Jacobs enforcement bus lane fine and court

Stop or Suspend Enforcement. Appeal the PCN. Claim Damages for Unlawful Interference with Vehicles.
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jack
Posts: 3
Joined: 07 Oct 2019 12:10

Jacobs enforcement bus lane fine and court

Post by jack »

hi all,
Last year I drove onto a bus lane and fines kept coming to my old address, where I have't lived there for nearly 3 years.
Around a month ago I received an informal text message onto my phone number saying I need to pay around £400 and not to ignore the message. I thought it was a scam and then the following day I was informally rang and said I owe money for a bus lane fine.

I called the Traffic Enforcement Centre to see what this was regarding. They told me it was DVLA's fault as my new address may not have been updated onto the system and they were sending all correspondence to my old address. I then had to fill out a statutory declaration out of time and swear an oath of faith at my local county court.

On Friday I received a response letter from the traffic enforcement centre and it has been considered by an officer of court and it doesn't state a reason why my application has been refused. Reading some posts on this forum I have realised it may have been rejected as I didn't give any evidence of my address change. I am devastated and shocked as when I went to my county court an officer of court stated everything was fine with my application , no mention of attaching any evidence of my address change.

I do not agree with this decision as I have never seen any fines and its not my fault that the DVLA didn't update my address even though I rang up to tell them of the change. Everything was happening at my old address and I haven't lived there for 3 years. Now I have 2 weeks to apply for a review and I can either pay £255 for a review and hearing with a District Judge or £100 for just a review with a district judge. Please could anyone help me?
Thank you
jack
Posts: 3
Joined: 07 Oct 2019 12:10

Re: Jacobs enforcement bus lane fine and court

Post by jack »

This is in Manchester
Any advice would be much appreciated
zeke
Posts: 245
Joined: 30 Jul 2012 21:23

Re: Jacobs enforcement bus lane fine and court

Post by zeke »

If you get a traffic penalty at an old address, then gather evidence of your current address.

If did not attach evidence of your current address causing your application to be dismissed. The court followed Section 7 of the Interpretation Act 1978 which requires proof to the contrary that a document (in this case, a Notice to Owner) given by post is served on the recipient.

A review of the decision will also fail because the finding will be -(quote) the court had the right to make that decision.

If you get a text message from a bailiff, then you report it to the Information Commissioner's Office and to your mobile provider by forwarding the text message to 7726. They are probably looking for your new address or the whereabouts of your car.

Here is how to deal with nuisance text messages from bailiffs: https://www.nationalbailiffadvice.uk/Sp ... liffs.html

As you have already made a Statutory Declaration, leave it there. I cannot get you off the traffic debt.

Apply for a detailed assessment of the bailiff's fees and charges under CPR 84.16, and an application for your costs under CPR 46.5. That will suspend the enforcement power pending the court's assessment of the bailiff fees.

The warrant of control with your old address is on court record. The bailiff attended or contacted you at your new address and proves the Notice of Enforcement was not given, which revokes all the bailiff's fees. Regulation 3 of the Taking Control of Goods Regulations 2013.

Just remember to exhibit evidence of your current address when you make the application, and exhibit evidence the bailiff sought to take an enforcement step at your current address e.g a money demand.
jack
Posts: 3
Joined: 07 Oct 2019 12:10

Re: Jacobs enforcement bus lane fine and court

Post by jack »

Hi Zeze thank you very much for your reply,
The only contact I had with the bailiffs was over the phone, I was so shocked that someone was telling me that I owe £408 I told them my new address. I found out all the bus lane fine details from Manchester Council and TEC over the phone. Within a week I had send off my PE2 and PE3.

I would like to pay the original fine of the bus lane fine I have no problem with paying the first sum at all, but I do not agree with paying £408.

I have never received any official paperwork from the bailiffs so I don't have any information regarding them. I deleted the text message too as I thought it was a scam. I acted on goodwill by phoning the Council and chasing this matter up.

