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Help please! JBW Bailiffs Congestion Charge, Notice of attendance

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  • Help please! JBW Bailiffs Congestion Charge, Notice of attendance

    Hi everyone, this is my first post on here!

    Im hoping you may be able to help me with a little problem im having with JBW Bailiffs regarding congestion charge PCN's that were for one reason or another not paid. Without wanting to bore you this is a fairly long story...i should explain first that my car is registered in my mothers name and at her address with me as a named driver for insurance purposes, thus any PCN that is sent is addressed to my mum.

    We are aware of 3 occasions where the congestion charge wasn't paid but dont have the letters from TFL anymore.
    We started receiving letters from JBW on 18th Sept 2012 amount outstanding £200.44
    Then on 18th oct we received two Notice Of Attendance forms with different JBW reference numbers
    1. balance before todays visit £200.44 attendance to levy fee £68.40 total balance due £268.84
    2. balance before todays visit £268.84 attendance to levy fee £72.40 attendance to remove fee £210 total balance due £550

    Both contain TFL reference numbers and both have a printed signature of a "Certificated" bailiff but i cant seem to find him on the bailiffs register. (i dont know the rules about posting names so i will leave names out of it)

    The thing is that the 18th Oct is a very memorable day for us as its the day my son was born, and my parents were both at home awaiting news from the hospital. there certainly was no visit on 18th.

    Then on 29th Oct we received a Notice Of Removal, amount outstanding £951.72

    we also had another notice of attendance posted through with 2 brand new JBW reference numbers on not dated or signed stating
    balance before todays visit £601.28 attendance to levy £64.80 total balance £666.08

    the last letter i have from then on 29th Jan 2013 was informing us that JBW had "Obtained an updated from the DVLA and as a result have instructed our ANPR vehicle to attend"

    around the same time my mum received a quite intimidating call from the bailiff informing her that he was on his way to seize goods from her house and the only way she could stop it happening was to pay the full amount. She phoned me in floods of tears and i was naturally infuriated that he had been so aggressive with her and also felt extremely guilty for causing this agro to my poor old mum! I got my mum to phone JBW and instruct them that i was to have the authority to liase with them regarding the account to which they agreed.

    I called JBW on 7th feb and arranged to pay £200 a month to clear the debt and to save my parents from any more visits, They informed me that my total balance was £866 at this stage i had given up and just thought well hey its better than £951 which they had stated previously. Next payment of £200 was to be paid on 7th march however i didn't make the payment in time and they then claim to have called me on the 8th(fri) to inform me that i had broken my agreement.

    I did not receive a call from them but they claim they tried to contact me

    I called them on Monday 11th to pay the £200 (1 working day late of our agreement) and they informed me it was too late and that only the full amount would stop them sending a bailiff to my mums house and more costs would be added. Again i was furious, they posted an enforcement notice through the door this time hand written and signed by a different bailiff to the one on the previous notice of attendance.
    The amount on the latest letter is £466 the bailiff didn't put any extra charges, i spoke to him and he said he had read the notes on the account and didn't think it right to add any more costs, he also confirmed that it was the first time he had visited the property and made it very clear that he did not make my mum cry on the phone he had never called. Fair play to him i asked him not to go back and he said he wouldn't although how genuine he is remains to be seen. I paid a further £270 into their natwest account on the 11th.

    Earlier today (12th) I spent several hours on the phone trying to get information from JBW regarding the charges and the days that they attended and have found the staff to be so rude and ignorant, flippant and cocky enough to make your blood boil! They claim that no bailiff attended on 18th Oct (which we know) but then my question is why have they sent us documents stating they have attended surely that is fraudulent??

    when i quizzed the manager as to the names and contact numbers of the bailiffs who have attended he became very cagey at first they gave a totally different name and then wouldn't give me a contact number, it all seems a bit fishy. One of the girls i spoke with did give me 5 separate pcn numbers that this relates to but as i said we are sure there was only 3 congestion charge fines. everything is so inconsistent, so many reference numbers and different amounts, I was told that some of the cases were settled now and i only have 2 outstanding both for reference numbers that i have no documentation for and they are both for £200.44 each.

