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Hi all, I do apologise for not introducing myself before, to cut a long story short I received a PCN last year from the Council, I was at work when I got the ticket and only worked part time so could not afford to pay the ticket, since this I think the ticket doubled after the discount period which still I obviously could not pay it then went to Northampton Court and increased to £95 which I also could not afford, at no time have I ever been offered to pay instalments to pay any of these amounts off due to my low income. I have not heard anything since last year up until 6th August this year, when I have recieved this letter from Marstons (marston 1). I could not afford to pay and again no offer of repayments.
I have today received a letter posted through the door by the bailiff (marston 2). For a first visit the fees seem very steep the original debt has more than trebled!!!! I have been doing some research and believe that these fees are not allowable by law and looking into things I have found a couple of letter templates from another site (I dont know if I can mention it but if OK it is a very informative site on bailiffs) and was wondering which (if any) would be the most appropriate course of action (I will edit the letters to suit my needs).
[HEAD OF TRAFFIC ENFORCEMENT]
[NAME OF] Council
[ADDRESS & POSTCODE]
[DATE]
Dear Sir.
FORMAL COMPLAINT
BY POST AND BY EMAIL
Re: Penalty Charge Notice Number: [NUMBER]
I make this formal complaint because I received bailiff from you on [DATE] collecting the aforementioned PCN and demanded the sum of [AMOUNT].
The bailiff indiscriminately over-charged me with his fees that are not compliant with regulations and charged me for work he has not done. There has been no costs incurred by the bailiff and no costs order has been made against me by a court. This may constitute an offence under the 2006 Fraud Act.
[ADD ANY OTHER GROUNDS HERE – KEEP IT SIMPLE AND FACTUAL]
I confirm no goods have been taken or physically removed (distress) by the bailiff and no goods were needed to be collected my me.
COMPLAINT RESOLUTION
1. Return the case to council administration.
2. The council makes the necessary investigation why I was over-charged.
3. Do the necessary work to ensure the person responsible for over charging me is made accountable under both, civil law and criminal law and the investigation is made objectively and professionally.
4. Make the necessary complaint to the appropriate court regarding the bailiff's fitness to hold a certificate.
If you are unable, or unwilling to resolve this complaint in full, please mark your response letter with the words FINAL RESOLUTION and I will ask the Local Government Ombudsman to intervene and start a claim in the county court.
Yours Faithfully.
[YOUR NAME]
Encs. Copy of:
Bailiffs document.
Cc – [NAME OF BAILIFF COMPANY]
Or this one:
[NAME OF ENFORCEMENTS SECTION]
[NAME OF] Council
[ADDRESS1]
[POSTCODE]
BY POST AND BY EMAIL
[DATE]
Dear Sir
Re: [YOUR NAME & ANY REF]: Visit by your bailiff on [DATE]
FORMAL COMPLAINT
I have had an opportunity to seek advice and I write on the understanding that case law has ruled an authority is liable for its bailiffs.
On [DATE] I was visited by your bailiff collecting unpaid council tax. We were unable to reach an amicable resolve and the bailiff showed threatening behaviour and became defensive and vexatious in nature. He made unrealistic demands of money which are way beyond my means and has been caught cheating with his fees by charging unlawful amounts contrary to regulations.
COMPLAINT RESOLUTION
a) Take the case back from the bailiff.
b) Accept my original offer to pay £[AMOUNT] a week to clear the arrears
c) Pay me a reasonable compensation for my inconvenience and for my efforts in seeking discovery of information and
d) Receiving an over-zealous bailiff acting for you making unrealistic demands of money and defrauding me with his fees.
If you fail to satisfactorily complete the above I will automatically escalate the complaint to the local government ombudsman in fourteen days from the date of this letter.
Due to my circumstances I am unable to pay the debt as demanded by the bailiffs and I will make payment of £[AMOUNT] each month for [NUMBER OF] monthly installments with a final installment of £[AMOUNT]. This may seem a long time but it's all I can afford and allows me to pay future liabilities without falling into arrears. I confirm I am not refusing to pay this debt.
This letter is delivered by Royal Mail and deem properly served 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.
Yours Faithfully
[NAME]
Enc 1st payment.