Please could you let me know how could I go about applying for a detailed assessment of the bailiffs fees and charges?
Thank you
zeke
Posts: 245
Joined: 30 Jul 2012 21:23

Re: Jacobs enforcement bus lane fine and court

Post by zeke »

If you try to pay the council direct, they will mess you about. You may as well trouser the money.

You can only apply for a detailed assessment if the bailiff clamps your car or turns up at your current address without applying to the court under CPR 75.7(7) for a fresh warrant with your current address.

If you gave the council your new address then your car is in peril, they will pass it to the bailiff without applying for a fresh warrant under CPR 75.7(7). You can bring it on with a detailed assessment and a claim for damages.
jack
Posts: 3
Joined: 07 Oct 2019 12:10

Re: Jacobs enforcement bus lane fine and court

Post by jack »

okay thank you,
What should I do if the bailiffs DO send me the warrant for my new address? So do now I just wait ?
zeke
Posts: 245
Joined: 30 Jul 2012 21:23

Re: Jacobs enforcement bus lane fine and court

Post by zeke »

They can enforce if the bailiff sends a Notice of Enforcement at your new address. You can pay the traffic debt with the £75 compliance stage fee and that will be the end of it.

If a bailiff cheats by jumping straight to enforcement, then you can have a detailed assessment. That usually ends up writing off the entire traffic debt and all the bailiffs fees.
jack
Posts: 3
Joined: 07 Oct 2019 12:10

Re: Jacobs enforcement bus lane fine and court

Post by jack »

What are compliance fees and why would I have to pay £75 for them if I have never received any letter from the bailiffs, if I have never received any fines and I changed my address with DVLA. Why would I have to pay for someone's mistakes?
zeke
Posts: 245
Joined: 30 Jul 2012 21:23

Re: Jacobs enforcement bus lane fine and court

Post by zeke »

The Compliance stage fee is the name given to the £75 stage fee when the bailiff gives a Notice of Enforcement. It's a statutory charge,

You cannot claim against the DVLA for giving a wrong address because you have no contract with them.

Your action is against the authority that issued the traffic penalty because they contracted with the DVLA who supplied a wrong address causing you a loss.
jack
Posts: 3
Joined: 07 Oct 2019 12:10

Re: Jacobs enforcement bus lane fine and court

Post by jack »

Thank you for the information.
This is very unjust as I have to pay a bigger amount than the original fine.
It's upsetting that the court officer at my county court didn't let me know that I needed to include evidence with my PE2 and PE3.
Thank you very much for your replies
zeke
Posts: 245
Joined: 30 Jul 2012 21:23

Re: Jacobs enforcement bus lane fine and court

Post by zeke »

The court staff are economical with their advice. But I'll give you this bit of info, but with a word of caution: I have never done this before.

The court dismissed your appeal because you did not give evidence of your new address different from the warrant address.

A PE2 and a PE3 is a statutory declaration which must be sworn before a solicitor. On that document, you gave your current address, and that by itself is the evidence proving the contrary the Notice to Owner was given and that satisfied the burden of proof under section 7 of the Interpretation Act 1978.

You could run with a form N244 on that basis, but I don’t how a judge would see it.

Several years ago, I assisted a TV show prank to test the honesty and integrity of parking adjudicator at what was then PATAS (Parking and Traffic Appeal Service), and the adjudicator failed the test. It involved a car being left in a tow-away zone and they allowed it to be towed away with the driver present. The adjudicator took it upon himself that he did not accept the driver was present when the car was lifted from the ground. We all know that was not true because it was filmed by a TV crew in a van parked opposite, but we didn't tell the parking adjudicator he was an unwitting contestant.
jack
Posts: 3
Joined: 07 Oct 2019 12:10

Re: Jacobs enforcement bus lane fine and court

Post by jack »

Thank you very much for your reply.