    I asked them for details of the payments they had received and they claimed we had paid them £1,103 over 3 payments???
    she was even kind enough to provide me with the TFL fines that the payments related to.

    (we have only paid £470 and my mum thinks she may have possibly paid £150 last year sometime apologies for the vagueness)



    When i called back later to ask for some further information i asked the same question to a different moron and they told me that the total owed was now £396.52

    I have sent them a request to break down all costs and visits and names of bailiffs that have attended, i have also requested the recordings of the phone conversation i had with the bailiff manager under the data protection act, primarily for comedy value as you can literally hear him squirming as he blatantly tries to lie his way out of the situation. Im aware that the chances of getting the recordings are slim but i just feel like i want to request everything from them and really get to the bottom of this shambles.

    Surely they are not allowed to operate like this on the behalf of TFL??

    If anyone has actually read all of this then thank you, if you have any advice i would be most grateful
    Last edited by nomoremrniceguy; 13th March 2013, 04:27:AM.
    Tags: None

  • #2
    Re: Help please! JBW Bailiffs Congestion Charge, Notice of attendance

    Good to see you have requested a breakdown of fees. Hope you asked for the relevant dates. It is illegal for a bailiff/bailiff company to charge or attempt to charge an Attendance to Remove (ATR) fee on the same day as a Levy Fee. Trading Standards Officers (TSO) regard this as "Upfront Fee Fraud". Technically, the bailiff, bailiff company and the management of the bailiff company can be prosecuted for this. However, the obstacle to seeing this happen is getting the CPS to take it to court and the police to investigate such matters. Sadly, police officers, these days, are not trained in or familiar with the Law of Distress.
    Life is a journey on which we all travel, sometimes together, but never alone.

    Comment


    • #3
      Re: Help please! JBW Bailiffs Congestion Charge, Notice of attendance

      Thanks for the reply Bluebottle, i sent them a template letter that i found online..... is this the correct approach?

      12/03/13




      To:
      JBW Certifated Bailiffs
      PO Box 58 Darlington
      DL1 9ae


      Ref: Account No: 1881878 / 1878204


      Dear Sir,


      With reference to the above accounts, I would be grateful if you could provide me with a breakdown of all charges incurred.


      This includes, but is not necessarily limited to the following:


      a the time and date of any bailiff action that incurred a fee or charge.
      b the reason for the fee or charge.
      c the name(s) of the bailiff(s) that attended on each occasion a fee was charged.
      d the name(s) of the Court(s) at which the Bailiff(s) was/were Certificated.
      e the date of certification.
      f the initial balance, and any amount currently outstanding on the account


      This is not a Subject Access Request under the Data Protection Act S7 1998 so does not incur a fee of £10. You are obliged to provide this information.


      I require this information within 14 days.


      Yours faithfully,

      Is there anything else I should be doing? They have promised to call back today to discuss it but there has been no call so far, i also sent them a photo of the 2 notice of attendance which they deny all knowledge of!?

      Comment


      • #4
        Re: Help please! JBW Bailiffs Congestion Charge, Notice of attendance

        Absolutely. Once the breakdown arrives, post it up and it should then be clearly evident what action needs to be taken.
        Life is a journey on which we all travel, sometimes together, but never alone.

        Comment


        • #5
          Re: Help please! JBW Bailiffs Congestion Charge, Notice of attendance

          How can they deny evidence of the 2 documents they really are something?

          Comment


          • #6
            Re: Help please! JBW Bailiffs Congestion Charge, Notice of attendance

            Update: They now claim that the date on the Notice of attendance is only the date it was printed not the date of the visit to the property, they say that some of their bailiffs chose to pre print the documents.

