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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

What happens if you don't pay baliffs?

35 replies

doorframe32 · 09/08/2018 14:27

I have baliffs after me after a parking ticket from the council I never received went to them, I think the fee is something big, they have not said the exact fee in letters even though I have emailed but if they came and I refused to pay what exactly can they do in the end if I hid my car??

OP posts:
daisypond · 09/08/2018 15:02

I'm no expert on this, but I believe council parking fines that have been passed on generally do go to bailiffs, and not debt collection agencies. If the council have said they've gone through the court, I think that is likely. But I don't know.

Spilledmycoffee · 09/08/2018 15:04

Hi I've been lurking for a while, made an account to reply to this as been in the same position. I bet they're asking for about £900 at this point?

You say you didn't recieve anything from the council about the ticket. Why is that? Change of address? Mistake on their part?

You need to apply for a Statutory Decleration for Out of Time. Here is the link.

www.gov.uk/government/publications/form-pe2-application-to-file-a-statutory-declaration-out-of-time

It is the form to say you did not recieve notice of the original charge. The council will be instructed to withdraw the debt from the debt collectors and send you the request for the original amount again. You do need to put the reason why you did not recieve the original notification of the parking violation. You also need to have it signed by a solicitor which will cost about £10.

While you get this done, do not answer the door to debt collectors. Their job is to get the money, they won't listen to anything you tell them. If you live local to a carpark where there are no time limits or other restrictions, park your car there. They can't clamp or remove it from a private car park.

Hope this helps you x

SilverySurfer · 09/08/2018 15:04

Don't let it get as far as them taking possessions from your home. I saw a tv programme where they were helping couples in debt and they sent in fake bailiffs to remove pretty much everything in the house. The items would have been auctioned off for a tiny fraction of their value which meant they still had to pay off the bulk of the amount owing.

Spilledmycoffee · 09/08/2018 15:10

I just read through the post in more depth and see it is due to change of address this happened. You will not have to pay the bailiffs. Do the out of time form and get it sent off.

It is not true that it's illegal to hide items from the bailiffs, unless you have already let them in and they have made an inventory of your posessions. They cannot do this unless you allow them into your home. Do not let them in. Do not speak to them. Park your car elsewhere, on a private car park (they might go searching for it if you park it on another street)

You can absolutely sort this out with the statutory declaration out of time form. You don't need to pay the ridiculous amount the bailiffs demand.

doorframe32 · 09/08/2018 15:12

Spilledmycoffee pm sent, thanks so much

OP posts:
LeftRightCentre · 09/08/2018 15:30

Really hope you can get in touch with someone who can help but paying nothing is simply not an option with fines from the council.

thenightsky · 09/08/2018 21:43

doorframe32 It was resolved over a long time period. about two years if I remember correctly. DD offered to pay £10 a month. If you offer to pay they cannot send bailiffs around. This £10 got paid every month on the dot, by cheque, via our local post office, just to make it as awkward as possible and to ensure we had a record of the payment being made. After a few months, Interim Justica wrote asking for more each month, on the grounds that DD had been a reliable payer so could afford more (clearly she wasn't struggling by their judgement). We wrote back saying thanks but no thanks, the £10 will continue as DD was a student and had no income. After about 2 years of this, they asked for the debt to be settled in full and would accept about 2/3rds of as full and final payment. We said yes, paid up on DD's behalf and heard no more.

TheDarkPassenger · 09/08/2018 21:49

Bailiffs are council appointed and will take things and can access your home/take your car whether you’re there or not. Debt collectors cannot. As it is a council parking ticket it will be bailiffs.
-Citizens advice advise to hide your car.
-they cannot access children’s bedrooms/cannot take car seats or anything you need to meet the children’s needs (they cannot take your fridge if you have children, for example)
-they would rather have the money. They say they won’t accept payment plans- this is a lie and at a push they absolutely will.

This is from personal experience. Try to get someone to speak to you on your behalf. When I spoke to them they were having none of it, when my support worker speaks to them it is extremely different.

Spilledmycoffee · 09/08/2018 22:48

The key information here is that OK did not recieve the original fine from the council as it was sent to their old address.

The statutory declaration out of time will force the council to instruct the bailiffs to cease action, and the council will reissue the original fine to the new address.

I didn't get this information from any debt advice service, it doesn't seem to be widely known.

I had the exact same scenario though, with the change of address issue, and that is how I resolved it. I've linked the correct form to send off. Once that is recieved the bailiffs will cease action while the case is looked into, they will find in OPs favour and the council will simply send the original fine.

Spilledmycoffee · 09/08/2018 22:48

OP* not ok

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