Bailiff for unpaid PCN’s

Stop or Suspend Enforcement. Appeal the PCN. Claim Damages for Unlawful Interference with Vehicles.
Post Reply
notyoursmiler
Posts: 8
Joined: 01 Nov 2017 06:29

#1 Bailiff for unpaid PCN’s

Post by notyoursmiler » 01 Nov 2017 06:41

Hi everyone,
I’ve got unpaid parking tickets about 7 of them where there is absolutely no parking outside my building and building work is being done opposite I have parked numerous times on the double yellows unfortunately. I know this was wrong and I buried my head in the sand for too long. I had been under a lot of stress. My question is this: the bailiff hasn’t been inside my house, she tried clamping my vehicle but because there is a log book loan on it she had to remove the clamp. The company called her. She is very difficult as I guess is the job and every time I’ve tried to call her for a payment plan she is quite bullying. Talking over me and being very argumentative and refusing to budge. The debt is for £455 but they have added their fees and now stands at £1050 which she says I MUST pay in full. The alternative payment she says is £435 up front and monthly payments over £100 thereafter. I am on a very low income and am a single parent. The council have refused to take back the debt and the company ( White & Co) have said I can only deal with the bailiff. The debt expires in July 2018. Do I have to pay the bailiff? I can’t even afford it as it would mean I wouldn’t then be able to pay all of my rent. Any advice is welcome. I am not sleeping at night with worries. Thanks

notyoursmiler
Posts: 8
Joined: 01 Nov 2017 06:29

#2 Re: Bailiff for unpaid PCN’s

Post by notyoursmiler » 01 Nov 2017 09:20

Can anyone help please? Can I send a cheque to the council for £455 and then try my best to ignore the bailiff? They are still threatening to clamp my car even though I’ve told them the vehicle is on a logbook loan and is exempt. Please help, any advice welcome!

User avatar
Schedule 12
Posts: 13241
Joined: 30 Jul 2012 21:23
Location: London WC2
Contact:

#3 Re: Bailiff for unpaid PCN’s

Post by Schedule 12 » 01 Nov 2017 13:12

notyoursmiler wrote:
01 Nov 2017 06:41
Hi everyone,
I’ve got unpaid parking tickets about 7 of them where there is absolutely no parking outside my building and building work is being done opposite I have parked numerous times on the double yellows unfortunately. I know this was wrong and I buried my head in the sand for too long. I had been under a lot of stress. My question is this: the bailiff hasn’t been inside my house, she tried clamping my vehicle but because there is a log book loan on it she had to remove the clamp. The company called her.
The car is the property of logbook loans. Bailiffs cannot take it.


She is very difficult as I guess is the job and every time I’ve tried to call her for a payment plan she is quite bullying.
They all are, but I need something from you that gets you off the hook.

Talking over me and being very argumentative and refusing to budge. The debt is for £455 but they have added their fees and now stands at £1050 which she says I MUST pay in full.

How many PCN's are there? I'll tell you if the bailiff is accurate with their fees.


The alternative payment she says is £435 up front and monthly payments over £100 thereafter. I am on a very low income and am a single parent.

Single parent families are a class of vulnerable person under paragraph 77 of the of the Taking Control of Goods: National Standards 2014. The law says bailiffs cannot take control of goods in the presence of vulnerable people who are alone, and in any case, cannot recover fees.


I have no specific template letter for this, but when time allows I can knock one up which enables you to pay the PCN's direct to the council. In any case, if you have grounds to appeal the PCNs, then lodging the appeal suspends enforcement until the appeal has been decided.


The council have refused to take back the debt and the company ( White & Co) have said I can only deal with the bailiff.
You must make the council aware that you are a vulnerable person and say why, and give them opportunity to comply with the regulations.


The debt expires in July 2018.
Under what rule? and what is the commencement date of the debt that is about to expire?


Do I have to pay the bailiff? I can’t even afford it
You cant pay the bailiff if you can't afford it. JUst keep the bailiff out of your house, NEVER open the door, record it all on video and ask them to quietly leave.

as it would mean I wouldn’t then be able to pay all of my rent. Any advice is welcome. I am not sleeping at night with worries. Thanks

Appeal the PCNs if you have grounds. Otherwise pay the council direct with a letter setting out the regulations prescribing that bailiffs may not take control of goods or recover fees from vulnerable people.



