Taking a sledgehammer to crack a nut...

[Marycg]

Hi all,

I managed to make a monumental cock up. I received a PCN in June for taking a no right turn which I was aware of, however, 2 days later I received a second. Both images on the notices seemed identical and I made a ridiculous assumption that it was a reminder, without checking the numbers. (Highly stressful job, 4 kids, no time...) I genuinely believed I was dealing with one ticket.
On Wednesday I arrived home to a letter saying bailiffs had been to recover a debt for my local borough. As it my local council was named I assumed it was a mistake about the fine, called them the next day only to discover that there had been 2 and one of course had been unpaid. I had genuinely heard nothing from the debt collection company in the interim period.

The fine is now £500 which I cannot believe, as when they inherited it from the borough it was £202.
I spoke to the man who left his mobile number who refused my offer of £150 a month. He said that if I did not pay in full he would take my car! Which is worth considerably more than £500.
It is now the weekend and I cannot contact the borough. The genuine distress these actions cause is terrible. I have never been in this kind of situation before and it had opened my eyes to a truly terrible industry out there. The bailiff made it very clear that he would accept nothing less than the full amount. Can I defer back to the borough? If so what department do I go to?
i have actually lost sleep over this and am tempted to borrow money from family just to get it cleared as I can't bear it hanging over my head. The irony is I am a teacher in the same borough...

[Guest]

Re: Taking a sledgehammer to crack a nut...

Hi Marycg,
Hopefully somebody with specialist knowledge will be along any mo, but just to say I've seen those sort of things (ludicrous charges added by debt collectors) many times and not one was ever carried through.
CAB advice about charges: see here
Oh, and the government say they're about to stop the exorbitant charge practice: see here
Good luck, I hope you get it sorted.
:beagle:

[Kafka]

Re: Taking a sledgehammer to crack a nut...

Please clarify:

Did you settle the one and only have to deal with the one you overlooked?

Is there a court order on this, because a bailiff can't take any goods without a court order?

[ploddertom]

Re: Taking a sledgehammer to crack a nut...

How many tims are they claiming to have visited? Also have a read of this http://www.legalbeagles.info/forums/...rking-Offences although it mainly deals with Parking issues it is broadly similar

[Marycg]

Re: Taking a sledgehammer to crack a nut...

Please clarify:

Did you settle the one and only have to deal with the one you overlooked?

Is there a court order on this, because a bailiff can't take any goods without a court order?

Yes, I paid the first one and there is no problem with that.

The bailiff told me that a warrant of execution had been made ( I think that's right, not too sure as it was all slightly fraught, as he did keep on repeating he would take

[Marycg]

Re: Taking a sledgehammer to crack a nut...

It was his first visit, although he told me a letter had been written. When I told him I had never received one he was extremely condescending. I keep reading different information, one post seems to think that they cannot charge more than the original debt. The notice from the borough was £202 and they mare asking £494 which seems utterly extortionate. It is the unfairness of the charge that rankles, and the threat to take my car. When I attempted to point out rationally that that was more then slightly excessive he launched into a tirade on the phone and I could not get a word in edgways. Neither did he think my offer of £150 a month reasonable, having never even put the offer to the debt collectors. I really haven't got the emotional resources to enter into a big battle, or put my children through the whole problem of not answering doors etc. while things are sorted. I think I will borrow money from a family member and just get it over with, despite what feels like being totally ripped off and abused by a ridiculous system.

[Kafka]

Re: Taking a sledgehammer to crack a nut...

A Warrant of Execution can only be obtained if the Council obtained a CCJ against you and if you failed to comply with the terms of that judgement.

Please explain what happened with the court process and whether it was all done correctly.

[Marycg]

Re: Taking a sledgehammer to crack a nut...

Would I know if there had been a County Court Judgement? I have never been informed of one...

[Marycg]

Re: Taking a sledgehammer to crack a nut...

It wasn't parking sadly, it was tasking a right turn that was prohibited. The other annoying part to this is that I since discovered that other people successfully appealed as the signage was hidden... 6 members of staff where I work have been caught by this new camera.

[Kafka]

Re: Taking a sledgehammer to crack a nut...

You should have received details of the claim from the County Court and the chance to defend the claim, both in writing and by attending a hearing. If a judgement is given by a Court they also notify you in writing. If none of these things happened then either there has been some administrative error or else the bailiff isn't acting on a Court Order. Your immediate response to this must be that you have never been notified of any judgement so you cannot acknowledge any debt, until it gets sorted out.

[ploddertom]

Re: Taking a sledgehammer to crack a nut...

A Warrant of Execution can only be obtained if the Council obtained a CCJ against you and if you failed to comply with the terms of that judgement.

Please explain what happened with the court process and whether it was all done correctly.

You should have received details of the claim from the County Court and the chance to defend the claim, both in writing and by attending a hearing. If a judgement is given by a Court they also notify you in writing. If none of these things happened then either there has been some administrative error or else the bailiff isn't acting on a Court Order. Your immediate response to this must be that you have never been notified of any judgement so you cannot acknowledge any debt, until it gets sorted out.

Sorry but you are barking up the wrong tree. For PCN's the Council applies to the Traffic Enforcement Centre who dishes out the Warrant of Execution. In this case no CCJ is needed.

[labman]

Re: Taking a sledgehammer to crack a nut...

Ploddertom is 100% correct. MARYCG PLEASE IGNORE THE ADVICE BY KAFKA AND FOLLLOW PLODDERTOM'S ADVICE. This issue would be dealt with by the TEC. Mentioning the CCJ only serves to confuse the issue.

[ploddertom]

Re: Taking a sledgehammer to crack a nut...

It was his first visit, although he told me a letter had been written. When I told him I had never received one he was extremely condescending. I keep reading different information, one post seems to think that they cannot charge more than the original debt. The notice from the borough was £202 and they mare asking £494 which seems utterly extortionate. It is the unfairness of the charge that rankles, and the threat to take my car. When I attempted to point out rationally that that was more then slightly excessive he launched into a tirade on the phone and I could not get a word in edgways. Neither did he think my offer of £150 a month reasonable, having never even put the offer to the debt collectors. I really haven't got the emotional resources to enter into a big battle, or put my children through the whole problem of not answering doors etc. while things are sorted. I think I will borrow money from a family member and just get it over with, despite what feels like being totally ripped off and abused by a ridiculous system.

The correct charge for a 1st Visit Visit should be:
Ticket - £202
Letter - £11-20 +VAt - providing he can prove it was sent
Visit Fee - £56-73 +VAT

[ploddertom]

Re: Taking a sledgehammer to crack a nut...

There is a good chance that you have overpaid on the first ticket you had. You should send them Letter 1 from http://www.legalbeagles.info/forums/...Useful-Letters

[Marycg]

Re: Taking a sledgehammer to crack a nut...

I am very sorry to hassle you ploddertom but I have a dilemma.
i went online to the Marston group this morning to pay. The letter I received through the door was from them and the actual headline. Had in large letters online payments,p.

I went into the system and the amount showing was £215.44 and that was all it would let me pay.

the amount due on the hand delivered letter was £493.52.

I emailed them immediately to say that I paid the full amount I was able to online.

I looked at the charges you suggested and it does seem that what Has been added on is exorbitant.

i am loathe to phone the man whose number is on the letter as he was difficult to deal with and seemingly determined to get my car!
Should I text him to say I have paid that amount?
Who do I address the fees question to?
i am very anxious to clear this now but equally anxious to have no contact with this man.