Council Parking Ticket - Court action threat

XEO25

Hello, I'm looking for some advice on my situation with the council and several parking tickets.

I have £1400 worth of parking tickets which I aquired last year. The council agreed that I could set up a payment plan as I was unemployed and in receipt of JSA. The payment plan said I would pay £20 per month until the debt was repaid.

I sent them a £60 postal order in October last year to cover the months of October, November and December. I did the same in January to cover the months of Jan, Feb and Mar and the same in April for the next 3 months which would bring me up to June.

I got a letter from the council a few days ago saying they had cancelled my payment plan because they hadn't received my last payment (£60 for April, May and June). I've explained that I've been sending them postal orders and this one had obviously been lost in the post. Had they contacted me at the time, I would have still had the reciept for the letter and would have been able to track it. Insted they contacted me 3 months after the payment had been missed and I no longer have proof of postage.

I've explained all of the above to them and also that I'm currently unemployed and can not afford to pay £1440 in one lump some. I've offered to repay what is owing, £60, and continue with the payment plan, but they have refused this. They've said the fines will continue to rise until I pay the full balance. If I fail to pay the full balance I will be either taken to court or visited by a bailif.

I have a few questions if someone can help...

1) what should be my next course of action?

2) if this goes to court, will I be given a CCJ? I've heard I won't because I haven't actually borrowed any money and it also shouldn't appear on my credit rating. Is this true?

3) Is there anyway to avoid the court/baliffs? Surely if they see I am not in a possition to be able to pay this amount, and I'm offering to pay £20 towards the debt, they should accept this?

Thanks to anyone who can help.

halibut2209

If that is all you can genuinely afford to pay, then let em take you to court. You can't get a CCJ unless you don't pay what the court says. Tell the court you can only afford £20 a month and have offered this to the council. Council will probably get a slap on the wrist for trying to take it further

XEO25

halibut2209 wrote: »

If that is all you can genuinely afford to pay, then let em take you to court. You can't get a CCJ unless you don't pay what the court says. Tell the court you can only afford £20 a month and have offered this to the council. Council will probably get a slap on the wrist for trying to take it further

Thanks for your reply. I wasn't sure that's how CCJ's worked, but I'm glad to hear it.

Can you tell me when the bailifs come in to play then?

Also will they do anything to the car which received the tickets? It's my mums car you see. The council are aware of this and the tickets and debt are in my name, not my mums. I don't live with my parents either, is their house and car safe from all this?

Thanks again

Gordon_Hose

Bailiffs would be appointed if you fail to pay. But the creditor would have to go back to court.

esmerobbo

Was the £1400 enforced by a charge certificate from TEC Traffic Enforcement centre Northampton?

XEO25

esmerobbo wrote: »

Was the £1400 enforced by a charge certificate from TEC Traffic Enforcement centre Northampton?

No, it was my local council. Does that make any difference?

esmerobbo

If they wont reinstate your payments they will go to TEC. You can find out what happens here.

http://www.hmcourts-service.gov.uk/cms/tec.htm

It works differently from a normal county court claim.

F A Q,s here http://www.hmcourts-service.gov.uk/cms/1043.htm

A TEC enforcement is not registered as a CCJ in the normal way so wont show on your CRF.

XEO25

After several emails back and forth, they are refusing to reinstate the payment plan and are insisting that the debt will continue to rise if the full balance is not settled.

Surely they can't do this? I have no way of paying, it's not fair to let the debt increase, is it?

halibut2209

I THINK that as you've made an offer to pay, should it go to court that they may say that any increases after that offer would be discounted. But please do not quote me on that.

muckybutt

I would suggest you get in touch with your local CAB first thing tomorrow and seek advise from them re the council's attitude.

HappyMJ

The last thing they do is send in the bailiffs. If you can prove to the bailiff you cannot pay then that is the end of it. They won't bother chasing nothing. You won't get a CCJ. You won't go to court. Nothing further happens.

As you are on JSA I wouldn't even be offering what you have been it's too high. I have outstanding court fines of about the same amount and they are being paid back at £10 per month.