That's sad to hear that people in superior positions of the justice system would break it and lie.
jack
Posts: 3
Joined: 07 Oct 2019 12:10

Re: Jacobs enforcement bus lane fine and court

Post by jack »

UPDATE:
Good afternoon,
I have recieved this letter today to my new address the first ever letter I have ever received from Jacobs. Please could I be advised on what to do now? thank you so much
Jack
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jack
Posts: 3
Joined: 07 Oct 2019 12:10

Re: Jacobs enforcement bus lane fine and court

Post by jack »

im attatching the picture again as I see it's very blurry sorry for the inconvenience
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jack
Posts: 3
Joined: 07 Oct 2019 12:10

Re: Jacobs enforcement bus lane fine and court

Post by jack »

So i have checked the bailiff's actions and i can see that it costs £235 for enforcement however Jacobs has never been to visit my new address. I do not know what i owe £408, they only sent me a letter to pay but i dont know what im in debt for.
I thought as advised by Zeke previously that the amount to pay would drop to the £75 compliance fees once Jacobs knew they had the wrong address.
zeke
Posts: 245
Joined: 30 Jul 2012 21:23

Re: Jacobs enforcement bus lane fine and court

Post by zeke »

Its a hit & run letter. To see if anyone makes contact to acknowledge the debt.

If you are threatened with enforcement action at your new address, then apply for a detailed assessment. That puts the matter to bed and lands the bailiff with a big bill.

Until then. Park it.
jack
Posts: 3
Joined: 07 Oct 2019 12:10

Re: Jacobs enforcement bus lane fine and court

Post by jack »

hi, Zeze thank you for your reply,
Could you please explain to me why you named the letter a hit and run please.
Also why would the bailiff get a big bill from me wanting a detailed assessment?

Also i think its important to note i am a classed as a vulnerable person as my English language is very poor in communication and i can't write. The person dealing will all of this is my 17y/o daughter.
thank you
zeke
Posts: 245
Joined: 30 Jul 2012 21:23

Re: Jacobs enforcement bus lane fine and court

Post by zeke »

Bailiffs companies have a policy which includes training rookie bailiffs in the classroom a tactic that has been described as Hit & Run.

It is the practice of many bailiff companies to leave documents hanging out of your letter-box without knocking the door. Its often to see whether a debtor lives there and makes contact in cases the bailiff is not sure of the debtor's current address.

Your Jacobs document is a prime example.

It is also to attract a £235 enforcement stage fee.

A detailed assessment is an application to the court to assess whether the fees are lawfully due. If the court says they are not, the court makes the bailiff company pay the legal costs of the applicant.

The costs ordered are typical £3500 + VAT for a traffic debt enforcement fee assessment.

The most common occurring traffic enforcement fee assessments are for drive-by enforcement events, - this is where bailiffs drive by and find a car associated with unpaid traffic debts and they clamp it to coerce payment from its owner, even if the owner has changed address and did not know about the traffic penalty.

If you are a vulnerable person, there is a provision to apply for a detailed assessment to decide whether the £235 enforcement is recoverable from you. The provision is under CPR 84.16(2)(d).

There is a further provision for vulnerable people. Regulation 12 of the Taking Control of Goods (Fees) Regulations 2014.


Recovery of fees from vulnerable debtors


12. Where the debtor is a vulnerable person, the fee or fees due for the enforcement stage (or, where regulation 6 applies, the first, or first and second, enforcement stages as appropriate) and any disbursements related to that stage (or stages) are not recoverable unless the enforcement agent has, before proceeding to remove goods which have been taken into control, given the debtor an adequate opportunity to get assistance and advice in relation to the exercise of the enforcement power.
jack
Posts: 3
Joined: 07 Oct 2019 12:10

Re: Jacobs enforcement bus lane fine and court

Post by jack »

Good morning Zeze,
Thank you so much for your reply :)
jack
Posts: 3
Joined: 07 Oct 2019 12:10

