Bailiffs re a motoring ticket

king100

Honest_broker07 wrote: »

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

If the bailiff is collecting an unpaid Magistrates Court Fine, he will have been provided with a Clamping Order issued under the Courts Act 2003.
This means that the bailiff must first check that the vehicle that he is intending to clamp, is the one identified in the Clamping Order. He cannot clamp a vehicle that is not in the name of the defaulter and the Clamping Order will specify the number plate of a vehicle that according to DVLA is owned by you. Only this vehicle can be clamped.
The Bailiff cannot clamp or immobilise a vehicle either displaying a valid Disabled Badge or, where there are “reasonable grounds to believe that the vehicle is used for the carriage of a disabled person”. See the Statutory Regulation below for confirmation of this.
Clearly, therefore the bailiff will clamp first…ask questions later. Their Contracts make it clear that the vehicle shall remain “where it has been clamped” for a maximum of just 24 hours before being moved to a secure location and that the vehicle will only be released from the clamp if payment is made, in full, within 4 hours to the bailiff companies offices or just 2 hours if payment is made to an “authorised person”. As the additional charges for towing and storage are very high indeed, we believe that this time frame is very unfair indeed and we are seeking further clarification on this.
If the bailiff has not carried out the Clamping Order, he must return it back to the court within 60 days of receipt. This period can be extended by a further 30 days making a maximum of 90 days but only with the prior approval of the Court. However, this will only be given if the bailiff can demonstrate that an extension will enable him to trace the defaulter and either their vehicle, or that full payment and costs can be made.

I think you have to pay the £75 for costs but most definitely not the £90 fine again.

Have you a receipt for court stating you paid fine?

king100

Honest_broker07 wrote: »

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

lol no tell him you have paid the fine and all he is entitled to is his £75 cost.

You will never see that £90 again.

king100

Tell him he must check with the courts, otherwise it will be fraud and that you will make a formal complaint to the court.

Call the court and advise them you have no problem paying the bailiff fees, but the bailiff is still looking for the £90 fine.

hallowitch

send the bailiff firm the £75 admin fee ASAP by cheque recorded delivery or through there on-line payment facility if you have a reference number
inform them that you paid the fine direct to the court therefore the balance is there admin fee


if you don't pay it the bailiff could turn up at your door and you will incur a further fee of £200 that you will have to fight to get removed

Honest_broker07

Hallowitch, King100

Thanks for the help, Have spoken to the court, they've not yet paid the money over to the Bailiff ( !!!!!! ) and the Website is down.
Strangely they are giving me almost the same info as you to if I don't pay another £200 will be added !

I'm just so upset that a simple thing is costing me a fortune

I also think I will write to my MP re this

hallowitch

OK this is the 3rd time Ive wrote this (flaming laptop)

send an e-mail to the court for the attention of the court manager outline what you have said on here
paid fine date
bailiff letter date
tried to pay admin fee date bailiffs would not accept as they have no knowledge of fine being paid therefore they wont accept the admin fee you must pay in full and reclaim £90 from court

you phoned the court on date who informed you that fine has not been sent to bailiff firm
you tired to pay on-line bailiff web site down
therefore you wont be responsible for further bailiff cost due to the courts lack of admin

phone the court and ask who the court manager is (then you can address complaint to them ask them if the courts service level agreement with the bailiffs firm allows them to spread payments over a 6 month period (if it does they cant argue all or nothing they should have accepted your £75 ) ask the court if a subject access request regarding this matter has to be done by letter or can it be done on-line do they charge a fee for this information

Mimi_Arc_en_ciel

Honest_broker07 wrote: »

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

stop talking to them on the phone - They will try and manipuate you and cause added stress.

Do you have proof you have paid the fee? Can you email it to the baliffs & court?

Honest_broker07

Have an online receipt , and the court accept I've paid

however the bailiffs say they've not been told I've paid, the courts now tell me they'll tell the Bailiffs today.

hallowitch

Honest_broker07 wrote: »

Have an online receipt , and the court accept I've paid

however the bailiffs say they've not been told I've paid, the courts now tell me they'll tell the Bailiffs today.

get the formal complaint sent to the court today you can bet your boots because they know you are trying to pay it you will have a bailiff visit (£200 fee) tonight or tomorrow