Help please!

rebeccag2b

I got a parking ticket from Bromley Council and phoned them to say I couldn't afford to pay the ticket in full and would they accept installments. They turned me down flat and advised me that the fine would increase to £180 before being sent to an enforcement agency who would then agree a repayment arrangement with me.

They passed the debt to JBW Debt Enforcement who sent me notification through the post. I phoned them to make an arrangement but they advised that the case had been passed to the courts and that even if I had the amount in full they wouldn’t be able to do anything for me at that time. They said to expect a letter through the post warning me that they were going to be taking action (ie removing my car) or someone would just turn up and tow my car. Obviously I’ve been beside myself with worry since then waiting every day for someone to come and take my car. That was 4 weeks ago. I phoned them again this morning and asked if I could make an arrangement, they said they didn’t take instalments and that basically if I couldn’t pay they were going to take my car.
My kids and I are reliant on my car and can’t do without it, my daughter goes to school 6 miles away, what am I going to do!?? I am too poor to pay it all, unless I don’t pay my mortgage but that isn’t really a viable option. Advice please.

pogofish

Can you get the ticket and all other paperwork fully scanned-up (with personal details removed o/c) so those who know the legallities can give an opinion? See the sticky threads at the top of the forum for more info.

For the recovery side of things, there is plenty of advice here:

http://www.bailiffadviceonline.co.uk/
(they will probably be along in person soon too)

See that they are all they claim to be and are following the proper procedure. Many don't.

You also need to get an inventory of seizable goods together and take steps to protect the ones important to you.

Neil_B

Ok Rebecca. take a deep breath cos it ain't good news - but I'll make a couple of suggestions.

What bromley did is probably legal but outrageous. They know full well that once JBW get hold of it they will do everything they can to add on charges for visits, letters, etc that just keep increasing.

What JBW have then done is to make sure it goes to Northampton TEC (the Court) so they get a warrant and are in a serious position of power to add those charges.

Even if they did accept instalments it will be on a significantly larger amount.

This is disgusting behaviour with the Council and JBW acting jointly to stuff you.

---

ok firstly - see the link pogofish posted above. there may not be too much you can do but that is definitely the best source of advice.

You could also maybe send a PM to 'Herbie21' on this forum. I hope she doesn't mind me saying so but this is a nasty case. She is an expert on bailiffs.

If you live in bromley then i strongly suggest you immediately get in touch with your local Councillor and get some support. the Council will know who it is and contact details.

good luck with it. Do everything as quickly as possible even though it is very worrying.
-

naijapower

Yes, it is a good idea to speak to your local councillor. They can throw their weight and assist you greatly

DCodd

Not sure what the resident experts think but as the local elections are on 4th June, Contact the local paper as well as the Councillor and state as you have here that you asked for "Mercy" and a way to meet your obligations and Council said TOUGH we will screw you for all we and JBW can get!

It may be legal but public employees are being judged on their Morals at the moment. After all you are only trying to do the right thing by them!!

Any Local paper worth its salt will publish.

Neil_B

DCodd wrote: »

Not sure what the resident experts think but as the local elections are on 4th June, Contact the local paper as well as the Councillor and state as you have here that you asked for "Mercy" and a way to meet your obligations and Council said TOUGH we will screw you for all we and JBW can get!

It may be legal but public employees are being judged on their Morals at the moment. After all you are only trying to do the right thing by them!!

Any Local paper worth its salt will publish.

I agree.

Also note that if JBW are operating a partial or full enforcement service for the Council (they do elsewhere I believe) then the senior Council bods will know nothing about this behaviour at all. They may well be very shocked and embarassed.
On thing people don't realise is that it is 'possible' in such circumstances that the original refusal to accept instalments - apparently the Council - wasn't the Council at all!

Coblcris

Has this case gone to the TEC at all ? I suspect that the council has stepped out of the enforcement process before that stage and that JBW are operating as mere debt collectors. they do this for a lot of councils. Nothings in the regulations forces the council onto the next stage and and many councils are going this route to save the expense of filing with the TEC - but that leaves JBW as 'powerless' debt collectors.
If it hasn't gone to the TEC then installments would seem possible - from a logicalpoint of view that is. Has there been a charge certificate ? Phone the TEC and see if they have issued a warrant. if they have not and JBW are telling you they they operating in your case with bailiff's powers to get this money then they are laying and should be reported for it as that is quite a serious thing to do - record all calls to and from JBW from now one. Tthe councils who do this will know all about what happens at JBW, it will be in the contract they signed with JBW - although the claiming that it is a bailiff issue when it is not is probabkly not in the contract. That is is why the calls need to be recorded. As there do not seem to be any bailiff fees in the amount be claimed then I believe this is a case of JBW operating as a debt collectoir but claiming that they have bailiff powers, not without a warrant they don't. They can't clamp your car without the warrant. The problem for the victim is that if the warrant gets issued then your costs go up so its a hard one to face down when you are a victim, Which is why the play hardball like this. But of JBW are not scrupulously honest in their communications with you you should have at them. If or as you get them to admit it has not gone through the court then ask why a payment plan is unnaceptable rather than jusy accepting a blank refusal. I don't know if they will change position on that though but verifying it woth the TEC first will give you some weight and show that you know what is actually going on.

Neil_B

I agree that on the basis of the amount mentioned it is not yet registered at TEC - but we don't know when that was said?

JBW have claimed it has been forwarded to TEC so maybe OfR is imminent.

good idea from coblcris to phone TEC to get the real current situation.

---

I do hope this is not gonna be another 'ostrich' case. I still can't understand when people post on an urgent matter why they see no urgency in acknowledging the comments made - so we know whether any clarification is needed.

If it is gonna be another blank i'm gonna throw a wobble!

rebeccag2b

Thank you all for the great advice. I'm going to try and get in touch with the local councillor and follow some of the other tips. I'll let you know how I get on, hopefully all is not lost yet.

rebeccag2b

pogofish wrote: »

Can you get the ticket and all other paperwork fully scanned-up (with personal details removed o/c) so those who know the legallities can give an opinion? See the sticky threads at the top of the forum for more info.

For the recovery side of things, there is plenty of advice here:

(they will probably be along in person soon too)

See that they are all they claim to be and are following the proper procedure. Many don't.

You also need to get an inventory of seizable goods together and take steps to protect the ones important to you.

Brilliant website. Do you think that if I transfer the car to my boyfriends name I'll be able to prevent them from towing it? I don't have a scanner but once I get access I'll get straight on getting those docs to you.

Neil_B

I don't see transfer of RK being of any use.

get on with the other stuff and as quickly as you can when everything open on Tuesday. You have very little time.

move the car. be aware they may still find it using ANPR. Do not open the door to bailiffs. keep windows closed!
-