Never received a Notice of issue of a Warrant of Execution from JBW GROUP BAILIFF'S

[JACKSONVILLE]

Hi there, on the 26/03/2013 I received a hand delivered letter in my post box by JBW entitled "NOTICE OF ATTENDANCE", claiming that a bailiff came to my house to remove goods on that date i.e 26/03/2013 even though I was home all day and know one knocked on my door so that is clearly a lie. Secondly I never received a Notice of issue of a WARRANT OF EXECUTION which has to be sent to inform me that a warrant of execution has been issued on behalf of the London Borough of Barking and Dagenham.

What I did on that day was to see if I could bypass the bailiffs and pay LBBD directly, so I went on to their online PCN paying site and typed in all my detail and the system accepted my payment of £172 which was the original sum demanded in the order for recovery of unpaid penalty charge letter, I know I should have not done that so that is careless on my part but their system took my payment normally when your case has been referred to a bailiff company and you try to pay on a council's site the money,it does not accept it and tells you, your case has been referred to the bailiffs especially true for me when I have dealt with other London borough councils i.e Hackney, Westminster.

Anyway I than filled out a TE7 out of time statutory declaration form and a TE9 and emailed them to the Traffic Enforcement Center's, in the column that states your reason, I sated that I did not receive a notice of issue of a warrant of execution etc. I than rang JBW and told them that they did not send me a notice of issue of a warrant of execution letter which is normal procedure under the Article 3(3)The enforcement of Road Traffic Debts Order 1993, which normally gives you seven days to reply or the warrant will be executed meaning bailiffs wil come to your house to collect the outstanding debt, anyway they came up with some story about how they sent it on the 15th of march 2013 and there must have been something wrong with my post as they sent, I than asked them to send me a letter stipulating when and how they sent that letter and of course they refused to do so. So I rand the council and spoke to some guy called Charles Cobbianah who also said they sent me a notice of issue of warrant of execution letter in the post and again saying there must have a postal error which I find comical as I have dealt with JBW before and always got a notice of issue of a warrant of execution letter delivered to me so why did it not come this time than??. Anyway he confirmed to me that they had received my TE7 and TE9 requests from the Traffic Enforcement Center and where responding to them and could not give me my money back of £172 which I had paid them even though the debt had been passed on to the extortionate fee demanding JBW group until the outcome of the TE7 statutory declaration out of time is decided.

So I'm just wondering will I get my money back as the case was referred to the bailiffs who I tried to side track by paying the council as I was shocked their system was still accepting my money. I'm willing to pay the bailiffs but only for the notice of issue letter period , which I never received from them not these fees totaling £463.84 where they claim they came to my house even though I was in and left a letter demanding I pay £463.84 which included's a fee for attendance to levy and attendance to remove.

Any help will be gratefully welcomed.

[CleverClogs]

Re: Never received a Notice of issue of a Warrant of Execution from JBW GROUP BAILIFF

So I'm just wondering will I get my money back as the case was referred to the bailiffs who I tried to side track by paying the council as I was shocked their system was still accepting my money. I'm willing to pay the bailiffs but only for the notice of issue letter period , which I never received from them not these fees totaling £463.84 where they claim they came to my house even though I was in and left a letter demanding I pay £463.84 which included's a fee for attendance to levy and attendance to remove.

The fees are - predictably - excessive and may be fraudulent. The regulations (PDF link) specify that the fee to attend to levy distress may not exceed the fee to levy distress had the levy been made.

Moreover, the first visit from a bailiff is an invitation to pay, so any fee charged for "attendance to remove" is an up-front fee which may be unlawful.

[JACKSONVILLE]

Re: Never received a Notice of issue of a Warrant of Execution from JBW GROUP BAILIFF

Exactly and as I said they never sent me a notice of issue of a warrant of execution which they should which gives you seven days to pay the original debt plus letter fee of £11.20 plus VAT. I have dealt with JBW before and they always send you a letter which states they have been handed the case as a result of a warrant of execution having been granted by the Northampton county court on behalf of the Local Authority who in my case is The London Borough of London. (NOTICE OF ISSUE OF WARRANT OF EXECUTION).

I just want my money back from the council the £172 I paid which is the original debt on the order for recovery letter, and why in the hell would LBBD payment system accept my payment if my debt had been passed on to JBW. They have a flawed system as I have tried to pay other councils directly when I have received a Notice of issue of warrant execution from JBW before and their systems have always not accepted my payment.

[Fair-Parking]

Re: Never received a Notice of issue of a Warrant of Execution from JBW GROUP BAILIFF

Actually you have done the right thing by paying the council as section 10.20 of the Department of Transport Operational Guidance to Local authorities (Parking Enforcement and Policy) states 'A PCN is deemed 'paid' as soon as the payment arrives at any payment office belonging to the enforcement authority that issued the the PCN. Whether this is the parking payment office or another payment office, the enforcement authority should promptly close the case. An authority's systems should accurately record the day on which it receives payments so that no further enforcement action is taken'. In short they cannot refuse payment and cannot continue on with the enforcement. In this case LBBD acted correctly. Unless you apply to PATAS to appeal the ticket price of £172 (£110 plus 50% plus £7 registration fee is payable/

So it appears that possibly by more luck than judgment - you found one one of the few councils which understood the rules. Why didn't the other councils do the same? - Simple because their outsourced companies masquerading as 'the parking department' have probably never seen this document because the idiot councils who employ them probably never sent a copy to them or advised them of its existence.

Then there is the 'warrant'. Oh dear! Please forgive me if I say 'Oh no not again'. There is no warrant - 100%. LBBD doesn't prepare them. It merely uploads your details onto a computer and sends them off the either JBW or Newlyn
and assumes that they will do the rest.

This enforcement is thus finished. You have paid. Had there been a warrant then there would be £172 liability written on to it. I don't know why JBW quoted article 3 of the Enforcement of Road Traffic Debts Order 1993 (yes I do - they are ignorant) because it certainly doesn't say what you quoted JBW as telling you. Now if JBW had quoted fees due as outlined in the Enforcement of Road Traffic Debts (Certificated Bailiffs) Regulations 1993, they woukd have had some ground to stand on - but not much. This statute only allows bailiffs to ASK for fees - it doesn't give them the right to take them and it isn't binding on you.

As they do not have a court order for their fees (remember the warrant - had it existed - would only list the parking fees of £172 as being payable), it really doesn't matter how much JBW invent - the actual figure you owe is £0 plus a bottle of Irish whiskey for me.

Stand firm when JBW tries to bully some money out of you. Its over

[bluebottle]

Re: Never received a Notice of issue of a Warrant of Execution from JBW GROUP BAILIFF

Misrepresenting legislation can amount to a criminal offence under the Fraud Act 2006. In this case, JBW have tried to charge fees for work they have not done and are not entitled to receive or demand, under relevant legislation. That is Fraud by False Misrepresentation, contrary to Section 2, Fraud Act 2006.

What is laughable is that Jamie Waller, JBW's MD, claims JBW is an "ethical" bailiff company. The day JBW and its bailiffs act in an ethical manner is the day the public will start taking JBW seriously. There is too much evidence on the internet, including video evidence, showing JBW bailiffs acting ultra vires, including Jamie Waller and one of his bailiffs attempting to illegally force entry to someone's flat. JBW has cost local authorities large sums of money due to the unlawful/illegal actions and bungling of its bailiffs. Waller needs to get a grip on his employees, because Council Tax payers are waking up to what is going on and giving their elected representatives a hard time over it. Sooner or later, JBW is going to start losing contracts rather than winning them.