PCN from Rotherham Council but with 3 different recovery companies.

[cmw83]

Hi, new to this site but heres a long ass essay haha*
I split with my partner and moved to Rotherham, private rented my landlord never told me (or I dont recall) that I needed a parking permit to park outside my house.*
(My car is and was registered at my old adress.) My car broke down outside the house and as most people know moving into a new place takes its toll on anyones finances so was sat there about a week and a half. I got about 11 tickets in all.

I tried reasoning with the council sending letters calling them etc but had no reply.

Few month ago moved back in with the mrs, then I started getting debt letters and bailiff calling. One company Marsons, (I think) I paid my penalty in full (£422) the day I was out paying that into the bank andother company Newlyn posted a letter saying an agent has been. That I owe 922 on this one! Straight away I called the agent (Mr Kennedy) and arranged to pay weekly. £70. Ive been paying for a month but out of a £250 weekly wage with 2 kids and a house to run Im struggling. I told Mr Kennedy on my last call/payment last week, I wouldnt be paying for the next couple of weeks as I had household bills to pay, which we agreed was ok.*In the meantime another company called to my house and I went outside to speak with him, i basically told him my situatiin and the bailiff said he would call the council as he wasnt hapoy that there was 2 other companys trying to get at me as well from the same council. Ive not heard a thing from them since, ive called the council to sort out the debt and everytime its the same "Mr Beard will call you back" with no calls or letters to inform me whats happening.
Today I have recieved a letter saying NOTICE OF INTENDED REMOVAL.*
that their collection agents are in my area (Sheffield) and will be calling, the letter also said to call them to arrange.*
So I have the woman on the phone basically told me theres nothing she can do and I need to phone Mr Kennedy as he is managing the account... but he wont be able to answer any calls today, so phone first thing Monday.*

I'm really worried as I have no means of paying these debts in full and I dont want them at my house. The last time they called it scared the living daylights out of my kids and Mrs.

Does anyine have any advice? Anything I could do to stop these letters even though theres an agreement I place?*
Anything at all?

[cmw83]

Re: PCN from Rotherham Council but with 3 different recovery companies.

Oh yes I forgot to mention, I've also been told that under the new rules and regs if a EA wanted to they could take my partners car as payment? Is this true? I thought it was just stuff that I own. I dont have a car anymore but my partners is on the drive?
Someone has to have some answers for me?

[bluebottle]

Re: PCN from Rotherham Council but with 3 different recovery companies.

Oh yes I forgot to mention, I've also been told that under the new rules and regs if a EA wanted to they could take my partners car as payment? Is this true? I thought it was just stuff that I own. I dont have a car anymore but my partners is on the drive?
Someone has to have some answers for me?

No they cannot. And they know it. They may only take goods belonging to the debtor.

[bizzybob]

Re: PCN from Rotherham Council but with 3 different recovery companies.

No they cannot. And they know it. They may only take goods belonging to the debtor.

Looks like they can as per:

Can bailiffs take goods belonging to other people?

Bailiffs are only allowed to take control of goods which belong to the person named on the notice of enforcement. This will be the person who owes the debt.
So, things belonging to your husband or wife, partner, children or lodgers can't be taken. The only exception is if the items are jointly owned by you and another person, in which case the bailiff can take them.

from:

http://www.adviceguide.org.uk/englan...bailiffs_e.htm

and:

Can bailiffs take jointly-owned belongings?

The bailiffs are allowed to take belongings that are jointly-owned by you and someone else, as long as they are not exempt items.
Bailiffs should ask the other owner to make a written statement saying what percentage of the goods they own and provide proof of ownership.
If the goods are taken and sold, the money raised from the sale of that item will be divided between the owners.
Check which items are exempt

Keeping joint owners informed

When a bailiff takes jointly-owned goods, they must keep the other owners informed at all times. This includes providing them with their own copies of the following notices:

• an inventory of the goods that the co-owner part owns
• a copy of the notice after taking control of goods
• a copy of the notice after removal of goods
• a copy of the notice before sale of the goods.

These notices have to include certain information.
As the person who is going through bailiff action, you must also be given separate inventories of the goods taken which only belong to you, and of the jointly owned goods take

from:

http://www.adviceguide.org.uk/englan...bailiffs_e.htm

That is why they brought in the interpleader, as partner would have to do interpleader to claim ownership, the assumption now being that most household goods and vehicles can be regarded as joint, therefore available to take.

The assumption seems to be that most household items and cars are joint, so conveniently available to the EA/Bailiff, another little barb hidden in ther TCGA or so it would seem. If the relationship is not longstanding as in just started cohabiting then I feel that this is patently unfair.

Perhaps Milo could clarify?

[Milo]

Re: PCN from Rotherham Council but with 3 different recovery companies.

Hi, new to this site but heres a long ass essay haha*
I split with my partner and moved to Rotherham, private rented my landlord never told me (or I dont recall) that I needed a parking permit to park outside my house.*
(My car is and was registered at my old adress.) My car broke down outside the house and as most people know moving into a new place takes its toll on anyones finances so was sat there about a week and a half. I got about 11 tickets in all.

