Need help to fight jbw with parking fines please!!

[lei lei]

My mum recieved a letter which was dropped through my door this morning, there was no time nor was it signed by anyone. it was a letter from JBW and It stated that it was from newham council.

I contacted the council and it appears that there are four outstanding PCN from Newham council dating back to as far as 31 jan 2011, the said the total amount of fines including court costs on £7 equalled £628 which was passed on to the bailiffs.

The letter recieved today states that my mum owes a total of £2037.96

They have listed £68.40 as an 'attendance to Levy Fee' and £210 for 'Attendance to remove fee'.

I called JBW to challenege the fees this morning and they said that they are allowed to charge this much and claim they have visited the house on 9 occassions.

At no point has any bailiff gained entry to my home nor was the car ever towed. it was clamped but the following day the clamp was removed without us even asking ( i think its because the car was a banger and wasnt worth much) and until recently (2 months) my mum no longer owns the car as it was written off.

Are the allowed to charge this much money on top of the orignal debt of £628? It seems unreasonable.
Can someone help me please i dont know what to do next.

thank you in advance

[bluebottle]

Re: Need help to fight jbw with parking fines please!!

Charges applicable to the enforcement of unpaid PCNs are regulated by the Enforcement of Road Traffic Debts (Certificated Bailiffs) Regulations 1993-2003, copies of which are attached to this post. Could you please list the fees JBW have charged, including the individual PCN fines and court costs, and the dates they claim they attended the house. It should become clear whether the fees are fraudulent or not.

[Guest]

Re: Need help to fight jbw with parking fines please!!

The law provides £11.20 for sending a letter and only charge this once per case.

For sum recovered 28% of the fine.


Time to get out the calculator and do the sums.

Meanwhile you can ask the bailiff to pass a truth test on his fees. If the bailiff fails the test or chooses not to answer it, then no money is due. This is because of two things.

1. The bailiff has not done the work he is charging you, that is, he has not recovered the money.

2. The bailiff fails to show his costs is reasonable costs. The case of Culligan vs Marston is persuasive.

This letter winds bailiffs up no end, and sends them completely nuts. You might be lucky and get the fees dropped to the statutory rate, or you get pages of essays.

[NAME OF BAILIFF COMPANY] [ADDRESS] [POSTCODE] [DATE] Dear Sir/Madam BY POST AND BY EMAIL Re: [YOUR NAME + ANY REF]: Opportunity to mitigate incorrect fees I write following recent communications from your firm and I request you send me the following seven points relating to ALL accounts you have for me and for anyone else you think is living at my address. a) The name and address of the court that certificated the bailiff who acts in this matter b) The certificate number of the aforementioned bailiff. c) All letters documents emails comments faxes personal opinions memos and other related information which would qualify as information defined under the Act. d) Written confirmation your bailiffs fees of £[AMOUNT] charged and they truthfully comply with the law. e) The name and address of the person or body who instructed you and the date of instruction. f) An itemised breakdown of all the fees charges orders costs and other monies that make up the total obtained by your bailiff being £[AMOUNT] g) A detail showing how much and on what dates I paid you and how much you have paid on to the creditor. I now give you an opportunity to check whether your bailiff has overcharged me with his fees. If you think his fees are genuine and are compliant with the law, please confirm in writing. If you are unable or unwilling to confirm the fees truthfully comply with the law, please refund me before 09.30am seven days from today being [DATE SEVEN DAYS TIME], the sum of £[AMOUNT], along with a written explanation why I was overcharged in the first place. If I subsequently find an irregularity with his fees after seven days from today, I will automatically file an official Form 4 complaint at the bailiff's certificating court for committing offences under Sections 1 to 5 of the Fraud Act 2006. This may also involve a criminal investigation by police and your firm's director(s) may be liable for benefiting from a fraudulent money transfer or proceeds of crime. As your fee document is not compliant with VAT regulations, and you have charged VAT, a copy of your document is being forwarded to HM Revenue and Customs for investigation. This document is delivered by Royal Mail and I deem it good service on you by the ordinary course of post under Section 7 of the Interpretation Act 1978. It is now your responsibility and in your own interests this letter is handed to the relevant person within your organisation. I regret I am unable to discuss this matter by telephone or in person. Yours very truly YOUR NAME (do not sign) cc [NAME OF COUNCIL]

[lei lei]

Re: Need help to fight jbw with parking fines please!!