I'll create a template, I have been asked this many times before.
Run this Checklist. If no joy, then we'll fix it
Author: dealingwithbailiffs.co.uk

User avatar
Schedule 12
Posts: 13241
Joined: 30 Jul 2012 21:23
Location: London WC2
Contact:

#4 Re: Bailiff for unpaid PCN’s

Post by Schedule 12 » 01 Nov 2017 13:48

Run this Checklist. If no joy, then we'll fix it
Author: dealingwithbailiffs.co.uk

notyoursmiler
Posts: 8
Joined: 01 Nov 2017 06:29

#5 Re: Bailiff for unpaid PCN’s

Post by notyoursmiler » 01 Nov 2017 20:43

Thankyou so much for responding. There are 5 PCN’s and what they (Whyte&co) have written on the receipt is Debt- 445, compliance stage fee - 375, Enforcement stage fee - 235. Total sum outstanding- 1055. I also had two more letters come through from them because I tried to appeal but lost. So one was for £158 which I paid in full as I was frightened and the other for £188 which I haven’t paid as I don’t have the money. So it’s 7 PCN’s altogether

notyoursmiler
Posts: 8
Joined: 01 Nov 2017 06:29

#6 Re: Bailiff for unpaid PCN’s

Post by notyoursmiler » 01 Nov 2017 20:49

Also, I wrote to the council to state that I am a single parent family (vulnerable) and they wrote back saying that I should contact the welfare section of Whyte&co because they (the council) cannot do anything about it.

User avatar
Schedule 12
Posts: 13241
Joined: 30 Jul 2012 21:23
Location: London WC2
Contact:

#7 Re: Bailiff for unpaid PCN’s

Post by Schedule 12 » 01 Nov 2017 22:23

It is the council's responsibility.

The "welfare department" bailiff companies talk about is not a department as such. Its the name given to a policy bailiff companies use for postponing enforcement for 30 days.

Use the letter I have given you, then contact the Local Government Ombudsman if the council remains in breach.
Run this Checklist. If no joy, then we'll fix it
Author: dealingwithbailiffs.co.uk

notyoursmiler
Posts: 8
Joined: 01 Nov 2017 06:29

#8 Re: Bailiff for unpaid PCN’s

Post by notyoursmiler » 02 Nov 2017 05:38

Thankyou so much will do this today. Is it best by post or email?

User avatar
Schedule 12
Posts: 13241
Joined: 30 Jul 2012 21:23
Location: London WC2
Contact:

#9 Re: Bailiff for unpaid PCN’s

Post by Schedule 12 » 02 Nov 2017 10:39

Both.
Run this Checklist. If no joy, then we'll fix it
Author: dealingwithbailiffs.co.uk

notyoursmiler
Posts: 8
Joined: 01 Nov 2017 06:29

#10 Re: Bailiff for unpaid PCN’s

Post by notyoursmiler » 11 Nov 2017 13:56

Still getting threatening letters from the bailiff and still no response from Portsmouth City Council . Can you tell me exactly what to say if the bailiff turns up at my door? Have two young children and I think this is going to scare them ALOT.

User avatar
Schedule 12
Posts: 13241
Joined: 30 Jul 2012 21:23
Location: London WC2
Contact:

#11 Re: Bailiff for unpaid PCN’s

Post by Schedule 12 » 11 Nov 2017 15:00

Its the anticipation of a bailiff visit that is more unnerving than the actual attendance. Just tell the bailiff the matter is in the hands of the council and seek advice.

Talk through a window, NEVER open the door, and ask them to quietly leave. Capture everything on video using your mobile. Bailiffs won't do anything stupid when they know they are on video.
Run this Checklist. If no joy, then we'll fix it
Author: dealingwithbailiffs.co.uk

notyoursmiler
Posts: 8
Joined: 01 Nov 2017 06:29

#12 Re: Bailiff for unpaid PCN’s

Post by notyoursmiler » 11 Nov 2017 20:14

Sorry to keep bothering you. I live in a block of flats so it would have to be if someone else let them in or left the door to the building open. So There’s no option to video unless I opened the door a crack which you’ve already advised against and I won’t open it. I’m also moving house in January and hopefully they won’t find out new address. It’s the stress of having someone right outside my door. I thought they could only chase up the debt for a year and then they would have to return it to the council? Is this true? I’m just worried the council is taking their side by refusing to take back the debt.

User avatar
Schedule 12
Posts: 13241
Joined: 30 Jul 2012 21:23
Location: London WC2
Contact:

#13 Re: Bailiff for unpaid PCN’s

Post by Schedule 12 » 11 Nov 2017 23:14

The Notice of Enforcement has a service life of 12 months from the issue date, but bailiff usually return cases back after 90 days if they cannot recover the money.
Run this Checklist. If no joy, then we'll fix it
Author: dealingwithbailiffs.co.uk

notyoursmiler
Posts: 8
Joined: 01 Nov 2017 06:29

#14 Re: Bailiff for unpaid PCN’s

Post by notyoursmiler » 12 Nov 2017 08:12

Forgot to add that I received a letter from bailiff company yesterday stating that I made an agreement to pay £435 and have now missed that payment so enforcement will commence. I didn’t sign anything and was pressured into saying I’d pay that because she was refusing any other options. Am I right that they cannot enforce this? I don’t have it anyway. Might the council hold it against me for agreeing what I can’t afford? Because I initially agreed to it verbally but didn’t pay anything , does that mean that I have breached and they are now in the position to bring a locksmith? They haven’t been in the house. (Sorry I’m very confused about the ins and outs and have got myself in such a mess agreeing to things I can’t do) So far I’ve paid them £158 for one ticket as that was all I could afford I thought I’d at least pay for one. Maybe making that payment has made everything worse.

Post Reply