In a terrible mess with bailiffs bleeding us dry - please help

[Ajanuarysunset]

I am desperate for help. I will report this post when I finish it because I want MN to post the usual message and so hopefully people understand it is advice I am seeking, not any sort of financial assistance.

My young adult son has ASD and is high functioning but vulnerable and very naive - like a younger boy in many ways. He drove through the dartford tunnel around a year ago. He did not know it was chargeable (we aren’t local to the area and I’ve never been.)

I got a phone call from a neighbour at a flat we let to say there had been a visit from a bailiff - it transpires DS put this as his address on his driving licence; he passed his test at 18 and thought it made him ‘cool’ having ‘his’ flat. That’s what he said anyway. Hence the letters about it have not come home and we were unaware of this.

I had to pay nearly £600 in bailiffs costs and obviously I was horrified, but thought it was a one off and so put it down to one bad experience.

However there have now been three of the things and there is another - I emailed the company and was told to call them urgently on Friday and then when I was at work I was getting phone calls from an unknown number, one after the other after the other.

It’s utterly horrendous. By now they have had nearly three thousand pounds from me.

I just desperately need to know my rights here. They say they can change the locks at the address DS put down even though there are now tenants there - I don’t know if this is the case. I’m actually terrified.

Thank you.

The point is that the op has paid out a huge sum of money and seemingly every time she calls is being told she owes more.

You MUST get evidence of these charges and that your son was driving and you must get a clear breakdown of what the hell you've been paying.
Number one it's not even your debt, but I can totally understand why you're paying it because you're trying to help your son.

Do not pay any money over the phone or by other means unless you are totally clear on what it's actually for.

Any phone call ask them to follow up by email or letter.

As an aside, can bailiffs change the locks on your house?? For a few fines they will repossess your house? What is that all about!

OP, this sounds very odd as penalty tickets go to the address the vehicle is registered
at, as the system has no idea who is driving. Are you sure you aren't being scammed by someone who knows your son is vulnerable?
How have the details of your son's driving licence been obtained?

I am so sorry - this sounds like a nightmare.

You need to be really firm with these agents in saying you don't know what it's about and he doesn't live with you.

I still have a fab relationship with ds I just aren't paying this stuff anymore.

Nor
Should you be x

I don't understand why you're paying your son's debts OP, is he working?

Please don't pay anymore you need to emotionally remove yourself from this situation as it is not your debt and you don't have all the details.

Make a time to sit with your son and get him to phone CAB and ask for help. He needs to get them to help him with a plan or start the process to get all the information about how many crossings were made (proof of these), where the money you have paid has gone etc

You can't keep dealing with this without him. He needs to take over and hopefully CAB and help him sort out all the confusion.

It really does sound like a nightmare so take a deep breath, get him to sit down and talk to CAB about it

Have a read of this OP

www.thisismoney.co.uk/money/cars/article-4695986/I-face-200-fine-failure-pay-Dartford-Crossing.html

Definitely worth contacting them and explaining the situation, particularly as you have already parted with such a ridiculous amount of cash.
Make sure there are absolutely no outstanding debts left and that your son doesn't drive there again!

Op, just one thought, who is the car registered to? Is it you? Because if it was then yes you would be liable. Is the car registered to your old address?

Also these things should not be a surprise, you need to get him to tell you just how often he has been back and forth across it.

I would also contact the crossing company, because they can tell you how many outstanding charges there are, this way, the debts don't continue to build. As well as the previous gain legal advice.

If he regularly has to use this route, he needs the autopay set up, to avoid future fines.

He also needs to make sure his licence, insurance and car are all correctly connected to wherever he lives, if he is in an accident and his insurance does not match his actual address, the insurer might not pay out.

You could try writing to the Dartford Crossing Chief Executive's office to explain the circumstances behind failing to pay and not receiving notices of the fines, to ask if they could be cancelled/refunded, but that leaves your son open to admitting that he's incapable of driving safely, as in not understanding road signs correctly, which probably indicates he shouldn't be driving, or at the very least DVLA and his insurer need to be aware of his condition - are they?

Firstly, you are not liable for any payment, it is your sons debt. It sounds like the bailiffs are pushing you because you have paid in the past, but some of what they have said to you is rubbish like being able to change the locks. I am in Scotland so don't know the ins and outs of the English system but I do know what they are doing is wrong.

You do need to go and get some proper advice from the likes of CAB. I used to work there, and I know they are especially good with people with any mental health condition. Please be aware you would need to take your son with you as unless you have power of attorney they will not deal with a third party without the person's consent. The bailiffs should also be following some protocols for dealing with vulnerable customers.

I would also phone up the place where the debts originate and ask them to halt any bailiff action until you can get it sorted out.

Good luck.

Hi op ,
I use the crossing alot I live right next to it pretty much .

You will be charged a fine per crossing as per the below so it soon all adds up. You should call and request copies of all the trips if you don't have them.

You could also go online and open an account register the car on there and usually after 24 hours it shows all crossings made for that vehicle x

How much will I be fined if I forget to pay: The penalty charges are as follows:
Non-payment after one day: £70.00
Reduced to £35.00 if paid in 14 days
Increased to £108.00 if not paid within 28 days
Penalty charge is payable for each use of the crossing, so a return trip could cost up to £216.00.

Xx

I have had mountains of parking fines over the years that have escalated all the way to bailiffs action.

To stop the bailiffs - to give you time to breathe - you need to fill in a PE2 and PE3 out of time statutory declatations -this needs to be signed by a solicitor or court rep - this is sent to norhampton county court - you can you fax or email it over - they will halt any actions immediately.

I was in fact informed by a bailiff that if you put down you did not receive the original offence/fine letter - and any subsequent correspondance was always asking for more than the original amount - they are obliged to re-issue the fine at the original penalty