Bailiffs demanding money from my 6 year old daughter

[divineinspiration3]

My wife received a bus lane contravention fine on 27th December 13. She pulled over to allow my eldest daughter an opportunity to be sick, this she did and they then carried on with their journey. This was around 7 am and no other traffic on the road. The fine arrived through the post addressed to my youngest daughter, only 5 at the time. My wife instantly contested it and outlined the mitigating circumstances and that she was the driver. The appeal was rejected so she appealed again in April this year, once again outlining the details of what happened and also the fact that my wife and children were in fact on their way to Manchester Cathedral where they were volunteers cooking a Christmas dinner for many of the homeless in the city center. No reply has been received.
Today, 12th August 14, a letter has arrived from a company called Equita , again in my youngest daughters name demanding an outstanding balance of £172. I telephoned Equita who are refusing to talk to me because of consumer protection or whatever. The received letter goes on to mention even further action of an enforcement stage and even sale or disposal. This is a motability car and my 6 year old is the disabled person it is provided for. That may explain the mix up at DVLA.

What do we do?

[Kati]

Re: Bailiffs demanding money from my 6 year old daughter

Get your local MP (or someone from CAB) to contact Equita advising them of your daughters age. They cannot LEGALLY be chasing a 6yr old for anything. Put a formal complaint in to Equita themselves too, and also the DVLA and the council/court that imposed the fine. Send every letter recorded / signed for and keep receipts.

[divineinspiration3]

Re: Bailiffs demanding money from my 6 year old daughter

Thanks Kati, really appreciate the input.

[divineinspiration3]

Re: Bailiffs demanding money from my 6 year old daughter

If they cannot legally be chasing my 6 year old, what can they legally do to us as a family?

[bluebottle]

Re: Bailiffs demanding money from my 6 year old daughter

What appears to have happened is that DVLA has provided Motability's details as the Registered Owner/Keeper and, somehow, the local authority has gotten hold of the OP's daughter's details, she being the person to whom the vehicle is allocated under the terms of the Contract Hire Agreement with Motability.

However, in law, a contract cannot be made with or enforced against someone below the age of majority (currently 18 years). In fact, the OP's daughter is below the age of criminal responsibility and well below the age at which a person is legally-permitted to drive a motor vehicle on a road in the United Kingdom. In such circumstances, the OP would be listed, by Motability, as a nominated driver.

Manchester City Council has behaved appallingly and their failure to respond to correspondence does not bode well for them.

The OP needs to contact Motability asap and find out if it was they who disclosed his daughter's personal information to MCC. They then need to get hold of whoever was responsible for dealing with appeals at MCC and try and establish why correspondence he sent did not warrant a response.

Equita would be acting under a warrant authorised by the Traffic Enforcement Centre at Northampton and TEC needs to be contacted to find out when application was made to them, by MCC, for a charge certificate. Although TEC will probably claim they have to go by what they presented with, my gut-feeling is they are not going to be too comfortable about issuing a charge certificate against a six year-old. Apart from making them look a bunch of idiots, there is unlikely to be any provision, in law, which permits the issue of a charge certificate against a six year-old. Under those circumstances, I suspect TEC will not be happy bunnies with MCC.

[Kati]

Re: Bailiffs demanding money from my 6 year old daughter

If they cannot legally be chasing my 6 year old, what can they legally do to us as a family?

- well, the 'debt' is in her name, so I suppose it might be complicated. If your wife had received the fine, would you have paid?? Did she have her hazard lights on at the time?? Could your daughter being sick be classed as an emergency??

Personally, I would let them try and go back to court with it. It isn't your (or your wifes') name on the paperwork, they cannot make you pay for something you are not named as the debtor on. If they did go to court, I have a feeling they would be a laughing stock as soon as you showed that they sent bailiff letters to a 6yr old child :tinysmile_twink_t2:

[Johnboy007]

Re: Bailiffs demanding money from my 6 year old daughter

I would let them hang themselves.......
They are without doubt behaving unlawfully.
If you are strong willed, see it through to the end.
They will end up with s*** on the faces, big time.
We on LB will advise you throughout.
Legally, the harm they can do you as a family, at the moment they can do naff all.
First your daughter will get a letter from the bailiff company, and a bailiff fee of £75.00 :lol:
Then if your daughter doesn't pay her fine:lol:,
It will go to, what is known as, the enforcement stage, with a further bailiff charge of £235.00 :lol:
If your six year old daughter doesn't pay a total of £310.00 + the fine, out of her pocket money, the nice bailiffs will visit her to seize goods, that belong to her.:lol:
Then they will sell them to pay off the costs and fine.:lol:
Of course, most bailiffs being morons and not understanding the Queens English, you will probably have to explain several times, that your daughter, bless her, is only six years old.msl:

