Bailiffs collect services PCN

[DrWise]

Hi there,

A brief description

My car got clamped yesterday (for an unpaid parking ticket) - Monday 21st - I had not received any warning letters from the council about the fine, but I did receive a letter from the baliff (collect services) on 2nd january, which once I got i appealed (council) as it had the pcn number on there. I was hoping the appeal would come, but it didnt and 2 guys came and clamped my car

There was no prior visit from the balliffs just a notice stating i owed money, which was on the table when i got home on 2nd january, and than yesterday they just turned up, clamped the car and demanded that I pay 519.04 plus 2.50£ debit card fee and 3.80£ credit card fee otherwise he said he would "get the car towed in 10 minutes". and would have added £284 more on the charge. they than even went back to their van and checking my house etc, even came up to the window prior and looking in at what was going on. question 1) is are they allowed to charge the fees they did, there was no breakdown on the form they gave me, it also gave me a loss of earnings as i had to miss work, and 2) would i be able to do a chargeback and if so, how? and is there any other information i would need 3) how would i do a formal complaint at the council

thank you so much in advance

[ploddertom]

Re: Bailiffs collect services PCN

Who did you appeal to? What was the result or if not heard have you chased it up? Fees look wrong but have you asked for a breakdown?

[CleverClogs]

Re: Bailiffs collect services PCN

3) how would i do a formal complaint at the council

Which council is it?

[DrWise]

Re: Bailiffs collect services PCN

appealed to council once i received the notice from bailiff saying there was a pcn needing paying
which i wasn't aware of until earlier this month,

and its ealing council

and also the bailiff wouldnt give me a breakdown of fees when asked

[ploddertom]

Re: Bailiffs collect services PCN

Appealing to the Council once you hear from the Bailiff is too late I'm afraid. Did you know about the original ticket? What grounds do you think you have for appeal? Send off for a breakdown of their fees using Letter 1 from http://www.legalbeagles.info/forums/...Useful-Letters - best sent initially by email followed by a copy in the post.

[CleverClogs]

Re: Bailiffs collect services PCN

The CEO of Ealing Borough Council is Mr Martin Smith, Tel: 020 8825 7089, email smithm@ealing.gov.uk; chiefexecutive@ealing.gov.uk

[DrWise]

Re: Bailiffs collect services PCN

what grounds well quite a few

ie No nto received
first i got wind of this was a hand delivered bailiff letter 2nd january
clamping the car
overcharging fees
charging for clamp
using scare tactics
charges to use a card to pay
mentally stressing me out

[DrWise]

Re: Bailiffs collect services PCN

what could i write to the ceo :doggieyes:

[CleverClogs]

Re: Bailiffs collect services PCN

what could i write to the ceo

At this stage, nothing unless the bailiffs refuse to provide a breakdown of their fees.

If you do get a breakdown of their fees, please scan or photograph it, remove your personal data from the image, upload it to http://www.postimage.org and use the "insert image" tool to post it up here. We'll then be able to advise which fees are unlawful and which should therefore be repaid.

[DrWise]

Re: Bailiffs collect services PCN

no worries ill do that now thanks in advance

[DrWise]

Re: Bailiffs collect services PCN

thanks the letter for breakdown of fees, has been posted and emailed

[ploddertom]

Re: Bailiffs collect services PCN

what grounds well quite a few

ie No nto received - is this because you have moved since the ticket was issued? Have you applied to the TEC for an Out of time?
first i got wind of this was a hand delivered bailiff letter 2nd january - not uncommon
clamping the car - POFA excludes Bailiffs
overcharging fees - have you proved what fees they have overcharged on and have you challenged them?
charging for clamp - please explain
using scare tactics - ?
charges to use a card to pay - have you challenged them on this, what law, rule or regulation did you use?
mentally stressing me out - ?

I'm sorry for appearing heartless but you need to be able to explain the reasoning behind each point otherwise it has no relevance.

[CleverClogs]

Re: Bailiffs collect services PCN

demanded that I pay 519.04 plus 2.50£ debit card fee and 3.80£ credit card fee otherwise he said he would "get the car towed in 10 minutes"

Fees look wrong but have you asked for a breakdown?

Even if a credit card fee or a debit card fee could lawfully be applied under the regulations - which they are not - it would be difficult to understand why both should be applied on the same transaction. One must therefore ask which was used, or were both used?

It is also difficult to understand how one parking penalty could balloon to £519.04 unless the bailiffs had added in the date.

[DrWise]

Re: Bailiffs collect services PCN

fees that can be charged

• Original PCN = £120

• If paid within 14 days - £60

• If applicable - Charge Certificate - increases the full PCN by 50% - add £60 total PCN is now £180

• Court Fee - add £5 - Execution Warrant amount now payable - £185

• Bailiffs statutory letter fee £11.20 + VAT total £13.44 (assuming you received one). Total now payable at letter stage is £198.44

[DrWise]

Re: Bailiffs collect services PCN

form n1 completed
form te9/te7 completed
council letter written
letter to bailiffs emailed and posted
small courts track implemented