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Issue with JBW Baliff

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  • Issue with JBW Baliff

    I need some advise asap regarding bailiff situation with JBW.To cut a long story short I had four fines with Hackney council. TE9 form came and I sent all four back via email and heard nothing back. Received a baliff letter in June from JBW demanding payment for £904.81. Contacted JBW who advised i need to make full payment. Called TEC who advised they had not received my email as I sent it to the wrong email address (even though it was the email address on the TE9 form). Filled out a OOH statement and fines put on hold. Received another letter from JBW saying fine had gone up to £1120.26. Questioned this and was told fines had gone up before case was put on hold.

    Received notification that TEC has rejected my OOH time statement. I immediately appealed using the N44 form. Unfortunately due to cost I could not afford to pay the £90 it cost per fine to have hearing with myself present and paid the £45 per fine. Received written notification that my appeal had been turned down on 21/08/12. To prevent further escalation I called JBW and paid £700.60 over the phone and tried to make a payment arrangement which was initially refused until I demanded to speak to a manager. Was then informed that I had until end of September to pay as case was still on Hold. At this point I was told the amount outstanding was £420.26

    28/10/12 - Came out early hours of the morning to find my car clamped. Called the mobile number and two bailiffs turned up in black van. They were polite enough but said all four fines had been taking off hold and that I either pay up now or car would be towed. Already late for work I was left with no choice but to pay. Ended up paying £124.32 by credit card and £360.27 via debit card. At this point I was angry and frustrated but I thought it was all over and done with. The bailiff confirmed that all four fines were now paid and nothing else was outstanding. This point amount I have now paid is £1185.19


    05/12/10 received letter from JBW saying i owed £283.51. Confused i contacted them to find out why. They now insist I only paid 3 fines and not 4. Lady i spoke to on the phone extremely rude, I asked her if she could tell me what the outstanding balance was when the four cases was put on hold in June and she refused saying she can only discuss current case. She then told me the receipts I have unless it shows the penalty charge notice number then I dont have proof that I have paid. I checked the two receipts that the baliff gave me when my car was clamped and noticed that he just wrote the same penalty charge notice number twice. She then gave me a an address to write into but said I would be wasting my time and that it would be better to pay outstanding balance.

    Contacted Hackney council who were also unhelpful and insisted i deal with the bailiffs direct. I refused and said i am disputing the fine as I believed it has been paid and I wish to make a complaint. In the end he gave me address to write to the parking attendant. I have sent a letter via recorded delivery to the parking attendant and have heard nothing back. Also sent letter back to JBW showing proof of what i paid and when which has been ignored. Letters are still coming, latest letter says fine now up to £355.

    I could desperately do with some advice.I feel I have been taken for a ride by JBW and dont want to pay any more to these fraudsters. Please if anyone can advise what I can do I would be very grateful indeed. Currently parking my car well away with my house and everyone has been given instructions not to answer door to bailiffs if they turn up.
    Tags: None

  • #2
    Re: Issue with JBW Baliff

    JBW has form for this sort of thing. Serve them with a notice to provide a written breakdown of fees. This will only cost you the cost of a postage stamp and Signed For postage. Use Letter No.1 on this link: http://www.legalbeagles.info/forums/...Useful-Letters. If JBW have overcharged, you claim any unlawful fees from the council involved as they are 100% vicariously-liable for JBW's actions.
    Life is a journey on which we all travel, sometimes together, but never alone.

    Comment


    • #3
      Re: Issue with JBW Baliff

      thanks I will send a letter today recorded delivery. Should I include a SAE as well. What happens if JBW fail to respond?

      Comment


      • #4
        Re: Issue with JBW Baliff

        JBW has a legal obligation to provide you with a breakdown of fees. Could you please advise how much each PCN was and the court fees attached to each, please? What JBW have charged appears to be excessive and, potentially, unlawful.
        Life is a journey on which we all travel, sometimes together, but never alone.