            Can they do this? Surely if they are adding charges for a visit then the paperwork must clearly state when the visit took place?

            Comment


            • #7
              Re: Help please! JBW Bailiffs Congestion Charge, Notice of attendance

              Originally posted by nomoremrniceguy View Post
              Update: They now claim that the date on the Notice of attendance is only the date it was printed not the date of the visit to the property, they say that some of their bailiffs chose to pre print the documents.

              Can they do this? Surely if they are adding charges for a visit then the paperwork must clearly state when the visit took place?
              Not if they are going to use the preprinted and dated paperwork to claim a time and date they can't this could well be FRAUD. Did they say that over phone or have you an email containing this.

              Comment


              • #8
                Re: Help please! JBW Bailiffs Congestion Charge, Notice of attendance

                Originally posted by nomoremrniceguy View Post
                Update: They now claim that the date on the Notice of attendance is only the date it was printed not the date of the visit to the property, they say that some of their bailiffs chose to pre print the documents.

                Can they do this? Surely if they are adding charges for a visit then the paperwork must clearly state when the visit took place?
                All documents pertaining to levies and seizures MUST be produced and dated on the date and at the time they are made. What JBW have admitted to may not only amount to fraud, but forgery, also. It is known that, in one case, JBW were caught printing out warrants before Northampton TEC had authorised the local authority to issue a warrant.
                Life is a journey on which we all travel, sometimes together, but never alone.

                Comment


                • #9
                  Re: Help please! JBW Bailiffs Congestion Charge, Notice of attendance

                  Originally posted by bluebottle View Post
                  All documents pertaining to levies and seizures MUST be produced and dated on the date and at the time they are made.
                  That is really no more than common sense, a facility which those buggers plainly lack. How can they claim to have levied on goods that might not be found in the house?

                  Comment


                  • #10
                    Re: Help please! JBW Bailiffs Congestion Charge, Notice of attendance

                    Do you have a car and it is old or new or on finance?

                    You have said something about JBW getting some info from the DVLA in January. Can you explain a bit more. Did you change your details at DVLA and if you had, when was this done?

                    Comment


                    • #11
                      Re: Help please! JBW Bailiffs Congestion Charge, Notice of attendance

                      Originally posted by bizzybob View Post
                      Did they say that over phone or have you an email containing this.
                      They said this on the phone, today they claimed to have sent me the breakdown of costs by email today at 9am but there is nothing in my inbox or spam folder and the person who sent the email had left for the day so they said i will have to wait till tomorrow to get it re sent.

                      Comment


                      • #12
                        Re: Help please! JBW Bailiffs Congestion Charge, Notice of attendance

                        Originally posted by Milo View Post
                        Do you have a car and it is old or new or on finance?

                        You have said something about JBW getting some info from the DVLA in January. Can you explain a bit more. Did you change your details at DVLA and if you had, when was this done?
                        I have a car its not new and not on finance, JBW said they had the details from DVLA and were looking for my car on in their ANPR vehicle. No changes have been made to my DVLA details as far as i am aware

                        Comment


                        • #13
                          Re: Help please! JBW Bailiffs Congestion Charge, Notice of attendance

                          Thanks for all of your answers guys!

                          Comment


                          • #14
                            Re: Help please! JBW Bailiffs Congestion Charge, Notice of attendance

                            Do you still have the same car you "committed the offence" in? If so they will have your VRM already and will be actively looking for it.

                            Comment


                            • #15
                              Re: Help please! JBW Bailiffs Congestion Charge, Notice of attendance

                              Originally posted by ploddertom View Post
                              Do you still have the same car you "committed the offence" in? If so they will have your VRM already and will be actively looking for it.
                              yes still have the same car, i live about 10 miles from my mums address so maybe they are only looking in the immediate area, either that or ive just been lucky so far i suppose?

                              Comment

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