Parking fine - Baillifs! Need urgent advice please guys

[Zod]

Pay the original fine and write to them, setting out clearly that you have not received any correspondence other than the original fine and this latest letter. Complain that they have not addressed your appeal.

[7db]

Lock your doors and windows and don't let any strange men into your house. They need to gain peaceful entry (once) into your home in order to take anything.

[Scraggles]

and once they have gained peaceful entry for whatever reason, they can come back with sledgehammers to open the door more easily with you paying for any damage. Rough guestimate is to take goods worth 10 times that amount as auction costs and not being able to guarantee selling stuff to meet costs. Car keys are one thing worth keeping in pocket

[cymtriks]

Write to them.

Point out exactly what has happened-
You parked legally and correctly
you were wrongly issued a ticket
you responded to this ticket
you didn't hear from them again
they are now taking further steps against you

No sarcasm. Just the facts.

Investigate a counter claim. The threat of a small claims for any ammount that the balifs may take might work. Pop in to citizens advice or the small claims court itself to check how your case looks. They may say that you have no chance or they might say you have a case.

Do you have any evidence at all that you paid to park? Haven't still got the old ticket in the door compartment or glove box have you? Was anyone with you at the time?

The best thing to do is probably to give them the original fine and get a reciept, pay in person!. I know it sucks but it's probably the price you pay to get these guys off your back. You can stay on their radar for a long time. They will spend 1000 to get 100 off you. Other organisations might now "know" that you are on the balifs job list.

I've heard that Swaziland coins work fairly well in parking meters!

[puggit]

Scraggles said:

Car keys are one thing worth keeping in pocket

And keep the car away from your home - if they find it they'll take it!

[purpleheadedcerb]

Contact the office of fair trading and see if they are registered with them. Then request to see if they are investigating them for any breaches.

[OUTLAW-1]

they can not send the ballifs with out a county court jugement
they are bluffing and tretening you in that way is ilegal.

so report em to office of fair trading now.

only time they can send a ballif is after they have been to court and gained a ccj
and then they can only send then if you dont pay the ccj and even if it went to court they can make you pay any more than you can afford.
even if that a 25p a week

it just a bluff at this stage to friten you into paying
and it ilegal
the debt colection agent there useing can have there licence pulled for it

i know who runs the crap in miltonkeens and its all decrimalised there so only a civil mater

if you still got proof of the permit you had at the time call there bluff en tell you will see em in court if ther dumb engoth to go get transfred to you local court counter claim expeces

chances are they wont turn up.

iv had the same with them muppet ticked us for parking in a disabled bay

but we had 3 blue bages and two freind and there wheel caires in car and my wife blue bage and to top it off the car is registerd at dvla as disabled tax class

so I just tolded em to go there selfs.

still wainting for em to dare to take me to court


re ballif if there is a court jugement
they can onl;y hassel ouy they have no right of forsed entry
un less you let in once then they can break in next time
they will try to trick and ask to take a piss or use phone to con you.

however they can take a car parked out side but can not breakinto a locked garage
if it got to that stage they have to write and thell you there coming
just trancefer the car to a freind dont let em in and if they take the car
get you m8 to ring the cops and press charges for grand theft auto.

if you got proof of permit write to them recoroded delivery
stating that you had permit full stop end of discution if they dont like
you invite em to take you to court

but be warned that you will be counter claiming againsed them and having the case moved to you local court

and trust me if you have a copy of the permit your win

chance are they will never got to court anyway as ther based miles away and will have to travel to yor local court
they just dont bother

all so tell you reporting them for harass ment and faulse treats to the ofice of far trading.





>> Edited by OUTLAW-1 on Friday 6th January 17:43

>> Edited by OUTLAW-1 on Friday 6th January 17:46

>> Edited by OUTLAW-1 on Friday 6th January 17:53

[Don]

Mate you think you've got trouble!

These people are utter, utter scum - there's no other word for it. If you think they're bad though you should see what the Revenue can do. If there's any problem over paperwork filing they can simply make up numbers (genuinely) that they think you might owe them, send a demand and if you don't pay then one has to be prepared to face the bailiffs.

