Really need your advice re: JBW

[mlc]

Hi

I'm in absolute despair with regards to waltham forest council/Jbw group over a parking fine.

It all started a few weeks ago when a bailiff from JBW turned up on my door on a friday, he handed me a letter and left, i opened it and it was with regards to a parking fine in waltham forest!
I was a bit bewildered as i did not recall ever receiving a fine.....

The following morning at 6.50pm and Due to the hard banging on the door i first looked out the window when he introduced himself as a bailiff , i opened the window and he instantly demanded over £500 for this waltham forest fine that i was caught on camera parking one or more wheels on the pavement, i asked to see this fine as i had not received anything in post, he couldnt produce, all he could show was a PDF on he's phone of a warrant, i told him to sod off and i shut the window, he then started taken pictures of my car, so i went out and moved it and hid it!!

I then on the monday contacted waltham forest council parking fines, who claim they sent 3 letters with regards to this fine to the address that was confirmed by me, i explained i had not received this and could they send it to me recorded delivery so that i can pay it as if it was the beginning, they refused, so i lodged an out of time declaration stating that i had'nt received the fine and that i'm a carer to my mum and my car is paramount for her care aswell as myself who has acute medical problems and that i would never jeopadise my car from being clamped as this would put my mums care in serious danger.....

Today the court wrote to me and it was REFUSED!!!! Arrrghhhhhh

I phoned the council up and begged them not to send the bailiffs round and because of all this stress with the bailiffs my doctor has sent me for counselling, i have a daughter under 16 who can be at home when i go to work part time or with my mum and it worries me senseless that they will get in my house when she is here......... I WILL NOT pay these bailiffs the ridiculous fees, they have charged me a Levy and when i challenged the bailiff that he hasnt been in my house to list any shackles he said he listed my car!!!

Please please can anyone advise me on what to do now as im beside myself with worry, if my car gets clamped or towed my mums care will suffer badly as she relys on me 100%.

Thank you for reading x

[mlc]

Re: Really need your advice re: JBW

What i'm most concerned about is can they enter my property without me being present, can they actually get court warrants as threatened by them??? and would they eventually go away if they don't get no joy, does the fine go back to the council that originally issued it, and could i register my vehicle in a different address?? ........... Please,if anyone could help/advise me i'd be so grateful

[mlc]

Re: Really need your advice re: JBW

Ok, i have located the 2 notifications ive received from JBW, .

The first one was with the following fees
£191.44 (balance before todays visit)...... That was the first time they had ever made contact with me, hand delievered.

£ £62.40 Attendance to Levy Fee

£210.00 Attendance to remove fee

£ 463.84 TOTAL

Then received a letter reuesting £534.64: i can only assume theyve charged me £71 for the letter.

Are the fees reasonable???

[bluebottle]

Re: Really need your advice re: JBW

No. Most of them are grossly-inflated and not in accordance with the Enforcement of Road Traffic Debts (Certificated Bailiffs) Regulations 1993-2003.

The fees that the law permits are as follow -


Letter Fee: £11.20 + VAT @ 20% = £13.44 (Can only be charged once)
Levy Fee: £28.00 + VAT @ 20 % if the total amount does exceed £100
28% if the amount exceeds £100 and on the first £200 only, then 5.5% on anything over £200, fees being subject to VAT @ 20%.

Could you tell us how much the fine and court costs are, please? The fees the scrote, sorry, bailiff, is quoting are excessive.

[mlc]

Re: Really need your advice re: JBW

Hello BlueBottle,

Thank you so much for replying.....

I'm unaware of what the fine and court costs are as the first i was aware of this outstanding fine is from JBW when they turned up and handed me the first letter for the cost of £463, which also stated the balance was £191 before there visit, the council won't send me a copy of fine so i havent a clue, sorry! :-( i don't even know where exactly the fine happened as it was apparently a camera fine :-/

[bluebottle]

Re: Really need your advice re: JBW

Ask JBW for a written breakdown of their charges. Send them an email followed by a letter as follows -

JBW Group Ltd
Midas House
62 Goldsworth Road
Woking
GU21 6LQ


Dear Sirs,

REQUEST FOR WRITTEN BREAKDOWN OF FEES - REFERENCE [Reference No. of Case]

I refer to the fees your company is requesting me to pay in respect of the matter at reference.

I require your company to provide me with a written breakdown of the fees you are requesting me to pay.

This is not a Subject Access Request under the Data Protection Act 1998 and therefore no fee is payable. You are legally-required to provide a written breakdown of fees.

You have 14 days from your receipt of this letter in which to provide the written breakdown of fees.

