DRO- Car parking fines

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callyh26
callyh26 Posts: 127 Forumite
I am in the process of a Debt Relief Order. Although all my debt worries me i basically just get monthly demand letters. I do however have 2 car parking fines from last year and have been told they cannot be included in the DRO? Some web sites say they can and some not my advisor at CCCS was under the impression not but said magistrates fines which i wouldn't of said they are?? However they have been passed to Jacob's bailiffs i have sent the standard letter explaining my situation a token of £1 a month which i know is minimal but to be honest i cant even afford this! They have sent a reply this morning basically refusing my offer, and stating full enforcement action is now in place and i have to pay in full immediately!!?? I simply dont have the money or means to pay more, I have 2 small children and am 7 months pregnant and am sat in with blinds closed not daring to answer the door :-( Advice urgently needed! Thanks
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  • camuk81
    camuk81 Posts: 1,559 Forumite
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    Who are the fines from. If its the council they must be paid if its private parking Martin advice is to fight it
  • HappyMJ
    HappyMJ Posts: 21,115 Forumite
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    Who issued these car parking fines? Which court?

    If they are just parking companies then they can just be ignored anyway you wouldn't even bother including them in a DRO at all. They just go unpaid and they have the option of taking you to court which they will NOT do. Not paying an illegal parking charge does nothing at all to your credit rating.

    If they are penalties from the council they can also be ignored if you genuinely have no money.
    :footie:
    :p Regular savers earn 6% interest (HSBC, First Direct, M&S) :p Loans cost 2.9% per year (Nationwide) = FREE money. :p
  • HappyMJ
    HappyMJ Posts: 21,115 Forumite
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    camuk81 wrote: »
    Who are the fines from. If its the council they must be paid if its private parking Martin advice is to fight it
    And my advice if it a private parking firm is to completely ignore it. Nothing can be done.
    :footie:
    :p Regular savers earn 6% interest (HSBC, First Direct, M&S) :p Loans cost 2.9% per year (Nationwide) = FREE money. :p
  • callyh26
    callyh26 Posts: 127 Forumite
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    They were issued by Calderdale Council, Not a court so seems strange i cant include them when i can include council tax arrears??
  • HappyMJ
    HappyMJ Posts: 21,115 Forumite
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    callyh26 wrote: »
    They were issued by Calderdale Council, Not a court so seems strange i cant include them when i can include council tax arrears??
    Just penalties then...nothing serious. When you get the DRO through write the council a letter asking them to write the penalty off. Do they have a charge certificate?
    :footie:
    :p Regular savers earn 6% interest (HSBC, First Direct, M&S) :p Loans cost 2.9% per year (Nationwide) = FREE money. :p
  • callyh26
    callyh26 Posts: 127 Forumite
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    Calderdale Council! Seems odd they couldnt be included if council tax arrears can! They haven't been issued by a court but the council
  • callyh26
    callyh26 Posts: 127 Forumite
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    One i just have a letter from council which is a Notice to Owner just saying to pay £105. The other is from Jacob's baileffs saying they have been passed the debt? What's a charge certificate? Im going to send them to CCCS anyway as the guy didnt seem 100% sure if they could or couldnt be included so gonna try anyway! Either way i cant pay anymore than a £1 a month and have no car to take it was scrapped months ago, and i understand as long as i dont invite them in they cant take anything??
  • HappyMJ
    HappyMJ Posts: 21,115 Forumite
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    callyh26 wrote: »
    One i just have a letter from council which is a Notice to Owner just saying to pay £105. The other is from Jacob's baileffs saying they have been passed the debt? What's a charge certificate? Im going to send them to CCCS anyway as the guy didnt seem 100% sure if they could or couldnt be included so gonna try anyway! Either way i cant pay anymore than a £1 a month and have no car to take it was scrapped months ago, and i understand as long as i dont invite them in they cant take anything??
    Make an appeal. It's highly likely after looking at Calderdale's website http://www.calderdale.gov.uk/transport/parking/fines/ that they think it's a fine and call it a fine when it is NOT a fine so it highly likely the penalty is invalid. Once they issue a Charge Certificate and it goes unpaid and they then go to court to get it enforced it can then be written off. At the moment it's still available for you to appeal and have no penalty outstanding.
    :footie:
    :p Regular savers earn 6% interest (HSBC, First Direct, M&S) :p Loans cost 2.9% per year (Nationwide) = FREE money. :p
  • fermi
    fermi Posts: 40,546 Forumite
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    Penalty charges that go through the county courts can be listed and included in a DRO.

    Can't remember whether it makes a difference if it's actually been passed to bailiffs for these, but I don't think it does.

    There are several DRO intermediaries who post on here. I'll see if they can comment on that and give you a definite answer.
    Free/impartial debt advice: National Debtline | StepChange Debt Charity | Find your local CAB

    IVA & fee charging DMP companies: Profits from misery, motivated ONLY by greed
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