How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Jo C. Your Own Question
Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70199
Experience:  Over 5 years in practice
12826847
Type Your Law Question Here...
Jo C. is online now

I have a problem with some bailiffs who have been chasing payment

Resolved Question:

I have a problem with some bailiffs who have been chasing payment for an unpaid parking ticket. In mid November I was informed that 3 years ago I was given a parking ticket in the City of Westminster. All information was sent to a previous address and as such the ticket went unpaid. In order to ensure that I didn't have people chasing me I agreed to pay half the balance on 9th December this was done using a Postal Order and held the account for 30 days.

On 16th January I received a letter informing me that if I didn't pay within 7 days a bailiff would call and collect the money/belongings to that value. So on 21st of January I sent another Postal order for the remainder of the account, first class with proof of posting.

On 24th January a bailiff called at my house to make the collection and inform me of all additional charges. He was told that the account had been paid and told of the proof of payment and proof of sending.

Today I have received a letter from them saying that I now have to pay the fees for them coming to the house, another £345.60 or they will once again visit me to collect the money or fees. Where do I stand, I believe that the money should have been with them by 23rd at the latest so a bailiff arriving on 24th is later and as such not my problem.
Submitted: 3 years ago.
Category: Law
Expert:  Jo C. replied 3 years ago.
Hi.

Thank you for your question. My name is XXXXX XXXXX I will try to help with this.

how can I help with this please?
Customer: replied 3 years ago.

Jo


 


I need to know how I stand, as far as I'm concerned I've paid the parking ticket before the bailiff came to collect so their 'additional' charges are irrelevant. I can't have them knocking on my door while I'm out at work and my wife is in, that will just cause more stress than it is already causing.


 


Thanks

Expert:  Jo C. replied 3 years ago.
Sorry if Im missing the point but surely you have only paid half?
Customer: replied 3 years ago.

No I settled the whole balance on 21st January by sending them a Postal Order first class, a bailiff then called on 24th January which is where the additional fees have come from. By 24th they would have had the Postal Order and as such the remainder of the payment.


 


Now they want me to pay the call out fees from the 24th.

Expert:  Jo C. replied 3 years ago.
No, but the letter you received on the 16th was from bailiffs I presume? So it had already gone to them?
Customer: replied 3 years ago.

I got a letter on 16th January asking me to pay the balance within 7 days or a bailiff will call.


 


I sent payment in the post on 21st, so they would have had it by 23rd, it was a cash postal order.

Expert:  Jo C. replied 3 years ago.
But was that letter from the bailiffs?
Customer: replied 3 years ago.

yes the letter was from the bailiffs

Expert:  Jo C. replied 3 years ago.
Thanks

Unless you paid it in full and final settlement this wouldn't prevent the bringing further claims but they do have to be reasonable.

I have to say that I do think these charges are excessive if the extent of this is that they visited one occasion.

You can either seek a stay of execution of the warrant using the N244 forms or you can pay and then sue them for over charging. £345 just for attending an collecting money is unreasonable and anyway you had already paid.

If you were to contest it then probably you would win.

Hope this helps. Please let me know if you need more information.

Jo
Customer: replied 3 years ago.

Hi Jo


 


One final question, then I think that we are there, if they decide to knock on my door again, what do I tell them?


 


Thanks

Expert:  Jo C. replied 3 years ago.
Well, you either pay in full and reclaim or seek an order to stay their warrant using the N244 forms.

Neither is any chaeaper than the other so its your choice.
Jo C. and other Law Specialists are ready to help you