Bailiff lied
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Discussion

e21Mark

Original Poster:

17,740 posts

204 months

Friday 4th April 2014
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A few weeks ago I was busted for straying into a Hammersmith bus lane but as the car was still registered to my then girlfriend, the papers came in her name. Obviously I couldn't open her mail and when she finally collected it, the charges had increased. I told her I would take care of the matter and wrote to Hammersmith council, to inform them that I was driving and therefore responsible for the fine. I also sent the V5 to the DVLA, as I was going to be the keeper of the car. This was early last week and I was awaiting a written response from Hammersmith council.

This afternoon, I returned home to find a letter shoved through my letterbox demanding nearly £500 from my then partner. £246 for the ticket and £250 for their attendance today. I rang the number and explained my position with Hammersmith council. I said I was the driver at the time of the offence and that I was in the process of sorting the matter. I also stated I had correspondence from Hammersmith council to confirm this. The guy on the phone said he wasn't concerned with my story and that I simply had to pay the £500 immediately. I repeated my position, at which point he said he had already done me a favour by not taking my car this morning. He said he had left it, due to my having a disabled parking badge, but unless I pay the £500 he would return at 8pm this evening and take the car. I said again, that I was trying to sort the ticket and that I simply did not have £500 to give him, but because I need a car to get about, I was prepared to pay Direct Debit instalments in the hope I could then claim them back once the matter is sorted. He refused and said that it was law that ''when you drive you have to have the money to pay any fines''. At this point I asked why I was being charged £250 for his attendance, when he hadn't knocked my door? He ignored me, so I asked again, but still he didn't answer. Once again, I said I wanted to resolve the matter and not spend all weekend in fear of having Bailiffs at the door or my car clamped and taken. I made it clear I simply do not have £500 at which point he said that ''as a disabled person I must have money?'' or ''be able to borrow it and stop him coming to take my possessions''. I reminded him that this ticket isn't actually in my name and that the V5 is with the DVLA being changed into my name. I also have a written, signed and dated bill of sale. He then said that unless I called with the money, by 8pm tonight, he would be back to take my car. He then hung up.

I have genuinely tried to sort this matter with Hammersmith council and have a letter that confirms this. I have a bill of sale, from when I took ownership of the car from my then partner. I will be going to Hammersmith on Monday but I feel threatened by the Bailiff. There's no way he knocked at my door today, yet I am being charged £250. All he did was leave his letter in the letterbox in a communal hallway. Can he come and take my car while my then partner shows as registered keeper? I have locked the car away in a garage so it's secure for now, but I'm unsure if this guy can come into my home as she used to live here? Do I have grounds to complain about his threats?

dacouch

1,172 posts

160 months

Friday 4th April 2014
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Which road was this on as one of the bus lanes by the Hammersmith gyratory does not comply with the legal requirements.

e21Mark

Original Poster:

17,740 posts

204 months

Friday 4th April 2014
quotequote all
dacouch said:
Which road was this on as one of the bus lanes by the Hammersmith gyratory does not comply with the legal requirements.
I'll check tomorrow - thanks

bltamil1

364 posts

175 months

Saturday 5th April 2014
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A few weeks ago? Are you sure about your timing?

I'm no expert, but it seems bit unlikely that bailiffs have been instructed to seize property over an unpaid bus lane contravention from a few weeks ago.

Who's name is on the bailiff's paperwork?

Voldemort

7,688 posts

309 months

Saturday 5th April 2014
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Park your car a couple of streets away from home until you get it sorted.

PIGINAWIG

2,339 posts

196 months

Saturday 5th April 2014
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Who re the bailiff company? Letter details etc? The offence must have been at least 6 months ago for Northampton bulk centre to issue a summons. Who's name on the warrant?
Bailiff name and number?

PurpleMoonlight

22,362 posts

188 months

Saturday 5th April 2014
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I don't believe councils need a CCJ to instruct bailiffs for driving infringements, but they don't do so after only three weeks as far as I am aware.

We are not being told the truth I fear.

e21Mark

Original Poster:

17,740 posts

204 months

Saturday 5th April 2014
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Marston is company name, but the chap wouldn't give his name and it's a mobile number. There are boxes to tick, as to when he will return, but they are left blank. What angers me is that I am being charged for yesterdays attendance, yet they didn't even knock at my door or push their letter right through my letterbox.

All paperwork is in my then partners name, which is why I didn't see the letter till a few weeks ago, when she finally collected mail. I immediately contacted Hammersmith, as I said before.

The bus lane in question is Shepherds Bush Rd, Southbound offside.

I don't dispute the fact that it was I who strayed into the bus lane, but it was unfortunate circumstances that stopped the ticket being paid in time. I tried explaining this to the Bailiff but he just repeatedly said I had to give him £500 or he would be attending to take the car/property.

I've locked the car away in a garage, till the matter is sorted.

I am not trying to escape payment all together, as I did stray into the lane.

PIGINAWIG

2,339 posts

196 months

Saturday 5th April 2014
quotequote all
Bailiff would have left his name on the paperwork. Contact the bailiff and find out the situation. If your car is registered to you and your name is not on the warrant, then he cannot levy on your car.
I'm unsure of hammersmiths' charging fees for Marstons, but the penalty is most likely £202 debt (no vat applicable) plus attendance to remove at £175+vat and a letter £11.20+vat. First visit fee of approx £56+vat.

