Part Paid Penalty Charge Notice passed to Bailiffs (Bristow and Sutor)

[R15CJT]

I received a notice to owner from the council back end of 2012 in relation to a parking ticket I was unaware off. Once received I paid 50% of the ticket as it was all I could afford due to financial constraints. I also sent a letter to the council explaining my circumstances to which I just got a letter back saying you still owe the outstanding and it had also now been increased. I could not afford it and so I decided to ignore it (not the best thing to do but I had little option). Some months later I received a letter form Bristow and Sutor again I ignored due to my circumstances. Due to my circumstances I had to leave my registered address with the DVLA and have just received a letter from Bristow and sutor requesting payment of 417.44 original fine 50.00. I have contacted them and requested a breakdown of the costs and explained that I am no longer at that address. The breakdown consists of the following charges: Letter fee 25/3/13 £13.44 / A.T.L Fee (First Visit) 8/4/13 £33.60 / A.T.R Costs (Second Visit) 21/5/13 £108.00 / A.T.L Fee (Second Visit) 21/5/13 £33.60 / A.T.R Costs (Third Visit) 17/6/13 £108.00 / A.T.L Fee (Third Visit) 17/6/13 £70.80. Ive had two conversations with two people now and they both told me different things one said they had made 6 visits to the property one three and one said the debt would now be passed back to the council and the other said they may send bailiffs out again and you may incur more costs. I am still struggling financially and can not afford the charges. I really do not know what to do moving forward they have offered a payment plan but still I can not afford it I feel as though the council have been very unfair in relation to my original letter back in 2012 and the costs incurred seem excessive. Any help would be much appreciated.

[CleverClogs]

Re: Part Paid Penalty Charge Notice passed to Bailiffs (Bristow and Sutor)

First of all, read the notes on Parking Penalties and what the buggers are lawfully allowed to charge - link

Did the bailiffs from Bristols & Hooters actually levy distress on anything?

Which council is it?

[bluebottle]

Re: Part Paid Penalty Charge Notice passed to Bailiffs (Bristow and Sutor)

With regards to Attend to Remove fees, the general rule is "No valid or lawful levy means no removal of goods and no removal fee(s) can be charged". It is also unlawful to charge Attend to Levy and Attend to Remove fees on the same visit as a debtor must be given a reasonable opportunity to pay, usually, five days from date of seizure. B & S know this and, therefore, they have no excuse and cannot claim they were unaware or did not know. It's an excuse that has been overused and is wearing very thin.

[labman]

Re: Part Paid Penalty Charge Notice passed to Bailiffs (Bristow and Sutor)

The bailiffs are only allowed to charge for three visits regardless of how many times they come out. You say the original fine was £50, was this at the discounted rate, or was this the full amount of the fine?

Can you confirm no levy has been made please.

[R15CJT]

Re: Part Paid Penalty Charge Notice passed to Bailiffs (Bristow and Sutor)

Original fine was £50 I paid £25 I never received any correspondence from the bailiff in between the original letter and the last letter nearly 4 months on! I have not been at the address they have registered for 10 months so when the bailif visited he would have potentially spoken to the new occupiers or possibly not as the house was gated. The council is Cheshire east. I'm not sure exactly what you mean by no levy but as I was not at the address my vehicle was not at the property. How should I proceed? Many thanks in advance for your help

[bluebottle]

Re: Part Paid Penalty Charge Notice passed to Bailiffs (Bristow and Sutor)

Original fine was £50 I paid £25 I never received any correspondence from the bailiff in between the original letter and the last letter nearly 4 months on! I have not been at the address they have registered for 10 months so when the bailif visited he would have potentially spoken to the new occupiers or possibly not as the house was gated. The council is Cheshire east. I'm not sure exactly what you mean by no levy but as I was not at the address my vehicle was not at the property. How should I proceed? Many thanks in advance for your help

If B & S have not obtained a valid and lawful levy on any of your goods, they cannot legally remove them and, accordingly, cannot charge removal fees either. Trying to charge them, hoping you'll be none the wiser, is skating on thin ice, legally. Trying to charge them and asserting they are entitled to charge them is seriously playing with fire, in the legal sense. Attempting to levy on or seize goods for unlawful fees is illegal and puts B & S in danger of being burned.

[bizzybob]

Re: Part Paid Penalty Charge Notice passed to Bailiffs (Bristow and Sutor)

No levy, no ATR, no removal fees no levy fees, Busted and Stupid are getting very silly.

[R15CJT]

Re: Part Paid Penalty Charge Notice passed to Bailiffs (Bristow and Sutor)

I must apologise I may have mislead you with my original post when I paid the reduced 50% I was outside of the allowed time to pay the reduced payment as I was not aware of the ticket until I received the Notice to Owner in the post. Sorry I did not mention this in the first post I think this may change the situation.

[bizzybob]

Re: Part Paid Penalty Charge Notice passed to Bailiffs (Bristow and Sutor)

I must apologise I may have mislead you with my original post when I paid the reduced 50% I was outside of the allowed time to pay the reduced payment as I was not aware of the ticket until I received the Notice to Owner in the post. Sorry I did not mention this in the first post I think this may change the situation.

Won't make any difference if the bailiff has no levy, and is charging outrageous and maybe unlawful fees

[R15CJT]

Re: Part Paid Penalty Charge Notice passed to Bailiffs (Bristow and Sutor)

Apologies for sounding stupid but could you explain what you mean by the bailiff not having a levy?

[bizzybob]

Re: Part Paid Penalty Charge Notice passed to Bailiffs (Bristow and Sutor)

Has the bailiff ever been in your home and listed goods "as security"? Has he left a notice of Seizure listing a motor car? that is a levy. If he has not done this then many of the fees they are asking for may well be unlawful.

[R15CJT]

Re: Part Paid Penalty Charge Notice passed to Bailiffs (Bristow and Sutor)

Thank you for explaining no as I was not at the address nothing has ever been issues please could you advise how to approach b & s moving forward. I said I would come back to them once I had received the statement. Thanks in advance

[labman]

Re: Part Paid Penalty Charge Notice passed to Bailiffs (Bristow and Sutor)

Thank you for explaining no as I was not at the address nothing has ever been issues please could you advise how to approach b & s moving forward. I said I would come back to them once I had received the statement. Thanks in advance

I wouldn't go back to them. I'd go back to the Council who issued it and ask their Head of Revenues if the bailiff fees are lawful.

Letter 4 here:

http://www.legalbeagles.info/forums/...Useful-Letters

can be amended using the legislation from here:

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

If he condones the fees, you have a strong case to get the debt recalled to the council and a mutually agreeable repayment plan put into place. Meanwhile, write to the bailiff company telling them you are disputing this with the council and asking for enforcement action to be suspended until the council have responded.

[bizzybob]

Re: Part Paid Penalty Charge Notice passed to Bailiffs (Bristow and Sutor)

If Busted and Stupid carry on with their usual MO, spurious levy at old address on new occupiers goods and demand you pay the unlawful fees, you have their yarbles in a vice, andd as per Labman will be able to use the complaints procedure to ruin their day/week/month