Bristow and sutor and PCNs

[debbieg14]

Hi
can anyone help me?
I have been very silly, i was very ill last year after an horrid marriage breakdown. I had sever depression, was not far off being carted off to hospital. I was on so many tablets (blimey i should not of been driving anyway), in this time i bulit up several parking tickets with both warwick and wychavon district council. I ignored notices, letters, warnings etc,
I had bailiff attend but have never answered door and to be honest i think i have only once been home when they called.
I know have about £1700 of debt wtih them for 6 pcns. its bristow and sutor. I have written to them, called them etc. They say they have put a levy on my car but it is on Hp.
Now i have so much debt and step change direct are helping me so much. I have offered £58 a month to b&S but they want £350. there is no way i have that.
I have so many charges on one PCn its now £850 !! that includes 2 van charges on a car they cant take!! multiple charges for the visits on all 6 fines too.
I dont know wwhat to do, i am afraid i will lose my home if i pay bailiffs as i also have an eveiction notice on this. I have offered them as much as i can afford once i have paid off some court fines (more stupidity when i was ill).
What can i do?? i paid £75 last month and sent another letter but no reply . i have called ut they say only way i can sort it out is letting bailiff in my house and setting up a plan??
Thanks

[bizzybob]

Re: Bristow and sutor and PCNs

Hi and welcome to Legal Beagles debbieg14 The car is on HP so they can't have that, now a few questions to help Beagles offer best advice for your situation.,

When did they call first was it after April 6th?

Are youi still undewr the doctor and on meds for the depression? This is important as if you are you may well be vulnerable under the National Standards If so send proof to council and Busted & Stupid, who are a bone header crew at the best of times.


You do not have to let them in whatever they say to make an arrangement. In fact it would be a very bad idea to do so, they are being obstructive and demanding payments you cannot afford so a Formal complaint should be sent to Parking Manager at the council copied to B & S the council CEO, and your local member and MP

In fact contach your local councillor today and ask them to investigate.

Have you had a breakdown of all fees, if not send Letter to B & S from here

http://www.legalbeagles.info/forums/...or-a-Breakdown

Other Beagles will be along soon so try not to stress help is at hand.

[debbieg14]

Re: Bristow and sutor and PCNs

Hi and thanks for quick reply.
firstly I am no longer under the dr for depression and came off mu tablets just after Christmas this year.
The issue with B&s has been going on since August last year,
I have got breakdowns of fees here, thats how i know about the van charges. I have written once again and told them that my car is on HP nd i have had no reply in over 3 weeks.
I have contatced the councils parking today by email and been told by warwick they can do no more to help me.
How do i write a formal complaint letter??

The thing thats so annoying is I know I have these parking tickts, i want to pay them off. but the fees are ridiculous and there not accepting my offer is doing my head in!!
as i say i paid £75 last month, more than step change put on my very tight budget because I did a couple of hours overtime. But truely cant do anymore.
I dread my pay day coming round this time because I know I cannot pay £350 without not paying my rent in full.

[Wombats]

Re: Bristow and sutor and PCNs

Bear with us on this one. It is clearly a very complex and involved situation, StepChange would have offered you some advice regarding this I think?

I will contact someone who should be able to outline any options you may have, but please don't expect the reply to be instant as I know they are very busy. :beagle:

[debbieg14]

Re: Bristow and sutor and PCNs

Step change have just told me to make them the offer of £58 a month, i have called them again but not sure as I have so much other stuff, I get a bit bogged down. If you could help that would be great. To be fair they have help lift so much off my mind so I am very happy with them. If i could only sort this issue out that would be even better.
I know I am going to be on a tight budget for a while but i just want to get myself debt free .

[Wombats]

Re: Bristow and sutor and PCNs

Yes, StepChange can be very good - I'm glad you're getting help with the debt side. I know how stressful bailiffs can be, I've had first hand experience of them enforcing four different LO's against me. As always, I'm sure LB members will do all we can to help. :beagle:

[bluebottle]

Re: Bristow and sutor and PCNs

If either or both of the local authorities you mention are being as unco-operative as possible, get your MP involved. If one of them is your local authority, get your ward councillors involved. Getting ward councillors involved in something like this can, sometimes, nip matters in the bud before they get out of hand and the local authority is faced with an investigation by the Local Government Ombudsman (LGO). Getting an MP involved is a more serious move, but MPs have access to Ministers and Secretaries of State who have certain statutory powers. The Department for Communities and Local Government (DfCLG) has published guidelines relating to the use of bailiffs by local authorities and if either or both the local authorities in your case are singing the "Deal With The Bailiff" song, finding out Eric Pickles or one of his ministers are on the warpath might make them change their tune.

