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In April last year I returned to my car to find that I had been given a parking ticket. This was a bit odd because the ticket was for not displaying a ticket and there large as life on my dashboard in plain sight was the ticket I had purchased. I photographed this and immediately appealed the ticket. The Council wrote back and said that the photographic evidence was not enclosed and so I sent a copy of the photograph to them. A month later they wrote again and said that they had not received the photograph and so I sent another copy.
I heard nothing further from anyone about this. I did not even think about it. I worked on the assumption that Council had accepted the evidence and that was the end of the matter.
On the morning of 22nd January 2014 I got up very early because I had to do some work that needed emailing before 9am. At about 9.30 or so I went through the hallway and noticed that the post had arrived. When I examined what had been delivered I discovered that one letter was from a bailiff telling me that he had clamped my car. I contacted him and he told me that he had called at my house on 21st January 2014 at 11.30am.
This was a bit odd because although I personally was not in, an independent witness was there at the relevant time. He is a workman who was doing some work for me and at most was within 4 yards of the door throughout. I asked him if anyone knocked and he told me that the answer was no. In other words I dispute whether the visit on 21st January took place.
In any event this left me with my car clamped. I told the bailiff that the penalty charge should not have been imposed and he told me to speak to the Council. I did this and was told that I needed to contact Northampton County Court. I duly did so and was told that provided I completed TE7 & 9 and these were accepted then enforcement would cease until a decision had been made whether I could appeal out of time. I sent the forms off and Northampton then emailed the Council and told them to stop enforcement. Only once this had been done did I discover that if your car has been clamped, although enforcement is halted, this will not result in the removal of the clamp.
The only way to get the clamp off the car is to pay the bailiff.
The note that he had put through the door demanded £382.
I am confident that this figure is excessive.
The original fine was £50 and thus the base figure for any calculations is £75. To this I need to add £7 court fee. I have not received a letter from the bailiff's company but do know that the firm is entitled to charge £11.20 for a letter informing me that a warrant has been issued. As the figure claimed is exactly £382 and not £382.20 I can only presume that no claim is being made for a letter. If they were charging for a letter then the figure claimed would not simply be a flat figure of £382.
I contacted the bailiff and queried his fees. He told me that unless I paid then the clamp would not be removed. He simply would not give figures. I contacted the office today and was told that the fine plus court fee was £82 in total. That figure I agree with. That of course leaves a balance of £300. The lady I spoke to told me that the fees were £250 and VAT was £50. She could not tell me how the £250 was made up. She told me to ring the bailiff. Despite my telling her that I had asked him on 22nd January for a breakdown and he had simply refused to give me figures she insisted that I must ask him. I called him several times but he does not answer his phone. I have therefore called back and now been told that I must send an email to them. I have done this and await a reply.
If I calculate the fees on the basis that two visits were made (giving the bailiff an enormous benefit of the doubt) I think that the calculations are as follows:
£75 + £7 + £28 + £28.84 ((£75+ £28) x 28%) =£138.84 - to this I need to add VAT at 20% on £56.84 - £11.38 giving a grand total of £150.22
If I calculate the fees on the basis that only one visit was made then the figures are as follows:
£75 + £7 + £28 = £110 plus VAT at 20% on £28 - £5.60 = £115.60
So on my calculations I have been over charged £231.78 on the best case scenario for the bailiff or £266.40 on the worst case scenario for him.
Or, am I missing something.
I heard nothing further from anyone about this. I did not even think about it. I worked on the assumption that Council had accepted the evidence and that was the end of the matter.
On the morning of 22nd January 2014 I got up very early because I had to do some work that needed emailing before 9am. At about 9.30 or so I went through the hallway and noticed that the post had arrived. When I examined what had been delivered I discovered that one letter was from a bailiff telling me that he had clamped my car. I contacted him and he told me that he had called at my house on 21st January 2014 at 11.30am.
This was a bit odd because although I personally was not in, an independent witness was there at the relevant time. He is a workman who was doing some work for me and at most was within 4 yards of the door throughout. I asked him if anyone knocked and he told me that the answer was no. In other words I dispute whether the visit on 21st January took place.
In any event this left me with my car clamped. I told the bailiff that the penalty charge should not have been imposed and he told me to speak to the Council. I did this and was told that I needed to contact Northampton County Court. I duly did so and was told that provided I completed TE7 & 9 and these were accepted then enforcement would cease until a decision had been made whether I could appeal out of time. I sent the forms off and Northampton then emailed the Council and told them to stop enforcement. Only once this had been done did I discover that if your car has been clamped, although enforcement is halted, this will not result in the removal of the clamp.
The only way to get the clamp off the car is to pay the bailiff.
The note that he had put through the door demanded £382.
I am confident that this figure is excessive.
The original fine was £50 and thus the base figure for any calculations is £75. To this I need to add £7 court fee. I have not received a letter from the bailiff's company but do know that the firm is entitled to charge £11.20 for a letter informing me that a warrant has been issued. As the figure claimed is exactly £382 and not £382.20 I can only presume that no claim is being made for a letter. If they were charging for a letter then the figure claimed would not simply be a flat figure of £382.
I contacted the bailiff and queried his fees. He told me that unless I paid then the clamp would not be removed. He simply would not give figures. I contacted the office today and was told that the fine plus court fee was £82 in total. That figure I agree with. That of course leaves a balance of £300. The lady I spoke to told me that the fees were £250 and VAT was £50. She could not tell me how the £250 was made up. She told me to ring the bailiff. Despite my telling her that I had asked him on 22nd January for a breakdown and he had simply refused to give me figures she insisted that I must ask him. I called him several times but he does not answer his phone. I have therefore called back and now been told that I must send an email to them. I have done this and await a reply.
If I calculate the fees on the basis that two visits were made (giving the bailiff an enormous benefit of the doubt) I think that the calculations are as follows:
£75 + £7 + £28 + £28.84 ((£75+ £28) x 28%) =£138.84 - to this I need to add VAT at 20% on £56.84 - £11.38 giving a grand total of £150.22
If I calculate the fees on the basis that only one visit was made then the figures are as follows:
£75 + £7 + £28 = £110 plus VAT at 20% on £28 - £5.60 = £115.60
So on my calculations I have been over charged £231.78 on the best case scenario for the bailiff or £266.40 on the worst case scenario for him.
Or, am I missing something.
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