Visit from a bailiff... where do I stand..?

[Lexual]

This afternoon I had a visit from a bailiff, to cut a long story short it was about an unpaid parking fine from December 2013.. I had bought a ticket but I didn't (and couldn't) get back to my car before the ticket expired and so naturally within 5 mins of the expiry time I was given a fine. I think I tried to dispute it but I can't really remember the details, anyway, it didn't get paid.

So the bailiff has turned up today which I really wasn't expecting as I don't remember getting any threatening letters or final reminders etc, he's given me 7 days to pay £407 which include his fees. I have now found 2 unopened letters from the collection agency that were sent while I was abroad through November and December, the first letter is to make payment of £97.00 to close the matter which I would have paid, but as I was not in the country to see these letters until today I have missed these deadlines and they now want the £407!

I explained to the bailiff I had been away a lot and when I found the letters I called him back to explain I'd got them but they were sent while I was away so there was no way of knowing the impending charges. I've contacted the agency that employ him and explained the situation and they are refusing to understand that I wasn't in the country to see the letters to pay the lower fees, they wont reduce the charges.

I have contacted several advice lines, all are saying they cannot give me any legal advice... can anyone help or suggest someone I can speak to to see where I stand and do I legally have to pay this full amount despite not receiving the notice letters and therefore pay the original fine and fee??

[Zod]

Pay the fine. Don't pay the bailiff's fees.

[kowalski655]

Is this for a council ticket or a private parking company ticket?

Has the bailiff shown you a copy of any Court judgment? Have you ever received any Court papers?

[TooMany2cvs]

So cutting through the excuses, you got a parking ticket over a year ago, didn't pay it, didn't get your correspondence forwarded - and are now surprised the bill has escalated?

[Lexual]

It's a council ticket, he has given me a piece of paper with 'Drawn upon the authority of: The Traffic Enforcement Centre, County Court Business Centre....' on it, no claim number or anything..

Edited by Lexual on Tuesday 6th January 18:20

[matrignano]

I'm constantly surprised why, in this country, important documents that could have some legal value don't have to be sent via recorded/signed delivery.

The bailiff has no way to prove that the OP received, read and understood the warning letters. And vice-versa.

How can you enforce a deadline such as "pay before xxx date otherwise fees go up by 200%" if you can't prove the deadline was known and understood by the recipient?

[iiyama]

matrignano said:

I'm constantly surprised why, in this country, important documents that could have some legal value don't have to be sent via recorded/signed delivery.

The bailiff has no way to prove that the OP received, read and understood the warning letters. And vice-versa.

How can you enforce a deadline such as "pay before xxx date otherwise fees go up by 200%" if you can't prove the deadline was known and understood by the recipient?

This is a question that I would like a decent answer to. Often wondered this myself!

[JustinP1]

TooMany2cvs said:

So cutting through the excuses, you got a parking ticket over a year ago, didn't pay it, didn't get your correspondence forwarded - and are now surprised the bill has escalated?

And he's been out of the country until today, and before he even had chance to open his mail, by chance a bailiff arrived within hours of his arrival at his home.

A series of unfortunate events. Especially since the £97 fine had been outstanding for a year and he was by chance just about to pay it.

Edited by JustinP1 on Tuesday 6th January 18:48

[lbc]

matrignano said:

I'm constantly surprised why, in this country, important documents that could have some legal value don't have to be sent via recorded/signed delivery.

Possibly because if you don't like the look of what's being delivered, you don't have to accept it.

It's usually considered served to the recipient at time of posting.

[TooMany2cvs]

matrignano said:

I'm constantly surprised why, in this country, important documents that could have some legal value don't have to be sent via recorded/signed delivery.

The bailiff has no way to prove that the OP received, read and understood the warning letters.

And how does sending it recorded/signed for do that?

[Lexual]

JustinP1 said:

TooMany2cvs said:

So cutting through the excuses, you got a parking ticket over a year ago, didn't pay it, didn't get your correspondence forwarded - and are now surprised the bill has escalated?