Charges applicable to the enforcement of unpaid PCNs are regulated by the Enforcement of Road Traffic Debts (Certificated Bailiffs) Regulations 1993-2003, copies of which are attached to this post. Could you please list the fees JBW have charged, including the individual PCN fines and court costs, and the dates they claim they attended the house. It should become clear whether the fees are fraudulent or not.

hey before i continue, i made a mistake on my original post. there are 5 pcns outstanding not 4 oops total amount £785

on the letter posted this morning its states the following:

Balance before todays visit £1759.56
Attendence to levy fee £68.40
Attendance to remove fee £210
Total due now £2037.96

Each fine is as follows:
1: original fine of £30 (if paid before 14 days other wise full fine of £ 60 plus increase of 50% if no payment = £90) £90 plus £7 court fee = £97
2: same format as above £120 pus £7 court fee = £127
3: " " £195 plus £7 court fee = £202
4: " " £195 plus £7 court fee = £202
5 " " £150 plus £7 court fee = £157

JBW said they visited the house on the following dates:
21st November 2011, 16th December 2011, 21st Jan 2012, 27th Jan 2012, 7th Feb 2012
27th Feb 2012, 13th April 2012, 17th May 2012 and today 15th August 2012.

i really appreciate the help and advice, thank you so much.

[legalese]

Re: Need help to fight jbw with parking fines please!!

No they will not sign their paperwork as they do not want to be liable in any proceedings as the bailiff knows that they have no leg to stand on so i suggest you do not communicate with them at all. If the are so powerful within the law then they would sign their paperwork.

[lei lei]

Re: Need help to fight jbw with parking fines please!!

I cant believe they get away with slapping on these fees. When i asked what the fees were for he said that they came with the initention of removing goods. How can they charge for an intention without establishing facts eg if my mum even has good to that value and if she did surly the only way they would know this is by entering the house (which they didnt) or by clamping and towiing the car. seems like a con, i just want to sort it out, its stressing my mum and myself too.

What happens if i choose not to pay anything? will they return it back to the council? its been over a year already.
thanks again for all the advice guys

[legalese]

Re: Need help to fight jbw with parking fines please!!

Nothing will happen if you do not pay, they will try and try again in the next 12 months lol

[bluebottle]

Re: Need help to fight jbw with parking fines please!!

Over on CAG, JBW are in serious poo with a local authority over the incompetence and shenanigans of their brain-dead bailiffs. They pushed a letter through someone's door, then seized a neighbour's car. Although the neighbour has now got their car back, after the intervention of a solicitor, the local authority are not happy bunnies with JBW. In fact, they are absolutely furious bunnies with JBW as it is likely they will be liable for car-hire costs, petrol costs, legal costs and damages for trespass. What made it worse was that the neighbour told JBW he had proof the car was his and they refused to listen or return the car. There is also an investigation as to why the police did not respond to 999 calls from other neighbours who saw the JBW bailiff tampering with the car and challenged him. Bets are being hedged as to whether JBW will lose its contract with the local authority involved, as a result, and whether the bailiff will be arrested and put before a magistrates court.

[bluebottle]

Re: Need help to fight jbw with parking fines please!!

I cant believe they get away with slapping on these fees. When i asked what the fees were for he said that they came with the initention of removing goods. How can they charge for an intention without establishing facts eg if my mum even has good to that value and if she did surly the only way they would know this is by entering the house (which they didnt) or by clamping and towiing the car. seems like a con, i just want to sort it out, its stressing my mum and myself too.

What happens if i choose not to pay anything? will they return it back to the council? its been over a year already.
thanks again for all the advice guys

By my rough calculations, Lei Lei, the most JBW could legitimately charge is £447.45 including VAT @ 20%. However, it does need to be properly scrutinised. I wouldn't believe a word JBW say. Legalese has made a valid point about them not signing their letter, as once you sign a letter, you accept full legal responsibility for what is contained within the letter, unless you can prove otherwise.

[legalese]

Re: Need help to fight jbw with parking fines please!!

Before you go down the suing them road it is advisable to draw up a NOTICE and send this notice to the bailiff company stating you have removed their implied right of access to your property with charges attached, warn them that if they ignore your notice you will charge them and a bill will be sent which you would give 28 days for them to pay. This will put a stop to the bailiff.

[Guest]

Re: Need help to fight jbw with parking fines please!!

Before you go down the suing them road it is advisable to draw up a NOTICE and send this notice to the bailiff company stating you have removed their implied right of access to your property with charges attached, warn them that if they ignore your notice you will charge them and a bill will be sent which you would give 28 days for them to pay. This will put a stop to the bailiff.

It is pretty pointless withdrawing their implied right when they have a right in statute to attend.

D

[legalese]

Re: Need help to fight jbw with parking fines please!!

Hi davyb, yes you are right too, but only by consent

[Guest]

Re: Need help to fight jbw with parking fines please!!

Hi davyb, yes you are right too, but only by consent

Yes by consent of parliament, no other consent is needed.

D

[legalese]

Re: Need help to fight jbw with parking fines please!!

Woul you care to share that statute link please

[legalese]

Re: Need help to fight jbw with parking fines please!!

Maybe your colleague at TS would know