Need some help/advice re: Rossendales

[1980Mariner]

Got a parking ticket in North East Lincolnshire May 2011. Had bought a ticket but was a very windy day and had an under 1 and ticket was blown over as I took son out of car. Traffic warden took photos including one of upturned ticket.

Was a penalty notice on car when I returned with instuctions for payment/how to challenge. When I went onto the North East Lincolnshire Council website the stated means of viewing photos was down and not available. I wrote to NELC including photocopy of parking ticket (both sides) and complaining about the unavailability of website. Heard nothing from them so assumed ticket cancelled.

Received a Traffic Enforcement Centre letter a few months ago. So waiting for the charge (which would have risen to £82) which I intended to pay and then take action against NELC for recovery of money. Heard nothing from anyone.

This morning when my partner left for work there was a piece of A4 paper hanging out of the letter box (so that any Tom, Dick or Harry could have taken it) which is a Bailiff Removal notice from Rossendales for £309.04. I have never had anything from this company before and as you can understand I am extremely worried about this and need advice about what I can do.

Many Thanks in advance.

[1980Mariner]

Re: Need some help/advice re: Rossendales

Should just add that I have just noticed my car registration number was scrawled on the bottom of the letter. This guy visited prior to 06:45 when my partner left for work and didn't knock or ring the bell.

[1980Mariner]

Re: Need some help/advice re: Rossendales

Further add on... Aren't Bailiffs supposed to call within daylight hours? Today's Sunrise in my town was 08:04. So he called at least 80 minutes prior to this.

[ploddertom]

Re: Need some help/advice re: Rossendales

Part of the trick of leaving the letter as he does done is so when "cruising" past he can see whether it is still there. He know nows you have seen it. As for the time of day he has called that is OK - the times you allude to are those collecting for Rent arrears. Have you read this http://www.legalbeagles.info/forums/...rking-Offences . It should pay you to contact the Traffic Enforcement Centre & see if you can submit an Out of Time or similar, if so they can send you the forms by email & if returned by 4pm they can be dealt with immediately.

One thing to note well - he already knows the Reg of your car so you should move it NOW otherwise it may be seized & even removed. It is best put in a friends garage.

[1980Mariner]

Re: Need some help/advice re: Rossendales

UPDATE:

Rang the guy on Monday morning and he hung up and refused to talk when I asked for a detailed breakdown on charging. So I rang their office and he was more talkative when the call came redirected from the head office.

Charges were as follows:
£82.00 original sum
£11.20 letter "sent on 31/10/12" which I didn't receive
£2.24 (VAT)
£130 Van fee
£26 (VAT)
£33.60 Restraining fee

TOTAL £285.04

He apologised that the balance on my "Bailiff Removal" notice was incorrect due to adding Van Charge (£150) from a different council (North Kesteven).

Anyway on Monday evening my nosey 90-year-old next door neighbour stopped me and said "that man called around a bit early today." I said "sorry, which man was that" and she said that a man parked his CAR outside the house the other side to her from us at 6AM and was "hanging around the top of our driveway" before posting a letter and "quickly departing". Is it legal to charge a van fee when the bailiff turns up in his car? Guessing that could explain why he didn't knock despite the lights being on and me being awake and downstairs?

Also, a restraining fee? What had he restrained? My car- which actually belongs to my dad's company although I am the registered keeper. I didn't receive any paperwork or obviously sign anything to confirm any of my possessions were being restrained. Does this constitute an illegal/unlawful charge?

And on the North East Lincolnshire Council website is a code of conduct and a service agreement for Rossendales Bailiffs to follow and this has not been followed in the slightest.

Is the correct course of action to take paying the original £309.04 in full and then writing to Rossendales asking for all charges to be refunded on the grounds that they 1) Didn't send an original letter for which I have been charges £11.20+VAT. 2) They charged me £150+VAT for van fee which is more than they are empowered to charge by North East Lincolnshire Council and 3) They charged me £33.60 for a restraining fee when my goods were not restrained or documentation left that show they were. Should I also write state all the ways they have broken their code of conduct and terms of their service agreement with North East Lincolnshire Council and forward all letters to NELC too?

Am I right in thinking the first call from the bailiff should have been a "courtesy call" which can only be charged at £28 (+VAT?).

Many thanks in advance.

[labman]

Re: Need some help/advice re: Rossendales

Send them Letter One from here:

http://www.legalbeagles.info/forums/...Useful-Letters

Once you get a reply, we can go through them. They have to put down any unlawful charges in writing then, which can occasionally be used to your advantage. Send it recorded delivery, or it may get lost in the post (purely by chance of course!!!!!!!)