Bailiffs advice

[Babylon65]

Hi
Hi everyone


I have discovered this website after receiving several visits from bailiffs over both a parking fine and a speeding fine both issued last year. Just point out that these were dealt with sort of in my absence due to an injury at work requiring several periods of hospitalisation including surgery and the resultant loss of most of the use of my left hand, I am on medication which unfortunately has a side affect of short term memory loss and confusion so have struggled sort of keeping up with everyday things and quite often put things down intending to do them but then forget! I am currently on half salary and struggling to make ends meet without all these bailiffs fees which seem quite extortionate. I am not sure how to deal with these people and the pressure that this is putting on my mental well being ( currently under the care of clinical psychologist) trying to come to terms with loss of use of hand.
Any help or advice would be most welcome. The parking fine was committed in Kirklees and the speeding in Sheffield both just prior to my injury and the baillifs are Rossendales.


Many thanks
Regards Russell

[Inca]

Re: Bailiffs advice

Hi and to LegalBeagles

[CleverClogs]

Re: Bailiffs advice

You would certainly be considered to be "vulnerable", so the ba:censored:rd bailiffs really ought not to be bothering you.

A letter from the psychologist confirming your condition and asking them to cease would be helpful.

How much was each penalty and how much do the buggers want for each?

[labman]

Re: Bailiffs advice

I totally agree with Clever Clogs that you should be treated as vulnerable - you need to let both Rossendales and the relevant councils know this and ask they call off the bailiffs. State in your letter / email that it can be backed up by a letter from the consultant if necessary - I'd name the consultant and give their address on the letter. I'd also copy in your MP to get them on side.

The next step is to work out what you can reasonably afford towards the fine (not the bailiff fees) and state that you are willing to pay £x.xx per week/month towards clearing the debt.

If you have further problems, please come back as it is rarely just a one step process to resolve these things. :beagle:

[bluebottle]

Re: Bailiffs advice

In addition to the case being heard in your absence, were you sent a summons and were your means examined?

[Babylon65]

Re: Bailiffs advice

Hi and thanks to everyone for your quick and informative replies, as to the fines the speeding was £200 and is now £520 withe fees and the pcn was £105 with council penalties for not paying within a set period but is now £178.43 with bailiff fees!! For 2 visits( the 1st was £125.44) it doesn't break down on the warrant how much is the outstanding fine or baillifs fees. I spoke to my consultant today who is more than happy to provide a letter with his concerns about my mental well being and how this extra stress really is not helping. I must admit I was fully aware of the initial speeding offence but unaware of court date although I have found today the councils final demand for the speeding fine of £200!!! It was still sealed in the envelope. At no point has anybody requested a any info about my means.
PI am more than willing to pay the fines for the offences I have committed but find these baillifs fees crippling and more than doubling the initial fine and to be honest I do not really have any idea when or for what the pcn is from just that it is a parking fine in Kirklees. I really appreciate all your help and info with this but I am struggling to work out how to deal with it. This is my girlfriends house I am being visited at and whilst she has been really supportive and understanding has really taken offence that I have caused the baillifs to be calling.

[CleverClogs]

Re: Bailiffs advice

as to the fines the speeding was £200 and is now £520 with the fees

That alone looks like overcharging.

and the pcn was £105 with council penalties for not paying within a set period but is now £178.43 with bailiff fees!! For 2 visits( the 1st was £125.44) it doesn't break down on the warrant how much is the outstanding fine or bailiffs fees.

That will be because Rossendales have not left you with a genuine warrant but their "Let's Pretend This Is A Warrant" document on their own, headed paper.

This is my girlfriends house I am being visited at and whilst she has been really supportive and understanding has really taken offence that I have caused the bailiffs to be calling.

Is that your usual place of residence?

You should reassure her - no matter how nasty the bailiffs might get, they cannot lawfully seize any of her shoes. msl:

[ploddertom]

Re: Bailiffs advice

You have 2 different issues here and should have a separate thread for each. Parking can be treated as civil debt whereas speeding will have been passed through the Magistrates Court as criminal offence. Can I therefore suggest you leave this thread to deal with Parking and start a new one for speeding. It would be good to have a comprehensive history of both so we can see where advice and help is needed.

[bluebottle]

Re: Bailiffs advice

Where a magistrates court fine is concerned, a recent judicial review - R -v- South Western Magistrates (on the application of Purnell) - confirmed that a fine cannot be imposed or enforced if a person's means have not been examined by the court. If this is what has happened in your case, you may need to contact the court about a means hearing. Some courts will refuse this. Strictly speaking, they shouldn't do this.

[labman]

Re: Bailiffs advice

You have 2 different issues here and should have a separate thread for each. Parking can be treated as civil debt whereas speeding will have been passed through the Magistrates Court as criminal offence. Can I therefore suggest you leave this thread to deal with Parking and start a new one for speeding. It would be good to have a comprehensive history of both so we can see where advice and help is needed.

I agree. It would be useful to start a new thread for the speeding fine - if you post up, admin will sort this for you I'm sure. You'd need to link to this thread though, as Bluebottle's point about means testing is very pertinent for both fines, so they need to remain associated to some extent.