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JBW Parking fine

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  • JBW Parking fine

    The first communication I had from JBW was a bailiff calling for unpaid parking fine to the council, I had not recieved anything at all in writing from JBW .
    I had a council notification that it was going to court but then nothing?
    I paid the bailiff then had text calls threatening bailiff action again as the bill was underpaid , the amount when I finally got through was another £8.31 on top of the original £339.04 -£210 of which was the charge for the bailiff.
    Surely they cannot just turn up without any writtien comunication first?
    I still do not know what I have paid !!!
    On a call today they agreed to write of the £8.31 however feel aggrieved I am 210 pounds out of pocket to the bailiff charge !!
    On the Bailiff charge I have a fee of 33.60 attendance to levy and a £210 charge aatendance to remove they only visited once so why 2 charges?


    any suggestions please?
    Last edited by Bambibambi; 9th January 2012, 15:38:PM.
    Tags: None

  • #2
    Re: JBW Parking fine

    Originally posted by Bambibambi View Post
    The first communication I had from JBW was a bailiff calling for unpaid parking fine to the council, I had not recieved anything at all in writing from JBW .
    I had a council notification that it was going to court but then nothing?
    You had an opportunity to do something about it. why didnt you?


    Originally posted by Bambibambi View Post
    I paid the bailiff then had text calls threatening bailiff action again as the bill was underpaid , the amount when I finally got through was another £8.31 on top of the original £339.04 -£210 of which was the charge for the bailiff.
    Did you gert a receipt for what you paid? bank statements etc?

    The bailiff cant just add fees indiscrimately like that. The law prescribing bailiffs fees for collecting unpaid council tax is the Council Tax (Administration and Enforcement) Regulations 1992 and provides £24.50 for a first visit. He can charge a further £18 for a second visit (if genuinely made). No other bailiff's fees can lawfully be charged if a bailiff has not moved your goods in a vehicle and you have not signed any document consenting to a levy or a walking possessions agreement (currently a flat rate of £10).


    Originally posted by Bambibambi View Post
    Surely they cannot just turn up without any writtien comunication first?
    Council tax recovery procedure doesnt require the bailiff to send you a letter before they visit.

    Originally posted by Bambibambi View Post
    I still do not know what I have paid !!!
    On a call today they agreed to write of the £8.31 however feel aggrieved I am 210 pounds out of pocket to the bailiff charge !!
    On the Bailiff charge I have a fee of 33.60 attendance to levy and a £210 charge aatendance to remove they only visited once so why 2 charges?
    You have a right to ask for your money back, or you can start litigation. Ask the council for a refund in a simple letter, and if that fails, complete a Form N1.

    Head of Revenue
    Borough Council
    Address 1
    Address 2
    Address 3
    Postcode

    [DATE]

    Dear Sir/Madam

    Re: Council tax arrears and your bailiffs fees

    Please find a copy of a letter before action that has been delivered by even post to your enforcement contractor who is claiming you have instructed to act.

    Your enforcement contractor has overcharged me [£AMOUNT]with his fees and I am giving you an opportunity to put things right.

    It is my intention to file a complaint with the Local Government Ombudsman under Section 26 of the Local Government Act 1974 because the council has not complied with regulations prescribing bailiffs fees (currently £24.50 for a visit). However, the Act does require me to give the council an opportunity to put things right and comply with the law before making the complaint.

    A bailiff defrauding a taxpayer with his fees commits an arrestable offence under Section 2 of the Fraud Act 2006, and a complaint may be passed tom Police. Lord Lucas at the House of Lords on 20 April 2007 when he asked HM Government whether it would be right for the police to claim that such an action is a civil and not a criminal matter. The Minister of State, Home Office (Baroness Scotland of Asthal) replied with, inter-alia (quote) A bailiff or any other person who dishonestly charges for work that has not been done will be committing an offence under the Fraud Act 2006 (unquote).

    If the council wishes to settle this complaint, I ask the council to comply with the Council Tax (Administration and Enforcement) Regulations 1992, withdraw enforcement action, remove bailiffs fees from the account and confirm the council has done this within 4 business days of this letter and refund the sum of £AMOUNT paid to your enforcement contractor.

    You may wish to launch an investigation, or make your own enquiries but this does not postpone the complaint being filed at the Ombudsman.

    Yours Faithfully


    [YOUR NAME]

    Encs:
    1 Copy of letter to bailiff
    2. Copy of bailiff document showing his fees.
    If you are in the mood to shaft a council tax bailiff then the following template has a bit more meat on it, expect an angry letter back threatening nonsence, or a quick refund. The method is called the Truth Test, but success rate on TT is only about 60/40, odds are not great.

    Bailffs
    Their Address 1
    Their Address 2
    Their Address 3
    Postcode

    DATE

    Dear Sir/Madam

    Re: Your visit to [LINE 1 OF ADDRESS + ANY REF]

    I write following visits by your bailiff about unpaid council tax and confirm an arrangement is in place with the council to pay the debt and your services are not required. However you bailiff fees appear to show an irregularity and I ask you to provide following within fourteen (14) days:

    a) The name of the certificating court and certificate number for the bailiff in charge

    b) Written confirmation of your fees and charges

    c) Truthfully confirm in writing they are lawful according to prescribed legislation

    d) The name and address of the person or body you act for

    If you cannot complete the above, please unconditionally pay me within fourteen (14) days a refund of all unlawful fees and unconditionally pay me compensation of £4999.00 for failure to comply with the law and I will consider this aspect of the matter closed.

    If I later find an irregularity with your fees within the statutory time limit of 6 years prescribed under Section 2 of the Limitation Act 1980, I will enter no further correspondence with you and automatically file a Form 4 at court for committing offences under the Fraud Act 2006. This may also involve a criminal investigation by police and your firm's director(s) may receive a criminal record for fraud, assisting an offender and benefiting from proceeds of crime.

    This document is delivered by Royal Mail and I deem it good service upon you by the ordinary course of post under Section 7 of the Interpretation Act 1978. It is your responsibility and in your best interests this letter is handed to the relevant person within your organisation.

    Yours Sincerely


    YOUR NAME

    Comment

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