Parking ticket - Bailiff

Discussion in 'Cars, Bikes 'n AFVs' started by gentlesoul, Jun 7, 2010.

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  1. Just a quick one.

    Got a ticket May 2008 for being parked in loading zone. I was loading, the shop that I was loading from gave me a letter to send through to Lambeth Parking Services which I did and I heard nothing else from them so thought all was okay.

    My old flatmate got a visit from the bailiff last week, emailed me, I've spoken to the bailiff who was lovely and really helpful. He told me to speak to Lambeth Parking services to get this sorted out. But Lambeth won't speak to me about this because it's been passed to the bailiff. The bailiff can't do anything without the name of the person I spoke to but the lady I spoke to wouldn't give me her name as it's been passed to the bailiff and out of her hands.

    If I'd been pulling a fast one and got caught, I would've paid and chalked it up to lessons learnt but this time I really was loading in a 20 minute loading zone and had been there for less than 5 minutes.

    Any ideas of where to go from here?
  2. Has there been a County Court Judgment then? you should have had a notification.... only County Courts can pass debt to the Bailiff?
  3. I have no idea about a CCJ, I bloody hope not!

    I moved from that address April 2008, notified the DVLA of the address change end of May 2008, I'm on the electrol roll at the new address and have been since May 2008. My post was being forwarded to this address till March of this year and I have heard nothing from anyone about this. No response from Lambeth and nothing from any county court. This really is the first I have heard anything since sending the letter in disputing the ticket.
  4. Where is their actual proof that you were there longer than 20 mins? Ask them where is their response to your letter of appeal which presumably you sent in with the letter from the shop explaining you were loading. Hopefully you have a copy of the letter that you retained just in case? Why did you not receive a summons to the court hearing about this ticket. If they can't supply all that information, tell them you believe they may be guilty of maladministration and you will seek to involve the Ombudsman and get a ruling that they guilty of that.

    Don't tell the Bailiff where you are currently living unless you are happy for him to try and take all your funiture or even your vehicle one night when you are asleep in bed etc.

    There is a website called consumer action group. This forum has a very good section on it about dealing with Baliffs. Join that and ask any question that you may have.

    The Bailiff will at the end of the day have your stuff away if he gets a glimmer of a chance. Never ever let him in the door or have access to your vehicle.
  5. Lambeth parking services are cunts , good luck with it , I had one for something simelar , my veh was about 12in too long for a loading bay & its front wheel was outside the box (just), hence some happy chappy from West Africa decided to give me a ticket , even tho I was just locking the hatchdown to move on. NO joy on appeal , it really is a money makin scam.

  6. I do not have any issue with the bailiff. He was helpful, polite, didn't ask for my current address or a contact number. The guy is just doing his job and trying to earn a living like the rest of us. I've broken no laws and I don't see the point in shooting the messenger.

    rgjbloke - I do have a copy of both my letter and the letter from the shop. I have a feeling that I am not going to be able to sort this out via the phone so will write to them asking for copies of their proof that I was there longer than 20 minutes (which I wasn't), their response to my letters and the other bits you suggest.

    I have no clue about this sort of thing.

    Many thanks
  7. Try these people >>

    They were very helpful toward me when I had a similar problem.

    Good luck.
  8. TheIronDuke

    TheIronDuke LE Book Reviewer

    Hold that thought. Most Bailiffs are decent chaps doing a hard job. If you are polite and helpful, they are made up because most of the time they are dealing with lippy Chavs.

    And Bailiffs can make notes on the system, you know?

    Next move.

    Hit every Court and Council involved in this with a Freedom of Information Act request. It will cost you a tenner and they have to respond within 40 days.

    So relax for 40 days until they send you their tat, then report back here and ask what to do next.

    They want to fuck you about for loading your van? Heh. All right then. Lets see?
  9. If the council are ignoring you, make a 'subject access request' for all personal data held by the council. Send it to the Chief Executive of the council and use recorded delivery. If they fail to provide the data within 40 days, they are in breach of the Data Protection Act and you can refer the matter to the Information Commissioner.