One more thing and sorry for the long post but have tried to work this out for myself just need help with the finer touches.
Can the bailiff take my car not the one with the PCN or would that be classed as irregular distress. If he comes tomorrow I will video what he has to say. Hope someone can help. Thank you for reading my post.
I have today received a letter posted through the door by the bailiff (marston 2). For a first visit the fees seem very steep the original debt has more than trebled!!!! I have been doing some research and believe that these fees are not allowable by law and looking into things I have found a couple of letter templates from another site (I dont know if I can mention it but if OK it is a very informative site on bailiffs) and was wondering which (if any) would be the most appropriate course of action (I will edit the letters to suit my needs).
[HEAD OF TRAFFIC ENFORCEMENT]
[NAME OF] Council
[ADDRESS & POSTCODE]
[DATE]
Dear Sir.
FORMAL COMPLAINT
BY POST AND BY EMAIL
Re: Penalty Charge Notice Number: [NUMBER]
I make this formal complaint because I received bailiff from you on [DATE] collecting the aforementioned PCN and demanded the sum of [AMOUNT].
The bailiff indiscriminately over-charged me with his fees that are not compliant with regulations and charged me for work he has not done. There has been no costs incurred by the bailiff and no costs order has been made against me by a court. This may constitute an offence under the 2006 Fraud Act.
[ADD ANY OTHER GROUNDS HERE – KEEP IT SIMPLE AND FACTUAL]
I confirm no goods have been taken or physically removed (distress) by the bailiff and no goods were needed to be collected my me.
COMPLAINT RESOLUTION
1. Return the case to council administration.
2. The council makes the necessary investigation why I was over-charged.
3. Do the necessary work to ensure the person responsible for over charging me is made accountable under both, civil law and criminal law and the investigation is made objectively and professionally.
4. Make the necessary complaint to the appropriate court regarding the bailiff's fitness to hold a certificate.
If you are unable, or unwilling to resolve this complaint in full, please mark your response letter with the words FINAL RESOLUTION and I will ask the Local Government Ombudsman to intervene and start a claim in the county court.
Yours Faithfully.
[YOUR NAME]
Encs. Copy of:
Bailiffs document.
Cc – [NAME OF BAILIFF COMPANY]
Or this one:
[NAME OF ENFORCEMENTS SECTION]
[NAME OF] Council
[ADDRESS1]
[POSTCODE]
BY POST AND BY EMAIL
[DATE]
Dear Sir
Re: [YOUR NAME & ANY REF]: Visit by your bailiff on [DATE]
FORMAL COMPLAINT
I have had an opportunity to seek advice and I write on the understanding that case law has ruled an authority is liable for its bailiffs.
On [DATE] I was visited by your bailiff collecting unpaid council tax. We were unable to reach an amicable resolve and the bailiff showed threatening behaviour and became defensive and vexatious in nature. He made unrealistic demands of money which are way beyond my means and has been caught cheating with his fees by charging unlawful amounts contrary to regulations.
COMPLAINT RESOLUTION
a) Take the case back from the bailiff.
b) Accept my original offer to pay £[AMOUNT] a week to clear the arrears
c) Pay me a reasonable compensation for my inconvenience and for my efforts in seeking discovery of information and
d) Receiving an over-zealous bailiff acting for you making unrealistic demands of money and defrauding me with his fees.
If you fail to satisfactorily complete the above I will automatically escalate the complaint to the local government ombudsman in fourteen days from the date of this letter.
Due to my circumstances I am unable to pay the debt as demanded by the bailiffs and I will make payment of £[AMOUNT] each month for [NUMBER OF] monthly installments with a final installment of £[AMOUNT]. This may seem a long time but it's all I can afford and allows me to pay future liabilities without falling into arrears. I confirm I am not refusing to pay this debt.
This letter is delivered by Royal Mail and deem properly served 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.
Yours Faithfully
[NAME]
Enc 1st payment.
One more thing and sorry for the long post but have tried to work this out for myself just need help with the finer touches.
Can the bailiff take my car not the one with the PCN or would that be classed as irregular distress. If he comes tomorrow I will video what he has to say. Hope someone can help. Thank you for reading my post.
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