I got a demand on Tuesday for £25K. Oh...and the deadline for payment had ALREADY passed.

Needless to say - I'm not paying. I did have our auditors courier paperwork to 'em the same day though...

My advice to you? Over £250? Get yerself down to Citizen's Advice. Find out what the score really is. If you absolutely have to pony up the £250 - bailiffs are highly disruptive - and try and work out how you can get it back via Small Claims.

Over £25K I'm taking a different approach.

But I totally hate these people. They are right. Always right. Even when they are wrong they are right. And, most of the time, they have the legal might to make whatever they want right.

You have to treat government like it was some insane machine with the finger on the trigger.

Oh...it is.

[justinp1]

I agree with the disruption aspect.

There is also a lot in the wording of the bailiffs paperwork which makes it sound a lot worse than it is. This is *only* a way of making you pay sooner.

If I were you I would put my complaint in writing to the body who issued the ticket, and send it by special delivery so you have proof of delivery. Explain to them that they have not yet followed up your query, and will not have any reason to disucuss payment with them or their agents until your complaint has been responded to.

Your other option is if the guy turns up, pay him, but get a letter written out saying that you are paying the sum today for the sole reason that you are under economic and emotional distress of having a bailiff at your doorstep, you are not guilty of what has been accused and the giving of money to the bailiff is made under duress only and has no relevance to any admittance or payment of a fine or costs.

I would then take small claims procedure to sue for the money back, plus *your* expenses.
It will cost you about £30 to take to court, if you win you will get £50 for your time plus any out of pocket costs. In all likelyhood, when you take companies and bodies to court for sums of this size, they will do anything to avoid going to court. This is because even if they win and dont pay you £300 they would still have to pay a solicitor at least that amount or more to represent them in court.

Good luck!

[voyds9]

OUTLAW-1 said:

Lots

Oh how I have missed reading your replies

[OUTLAW-1]

don if he pays it he never get it back in the small claims
paying it is a good as admiting liability
iv delt with em before and won

there full of crap the above advice i gave is sound

he will never see a ballifs unless they take him to the small claimes court first and get a ccj

the Revenue are a different thing there a law un too there selfs like cutomes and exsize

i repeat ballifs can just turn up it dont work like that and say they can is classed as harassment of a debter
any debt colletor firm that does that can find there self slaped hard

only pepole who can send the ballifes is the court

this is how it works

they take you to small claims court you get the papers you ether admit claim or defend it or ignore it
if you ignor it they win by default
if they win they the court enter a jugement against you if you have limited means then the court can only order istalments

if you got proof of permit there lose full stop
because it classe as a priver car park they can only persue you under civil law/contract law

if you then dont pay the ccj and only then as a last resort
even more so now a sine the human rights act came in fouce a case can be made that you human rights have been breached if they dont try all other ways before ballifs
they can then apply to the court and ask for order to send ballifs to attend if you still haven payed
even then you can go down the local cout and stop the ballifs comeing and go to court and arange pay by installments

at this stage there talking shit
if you go to CAB they will tell him what if told him.

re complaing to who isued the ticket
thats a wast of time ill tell who it is

its none other than vinc park ltd / shawway parking leeching services

or what ever there calling there self this week
as they change there name regualy so the public dont suss the extent that ther rippin them off for

it a french owend company with one of the main share holders being som major french utility companys.
and there intertwined in this parking shit all over the uk
and they dont give a wether he had a permit or not there just on a nice earner as most pepole roll over and pay up

i repeat the ballifs are not coming to his house in 7 days thats crap

if they were coming he would allready have a ccj against him and a leter directlly from the ballif telling what day and what time they are coming

please if theres a solisitor on ph about will you please comfirm this to him before he gets more worried

than he allready is

what is mostlikely to hapen is here get one of thease now and then then there give up they dont bother with the real wont pay one it not worth there cost for this amount and too much hassel

the letter he got will no dout be computer generated anyway.

purpleheadedcerb told him the same the thr ilegal harassmet but dident explain in detail


>> Edited by OUTLAW-1 on Friday 6th January 19:02

[justinp1]

OUTLAW-1 said:

don if he pays it he never get it back in the small claims paying it is a good as admiting liability... >> Edited by OUTLAW-1 on Friday 6th January 19:02

I had better tell pass this onto my old uni lecturer...