        Comment


        • #5
          Re: Issue with JBW Baliff

          There are a few councils who print the wrong email details for tec on their court registration notice. However as of yet there has been no legal challenge to this.
          If you have any sort of problems with bailiffs. I can help you as i am a self proclaimed specialist at dealing with them. I am hopefully going to start a degree (law) from october. If you think my posts are helpful or are guiding you in the right direction do show your appreciation by giving me a green blob.

          Comment


          • #6
            Re: Issue with JBW Baliff

            Originally posted by BAILIFFCHASER View Post
            There are a few councils who print the wrong email details for tec on their court registration notice. However as of yet there has been no legal challenge to this.
            Thank you for that very useful piece of information, BC. Do you know which councils are guilty of this, please?
            Life is a journey on which we all travel, sometimes together, but never alone.

            Comment


            • #7
              Re: Issue with JBW Baliff

              @bluebottle. Thanks for you help so far. The PCN charges were £195 plus the £7 the council pays for it go over to TEC. So in total each fine £202 x 4 = £808
              @baliffchaser: The wrong email address was actually printed on the TE9 form itself which I thought was sent out by the TEC or am i wrong in saying that. if it helps my fines are with Hackney Council.

              Comment


              • #8
                Re: Issue with JBW Baliff

                Okay. From the information provided, fees should be as follows -

                PCNs = 4 x £97.00 = £388.00 (including court fees 4 x £7.00)
                Letter = £11.20 + VAT @ 20%
                Levy Fees = £118.98 + VAT @ 20% (First £200)
                £10.34 + VAT @ 20% (Remaining £188)
                VAT @ 20% = £28.10
                TOTAL = £556.62

                If you received 4 letters at different times, a further 3 letter fees need to be added adding a further £33.60 + VAT @ 20% = £40.32.

                The actual fees you should be charged, including fines and court fees, are £556.62 - £596.94.

                If the original fine for each PCN is only £90 + £7 court fee, Mr Jamie Waller, the MD of JBW Group, and Hackney Council have some serious explaining to do about the fees obtained and sought.
                Life is a journey on which we all travel, sometimes together, but never alone.

                Comment


                • #9
                  Re: Issue with JBW Baliff

                  Bluebottle thanks again for you response. Up until 05/10/12 when I believed all four fines had been paid I only had received 3 letters from JBW. Since then 3 more have arrived making 6 letters in total.
                  I am a bit confused by your figures. All four of my tickets were at the order for recovery stage and then passed over to JBW. The full charge for tickets in Hackney are £120. It says on their website when it gets to order for recovery stage fine is full charge plus 50% plus £7 court charges. this is why it gets confusing because each fine is £202. Yet using what they say on their website It should be £192 (120 plus 50% charge which is £60 plus £7 court fee). When fines get passed over to bailiff to action should it just be the original full charge of PCN plus court fees so in my case £127?

                  Comment


                  • #10
                    Re: Issue with JBW Baliff

                    When a local authority issues a PCN, they normally quote, say, for example, £60, or £40, if settled within 14 days. If the PCN is not paid, then it, normally, uplifts by 50%. So, a £60 fine would increase to £90. I think we need to see things in the cold light of day in order to see if JBW's fees are legitimate or whether Mr Jamie Waller and his brainless employees need something that will send them running to the nearest chemist shop for super-strength Imodium Plus capsules.

                    In order that we can make some sense of this, could you please answer the following questions -

                    1. What are the dates on each individual PCN?
                    2. Did JBW send you a letter for each PCN on different dates or were all covered by one letter sent on one particular date?
                    3. What was the original fine on each PCN?

                    Fees certificated bailiffs are permitted to charge when enforcing PCNs are regulated by the Enforcement of Road Traffic Debts (Certificated Bailiffs) Regulations 1993-2003. Because a London Borough Council (LBC) is involved, the Enforcement of Road Traffic Debts Order 1993 also applies.

