Hello - I'm Here to Sort out Bristow and Sutor Bailiffs

[bizzybob]

Re: Hello - I'm Here to Sort out Bristow and Sutor Bailiffs

I feel the breakdown would be the means by which the bailiffs hang themselves, so it is essential to get it.

[smonk]

Re: Hello - I'm Here to Sort out Bristow and Sutor Bailiffs

I am in the same position. They have been twice in my absence and purported to levy my car and then left ( abandoned levy?) I rang them up to discuss paying the fees I consider to be correct amount according to the statute and they refused and said they would send another van AND ADD ANOTHER FEE!.I will send them the letter asking for the full breakdown in fees.what can I do next. I have no proof that the warrant is for this house as the car was registered elswehre at my former marital home ( ex got the ticket and didn't pay!)

[labman]

Re: Hello - I'm Here to Sort out Bristow and Sutor Bailiffs

I am in the same position. They have been twice in my absence and purported to levy my car and then left ( abandoned levy?) I rang them up to discuss paying the fees I consider to be correct amount according to the statute and they refused and said they would send another van AND ADD ANOTHER FEE!.I will send them the letter asking for the full breakdown in fees.what can I do next. I have no proof that the warrant is for this house as the car was registered elswehre at my former marital home ( ex got the ticket and didn't pay!)

You can't levy the same item twice, so certainly they must have considered the first levy as abandoned. Did they not leave paperwork?

Re the fees, all you can do is wait. I'd be inclined to email the Head of Revenues or Head of Parking at the council and tell them you have tried paying, but payment has been refused. Back it up with a recorded delivery letter as proof.

Have you read this?

http://www.legalbeagles.info/forums/...rking-Offences

[smonk]

Re: Hello - I'm Here to Sort out Bristow and Sutor Bailiffs

I have read that thanks. I applied to make a stat deck out of time but have been told by the bailiffs and now by the council parking department that it was refused and I would have been written to by the TEC. I have not received a letter The TEC say the parking ticket number is not vaild so they cannot discuss the case with me. I am at the stage where the baliffs are threatening a third visit . For the first they left a notice seizure of goods- a car that is out of tax and I have been meaning to sell valued at about £600 at best. ( I don't care if they take it if that would settle the debt but I suspect they would just add further charges on!) The second a notice that a removal team had attended with a schedule of charges amounting to £228. The figure is now £690 - it would have been less if I had known the appeal was rejected and could have paid at that stage but having not been informed I could not! I telephoned them to say your charges are excessive I will pay what is reasonable and they refused. I made a compliant about the charges to the council who have just replied- not our problem talk to the bailiffs! I have just printed off the letter demanding a summary of their charges to send when I dare leave the house as Bristow and Sutor appear to have no email address. I did mention my offer to pay the bailiffs to the council but by the speed of their reply I guess they didn't read that bit. My guess is they will turn up again today and either take the car or charge me another 228 quid. The car is parked on private land down a farm track however behind a closed gate. They would have to enter my yard to take things.

[smonk]

Re: Hello - I'm Here to Sort out Bristow and Sutor Bailiffs

Oh and I have sent the Councils emails telling me the appeal refused to the TEC to ask them how they can say it doesn't exist and can I have a local court hearing please. Tempted to pay to make the angst go away but can't bring myself to let them win!

[labman]

Re: Hello - I'm Here to Sort out Bristow and Sutor Bailiffs

Oh and I have sent the Councils emails telling me the appeal refused to the TEC to ask them how they can say it doesn't exist and can I have a local court hearing please. Tempted to pay to make the angst go away but can't bring myself to let them win!

It begs a lot of questions doesn't it. If they attended to remove, with a valid levy in place and charged you £228 for it, why did they not remove the levied vehicle? That seems odd.

Re the Stat Dec, read this:



If you were previously unaware of the PCN, you should file the Statutory Declaration Form within 36 days. After the 36 day period, the Local Authority can apply for a warrant and bailiffs may be instructed.

The Statutory Declaration is an oath stating that an earlier part of the enforcement process which should have happened, did not. Having a Statutory Declaration accepted does not cancel the PCN, though it does reduce the fine by 50% again. The matter will be referred back to the Local Authority to decide what action they wish to take next.

Ultimately, if the PCN still remains unpaid, then the Local Authority is likely to apply to the TEC for authorisation to enforce the registration of the debt through a Warrant of Execution. The TEC only gives the Local Authority the authority to issue a Warrant of Execution. The LA draws the warrant and employs a certificated bailiff to enforce as they would, for example, for Council Tax. The remit for certificated bailiffs thus applies. Once this has happened you need to file a Statutory Declaration, Out of Time (see below):
The respondent must send to the Centre –
(1) a completed application notice (form PE 2 may be used for applications relating to statutory declarations and form TE 7 may be used for applications relating to witness statements); and
(2) a completed –
(a) statutory declaration in form PE 3; or
(b) witness statement in form TE 9.
(Forms PE 2, PE 3, TE 7 and TE 9 can be obtained from the Centre at Northampton County Court, Bulk Centre, 21/27 St. Katharine's Street, Northampton NN1 2LH. (Telephone number: 08457 045007))

If you file a Statutory Declaration, Out of Time, you should tell the bailiff and provide them with evidence. On receiving an acceptable application, the TEC will notify the Local Authority concerned, and give them 19 working days to either accept or reject the application.

If accepted, the application will be treated as ‘in time’ and the Court registration will be revoked. The matter is then referred back to the Local Authority who will decide on their next action. If rejected, the application will be referred to a Court Officer at the TEC for an impartial decision to be made.

Lots of questions are answered HERE.


If you still have questions, post up again.