PE2 - PLEASE DO NOT COMPLETE PE3 - ITS FORM PE2 THAT YOU NEED.
------------------------------- merged -------------------------------

Stay off the phone to these goons & refuse to answer security questions if they phone you.
They have no legal power to any money off you, only a county court does.
Its not for them to say what they will and wont accept - you are in charge of your money not them.
Report them to the OFT & trading standards if they refuse to stop harassing you.

Mr Ton - while i agree with your hatred towards JBW and others, it is at this stage unclear as to what the legal status of the parking fine is. JBW do employ bailiffs to enforce Parking fines that have been through the courts. So ignoring them on the assumption they have no legal powers when they can clearly seek a warrant from the courts and may even have already done so, but not yet attempted to excute it, would be a mistake to be honest. Its better emily starts taking action now to have the penalty referred back to the local authority and the court registration revoked now, then it is to leave it till later when bailiffs start knocking on her door.

[mr.ton]

Re: Please help me with JBW

I never said anything about ignoring the situation, merely staying off the phone to these morons as you've read for yourself what type of attitude the OP gets when they ring up - they think they can dictate what they OP can and cant pay when only a court has that power and only after an i & e has been done, this lot just want the money asap and regardless of weather the OP has it or not.
Best to find out if it's been to a court or not & contact the original council again if poss.
Seek the advice of all other official authorities as well to run along side that.

[emilyjames]

Re: Please help me with JBW

Thanks all.

In terms of JBW, what do I do while submitting these forms?
The advisor told me in no uncertain terms that the fee's will increase and there is nothing he can do to stop them unless I make full payment...

[teaboy2]

Re: Please help me with JBW

Thanks all.

In terms of JBW, what do I do while submitting these forms?
The advisor told me in no uncertain terms that the fee's will increase and there is nothing he can do to stop them unless I make full payment...

Simply inform them you have submitted a statutory declaration out of time form. Thats all you need to tell them. though do it it writing and sent recorded delievery so you have proof it was delivered. The submitting the form and upn acceptance will revert the whole account back to the local authority away from the courts and JBW, so they will not be able to enforce if your declaration is accepted.

@Mr Ton. I agree with you, but you did state they had no legal powers to claim any money, which in terms on parkng fines is wrong. Though rereading your post i admit i did miss the bit where you said "only a court does" So i apologise for that. :billk:

[mr.ton]

Re: Please help me with JBW

Thanks all.

In terms of JBW, what do I do while submitting these forms?
The advisor told me in no uncertain terms that the fee's will increase and there is nothing he can do to stop them unless I make full payment...

They can increase fees till the cows come home, doesn't mean you ever have to pay them & the legality of them can easily be challenged.
What you pay will be what a court orders you to pay (only after a proper legal process and after an i & e has been done) nothing more, nothing less.
If that happens to be £1 per month (which is known as the legal minimum) then that's what these goons must accept in a like it or lump it sort of way.
Contact the council again and find out what court was dealing with it originally - the court is more likely to be on your side and you would not be on trial on anything like that.
JBW are mere bullies and only interested in their profits.
As you were told, stay off the phone to JBW - you'd get more sense out of a potato than you would out their phone goons.

[emilyjames]

Re: Please help me with JBW

Thanks everyone - great advice.
I can't believe they are still trading. Complete and utter rip off merchants.

[Guest]

Re: Please help me with JBW

If you think you have grounds to appeal against the ticket then speak to a parking tickets expert and call the Traffic Enforcement Centre on 08457 045007.

parkingappeals.co.uk whose launch was hosted by Lord Lucas, provides support for motorists appealing against tickets may be able to help.

The law prescribing bailiffs fees for collecting unpaid parking tickets is Schedule 1 et-al of the Enforcement of Road Traffic Debts (Certificated Bailiffs)(Amended 2003) Regulations 1993. If you have been overcharged then you have a right to reclaim them. The law provides for bailiffs to charge:

Letter Fee £11.20 - If letter arrives after first visit is made then its £0.00.

Levying Distress up to £100 (excluding bailiffs fees but including court fees) - £28.

Sum recovered: More than £100 - 28% for the first £200 then 5.5% on everything over £200

If no levy is made then bailiffs can charge fees for a maximum of three visits. Multiple fees cannot be charged for simultaneous unpaid ticket collections.

The law provides "Reasonable costs" to transporting your goods or vehicle to auction and selling them. If a bailiff asks you to pay a fee for a breakdown of costs under a pretence it is accessing personal data under the Data Protection Act 1998, then you do not owe the bailiff any costs. Culligan -v- Marston Group Ltd et-al, no. 8CL51015, District Judge Avent said -

because the Bailiff produced no breakdown of his charges, he is unable to show that it is reasonable costs.

Therefore, any spuriously named fees such as, van fees, tow truck fees, attending to remove fees and admin fees are NIL. The law does not provide for bailiffs to make a gain for himself or another by transporting your goods or vehicle to auction and selling them. It is called Unjust Enrichment.

Tip: SAR the bailiff but accidentally forget to enclose a £10 fee, they bailiff will return the request unfulfilled and you do not need to pay costs.

[emilyjames]

Re: Please help me with JBW

Thank you, you've been brilliant.
I've written to the bailiff today asking for a breakdown of fee's etc so will keep you updated on what happens next. I didn't include the £10 as per your suggestion.
:tinysmile_grin_t:

[Guest]

Re: Please help me with JBW

You dont really need to ask for a breakdown at all if you dont want to. Tell me what the parking ticket amount was and I'll tell you what the fees are.

You can scrub all those van fees and other bits they add on, because legal precedent has ruled otherwise.

JBW Enforcement Ltd v City of Westminster [2009] EWHC 2697 (QB), the Judge, Mr Justice Jack said:

Thus the bailiff gets paid only through the process of execution: if he becomes entitled to charge fees, but does not continue with the execution process, he will not recover them and he cannot sue the debtor for them.

Source http://www.bailii.org/ew/cases/EWHC/QB/2009/2697.html