I tried reasoning with the council sending letters calling them etc but had no reply.

Few month ago moved back in with the mrs, then I started getting debt letters and bailiff calling. One company Marsons, (I think) I paid my penalty in full (£422) the day I was out paying that into the bank andother company Newlyn posted a letter saying an agent has been. That I owe 922 on this one! Straight away I called the agent (Mr Kennedy) and arranged to pay weekly. £70. Ive been paying for a month but out of a £250 weekly wage with 2 kids and a house to run Im struggling. I told Mr Kennedy on my last call/payment last week, I wouldnt be paying for the next couple of weeks as I had household bills to pay, which we agreed was ok.*In the meantime another company called to my house and I went outside to speak with him, i basically told him my situatiin and the bailiff said he would call the council as he wasnt hapoy that there was 2 other companys trying to get at me as well from the same council. Ive not heard a thing from them since, ive called the council to sort out the debt and everytime its the same "Mr Beard will call you back" with no calls or letters to inform me whats happening.
Today I have recieved a letter saying NOTICE OF INTENDED REMOVAL.*
that their collection agents are in my area (Sheffield) and will be calling, the letter also said to call them to arrange.*
So I have the woman on the phone basically told me theres nothing she can do and I need to phone Mr Kennedy as he is managing the account... but he wont be able to answer any calls today, so phone first thing Monday.*

I'm really worried as I have no means of paying these debts in full and I dont want them at my house. The last time they called it scared the living daylights out of my kids and Mrs.

Does anyine have any advice? Anything I could do to stop these letters even though theres an agreement I place?*
Anything at all?

You really should be making a Formal Complaint to the local authority asap. Under the new regulations (that came into effect on 6th April) a bailiff can no longer charge 'multiple charges' for enforcing more than one PCN at the same time. A 'Compliance Stage Fee' of £75 can be charged for each PCN but only one 'Enforcement Fee' of £235 should be applied.

In your case, the local authority have passed warrants to different bailiff providers and accordingly by no fault of yours you are now in a trap whereby each company can charge an 'enforcement fee' of £235 to your account.

The local authority have a role to play here and must surely ensure that all PCN's are grouped together and passed to just ONE enforcement company to enforce. This is very bad indeed.

On the matter of your partners car.....how old is the vehicle and is it subject to any finance. Also, roughly how much is it worth?

[bluebottle]

Re: PCN from Rotherham Council but with 3 different recovery companies.

I think what's happened, BB, is that I misread "partner's" as 'parents'.

[cmw83]

Re: PCN from Rotherham Council but with 3 different recovery companies.

You really should be making a Formal Complaint to the local authority asap. Under the new regulations (that came into effect on 6th April) a bailiff can no longer charge 'multiple charges' for enforcing more than one PCN at the same time. A 'Compliance Stage Fee' of £75 can be charged for each PCN but only one 'Enforcement Fee' of £235 should be applied.

In your case, the local authority have passed warrants to different bailiff providers and accordingly by no fault of yours you are now in a trap whereby each company can charge an 'enforcement fee' of £235 to your account.

The local authority have a role to play here and must surely ensure that all PCN's are grouped together and passed to just ONE enforcement company to enforce. This is very bad indeed.

On the matter of your partners car.....how old is the vehicle and is it subject to any finance. Also, roughly how much is it worth?

Hi thanks for the reply(s) my partners car is 7 years old and isnt on finance. Im in a hole with that one arent I??
How do I complain to the council? Write a mail? Or letter? I think thats why the last bailiff from a different company hasnt been back to be honest. After I told him there were another 2 companies chasing debt also from rotherham rmbc.

Im no good at writing letters/mails seem to sound arrogant.

[bluebottle]

Re: PCN from Rotherham Council but with 3 different recovery companies.

You really should be making a Formal Complaint to the local authority asap. Under the new regulations (that came into effect on 6th April) a bailiff can no longer charge 'multiple charges' for enforcing more than one PCN at the same time. A 'Compliance Stage Fee' of £75 can be charged for each PCN but only one 'Enforcement Fee' of £235 should be applied.

In your case, the local authority have passed warrants to different bailiff providers and accordingly by no fault of yours you are now in a trap whereby each company can charge an 'enforcement fee' of £235 to your account.

The local authority have a role to play here and must surely ensure that all PCN's are grouped together and passed to just ONE enforcement company to enforce. This is very bad indeed.

On the matter of your partners car.....how old is the vehicle and is it subject to any finance. Also, roughly how much is it worth?

I have to agree with your comments about the actions of the local authority in the OP's case, Milo. However, as I have found, some local authorities have been issuing warrants for PCNs without first obtaining charge certificates from TEC at Northampton. The OP should, as a matter of caution, check with TEC whether the local authority in their case has obtained appropriate charge certificate(s).