Pcn baillif charges

[Jowood]

I had a visit from Hatwel Bailiffs yesterday regarding two unpaid parking fines dated in 2009 and 2010. I stupidly ignored these fines and letters and thought I had got away with it till 2 months ago when I received a letter from the Bailiffs saying I owed them £210 for the unpaid fines. As the fines were so old I tried to blag it by claiming I had sold the car and that the fines were not mine. I heard nothing back from them till yesterday when they knocked on the door. I was not in and luckily, as my daughter had just got out of the bath, the door was not opened to them. Instead they pushed a warrant through the door for a sum of £810.08 !!! I realise that I should have paid the first bailiff letter but can they justify charging that amount for one letter and a visit? I am currently selling my house and have a sold sign outside so I am sure they will push my case to the top list of priorities. I am worried now that they will come and clamp or remove my car from my drive. Can they do this without prior notice?

Can anyone advise me about their charges as it seems an extortionate amount.


Any advice will be gratefully received.

[ExBailiff31]

Re: Pcn baillif charges

Hi Jowood, firstly yes they can clamp and remove your vehicle without prior notice however they are unlikely to do this as they want to do paid in cleared funds and not goods this is a tool used to push people into paying having said that if its the only option open to the Bailiff then he may remove! as for the fees, you will be being chaged for both accounts more than likely and where as charges may be extortionate its very difficult for you to prove that they have not been to your property before. the best advice I can offer you is if you have the money now get on the phone and pay it or if money is tight then contact them with a token payment say £150 and offer to pay the balance once you have moved as you will have the funds then, the only draw back with this method is they will want to know where you will be moving to (address) however provided you settle as agreed then this won't matter!

[Somecamel]

Re: Pcn baillif charges

How much were the original fines? I'm pretty sure a bailiff cannot charge fee's twice if he pursuing two different accounts at the same time.

[Jowood]

Re: Pcn baillif charges

The original fines were £190 for both. The first and only letter came to £210 and within a month and no communication the bill has jumped to £810.08. Surely they cannot charge for two seperate bills if they are including them on the same correspondence and visit?

[Somecamel]

Re: Pcn baillif charges

I have read 'somewhere' that they are not allowed to although I would imagine some bailiffs would try their luck- Hold off on doing anything until one of the more experienced posters comes online.

[ploddertom]

Re: Pcn baillif charges

Have a read of this first http://www.legalbeagles.info/forums/...rking-Offences

Have you a proper breakdown of the charges they have applied, if not use Letter 1 from http://www.legalbeagles.info/forums/...Useful-Letters

Have you asked to see a copy of the Warrant they hold, make sure you check the address is correct on it and also the date it was issued.

[Jowood]

Re: Pcn baillif charges

Thanks. I have drafted a letter from your list asking them for a breakdown of their charges. I will ask to see a copy of the warrant.

Question: do they have set fees for letters and visits and also is there a maximum of letters and visits they can make?

[jwr86]

Re: Pcn baillif charges

Have a read of this first http://www.legalbeagles.info/forums/...rking-Offences

Have you a proper breakdown of the charges they have applied, if not use Letter 1 from http://www.legalbeagles.info/forums/...Useful-Letters

Have you asked to see a copy of the Warrant they hold, make sure you check the address is correct on it and also the date it was issued.

Sorry not meaning to sound stupid but is there a reason for checking the address on it? Say I had a bailiff with a warrant for an address I don't live at anymore can they use that same warrant for new address or do they need a new warrant?

[ploddertom]

Re: Pcn baillif charges

Warrant of execution
75.7

(1) An authority seeking the issue of a warrant of execution must file a request –

(a) certifying the amount remaining due under the order;

(b) specifying the date of service of the order on the respondent; and

(c) certifying that the relevant period has elapsed.

(2) The court will seal the request and return it to the authority.

(3) Within 7 days of the sealing of the request the authority must prepare the warrant in the appropriate form.

(4) No payment under a warrant will be made to the court.

(5) For the purposes of execution a warrant will be valid for 12 months beginning with the date of its issue.

(6) An authority may not renew a warrant issued in accordance with this Part beyond the 12 month validity period but, subject to paragraph (7), an authority may request the reissue of a warrant during the 12 month validity period.

(7) Where the address of the respondent has changed since the issue of the warrant, the authority may request the reissue of the warrant by filing a request –

(a) specifying the new address of the respondent;

(b) providing evidence that the new address for the respondent does relate to the respondent named in the order and against whom enforcement is sought; and

(c) certifying that the amount due under the order remains unpaid.

(8) Where the court is satisfied that the new address of the respondent given in the request for the reissue of the warrant relates to the respondent named in the order, it will seal the request and return it to the authority.

(9) The authority must prepare the reissued warrant in the appropriate form within 7 days of the sealing of the request to reissue.

(10) A reissued warrant will only be valid for the remainder of the 12 month period beginning with the date it was originally issued.

[ploddertom]

Re: Pcn baillif charges

parking ticket change of address

http://www.britishparking.co.uk/writ...%20f%20doc.pdf

[jwr86]

Re: Pcn baillif charges

Thanks for clearing that up! So what if you moved house before the warrant was issued?

[ploddertom]

Re: Pcn baillif charges

The warrant is issued to the address applicable at the time the offence was made. If you move before any paperwork or Warrant is issued it follows you will not receive it. The Bailiff will have you believe you must pay him regardless whereas in reality the Warrant should be returned and you may find the Council or Police may decide to take no further action or reissue it at the original "price" thus giving you an opportunity to pay.

I know of a very recent case in Manchester where the driver was caught via Police speed trap, the ticket was issued to the Registered keeper who happened not to be the driver at the time. The ticket was returned stating who was driving then they moved. next they got was a Bailiff trying to break the door down asking for stupid amounts of money. On contacting the Court it transpires that all correspondence was returned to the Court as "Not at this Address". Consequently they have made a Statutory Declaration which has been accepted and they are now waiting for the original £60 ticket to come which will be paid upon receipt.