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DRO- Car parking fines

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  • wba31
    wba31 Posts: 2,189 Forumite
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    These should be included and dealt with by the DRO. only stuff that has been issued by magistrates (as previously mentioned) is excluded. Make sure you send the letters into your intermediary and make sure they include the debts on your forms for you
  • callyh26
    callyh26 Posts: 127 Forumite
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    Ok Thanks i will do, So what's the best way to deal with Jacobs now? Ignore them and just wait for DRO to go threw? When it goes threw i know they can still add interest etc but can they still harass me for the next year until it is actually written off? Thanks
  • sgtbush
    sgtbush Posts: 178 Forumite
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    if the council have issued the parking fine then its a proper parking fine, not one of the waste of invoice paper parking charge notices (ignor any of these anyway)
    yours are issued by the council under the TMA2004 ACT-- they are proper tickets and enforcable

    however, proper parking tickets can be included into a DRO
  • fatbelly
    fatbelly Posts: 20,789 Forumite
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    From the guidance notes:
    Fixed penalty notices or penalty charge notices issued on behalf of a local authority, including those in relation to the London congestion charge, are not fines for the purpose of section 150 of the Magistrates Act 1980. They should be treated as qualifying debts and will be released at the end of the moratorium period. This is applicable to the majority of parking fines.
  • callyh26
    callyh26 Posts: 127 Forumite
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    So these two fines can be included?
  • fatbelly
    fatbelly Posts: 20,789 Forumite
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    callyh26 wrote: »
    So these two fines can be included?

    Yes, but get it done quickly before they 'levy' on your goods and don't tell them you are going for a DRO.
  • debt_doctor
    debt_doctor Posts: 4,595 Forumite
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    Hi,
    Yes indeed, these are civil parking penalties and can therefore be included in your DRO. Once your DRO is approved I would write to the council and Jacobs informing then that they no longer have a remedy for the debt without leave of the court.

    DD
    Debt Doctor, Debt caseworker, Citizens' Advice Bureau .
    Impartial debt advice services: Citizens Advice Bureau Find your local CAB *** National Debtline - Tel: 0808 808 4000*** BSC No. 100 ***
  • callyh26
    callyh26 Posts: 127 Forumite
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    Ok well spoke to the "bailiff" after sending them a letter explaining am in the process of a DRO and was sent one bk basically saying to ring the actual bailiff and that full enforcement was in place. I rang him told him i couldnt pay was in process of DRO and he just said OK! Hmmmm dunno what to think as was expecting a fight but there's no car for him to take anyway and im just waiting on 4 creditor letters and a copy of my experian file then i can post my DRO paperwork to CCCS and the fee and should hopefully all be set up in the next month!!
  • fatbelly
    fatbelly Posts: 20,789 Forumite
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    fatbelly wrote: »
    Yes, but get it done quickly before they 'levy' on your goods and don't tell them you are going for a DRO.
    callyh26 wrote: »
    Ok well spoke to the "bailiff" after sending them a letter explaining am in the process of a DRO and was sent one bk basically saying to ring the actual bailiff and that full enforcement was in place. I rang him told him i couldnt pay was in process of DRO and he just said OK!

    You were lucky! When I've heard of this previously (and the reason I advised you not to do it) the bailiff has always said 'well I'd better get around and levy something then!'

    If they do manage to levy then they retain ownership of the goods after the DRO. And if they find goods that they say are worth in excess of £300 they can use this as evidence (which the DRO Unit might not accept) that you do not meet the qualifying conditions of a DRO.

    I always say that I'll let the bailiff know as soon as the DRO is accepted - let it be a nice surprise for them.

    fb
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