Eventually, it will have the desired effect and they will realise that they have wasted their time as it is unlawful to take control (seize) of any item or equipment reasonably required for the care of a person under the age of 18.:thumb:
As your daughter is disabled they are treading on very sticky ground.
It is also unlawfull to take control of a vehicle on which a valid disabled person’s badge is displayed because it is used for, or
in relation to which there are reasonable grounds for believing that it is used for, the carriage of a disabled person;
A mobility car is therefore exempt. :thumb:
The enforcement agent (Bailiff)may not take control of goods of the debtor where—
(a) the debtor is a child;:thumb:
In these Regulations—
“the Act” means the Tribunals, Courts and Enforcement Act 2007;
“child” means a person under the age of 16;:thumb:

I hope this puts you mind at rest.
If they do try to seize any goods from your daughter or you.
Call the police.
If you need any more help just ask on here..........

[Johnboy007]

Re: Bailiffs demanding money from my 6 year old daughter

As a follow up,
Send a letter to the Chief Executive of the council where this occurred.
Tell him/her in no uncertain terms, about the unlawful actions of their bailiffs, pointing out the things I have mentioned in post #7.
Also point out that the council are responsible in law, for the actions of its Enforcement Agents, and as such you will hold them liable for any harm caused to your family as a result of those unlawful actions.
Send this letter by recorded and signed for post (cost under £2.00) and keep the post office receipt.
This letter should have the desired effect.
You may even consider complaining to you MP.
Do not worry, Equita the enforcement agents, are breaking the law.
:thumb:

Mr Howard Bernstein	Chief Executive
Email	h.bernstein@manchester.gov.uk
Website	http://www.manchester.gov.uk

[bluebottle]

Re: Bailiffs demanding money from my 6 year old daughter

In addition to the letter suggested by JB, the OP needs to contact TEC tomorrow and explain what has happened. It will be interesting to hear what TEC has to say.

[bizzybob]

Re: Bailiffs demanding money from my 6 year old daughter

In addition to the letter suggested by JB, the OP needs to contact TEC tomorrow and explain what has happened. It will be interesting to hear what TEC has to say.

Sorry didn't know the keeper was 6 years old or most likely the warrant stands, they are that stupid along with Equita and MCC. Involvement of the local council member would be good at this time as they may feel it neccessary to kick the officers who condoned this.

[enquirer]

Re: Bailiffs demanding money from my 6 year old daughter

When you write to the CEO of the Council, you could mention the possibility of litigation on behalf of your daughter. You might also observe that the publicity would be dreadful. 'Council thugs terrorise 6 year old child', that sort of thing.

[Johnboy007]

Re: Bailiffs demanding money from my 6 year old daughter

At the end of the day, the council have to take full responsibility for their Enforcement Agents actions.
The Chief Executive is the man to write too.
The buck stops with him.
Mark the envelope, private and confidential.

[bizzybob]

Re: Bailiffs demanding money from my 6 year old daughter

When you write to the CEO of the Council, you could mention the possibility of litigation on behalf of your daughter. You might also observe that the publicity would be dreadful. 'Council thugs terrorise 6 year old child', that sort of thing.

They would look the muppets that they are, however, some mealy mouthed official will say that fines must be paid, la la la, oops even by a six year old? Well actually looks like the mother who was driving has got off scot free.

[bizzybob]

Re: Bailiffs demanding money from my 6 year old daughter

Perhaps the 6 year old should offer the bailiff her toys for auction, when he calls and film her doing it, then pass the film onto Granada reports.

Might be one to use if the muppets continue with enforcement and fetch up at the door.

[Johnboy007]

Re: Bailiffs demanding money from my 6 year old daughter

They would look the muppets that they are, however, some mealy mouthed official will say that fines must be paid, la la la, oops even by a six year old? Well actually looks like the mother who was driving has got off scot free.

Not got off free, she did nothing wrong.
Stopped so her daughter could be sick.
Remember it was just two days after Christmas, so cakes and sweets and jellies could have played their part here.
And it was an emergency.
A child being sick could choke and the mother did what any sensible mother would do.
It's the bloody council that are being stupid, on more than one point.
If the mother had stopped in the middle of the road, utter chaos would have ensured.
Plus there was the added danger of buses coming up on the inside.
But Bizzybob, you are quite correct when you say, "They would look like muppets".

I would have gone to court, and then when the clerk calls out the respondents name, I would have walked in with my six year old daughter.
Can you imagine what the magistrate/judge would have made of that?