rossyrooney Posted June 2, 2013 Share Posted June 2, 2013 You need to understand how Council Traffic Tickets work. They do not have to "go to" County Court over the debt. Marstons may well have a legally valid "Order of Liability". http://www.adviceguide.org.uk/wales/consumer_w/consumer_cars_and_other_vehicles_e/consumer_driving_and_parking_e/consumer_parking_tickets_e/consumer_disputing_a_council_issued_parking_ticket_e/penalty_charge_notice_enforcement_by_bailiffs.htm ... and the individual bailiff needs to be "Certificated". You should ask to see documentation and you can check the register. http://certificatedbailiffs.justice.gov.uk/CertificatedBailiffs/searchPublic.do?search= But wouldn't the order of liability be granted to the council by the court? I may well be mistaken but wouldn't Marstons be breaking some law or other by telling the debtor that they have an order of liability when it was handed to the council and not themselves. Even todays high handed councillors can't have the powers to transfer an official court order can they? Link to comment Share on other sites More sharing options...
Shogun Posted June 2, 2013 Share Posted June 2, 2013 If you watch youtube you will find that there are people/organisations that are willing to help and offer advice on what these bailiffs/collectors are legally empowered to do. ---------- Post added 02-06-2013 at 19:45 ---------- And make sure that you film him whilst he is filming you,also film his registration plate. If they come to the front door go out of the back door lock it behind you take your phone or camera stand in front of them have it on record ready to get everything they say or do,if they say they are bailiffs ask to see their certificate watch them scarper.if they don't, just walk off and leave them stood there they can't arrest you if they try and stop you or restrain you they are breaking the law you can have them for assault. Link to comment Share on other sites More sharing options...
cgksheff Posted June 2, 2013 Share Posted June 2, 2013 ........... But wouldn't the order of liability be granted to the council by the court? I may well be mistaken but wouldn't Marstons be breaking some law or other by telling the debtor that they have an order of liability when it was handed to the council and not themselves. Even todays high handed councillors can't have the powers to transfer an official court order can they? Have you read the CAB Advice pages? Link to comment Share on other sites More sharing options...
Ladystiletto Posted June 2, 2013 Author Share Posted June 2, 2013 If they come to the front door go out of the back door lock it behind you take your phone or camera stand in front of them have it on record ready to get everything they say or do,if they say they are bailiffs ask to see their certificate watch them scarper.if they don't, just walk off and leave them stood there they can't arrest you if they try and stop you or restrain you they are breaking the law you can have them for assault. Thank you, I will try that tomorrow Link to comment Share on other sites More sharing options...
rossyrooney Posted June 2, 2013 Share Posted June 2, 2013 Have you read the CAB Advice pages? Why,do they transcend law.? Link to comment Share on other sites More sharing options...
Shogun Posted June 2, 2013 Share Posted June 2, 2013 You need to understand how Council Traffic Tickets work. They do not have to "go to" County Court over the debt. Marstons may well have a legally valid "Order of Liability". http://www.adviceguide.org.uk/wales/consumer_w/consumer_cars_and_other_vehicles_e/consumer_driving_and_parking_e/consumer_parking_tickets_e/consumer_disputing_a_council_issued_parking_ticket_e/penalty_charge_notice_enforcement_by_bailiffs.htm ... and the individual bailiff needs to be "Certificated". You should ask to see documentation and you can check the register. http://certificatedbailiffs.justice.gov.uk/CertificatedBailiffs/searchPublic.do?search= But wouldn't the order of liability be granted to the council by the court? I may well be mistaken but wouldn't Marstons be breaking some law or other by telling the debtor that they have an order of liability when it was handed to the council and not themselves. Even todays high handed councillors can't have the powers to transfer an official court order can they? If they get a court order against you it has to go to a court appointed bailiff they can say they are acting on behalf of the court but that does not give them the same power that a court bailiff has. ---------- Post added 02-06-2013 at 20:20 ---------- Why,do they transcend law.?at I don't understand what you mean rossy:confused: Link to comment Share on other sites More sharing options...
Anna B Posted June 2, 2013 Share Posted June 2, 2013 £600 for using a bus lane? The punishment far outweighs the crime. Can you get it back into court? I can't imagine any judge or magistrate upholding it. Or would they? Anyone had any experience of this? Link to comment Share on other sites More sharing options...
Shogun Posted June 2, 2013 Share Posted June 2, 2013 You can apply to have the judgement set aside it usually costs £45 to take it back to court.but be careful as if you go to court and just say something like I did not get the letters or some lame excuse you might end up paying for the court costs and the lot.the best thing to say in court is you do not have the money that they are after you want to pay but you think their charges are exorbitant and the judge may be lenient with you,remember if you agree a payment scheme in court and you renege on it you are liable be arrested and sent to prison. Link to comment Share on other sites More sharing options...
bs4124 Posted June 2, 2013 Share Posted June 2, 2013 My advice would be to contact the Citizens Advice Bureau. If you go on their website there is reams of information about Bailiffs. If you feel you are being overcharged then ask the Bailiff to itemise their charges. The Bailiffs are acting under instructions from the Court. If you feel you have been overcharged, make a complaint to the Court. The Court is responsible that Bailiffs they employ don’t overcharge. In my opinion having charges more than the original debt is excessive. If you pay off the debt to the Council but not the bailiffs’ charges that you owe, the bailiffs can’t take goods from you just to recover their own costs. They'll have to take action against you themselves to get the money back. This may buy you some time, especially if you believe the charges to be excessive. If you consider taking this action contact the CAB first who will give you appropriate advice. Link to comment Share on other sites More sharing options...
Shogun Posted June 2, 2013 Share Posted June 2, 2013 My advice would be to contact the Citizens Advice Bureau. If you go on their website there is reams of information about Bailiffs. If you feel you are being overcharged then ask the Bailiff to itemise their charges. The Bailiffs are acting under instructions from the Court. If you feel you have been overcharged, make a complaint to the Court. The Court is responsible that Bailiffs they employ don’t overcharge. In my opinion having charges more than the original debt is excessive. If you pay off the debt to the Council but not the bailiffs’ charges that you owe, the bailiffs can’t take goods from you just to recover their own costs. They'll have to take action against you themselves to get the money back. This may buy you some time, especially if you believe the charges to be excessive. If you consider taking this action contact the CAB first who will give you appropriate advice. That is what judgement set aside is for so you can go back to court have your say and get the debt off the bailiffs.it is a bit dodgey though as you can end up paying the lot if you get judgement against you. Link to comment Share on other sites More sharing options...
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