Parking fine paid

[sanj]

Hi,i had a parking fine which went up to £360,ive paid the fine and the amount which is left is the bailiff fee's.
Basically ive paid the council the fine ,the rest i owe is the bailiffs there fee's if i stop what can they do?
thanks..

[ostell]

Re: Parking fine paid

Was it a fine from a council or similar or a charge from a private parking company? Was the payment ordered by a court?

[sanj]

Re: Parking fine paid

It was a from the council for no right turn,
The council got the bailiffs involved they added there fee's,
The £180,which I owed the council has been paid,now what is left to pay is the bailiff fee.
I've paid my fine, what can bailiffs do if I refuse to pay them,beside's I don't owe the council anything now.

[bluebottle]

Re: Parking fine paid

Was the fine paid before or after the bailiffs became involved and which bailiff company is involved, please?

[sanj]

Re: Parking fine paid

No I was paying the bailiffs directly every 2 weeks,which I have now paid the fine,now it just there fee's left,cos I didn't pay they got the bailiffs involved with there fee added.
collect services LTD,
If I stop paying what can they do?...cheers

[bluebottle]

Re: Parking fine paid

All the bailiffs are entitled to receive are fees permitted by the Enforcement of Road Traffic Debts (Certificated Bailiffs) Regulations 1993-2003. If this was in London, the Enforcement of Road Traffic Debts (Certificated Bailiffs) Order 1993 also applies. Could you list the fees Collect Services are claiming, please?

[sanj]

Re: Parking fine paid

The fee's they are claiming when they visited my house,I didn't let them in they added a couple of hundred pounds which I feel is unfair?
What is the most they can charge on a visit?

[Fair-Parking]

Re: Parking fine paid

Bailiffs aren't entitled to any fees at all. The EoRTD(CB)R 1993 only allows bailiffs to ask for them. Its not binding on those they ask and they will not have court order for them.

By paying the council, para 10.20 of the DoT Operational Guide to Local Authorities (Parking Policy) has automatically closed this case regardless of what the bailiff thinks.

Probably won't stop him lying, bullying and generally acting unlawfully to save his commission.

[bizzybob]

Re: Parking fine paid

Bailiffs aren't entitled to any fees at all. The EoRTD(CB)R 1993 only allows bailiffs to ask for them. Its not binding on those they ask and they will not have court order for them.

By paying the council, para 10.20 of the DoT Operational Guide to Local Authorities (Parking Policy) has automatically closed this case regardless of what the bailiff thinks.

Probably won't stop him lying, bullying and generally acting unlawfully to save his commission.

Op had better send them a Cease and desist letter quoting the relevant legislation, otherwise they may even clamp the car.

[CleverClogs]

Re: Parking fine paid

Bailiffs aren't entitled to any fees at all. The EoRTD(CB)R 1993 only allows bailiffs to ask for them. Its not binding on those they ask and they will not have court order for them.

So you continually claim, but I've read those Regulations (link) and cannot find anything to suggest that the buggers' "fees" may not be recovered or enforced at the same time as the RTD.

As it is quite possible that I have missed it, I would be grateful if you could point out where this insistence on gentility occurs.

By paying the council, para 10.20 of the DoT Operational Guide to Local Authorities (Parking Policy) has automatically closed this case regardless of what the bailiff thinks.

I am sure that it does not mean what you think it means.

The guide is here ---> PDF link

By the way, do you live on the Isle of Man? See 10.66 of that Guide... msl:

[bluebottle]

Re: Parking fine paid

Hi,i had a parking fine which went up to £360,ive paid the fine and the amount which is left is the bailiff fee's.
Basically ive paid the council the fine ,the rest i owe is the bailiffs there fee's if i stop what can they do?
thanks..

Could you confirm if you paid the fine before the council involved bailiffs and the bailiffs sent you one of their standard threat-o-gram letters.

[CleverClogs]

Re: Parking fine paid

The fees they are claiming when they visited my house,I didn't let them in they added a couple of hundred pounds which I feel is unfair?

It is not only unfair - it may be quite unlawful.

What is the most they can charge on a visit?

Nothing!

See Schedule 1 of the Enforcement of Road Traffic Debts (Certificated Bailiffs) Regulations 1993 (link), as amended (link). You will see that no fee is payable for merely visiting but that a fee of 28% (plus VAT) would be payable for levying distress (paragraph 2) or for attempting to levy distress, "reasonable costs and charges" which are not to exceed 28% (plus VAT) = £97.

[Fair-Parking]

Re: Parking fine paid

The fees most certainly can be applied at the same time of enforcement, but they weren't in this case. Thus the bailiff left himself open to the charge (not fine - no 'fines' in decriminalised parking) being paid and the case being closed before he got his cut. Its certainly a lot easier to demand fees with authority at the point of enforcement. Bit like missing a boat because the bailiff was still sorting his paperwork out on the quay.
.

Also the legislation you quote is binding only on bailiffs. It is a regulation for bailiffs to obey. No other person is party to the proceedings.

As for para 10.20. I have downloaded it from your link. I thought that is what I said. The case is closed even if the LA has committed a faux pas and not realised that is what they achieved when they accepted all the money. Closure is automatic. There is nowhere else for the LA to go

10.20

A PCN is deemed ‘paid’ as soon as the payment arrives at anpayment office belonging to the enforcement authority that issued thePCN. Whether this is the parking payment office or another paymentoffice, 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.