                    Call me a cynical ex-policeman if you like, but I cannot help suspecting that JBW have been milking you for what they can get away with, aided and abetted by the complicity of London Borough of Hackney. We will help you sort this out. However, we do need clarity in order to do that.
                    Life is a journey on which we all travel, sometimes together, but never alone.

                    Comment


                    • #11
                      Re: Issue with JBW Baliff

                      No there are several doing it. They always quote the wrong email on the te9. As you cannot use that to set aside a court officers decision.The local authority sent out the te9 and anny associated letters including the warrant etc.
                      If you have any sort of problems with bailiffs. I can help you as i am a self proclaimed specialist at dealing with them. I am hopefully going to start a degree (law) from october. If you think my posts are helpful or are guiding you in the right direction do show your appreciation by giving me a green blob.

                      Comment


                      • #12
                        Re: Issue with JBW Baliff

                        Originally posted by BAILIFFCHASER View Post
                        No there are several doing it. They always quote the wrong email on the te9. As you cannot use that to set aside a court officers decision.The local authority sent out the te9 and anny associated letters including the warrant etc.
                        If the local authorities involved cannot prove it is a genuine mistake, what you have highlighted is, technically, if not, in essence, Perverting the Course of Justice. It makes one wonder if, in the circumstances, warrants should be annulled and fees reimbursed. If JBW know this is going on and have said nothing about it, they are in just as much trouble as the local authorities involved.
                        Life is a journey on which we all travel, sometimes together, but never alone.

                        Comment


                        • #13
                          Re: Issue with JBW Baliff

                          I agree with Bluebottle, in fact I think the OP has grounds to challenge this further.

                          if he complied by replying to the email address supplied, and then the council claim they didn't receive it and its the wrong one, they really haven't got a leg to stand on.

                          They have essentially made it so you couldn't possibly comply, they get to rule on whether or not you can appeal, and funny old thing, you fail the appeals procedure!

                          I think you need to go back through your paperwork, find the email address on the paperwork, then go back through your email sent box to ensure you in fact did send to the email address on the paperwork, and if you did, then they have a problem, not you.

                          Sounds like JBW are giving you grief because you were essentially an easy target, i.e. you paid up with little fuss, so of course they will see if the bovine is still expressing milk

                          Comment


                          • #14
                            Re: Issue with JBW Baliff

                            I think the excrement may be about to hit the air conditioning, Galahad. And if a large number of people have been affected in this way, it could prove very expensive indeed for LB of Hackney and JBW. And not just financially.
                            Life is a journey on which we all travel, sometimes together, but never alone.

                            Comment


                            • #15
                              Re: Issue with JBW Baliff

                              @blue bottlle , below are the amounts
                              19/03/2011. Amount of charge £180. Court fee £7. total £187. (original PCN £60 if paid within 14 days)
                              04/06/2011 - Amount of Charge £195. Court fee £7. Total £202 (original PCN £65 if paid within 14 days)
                              17/02/2012 - Amount of Charge £195. Court fee £7. Total £202 (original PCN £65 if paid within 14 days)
                              24/02/2012 - Amount of Charge £195. Court fee £7. Total £202 (original PCN £65 if paid within 14 days)
                              At order for recovery stage fine goes up by another 50% Can they do this?
                              With regards to JBW, First letter i received mentioned just one fine, second letter mentioned all four fines and so did the 3rd letter they sent.

                              @Galahad. All four fines were at the Order for recovery stage. TE3/TE9 form received through the post. TE9 forms filled up on line and emailed to the email address printed on the TE3 form which was customerservice.tec@hmcourts-service.gsi.gov.uk. I remember having a conversation with a lady at TEC when I called up after I got bailiff letter, she said that they have been told numerous times to change the email address. Didn't know who she meant at the time and i did not write her name down at the time. Question is how can I prove that Hackney deliberately put the wrong email address on the TE3 form?

                              Thanks again for the help so far

                              Comment

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