Council Car Parking Ticket - Debt Collection

genuinegal21

Hi there,

Would appreciate your help

I received a letter from a debt collection agency regarding an old car parking ticket (was issued to me back in december and it was written out right in front of me despite me politely asking the attendant not to).

The Debt Collection agency said that the council have obtained a warrant from the courts and HAVE to take payment in full.

The amount is £125.

I am a full time student, no job, and have £200 a month to last me 3 months unless i get a job. They said they can not take installments.

Can they legally enforce this, or should I take it up with the council? I need to know what my legal rights are so I can quote them to the council...

I am willing to pay in installments.

Many thanks!

Emma

give_them_FA

Sounds odd... normally Councils go straight to bailiffs. Will need more details, Emma. Which Council? Who is the "debt collector"? And did you get all the paperwork following the issue of the ticket? To have got this far it seems like you must either not have received the forms, or ignored them...

Will need the details to unravel it...

vax2002

Can you write up some details what is contained in this letter ?
Who does it claim you owe the money to, where were you when it was written out.
Where does it ask you to send the payment, as said this does not ring true.

genuinegal21

Hi there,

Many thanks for your response, and apologies for the lack of clarity.

It was my boyfriend's car I was driving (I was registered on the car also).
I was parked in a car park that is free (well known in the City and spaces are very difficult to get). So I parked on a paved area, which was part of the car park. There were no yellow lines, it was just a paved space between one car parking space and another.

Myrtle Street Parade, Liverpool - paved area where large bins are located and telephone box.

The ticket was issued to me as soon as i noticed the car parking attendant, and i begged as politely as possible but he still issued me a ticket there and then.

Obviously I was aware I was then meant to pay it, but didn't unfortunately. Boyfriend received another letter a few months letter from the council, so i telephoned them saying i'd pay it, but didn't have the money at the time and promised to pay at a later date.

That went and passed and now I have a letter from Newlyn stating the following:

NOTICE OF SEIZURE

We have been instructed by Liverpool City Council to recover the above penalty by way of distraint action. Should you fail to contact us immediately with your proposals to discharge the debt, our BAILIFF will attend at your premises with a REMOVAL VAN and porter without further notice.

CERTIFIED BAILIFF.

I have heard that they are not bailiffs, just a debt recovery firm (so i have read on the forums).

When i telephoned them, they said the court had obtained a warrant from the courts (what warrant?), and I have to pay in full, I can't pay in installments.

I know it was my boyfriend's car, and he sold the car a month after the ticket was issued.

So it is my responsibility, but the truth is I can't afford to pay it all at once.

I do not know the process involved in terms of warrants, orders, judgements - can anyone explain this to me please? I'd be happy for this to go to court, so they can see I only have £200 in my bank, no job, and im a student living in a houseshare.

I really appreciate your advice alot!

Emma (mature student of 31)

give_them_FA

Who was the registered keeper, you or him? It cannot be both of you. Newlyn's are bailiffs as well as debt collectors.

vax2002

If you have a brass neck, if you ignore the Baliffs 3 x thats the game over

genuinegal21

Apparently there was a letter from the Traffice Enforcement Centre issued between the council's letter and Newlyn's (just spoke to the council). My boyfriend never received this (i am sure he would have let me know). I am now on the phone to TEC, not sure how this is going to turn out...

I definitely have a brass neck, lol, so what happens if Newlyn can't get access to my house (well it will be my boyfriend's ), does the debt go back to the council?

give_them_FA

I'm puzzled as to why they have written to the BF but tried to enforce on her. That sounds odd as it should be the RK throughout and not the driver.

Yes true, if you don't buckle to their threats and refuse to let them in they will give up after 3 visits, usually. Another crowd who live by bluff and bluster.

genuinegal21

He was the main registered keeper, I was on the insurance...

give_them_FA

So are you now saying all the stuff is in the BF's name and not yours?

vax2002

Somebody has filled something in and signed your name.
Sorry, but they have...