Yours faithfully,

mlc"

It looks to me as if JBW are charging multiple visit or levy fees which is not permitted under the relevant legislation. As for the council, they are obliged to tell you how much the fine is and what the court costs are, no matter what crap they may feed you. They also need reminding that they are 100% vicariously-liable for the actions of their enforcement agents whatever.

I am attaching some electronic documents to this post which you should look through. It will help you to deal with JBW and Waltham Forest Council.

If it turns out that the fees JBW are asking are not in accordance with the law, I would recommend reporting JBW to the OFT and Trading Standards as they hold an OFT Debt Collection Licence and that sort of behaviour is not permitted. Come back onto this thread for the necessary complaints procedure if this does prove to be the case.

[mlc]

Re: Really need your advice re: JBW

WOW!!!.... Thank you so much.....

Apart from the bailiff that handed me the first letter and the one that turned up on my door i was advised to make no contact with them what so ever, if by me sending the request for breakdown of fees am i entering any contract of accepting the fine,and canthey still turnup and take my car??? is the council not suppose to re send the fine as they are aware i have never received it in the first place, and is it worth me appealing against court decision who refused my first appeal?? so sorry for all the questions but i really do appreciate your help,Thank you

[bluebottle]

Re: Really need your advice re: JBW

If you never received notification of the fine from Waltham Forest Council, you need to speak to Northampton TEC about submitting an Out of Time Statutory Declaration. You need to ring the following number 0845 7045007 and give them the fine reference if this is quoted on JBW's paperwork. They will be able to tell you how to go about contesting the fine. If it is allowed, this may stop JBW and wind the clock back to the original fine. Northampton TEC will explain this to you.

[mlc]

Re: Really need your advice re: JBW

I did this and Northampton court wrote to me today to say it has been REFUSED :-( So i can either appeal against the decision at a cost of £80 which i havent got as Waltham forest have re instructed bailiffs to attend after i begged them to not, i said that i have paid every fine i have ever received in my time of driving, never from waltham forest tho, so itshows i didnt receive this one otherwise i would of paid it, they won't have it or even send me a copy/proof of originalfine, so to date i havent a clue where abouts in the borough this fine took place.....

[mlc]

Re: Really need your advice re: JBW

This is what the letter said from court for my out of time stat dec:

Under rule 23.8 of the cicil procedure rules the court will deal with the application for leave to file a statutory declaration/witness statement out of time without a hearing because the court does not consider a hearing at northampton would be appropriate.

The application for leave to file a statutory declaration/witness statement to be REFUSED

If you can make heds or tales of that please explain..... :-/

[bluebottle]

Re: Really need your advice re: JBW

Was that Northampton TEC or Northampton CBC? I've just checked CPR 23.8 and Part 23 of CPRs deals with Applications for Court Orders, not an Out of Time Statutory Declaration in respect of a Traffic Fine.

[bluebottle]

Re: Really need your advice re: JBW

I'm wondering if the threat of an injunction would make their underwear change colour? I'm also wondering if the Local Government Ombudsman should become involved as this sounds too much like maladministration resulting in injustice. The other thing I'm wondering about is number plate cloning. It is something that's just dawned on me. Ring your local Law Centre or Community Legal Service office first thing tomorrow morning. Both can provide you with free legal advice.

[mlc]

Re: Really need your advice re: JBW

Thank you for your advice, i have contacted the LGO this morning, they have advised me to make a complaint addressed to the complaints manager of the council and to also speak to a manager in the parking fines dept, firstly the council will not give me the name of the complaints manager and it will be dealt with by the complaints team and secondly i'm awaiting for parking manager to call me back.

Apparently the out of time dec that was refused was done so by the council not the court, so i'm pondering as to whether i should file an N244 and attend the hearing to put my case across, are these appeals successful as to fork out £80 is alot of money...

Everytime my doorbell goes i go to jelly and its not fair my daughter is seeing me a nervous wreck looking out windows,hiding the car and having to sternly tel her she is NEVER to open the door, what a way to live :-(

[mlc]

Re: Really need your advice re: JBW

**UPDATE**......I have now spoken to line manager at the parking office of WF Council, and what a lovely lady, she has promised me that she will pull off the bailiffs and look into this as she felt it hasnt been dealt with correctly, she can't promise anything but she will be back intouch with me middle of next week!!! Oh god i so hope it goes my way, she couldnt understand why i havent been sent a duplicate of fine and understands the royal mail dont always get it right !!!..... I will keep you updated as soon as ihear anything, Many Thanks for your help :-) x

[ploddertom]

Re: Really need your advice re: JBW

What were your reasons for submitting the OOT?