Fine increased over weekend when we couldn't pay

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Rick
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Joined: 05 Jun 2017 23:01

#1 Fine increased over weekend when we couldn't pay

Post by Rick » 05 Jun 2017 23:09

Hi guys.

So my wife got a parking fine in London. We didn't receive a letter for it and there wasn't anything left on her motorbike. It ended up going to a collection agency and increased to 278 pounds. We appealed it and the council it was it on hold u til they looked into it and would be notified on 31st may. We were told on 31st of may that it was rejected so we went onto the site to pay and it wouldnt let us. Just said to call this mobile number....which we did and no answer. We got an email this morning that bailiffs were round and call this number. We called right away and the baliff said the fine had gone up to 550. Said it had gone to court and q warrant was out. This was in the space of 5 days and over a weekend. We felt we had to pay as he was threatening us with taking our stuff. Can we appeal even though we have paid. We agreed to pay the 278 but to add that much more for a payment we tried to make over the weekend. He kept saying.....you could have done a bank transfer. Any help welcome!!!

Rick
Posts: 3
Joined: 05 Jun 2017 23:01

#2 Re: Fine increased over weekend when we couldn't pay

Post by Rick » 06 Jun 2017 00:06

By the way we are on holiday in USA hence the flag....but live in London

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Schedule 12
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#3 Re: Fine increased over weekend when we couldn't pay

Post by Schedule 12 » 06 Jun 2017 10:57

We got an email this morning that bailiffs were round and call this number. We called right away and the baliff said the fine had gone up to 550. Said it had gone to court and q warrant was out. This was in the space of 5 days and over a weekend.

Its not legally possible for a PCN to go from the date of the warrant to the bailiff attending in 5 days.



Paragraph 7.1 of Schedule 12 of the Tribunals Courts and Enforcement Act 2007 states:

  • 7(1)An enforcement agent may not take control of goods unless the debtor has been given notice.

    • (2)Regulations must state

      (a)the minimum period of notice


Regulation 6 of the Tribunals Courts and Enforcement Act 2013 states:
  • Minimum period of notice

    • 6.—(1) Subject to paragraph (3), notice of enforcement must be given to the debtor not less than 7 clear days before the enforcement agent takes control of the debtor’s goods.

      (2) Where the period referred to in paragraph (1) includes a Sunday, bank holiday, Good Friday or Christmas Day that day does not count in calculating the period.



You can sue for breach of schedule 12 and recover all the fees. Regulation 3 of the Taking Control of Goods (Fees) Regulations 2014 states:

  • Application of these Regulations
    • 3. These Regulations apply when an enforcement agent uses the Schedule 12 procedure.
    [/i]
Run this Checklist. If no joy, then we'll fix it
Author: dealingwithbailiffs.co.uk

Rick
Posts: 3
Joined: 05 Jun 2017 23:01

#4 Re: Fine increased over weekend when we couldn't pay

Post by Rick » 06 Jun 2017 22:07

Thanks for your advice. I have called them today and they said the appeal was negative and they were notified on the 19th may of courts decision but the appeal period was lifted on the 31st. Bailiffs were sent on 5th.....a Monday. We tried to pay and the site didn't allow us. Number they said to call didn't answer.

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Schedule 12
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#5 Re: Fine increased over weekend when we couldn't pay

Post by Schedule 12 » 06 Jun 2017 22:27

If you are in america, there is not alot the bailiff can do.

If the PCN car is visible, they will target it. Get a neighbour to move it to a private driveway, Not your driveway.
Run this Checklist. If no joy, then we'll fix it
Author: dealingwithbailiffs.co.uk

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