Parking fine - Priority debt?

charitycase

Hi,
I have an unpaid parking fine from last year (I think it's approximately £150 now with all the additional charges that the Council and various debt collection companies have added on!) which has been sent to "EQUITA Certificated Bailiffs". They have sent me a 'REMOVAL NOTICE' to my previous address, which was forwarded to me by the kind landlord.
ON 11-11-13, Equita sent a letter mentioning a Warrant of Execution. On 12-11-13, they sent the Removal Notice.

My questions:

1. Do I have to call EQUITA and give them my new address? (I'd prefer not to have people calling round and carrying off my TV, fridge, etc.!)
2. Does this qualify as a priority debt because it is owed to the Council?
3. Do bailiffs normally accept payment in installments?

Thanks for your help..

:undecided

National_Debtline

charitycase wrote: »

Hi,
I have an unpaid parking fine from last year (I think it's approximately £150 now with all the additional charges that the Council and various debt collection companies have added on!) which has been sent to "EQUITA Certificated Bailiffs". They have sent me a 'REMOVAL NOTICE' to my previous address, which was forwarded to me by the kind landlord.
ON 11-11-13, Equita sent a letter mentioning a Warrant of Execution. On 12-11-13, they sent the Removal Notice.

My questions:

1. Do I have to call EQUITA and give them my new address? (I'd prefer not to have people calling round and carrying off my TV, fridge, etc.!)
2. Does this qualify as a priority debt because it is owed to the Council?
3. Do bailiffs normally accept payment in installments?

Thanks for your help..

:undecided

Hi charitycase

Answers to your specific questions first of all:

1. Strictly speaking, no you don't. However this will mean that Equita could continue to visit the previous address, and it's conceivable that your ex-landlord might get fed up one day and provide your new details to them.

Even if the bailiffs do visit your current address, they have no powers to force entry, so the prospect of your fridge being lugged away is remote. If you still own a vehicle, however, you would be well advised to park it a safe distance away from the property so the bailiffs can't identify it and carry out a "levy" on it.

2. The fact that it's owed to the council doesn't in itself make this a priority debt. However the fact that it is already with bailiffs means you should look to address this as soon as possible. Bailiff fees are capped (see our fact sheet below for more info) but you don't want to have to spend any longer dealing with them than necessary,

3. A bailiff's default response to your first offer (unless it's immediate payment in full) will typically be a firm NO. However that doesn't mean you can't offer the payments anyway and if refused, try to pay online via the Equita website; failing that, stick to your offer and keep the money to one side until the bailiff relents or returns the debt to the council, then pay them directly.

I recommend that you read our fact sheet on parking penalties:

http://www.nationaldebtline.co.uk/england_wales/factsheet.php?page=33_parking_penalties_in_the_county_court

Kind Regards

Dennis @NDL

charitycase

National_Debtline_representative wrote: »

Hi charitycase

Answers to your specific questions first of all:

1. Strictly speaking, no you don't. However this will mean that Equita could continue to visit the previous address, and it's conceivable that your ex-landlord might get fed up one day and provide your new details to them.

Even if the bailiffs do visit your current address, they have no powers to force entry, so the prospect of your fridge being lugged away is remote. If you still own a vehicle, however, you would be well advised to park it a safe distance away from the property so the bailiffs can't identify it and carry out a "levy" on it.

2. The fact that it's owed to the council doesn't in itself make this a priority debt. However the fact that it is already with bailiffs means you should look to address this as soon as possible. Bailiff fees are capped (see our fact sheet below for more info) but you don't want to have to spend any longer dealing with them than necessary,

3. A bailiff's default response to your first offer (unless it's immediate payment in full) will typically be a firm NO. However that doesn't mean you can't offer the payments anyway and if refused, try to pay online via the Equita website; failing that, stick to your offer and keep the money to one side until the bailiff relents or returns the debt to the council, then pay them directly.

I recommend that you read our fact sheet on parking penalties:

http://www.nationaldebtline.co.uk/england_wales/factsheet.php?page=33_parking_penalties_in_the_county_court

Kind Regards

Dennis @NDL

Hello Dennis,

Many thanks for your advice regarding this matter.
Having read the fact sheet on parking penalties, I'm afraid I have more questions!
As far as I can tell, the local council have not followed the sequence as indicated in the fact sheet. I had numerous phone calls regarding these parking fines, and I had informed the caller about my situation (unemployed, no benefits, no other income and no assets except for the car, which is on a hire purchase).
The phone calls, however, continued for months after which they stopped altogether. The next I hear about these fines is the notice from the bailiffs dated earlier this month!
On speaking with the council yesterday, I learned that there are two parking fines issued against me, both of which have been handed over to bailiffs. They say that they are unable to tell me how much is owed. The bailiff's letter states nothing whatsoever about the amount owed.

My questions:
1. Can I write to the council to consider my circumstances and give me more time and/or accept payment in installments?
2. Can I formally ask the bailiffs agency to not contact me or harass me with threatening letters?
3. Is there any relevance to the fact that all the items within my house have been bought by my wife? Can the bailiff still recover such goods although they do not belong to me?

Again, I thank you for your guidance in this matter.

(Bit long-winded, I realise, but I felt that clarity was essential.)

National_Debtline

Hi Charity, it's David responding.

charitycase wrote: »

1. Can I write to the council to consider my circumstances and give me more time and/or accept payment in installments?

You can certainly try. In fact so long as the bailiff doesn't get in to the property (or make a levy on any assets which are outside that belong to you) they will, at some point, pass the file back anyway - it's jus ta question of when that might be.

2. Can I formally ask the bailiffs agency to not contact me or harass me with threatening letters?

It's unlikely that you'll succeed. If you keep the property secure, doors & windows locked the bailiff can only badger you with letters and telephone calls. If the car is on HP, it belongs to the finance firm - as such the bailiff cannot touch it. You should keep it away from the property if at all possible, though, as sometimes bailiffs will try and implicate the vehicle.

3. Is there any relevance to the fact that all the items within my house have been bought by my wife? Can the bailiff still recover such goods although they do not belong to me?

Please don't let them in. They can only levy on those goods if they get in to the property peacefully. As far as your wife's goods are concerned you can either provide receipts to prove ownership or you can have a 'statutory declaration' drawn up by a solicitor or justice of the peace stating that those items are not yours. Hopefully this is all academic as you will ever let them in to the property.

DO write to the bailiff requesting a full breakdown of their fees and charges, bailiffs frequently mislead people as to the amounts they can charge.

Feel free to ask as many questions as you need. Dennis and I are usually floating around!

Best wishes,

David.