Total approx £495. Sounds about right.........

e21Mark

Original Poster:

17,740 posts

204 months

Saturday 5th April 2014
quotequote all
PIGINAWIG said:
Bailiff would have left his name on the paperwork. Contact the bailiff and find out the situation. If your car is registered to you and your name is not on the warrant, then he cannot levy on your car.
I'm unsure of hammersmiths' charging fees for Marstons, but the penalty is most likely £202 debt (no vat applicable) plus attendance to remove at £175+vat and a letter £11.20+vat. First visit fee of approx £56+vat.

Total approx £495. Sounds about right.........
Just checked again and there's an 'agent number'.

First visit was yesterday, as far as am aware anyway. There have certainly been no other hand notes left to the contrary.

PIGINAWIG

2,339 posts

196 months

Saturday 5th April 2014
quotequote all
e21Mark said:
Just checked again and there's an 'agent number'.

First visit was yesterday, as far as am aware anyway. There have certainly been no other hand notes left to the contrary.
The fees applied are legal and within the regulations. If said bailiff left a letter then the above fees are correct. Expensive? Yes.
Why are you hiding your vehicle?

elanfan

5,527 posts

258 months

Saturday 5th April 2014
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You first need to check with Hammersmith the validity of their claim as per previous post.

Then (if you are liable) get them to call off the bailiffs - it is not your fault that papers were in wrong name initially and as such no bailiff charges should apply to you (council will have to pay that or waive per their contract with marstons).

Pay off the council as necessary.

Put a copy of the Bill of Sale in the window of the car and a note to Marstons that if they take the car you will call the Police for TWOC or Theft OH and photograph it as evidence.

NH1

1,333 posts

160 months

Saturday 5th April 2014
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They cant break into anything to take your stuff, they have to be invited in, if the car is in a locked garage that is also safe, be aware that they can climb over walls or through open or unlocked doors or windows.

However if the paperwork is not in your name then its nothing to do with you, they cant do anything but they will bully and intimidate you to get their money, they don't care. Stand up to them and nothing will happen, actually what might happen is if you lay just so much as a finger on him he will run crying to the police claiming assault, so film any contact with them. Best way is when he knocks on, ope your window and tell him to fk off and shut the window again.

The best thing that can happen now is for your (ex)? girlfriend to get in tough with the TEC and get an out of time declaration sorted, she needs to say she has only just become aware of the ticket because she moved out, its quite a hard process to to because the council will object etc but when done will reset the ticket back to notice to owner stage.

I think this is one for pepipoo.com

e21Mark

Original Poster:

17,740 posts

204 months

Saturday 5th April 2014
quotequote all
Thanks for the replies.

I will attend Hammersmith council on Monday with my bill of sale. (I hid the car as the DVLA still haven't returned my V5 and I was told as it still shows previous keeper the bailiff can take it?)

I've looked and there does seem to be some question over the legality of Shepherds Bush Rd Southbound Offside bus lane.

http://forums.pepipoo.com/index.php?showtopic=8711...

To be honest I found it a little overwhelming to try and decipher what is and isn't relevant? Mind you, if the original fine was simply put in my name, I would pay it.

NH1

1,333 posts

160 months

Saturday 5th April 2014
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I don't think they can take a car with a disability sticker anyway but thats probably not stopped them before, is the tax registered as disabled so he cant claim there was no badge on display. Hit him with the equalities act if he mouths off about the car again.

PIGINAWIG

2,339 posts

196 months

Saturday 5th April 2014
quotequote all
NH1 is spot on - they will not touch a tax disabled vehicle. As said, get an out of time witness declaration filled in. Available online to Northampton bulk centre.

e21Mark

Original Poster:

17,740 posts

204 months

Saturday 5th April 2014
quotequote all
PIGINAWIG said:
NH1 is spot on - they will not touch a tax disabled vehicle. As said, get an out of time witness declaration filled in. Available online to Northampton bulk centre.
Thanks chaps. Does the declaration have to be witnessed by anyone, or can she download and complete it herself?

PIGINAWIG

2,339 posts

196 months

Saturday 5th April 2014
quotequote all
Not sure - they're pretty easy to do though and full instructions will be available on the site. She should be able to do it on her own, although you're probably best to guide her.

dacouch

1,172 posts

160 months

Saturday 5th April 2014
quotequote all
e21Mark said:
Marston is company name, but the chap wouldn't give his name and it's a mobile number. There are boxes to tick, as to when he will return, but they are left blank. What angers me is that I am being charged for yesterdays attendance, yet they didn't even knock at my door or push their letter right through my letterbox.

All paperwork is in my then partners name, which is why I didn't see the letter till a few weeks ago, when she finally collected mail. I immediately contacted Hammersmith, as I said before.

The bus lane in question is Shepherds Bush Rd, Southbound offside.

I don't dispute the fact that it was I who strayed into the bus lane, but it was unfortunate circumstances that stopped the ticket being paid in time. I tried explaining this to the Bailiff but he just repeatedly said I had to give him £500 or he would be attending to take the car/property.

I've locked the car away in a garage, till the matter is sorted.

P.S Put "Hammersmith Bus Lane" in the title of your post so he can track it down
I am not trying to escape payment all together, as I did stray into the lane.
Which is exactly the bus lane which apparently does not conform to the legal requirements but they still issue tickets there.

I recommend you post on pepipoo, one of the posters on there Hippocrates really does not like this bus lane and will happily guide you through the legalities of it. http://forums.pepipoo.com/index.php?showforum=30&a...

waynedear

2,351 posts

198 months

Saturday 5th April 2014
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Pretty sure bailiffs can no longer climb through windows, a bailiff also told me their charges are now different ( he said as from today) loads of new rules and regulations.
They ( not all) still tell porkies and make threats which are simply bks