    Their response should include copies of the relevant court ruling stating that you owe the council money. If it doesn't then you don't owe the money.

    It's possible that the bailiff was in 'debt collector' mode rather than 'bailiff' mode. A lot of organisations sell debts on to collection agencies without any real proof that the debt exists. The agency will then attempt to intimidate you into coughing up money you don't owe by mentioning phrases like 'bailiff', 'officer of the court' and 'Big Ron will be round to break your kneecaps'.

    You might want to check with a credit reference agency like Experian. They will supply a copy of your credit file for a couple of quid. That will show whether you have had a CCJ.

    Finally, the Citizen's Advice Bureau can be of great assistance.
  10. TheIronDuke

    TheIronDuke LE Book Reviewer

    Nice one, Old Salty Dog Who Stinks Of Fish.

    Subject access request may or may not be the same as a Freedom of Information Request, but why not hit them with both? Just to be sure?

    Send them to different named individuals in different departments?
  11. Have you tried these people? ;)
  12. Some of the advice (very good though it is) involves spending a few quid here and a few quid there might as well pay the fine.

    And another thing

    So you admit that you were guilty of a parking infringement then chops off because you were find.

    Dry your eyes you pointless wretch.
  13. Thank you very much for all advice.

    Manged this afternoon (after exercising extreme patience and charm) to get someone at Lambeth to speak to me about the PCN, they pulled up the file and agreed that they had been sending letters to wrong address and that this was their fault. Their advice was to speak to Northampton County Court and get a Witness Statement emailed to me. They've also "revoked?" the bailiff and put everything on hold. Northampton CC were very helpful (again after a number of phone calls), have emailed me the Witness Statement and also revoked this that and the other. Not sure what they've revoked but if I've been given a CCJ, I hope it's that!

    So my understanding is that the process starts all over again and if I lose the appeal then I only have to pay the original £60 fine.

    One piece of advice the bailiff gave me was to take the name of each person I spoke to so that if he gets another instruction to pay me a visit in the very near future, he can phone them up directly and double check on the system how far along the process is and whether he should in fact be calling on me or if they've jumped the gun. Without his advice, I wouldn't have known really where to start with this and his words of wisdom were spot on.

    A couple of years ago Mr GS had cause for conversation with a bailiff due to the previous occupier of his flat. Turns out the chap served with Mr GS's Father back in the 90's, it's a very small world and you never know who you're talking to.

    I frequently wing it with parking so when I do get caught, I am more than happy to pay and consider it fair but this time I was observed between 14.41 and 14.43 when parked in the correct bay for the job I was doing so I am determined not to lose the appeal.

    Thanks again for all the advice.
  14. How dare you sir. I don't stink of fish, only a faint whiff of manly seaman, as befits a former member of the Senior Service.

    The Data Protection Act can provide endless amusement.

    When slapping the Chief Exec with a Subject Access Request, be sure to remind him that you're only resorting to the DPA because his staff ignored your previous correspondence.

    Also point out that he needs to provide copies of everything, from council tax records to a copy of your last enviro-crime bin inspection report, not just a copy of the parking ticket data that you originally requested.

    Just for good measure, slap a Subject Access Request on the bailiff too.

    When you get a computer printout the size of a telephone directory from the council, write back immediately and point out that they have to provide their response in an "intelligible format". Then tell them that you can't understand anything in the printout except your name and address so could they please provide another printout explaining what everything in the first printout means.

    Remind them that paper records now fall within the scope of the Act, as well as computer data. Ask them to confirm that they have manually searched every filing cabinet owned by the council for any documentation that refers to you.

    Video footage also falls within the scope of the Act. Send them a photo of yourself then tell them to check all the Council's CCTV tapes for footage of you. They'll have a team of blokes sitting in front of tellys for a fortnight.

    For the coup de grace, ask them how they back up their computer systems and demand confirmation that they have searched the thousands of backup and archive tapes that they've no doubt got sitting in storage somewhere.

    And remember, never hesitate to remind them that they've only got 40 days to provide all of the data or face prosecution. I once had the IT director at Scottish council emailing me until half past eleven at night to meet the deadline. :twisted:
  15. ^ I love you.