Or just ignore it.

I suggest the poster should take whichever advice he sees as the best

[C C]

TheLemming said:

That was there for background.

So have you change address since the original ticket was issued.
Perhaps the missing corespondents have bee sent to the wrong address.

Not that that helps much but just a thought.

[streaky]

Outlaw - a very warm welcome back! You have been missed. Was the food good in stir? - Streaky

[woof]

Bailifs are a total law on to there own

Had a couple of run ins the TFL's last year - paid the congestion charge - money taken from my account. 6 months later bailifs letter demanding £500. Called them, gave them proof of payment - and they still turned up - clamped my car. I live on 2 miles into a private estate - no public access and they still clamped my car. Spoke to the police and they said it was illegal but it was civil matter and couldn't get involved
2 hours later they turned up with a tow truck - at that point i paid.

Only thing i should of done was shut the courtyard gates - so they couldn't get out

line them up with wardens - the fleas and ticks of the human race

[OUTLAW-1]

woof yes they try it on. re you place what the police said is wroung m8. what the police told you was in corect legaly they could clamp your car if you could walk in on you grounds with out breaking there way in.

there means if entry is what call peaceful entry ie climb in a open window clap or take a car outside
open an un locked door climb over wall fences but can not break in. some will fouce locks on out building ie sheds garages but this is ileagal.

so you car is allways the week point if its registered to you if it ait registered to you then its a criminal mater if they try to take it.

the only excepiton to the peaceful entry rules are custome and exsize trst our doors coming off with them and now ballifs colection crimanal fines.
if there making a noise you can allway demand the police attend to stop a breach of the peace

sam as if they turn up with thepolice the police can only sand by to stope a breack of the peace and can not hellp them in any way

if you got a garrage attached to house put car in that the breack in it agravated burgarly of a dweling if your in at the time and thats a criminal mater

the thing you mention about locking you gate once there in is an intresting one

as long as they were able to leave you property by foot the its not criminal ie unlawfull inprisonment its only a sivil matter and the police can help em get there van out and there walking home.

if they damege you gate trying you got em for criminal damage.

[OUTLAW-1]

streaky said:

Outlaw - a very warm welcome back! You have been missed. Was the food good in stir? - Streaky

belive it or not i want on holiday.

just busy lol

[Piglet]

Have a look here for info on bailliffs....

www.adviceguide.org.uk/d_bailiffs.pdf

The site also has other info you may find useful.

What have you done about this so far?? Did the correspondence you've had come from a debt collection company or from the Local Authority or someone similar??

[justinp1]

woof said:

Bailifs are a total law on to there own Had a couple of run ins the TFL's last year - paid the congestion charge - money taken from my account. 6 months later bailifs letter demanding £500. Called them, gave them proof of payment - and they still turned up - clamped my car. I live on 2 miles into a private estate - no public access and they still clamped my car. Spoke to the police and they said it was illegal but it was civil matter and couldn't get involved 2 hours later they turned up with a tow truck - at that point i paid. Only thing i should of done was shut the courtyard gates - so they couldn't get out line them up with wardens - the fleas and ticks of the human race

What you should have done is put up a sign that entry to your property is trasspassing, and will be dealt with by clamping their vehicle with a charge of £1000. Then paid a couple of heavy lads to sit with the clamp!

[OUTLAW-1]

you can do that any more since earlyer this year its a crimanal offence.

Do you use clampers or clamp on your own land?

From May 2005 clamping vehicles without a license from the Security Industry Authority (SIA) became a criminal offence.

Anyone clamping or allowing clamping without the appropriate licenses can incur heavy fines and could face a prison sentences of up to five years!

People who allow clamping on their land are responsible for ensuring the company employed has the relevant, up-to-date licenses.

For Example. You will need a license, if:

* You are a business providing wheel clamping services.
* You are an employee who handles the wheel clamping of your car park at work.
* You are a private land owner who does your own wheel clamping and charges a release fee.