And he's been out of the country until today, and before he even had chance to open his mail, by chance a bailiff arrived within hours of his arrival at his home.

A series of unfortunate events. Especially since the £97 fine had been outstanding for a year and he was by chance just about to pay it.

Edited by JustinP1 on Tuesday 6th January 18:48

Unless you have something useful to contribute, don't bother commenting.

[allergictocheese]

Lexual said:

Unless you have something useful to contribute, don't bother commenting.

OP, you have nothing to worry about. Simply dial 666 and ask for the case to be dropped and, hey presto, it'll be gone.

I don't believe for one second you buried your head in the sand.

[paintman]

Justin's version sounds like an accurate and credible precis of events to me.
You didn't listen to and take up the much bandied about advice about ignoring tickets & filing them in the bin and they'll go away did you?

Edited by paintman on Tuesday 6th January 19:07

[carreauchompeur]

Lexual said:

JustinP1 said:

TooMany2cvs said:

So cutting through the excuses, you got a parking ticket over a year ago, didn't pay it, didn't get your correspondence forwarded - and are now surprised the bill has escalated?

And he's been out of the country until today, and before he even had chance to open his mail, by chance a bailiff arrived within hours of his arrival at his home.

A series of unfortunate events. Especially since the £97 fine had been outstanding for a year and he was by chance just about to pay it.

Edited by JustinP1 on Tuesday 6th January 18:48

Unless you have something useful to contribute, don't bother commenting.

Somewhere distant, I hear the sound of a nail being struck on the head.

[Lexual]

The ticket probably was filed away shortly after receiving it and disputing it.. I hold my hands up to that, the fact is I heard nothing more about it until seeing these letters but they have come through while I've been out of the country, if I'd known about the initial warning which would have also reminded me about the getting the ticket in the first place, I would have dealt with it.. but not thinking/knowing anymore about it till today as I was out of the country I believe I am entitled to appeal against these increased charges.

[rumpelstiltskin]

Going by my experiences from when i won a court case,baillifs visited the guys house i took to court to recover goods to the value of his debt to me,and guess what,when baillifs come to the door to recover goods (if it comes to that)just tell them nothing in the house is yours!!Simple,worked like a charm for him and left me with zilch after 'winning?' a court case.

[Marcellus]

Can you prove to a judge that you have been continuously out of the country until today?

If not, then Justins version of events is most probable?

[sherbertdip]

Lexual said:

The ticket probably was filed away shortly after receiving it and disputing it.. I hold my hands up to that, the fact is I heard nothing more about it until seeing these letters but they have come through while I've been out of the country, if I'd known about the initial warning which would have also reminded me about the getting the ticket in the first place, I would have dealt with it.. but not thinking/knowing anymore about it till today as I was out of the country I believe I am entitled to appeal against these increased charges.

My personal opinion which means absolutely nothing to you is that you are giving excuses not reasons for non-payment. However, if you believe that you are entitled to appeal against the increased charges do so, if I were you i would stop "wasting time" on PH where you know you will get a whole spectrum of responses.

Please come back and tell us the outcome though.

[TooMany2cvs]

Lexual said:

but they have come through while I've been out of the country

And you had no way of having your mail forwarded or, at the very least, sorted and anything important brought to your attention?

First thing you did when you got back was to see if there was anything high-priority, though, wasn't it? Something like, oooh, stroppograms regarding a rapidly escalating forgotten parking ticket that might be about to turn very expensive indeed?

Lexual said:

I believe I am entitled to appeal against these increased charges.

You're entitled to appeal, absolutely, with or without any valid reason, you can always appeal. Your appeal isn't guaranteed to succeed, of course.

[Marcellus]

Just a general question.... You've been overseas for 3 months so what's one of the 1st things you do when you get back into the UK after unpacking?


Errrm mine is opening the post, am i alone in this?