Bailiffs re a motoring ticket

Honest_broker07

OK I was a Naughty boy and got a ticket for failure to display a tax disc.

I sent the payment off, but my cheque was returned, as it took the post office 3 weeks to deliver it.

The next letter refers to a completely different vehicle ( registration mark ) and I then disputed that I should pay, but was told that "a clerical error" does not invalidate the ticket.

On the 15th Spetember I decided I had to pay and paid online at the courts service website.

Today I have a letter from Phillips Bailiffs ( undated and no date stamp on the envelope ) demanding not only the £90 fine but a further £75 costs.

the letter also clearly states

"The Bailiff may force entry to your premises to execute this warrant ( under the DVCV act )" - I didn't think Bailiffs could do this

I've phoned the court they tell me yes I don't have to pay the £90 but I do have to pay the £75 Bailiffs fee.

Advice Please

king100

Honest_broker07 wrote: »

OK I was a Naughty boy and got a ticket for failure to display a tax disc.

I sent the payment off, but my cheque was returned, as it took the post office 3 weeks to deliver it.

The next letter refers to a completely different vehicle ( registration mark ) and I then disputed that I should pay, but was told that "a clerical error" does not invalidate the ticket.

On the 15th Spetember I decided I had to pay and paid online at the courts service website.

Today I have a letter from Phillips Bailiffs ( undated and no date stamp on the envelope ) demanding not only the £90 fine but a further £75 costs.

the letter also clearly states

"The Bailiff may force entry to your premises to execute this warrant ( under the DVCV act )" - I didn't think Bailiffs could do this

I've phoned the court they tell me yes I don't have to pay the £90 but I do have to pay the £75 Bailiffs fee.

Advice Please

Lol losers.

So they told you you need to pay for bailiffs even though you paid the debt off on the 15th September?

Honest_broker07

Yep

the inference from the court was that it was a penalty for not paying

king100

Not sure if the correct way to approach this, did the court inform you on when the bailiff received the warrent to collect. eg the date needed.

If you paid before the bailiff received the warrent then you pay nothing, its not your fault the court didnt onform the bailiff of the account being closed.

If you paid ater the bailiff received the warrent, I think that you will need to pay the fine.

Thats my understanding. Although Im not to ggod on tax disc fines.

I will PM halowitch and see what she says.

Honest_broker07

The court tell me it took 12 days from me paying to them knowing but also say they passed it over before I paid, my arguement is that it's over 4 weeks since I paid, so to get a bailiffs letter now seems inappropriate.

Anyone know what the DVCV act is and can they really force entry

a quick google brings up my thread at the top ( snigger )

but does say they have the right to enter for an unpaid magistrates court fine, but the courts are saying it's paid

Mimi_Arc_en_ciel

king100 wrote: »

If you paid ater the bailiff received the warrent, I think that you will need to pay the fine.

QUOTE]

Of course OP will not have to pay twice. The court can pull the debt back from the baliff

Does anyone have one of the template letters OP can use to send to the baliffs?

king100

mommyme wrote: »

king100 wrote: »

If you paid ater the bailiff received the warrent, I think that you will need to pay the fine.

Of course OP will not have to pay twice. The court can pull the debt back from the baliff

Does anyone have one of the template letters OP can use to send to the baliffs?

If the bailiff had received the warrent before the OP had paid they are entitled to charge their fees. They have a set contract with the courts and this would be their fee.

Bailiffs can charge for a number of different things including fees for making visits to your home, removal costs, administration costs and so on. The Court Service has national contracts with a few private bailiff firms to collect fines. They have made an agreement with each firm about how much they are allowed to charge.
So if they received the warrent on the 10th Sept they can charge a set amount £75 in this case for admin fees if they want dependant on what their contract says. He would therefore need to pay these costs.

Honest_broker07

But they tell me I have to pay the whole £165 or they will enter the property by force

king100

Honest_broker07 wrote: »

But they tell me I have to pay the whole £165 or they will enter the property by force

No no, you paid the £90 to the court and have proof.

This is what I believe.

If you paid the fine before the bailiffs were instructed then you just have to pay £90.

If you paid after the bailiffs were instructed they can come after you for there fees, in this case £75.

Do you have a receipt from the courts stating you have paid the fine.

Its not your fault that they sent the bailiffs after you paid them, an admin error that you are not liable for.

You need to find out from the court when the bailiff firm was instructed to collect this debt, and hope thats its after the 15th.

Honest_broker07

The guy at the court told me it was the 9th September they were instructed, I on the otherhand find it hard to believe these people have hung onto it for over a month before sending a letter !

I suppose it's me V's the Courts and the little man can't win

But surely the court should have informed them before now I'd paid the original debt

Honest_broker07

on the Phone now they insist the full £165 must be paid and I'll get a refund in due course