New member - Should I just pay bailiff? Please help!

[Mook]

Hi everyone,

I had a bailiff letter through my door today saying he had come to my property with a van and a team to remove my vehicle for a parking fine. The letter says that I owe the bailiff company an extra £108.00 on top of an previous attendance fee for £32.00 (which I got), a letter for £11.00 (ish, which I didn't receive) and the original £80 parking fine. I know its a poor excuse but I was going to sort it out, I've just been planning my wedding and honeymoon in a v short space of time, and it kinda escaped me!

Anyway, does this fee sound about right for coming to the property with a van?

Also, I'm also a community health work who needs my car for work (I drive round people's houses all day) - can this stop them from clamping or removing the vehicle?

Any help will be greatly appreciated - I just want it sorted quickly and will pay it all (237 quid, that is) if that's whats required!

Thanks x

[MissFM]

Re: New member - Should I just pay bailiff? Please help!

Hello Mook and a warm welcome to Legal Beagles!

Someone knowledgeable will be along soon to help you.

[labman]

Re: New member - Should I just pay bailiff? Please help!

Assuming it is a Penalty Charge Notice you've been issued with, you'll find all the information you need here:

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

The fees appear to be too high to me. You can see what there allowed to charge in the link above. There is a letter you can send to get a breakdown of the bailiff fees - there is a link to that in the link above as well.

Give it a read, and come back with any further questions.

:beagle:

[bluebottle]

Re: New member - Should I just pay bailiff? Please help!

I note you are a community health worker who uses their car in connection with their employment/vocation. As such, the bailiffs should not attempt to levy on or remove it as they are not permitted to take any vehicle used in connection with a debtor's employment, business or vocation. However, certificated bailiffs being certificated bailiffs will lie and say they can and that it doesn't make any difference. Don't believe any BS they spout. Just as a matter of interest, which bailiff company is involved, please?

[bizzybob]

Re: New member - Should I just pay bailiff? Please help!

The bailiff will argue that the debtor can use public transport, but that wouldn't hold water in Op's case and would be on very dodgy ground if they clamped or removed the vehicle rendering the Op unable to work and therefore pay the debt.

[Sir Vere Brayne d'Emmidge]

Re: New member - Should I just pay bailiff? Please help!

It could well be that the £108 is an Attendance To Remove fee, £90 + VAT.

As far as the car goes, unless the OP can prove that it would be virtually impossible for them to use public transport to perform their duties then it is removable. A letter from their Employer would help.

[bizzybob]

Re: New member - Should I just pay bailiff? Please help!

It could well be that the £108 is an Attendance To Remove fee, £90 + VAT.

As far as the car goes, unless the OP can prove that it would be virtually impossible for them to use public transport to perform their duties then it is removable. A letter from their Employer would help.

In which case the bailiff had better have a receipt from a car recovery company, for the correct vehicle to justify the fee if they were coming to take a car, Oops no did they turn up in a Berlingo or a Bipper with a tow rope.

[labman]

Re: New member - Should I just pay bailiff? Please help!

In which case the bailiff had better have a receipt from a car recovery company, for the correct vehicle to justify the fee if they were coming to take a car, Oops no did they turn up in a Berlingo or a Bipper with a tow rope.

Spot on! Well said - that is the argument that is too often forgotten. :tea:

[bluebottle]

Re: New member - Should I just pay bailiff? Please help!

Agreed, Sir Vere. However, you cannot anticipate how foolish some certificated bailiffs can be and decide to ignore such letters.

[Sir Vere Brayne d'Emmidge]

Re: New member - Should I just pay bailiff? Please help!

In which case the bailiff had better have a receipt from a car recovery company, for the correct vehicle to justify the fee if they were coming to take a car, Oops no did they turn up in a Berlingo or a Bipper with a tow rope.

I am afraid that argument isn't really water tight, an attendance to remove does not apply specifically to vehicles, and it's one of those (unfortunately agreed) fees that, depending on the issuing Authority, is charged on the second visit, and in some cases, like most of London Borough Councils and TFL (of late) is applied on the first visit.

[CleverClogs]

Re: New member - Should I just pay bailiff? Please help!

I am afraid that argument isn't really water tight, an attendance to remove does not apply specifically to vehicles, and it's one of those (unfortunately agreed) fees that, depending on the issuing Authority, is charged on the second visit, and in some cases, like most of London Borough Councils and TFL (of late) is applied on the first visit.

What proportion of the bailiffs' fees do those authorities receive?

[ploddertom]

Re: New member - Should I just pay bailiff? Please help!

What proportion of the bailiffs' fees do those authorities receive?

Approx 8%/10% and apparently is in their contract.

[CleverClogs]

Re: New member - Should I just pay bailiff? Please help!

Any idea why they've not (yet) been prosecuted for the offences I mentioned yesterday?

[labman]

Re: New member - Should I just pay bailiff? Please help!

Any idea why they've not (yet) been prosecuted for the offences I mentioned yesterday?

For the reasons I gave earlier today!

[CleverClogs]

Re: New member - Should I just pay bailiff? Please help!

True, such prosecutions may only be started by the Attorney General - but that rather leaves the question of why the Attorney General seems to condone corruption.