Of Bailiffs and Landlords and stuff......Advice Req'd

[Gandhi]

Ok,

My ex g/f's mother received a hand delivered letter from a bailiffs company representing Bath & NE Somerset council threatening removal of her goods for monies owed for an outstanding parking fine for MY car (well my old one anyway) She immediately phoned them and they used the fact that she knows nothing about these things to pressure her into paying it! (it was £350 btw!)They basically told her that the court had decided she was liable and if she didn't pay up they would be seizing her goods and her car to cover the debt. This is blatant intimidation and just plain lies!

It would seem that in september of last year, just around the time I moved house last my car was ticketed. I hadn't sent my V5 off (couldn't find it at the time) It would also appear that some joker removed said ticket from the front of my car as I have never seen the bloody thing. we're a bit tight for parking round where I live and sometimes there is nowhere else to park, however, there a couple of people on our street who seem to have taken it upon themselves to act as parking vigilantes and inform the local pco if anybody is illegally parked. My V5 was transferred not long after that when it turned up in some books.

Ok, I shouldn't have been parked illegally and I would've gladly paid the fine, had I have known about it.

Now, this is where it gets interesting. I have never received any communication from said bailiffs, the courts or anyone as to this fine/ticket. And more so, the fine was nothing whatsoever to do with my girlfriends mum! They had even named my ex incorrectly on the letter, using our surnames hyphenated. They also should've had no idea of her mums address as I've never resided there. It was just given to our ex-landlord as a forwarding address. He never forwarded any post.

The only thing I can think of is that He (my ex-landlord) has opened my post and either a) binned it, or b) passed my ex's mums details onto them!


What can I do about this?

The bailiffs have broken every legal constraint they have, my ex-landlord has broken the law by interfering with our post and why the hell wasn't any communication sent to my current address, where both of my cars are registered and have been since october last year!

 

[2blue4u]

You case would have been much stronger had she not paid the sum due.

I suggest you gather all the bits of paper and info together and consult either a solicitor or the local CAB in the first instance.

My company used to do work for BANES - not bailiffs but very much debt related - and they are very aggressive in their pursuit of debts. Which is probably one reason why that are or were the richest council in the land.

For the bailiffs to be involved means you have a court judgement against you. Yet notice of the hearing was obviously not served upon you. Your first stop advice (sols or CAB) may direct you to the court.

Good luck

 

[sportysnaps]

What can I do about this?

don't take legal advice from a forum - go to citizens advice, or see a solicitor

 

[2blue4u]

and why the hell wasn't any communication sent to my current address, where both of my cars are registered and have been since october last year!

that's an easy one to answer. They would have obtained your (old) address from DVLA at the outset and used that throughout unless a tracing agent or the bailiff came up with an alternative address. No one in the chain would have, nor should have, periodically checked with DVLA for a different address.

 

[Gandhi]

You case would have been much stronger had she not paid the sum due.

I suggest you gather all the bits of paper and info together and consult either a solicitor or the local CAB in the first instance.

My company used to do work for BANES - not bailiffs but very much debt related - and they are very aggressive in their pursuit of debts. Which is probably one reason why that are or were the richest council in the land.

For the bailiffs to be involved means you have a court judgement against you. Yet notice of the hearing was obviously not served upon you. Your first stop advice (sols or CAB) may direct you to the court.

Good luck

Off to see CAB tomorrow. It appears the Bailiff company have already broken the law with 'Illegal Distress' in so far as they have attempted to seize the goods of a person not responsible for the debt.

What can I do about this?

don't take legal advice from a forum - go to citizens advice, or see a solicitor

Yeah, I'm off to CAB tomoz and had already planned to do that. Just wondered iof anybody on here had had any similar experiences etc.

that's an easy one to answer. They would have obtained your (old) address from DVLA at the outset and used that throughout unless a tracing agent or the bailiff came up with an alternative address. No one in the chain would have, nor should have, periodically checked with DVLA for a different address.

Ah,

That it explains it then! Easy really. Money grabbing *****!

 

[joxby]

What is un-clear about this story is, whether you are actually responsible for the fine, that will dictate what your next course of action will be.
Was the car owned by you on the date it was ticketed or not ?
If not, it is simply a proof of ownership thing.
If its you're ticket, its about a reduction of the fine because you weren't aware of it.
Whatever, you need to fess up and take the heat of you're girlfriends mother, often this is what bailiffs do to flush out the real offender if they aren't in contact with that person, that is - accuse anyone and everyone remotely connected with the vehicle.
Bailiffs don't have ethics...££££

 

[Gandhi]

I fully owned the car when it was ticketed and would've happily paid the fine if I knew anything about it. Gonna be on the phone to the bayleafs tomoz as soon as I've been to the CAB.

Apparently if the bailiffs have broken the law we can sue both the bailiffs company and the local authority for damages lol.


*rubs hands together*

 

[joxby]

Good luck with that..
Whatever, the ticket won't just disappear if you don't address it, the council and bailiffs methods are a side issue, which may or may not effect anything.

 

[CraigF]

There is a form you can fill in to dispute it, ask for time to pay or request a court hearing on the issue.
Unfortunately i havent got a clue what the English version is but if you contact CAB or the CAB Solicitor who is usually at courts they will point you in the right direction.

 

[Gandhi]

Did a bit more reading and research last night and it turns out I have to make an "out of time statutory Declaration"

Basically, it a sworn statement that I never received a 'Notice to Owner' or any of the other stuff related to the fine.

Will mean that I can get the money back off the 'liffs and pay the fine direct to the local authority.

I'm also going to complain the Court that issued the Bailiff his certificate about his conduct. He will get 14 days to reply or he will be stripped of his license. Even if he does reply the chances are high that he will lose his job anyway for levying excessive fees. £350 is an excessive amount for the original fine, warrant cost and 1 visit to the premises!

Threatening behaviour will also result in the loss of his license.

Will keep you all updated as to how this goes!

Thanks for your replies!

 

[Cobra]

I have no advice to offer, but I wish you well in your endevours!
these heavy handed b'stards need their wing clipping.
Some of the stories you hear are outrageous.