[Guest]

Re: Bristow and sutor and PCNs

If either or both of the local authorities you mention are being as unco-operative as possible, get your MP involved. If one of them is your local authority, get your ward councillors involved. Getting ward councillors involved in something like this can, sometimes, nip matters in the bud before they get out of hand and the local authority is faced with an investigation by the Local Government Ombudsman (LGO). Getting an MP involved is a more serious move, but MPs have access to Ministers and Secretaries of State who have certain statutory powers. The Department for Communities and Local Government (DfCLG) has published guidelines relating to the use of bailiffs by local authorities and if either or both the local authorities in your case are singing the "Deal With The Bailiff" song, finding out Eric Pickles or one of his ministers are on the warpath might make them change their tune.

You are aware, I take it, that the DCLG guidelines refer specifically to the collection of Council Tax?

As the car is on HP, the OP should first and foremost get copies of the HP agreement sent to both B&S and the councils involved. Send an accompanying letter stating the problems you were incurring at the time (depression etc) and outline in detail, all your income & outgoings. Tell them about the eviction notice on your home and that £350 is a totally unrealistic figure to demand under the circumstances as you cannot afford anywhere near that. Head your letter to the council s to the CEO's and to B&S, head it to Andy Rose, MD. He is firm and robust but I feel that he is also fair and realistic. Ultimately, it would probably be him who deals with any complaint you may make in any case. Include in your letter, questions about the validity of the van charges, given that the levy is on a vehicle on HP and also the multiple fee charges.

Do NOT let the EA into your house. Continue to pay £75 a month whilst negotiations are taking place.

[Milo]

Re: Bristow and sutor and PCNs

If either or both of the local authorities you mention are being as unco-operative as possible, get your MP involved. If one of them is your local authority, get your ward councillors involved. Getting ward councillors involved in something like this can, sometimes, nip matters in the bud before they get out of hand and the local authority is faced with an investigation by the Local Government Ombudsman (LGO). Getting an MP involved is a more serious move, but MPs have access to Ministers and Secretaries of State who have certain statutory powers. The Department for Communities and Local Government (DfCLG) has published guidelines relating to the use of bailiffs by local authorities and if either or both the local authorities in your case are singing the "Deal With The Bailiff" song, finding out Eric Pickles or one of his ministers are on the warpath might make them change their tune.

Bluebottle,

As good as the above information is it will not be of assistance to this debtor in the short term. Firstly, the Guidance that you refer to specifically refers to council tax and is NOT in any way in connection with parking charges. In fact, parking is under the remit of the Secretary of State for Transport and whilst they also have their own Operational Guidance there are plans for it to be reviewed.

Unless the matter is of extreme seriousness it is highly unlikely that a MP would be involved. Furthermore, getting an appointment can take a long time.

The reference to the LGO is also not right given that they will only deal with a complaint AFTER the debtor has made a Stage One Formal Complaint to the council. Also, the LGO advice debtors that their complaints procedure takes approx 12 weeks.

Lastly, "Eric Pickles or one of his ministers" would NOT "be on the warpath" with a complaint such as this one at all. In fact......EP looks likely to leave his post any day (possibly as early as tomorrow). This will doubtless be "music to the ears" for local authorities.

You will I am sure have noticed that on another forum the "advice" (if you can call it that) is for almost everyone to telephone the Local Government Ombudsman with any complaint. The forum even provide the phone number. This 'advice' ensures that the debtor wastes her time. The LGO will NOT deal with any complaint UNTIL and UNLESS a formal complaint has been made to the local authority.

[Milo]

Re: Bristow and sutor and PCNs

Debbie,

Just a few quick questions.

Have you actually WRITTEN to Bristow & Sutor to outline your circumstances? Also, in the letter did you advise the company that you are being assisted by Step Change and have you provided the company with a completed Income & Expenditure?

You say that the car is subject to Hire Purchase. There are many different forms of finance and traditionally with Hire Purchase the vehicle is merely being hired for a certain contractual period of time and at the end of the period is returned back to the company. Is this similar to the Agreement that you have ?

Only yesterday I was assisting a debtor who was due in COURT next Wednesday as she had issued legal proceedings against a local authority after her car was clamped and removed to the pound by bailiffs (for council tax). Sadly, this lady was going down the court route (after being badly advised) and it now transpires that he car is NOT after all subject to Hire Purchase. Instead, it is subject to finance and there are just 14 more payments to be made until she owns the vehicle. Accordingly, there is a huge amount of equity (over £4,000) in her car given that she has been paying since 2011. In her case the bailiff is legal permitted to remove and sell her car to cover 3 Liability Orders.

[bluebottle]

Re: Bristow and sutor and PCNs

Bluebottle,

As good as the above information is it will not be of assistance to this debtor in the short term. Firstly, the Guidance that you refer to specifically refers to council tax and is NOT in any way in connection with parking charges. In fact, parking is under the remit of the Secretary of State for Transport and whilst they also have their own Operational Guidance there are plans for it to be reviewed.

