Rossendales

[russelldurose]

I was away from home and Rossendales posted the attached notice. Can I pay direct to the Council what is owed? Am I liable for the inflated fees? If I pay the Council direct does the Enforcement die? I need help with this issue.

[russelldurose]

Attachment

[zeke]

The fees don't die if you pay the council direct, they become unenforceable. Paragraph 6(3) of Schedule 12 of the Tribunals Courts and Enforcement Act 2007.

[russelldurose]

So would be the strategy to make Enforcement unenforceable

[zeke]

If the bailiff wanted to enforce the fees, then he would need to apply for a new enforcement power.

One such bailiff did precisely that. He applied for a judgment in the county court against a debtor for the fees, but the claim failed because the bailiff didn't have locus standi to bring the claim. The money was owed to the enforcement agency.

[russelldurose]

I will pay the £83 direct to the Council and keep the car out of earshot.

[zeke]

You will have to give the bailiff a notice that the "amount outstanding" has been paid. Otherwise, he is not liable for damages if he takes an enforcement step. Paragraph 59 of Schedule 12 of the Tribunals Courts and Enforcement Act 2007.