Unless the matter is of extreme seriousness it is highly unlikely that a MP would be involved. Furthermore, getting an appointment can take a long time.

The reference to the LGO is also not right given that they will only deal with a complaint AFTER the debtor has made a Stage One Formal Complaint to the council. Also, the LGO advice debtors that their complaints procedure takes approx 12 weeks.

Lastly, "Eric Pickles or one of his ministers" would NOT "be on the warpath" with a complaint such as this one at all. In fact......EP looks likely to leave his post any day (possibly as early as tomorrow). This will doubtless be "music to the ears" for local authorities.

You will I am sure have noticed that on another forum the "advice" (if you can call it that) is for almost everyone to telephone the Local Government Ombudsman with any complaint. The forum even provide the phone number. This 'advice' ensures that the debtor wastes her time. The LGO will NOT deal with any complaint UNTIL and UNLESS a formal complaint has been made to the local authority.

They've kept quiet about Eric Pickles bowing out of his post. Who has he upset?

[Milo]

Re: Bristow and sutor and PCNs

They've kept quiet about Eric Pickles bowing out of his post. Who has he upset?

In fact he is "tipped" to replace Grant Shapps as Conservative Party Chairman in the forthcoming 'reshuffle'. It is widely anticipated that the announcement will be made after the Newark by election.

His replacement is 'tipped' to be Ester McVey.

"Reshuffles' commonly take place after the State Opening of Parliament (today) so we may hear news in the new few days.

Personally, I really do like Pickes. At least he has a 'common sense' approach. Sadly laking in all areas of Government.

[bluebottle]

Re: Bristow and sutor and PCNs

In fact he is "tipped" to replace Grant Shapps as Conservative Party Chairman in the forthcoming 'reshuffle'. It is widely anticipated that the announcement will be made after the Newark by election.

His replacement is 'tipped' to be Ester McVey.

"Reshuffles' commonly take place after the State Opening of Parliament (today) so we may hear news in the new few days.

Personally, I really do like Pickes. At least he has a 'common sense' approach. Sadly laking in all areas of Government.

I have to agree with you as regards Eric Pickles having a "commonsense" approach, even if he is a Tory. He is what I would regard as a left-wing Tory.

In a perverse sort of way, moving Esther McVey from DWP to DfCLG is good, as her attitude towards those on benefits, especially those unable to work through health issues and disability, leaves a lot to be desired, but I have reservations as to whether she will unleash her blatantly right-wing views on those who oppose fracking and in social housing and those struggling to pay their Council Tax. It will be interesting to see who replaces her at the DWP.

You may or may not be aware that there is a growing campaign to enact legislation that enables electors to recall MPs and get rid of them where they re under-performing or acting in a manner that is contrary to the common good. Not surprisingly, the more arrogant MPs have stated they will allow such a law, but with them deciding whether an MP is recalled. This has sparked off the growing campaign to force Parliament to bow to the will of the people and not the City of London and other vested interests. The campaign is gathering momentum and, I understand, getting certain "honourable members" very worried, along with vested interests. We might yet see laws that keep the civil enforcement industry on a short leash or bring about its demise.

[debbieg14]

Re: Bristow and sutor and PCNs

Bliley. I am totally confused by all this above. Will try and answer points made.

Yes I have written to b&s twice with copies of all paperwork. First-time replied with demand for £350. I sent back once again. no reply in over 3 weeks since I paid £75
My car is on finance. But over £2200 left to pay as I am in arrears and not sure car is worth any more than that after 4 years anyway.
I have sent emails to both councils. Made points on both in was told too yesterday.
wychavon have this evening sent me an email to say they have taken back the pcn from b&s . They are happy in pay £40 a month to clear debt. So that's great. Warwick have not replied today. However I am going to forward wychavon email to them in the hope they do the same. This already has halved my debt with b & s. So fingers crossed.
Thanks for help So far everyone x

[bluebottle]

Re: Bristow and sutor and PCNs

Bliley. I am totally confused by all this above. Will try and answer points made.

Yes I have written to b&s twice with copies of all paperwork. First-time replied with demand for £350. I sent back once again. no reply in over 3 weeks since I paid £75
My car is on finance. But over £2200 left to pay as I am in arrears and not sure car is worth any more than that after 4 years anyway.
I have sent emails to both councils. Made points on both in was told too yesterday.
wychavon have this evening sent me an email to say they have taken back the pcn from b&s . They are happy in pay £40 a month to clear debt. So that's great. Warwick have not replied today. However I am going to forward wychavon email to them in the hope they do the same. This already has halved my debt with b & s. So fingers crossed.
Thanks for help So far everyone x

Respect and full marks to Wychavon Council for taking a commonsense approach. I do not feel it would do any harm to forward a copy of the email from Wychavon Council to Warwick Council.

As your car is on finance and, therefore, potentially third-party property, a bailiff who attempts to seize such a vehicle without conducting proper checks is asking for trouble.