Re: Jacobs enforcement bus lane fine and court

Post by jack »

UPDATE
I emailed Jacobs saying this:
Dear Sirs,
By Law I am requesting a detailed assessment of my charges under CPR 84.16
I am requesting the name of the Court that issued your certificate and the issue and expiry dates.
Yours Faithfully

and also this:
I refer to your letter dated 25 October 2019 informing me that your company have been instructed by Manchester City Council to continue with proceeding against me, in respect of a bus lane fine. In your letter you state that you ask for a payment of an outstanding balance of £408 within 7 days.
The purpose of this letter is to advise your company that I believe that my circumstances fall within the category as contained within the National Standards for Enforcement Agents of “vulnerable situations”.

The reason for this is that English is not my first language and my level of English is very poor in writing and communication. The translation and writing of this is being performed by my underage daughter for whom this situation is very stressful and causing her a lot of anxiety as she is worried by this situation as someone will come and embarrass her at our new address. This situation is also causing a negative impact on her ability to revise and complete homeworks as she is constantly having to research information regarding this matter, write, translate and attend the County Court for a Statuatory Declaration Out of Time to be witnessed by a Court Officer.
I am copying this letter to my Local Authority.
Yours Faithfully

Today I have recieved this letter in response from Jacobs . Any idea what I should do now? Any help is much appreciated thank you
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jack
Posts: 3
Joined: 07 Oct 2019 12:10

Re: Jacobs enforcement bus lane fine and court

Post by jack »

I sent them an email and they sent me a letter through post that was delivered by the mailman.
jack
Posts: 3
Joined: 07 Oct 2019 12:10

Re: Jacobs enforcement bus lane fine and court

Post by jack »

I also emailed Manchester Council the same things that I emailed Jacobs and an officer from the council wanted to me to phone her but I was in work so only my daughter could talk however they wanted comfirmation that I allowed her to speak on my behalf ,which I gave but there was no contact from the council officer.
So I rang the Council on Friday saying an officer wanted to speak to me however they weren't present ,but the person from the Council saw on my file that I was dealing with bailiffs and froze Jacobs for a week allowing the officer time to contact me.
zeke
Posts: 245
Joined: 30 Jul 2012 21:23

Re: Jacobs enforcement bus lane fine and court

Post by zeke »

Do not communicate by phone.

Do it by email so you have a record of what is said.

When communication by phone with someone of limited English is requested, it's usually to trick you.

Do not answer to the door to anyone not expected.

If you have a car, park it on a neighbours driveway or parking space.

That way, the bailiffs cannot carry out enforcement until you are ready.

You do not need to give the bailiff company a notice that you are having a detailed assessment under CPR 84.16.

If you instruct a solicitor to bring a CPR 84.16 fee assessment, the enforcement power is suspended in any case.

Being in a class of vulnerable people doesn't exempt you from enforcement. It only prevents recovery of enforcement stage fees until you have an opportunity to get advice about the enforcement power.

When a client approaches me or our firm, I do a detailed assessment. The costs are charged to the bailiff company but you are still on the hook for the traffic debt itself.

The bailiff company is demanding £100 a month.

If that demand places you on an income that falls below the poverty threshold, which is the income afforded to you by state benefits, then you can dispute the demand and reduce it to a sum that is compliant with the poverty threshold. That can be as low as £5 a week.

Once the amounts paid equals the sum on the warrant of control, usually £213, the "amount outstanding", that is the threshold at which the enforcement power ends.

The enforcement power under under the operation of paragraph 6(3) of Schedule 12 of the Tribunals Courts and Enforcement Act 2007.

The definition of "amount outstanding" is provided in paragraph 50(3) of Schedule 12.

Bailiff companies propagate a myth that claims the enforcement power continues until after their fees are paid.

That rule, which is regulation 13 of the Taking Control of Goods (Fees) Regulations 2014, only applies to the proceeds of enforcement where the money raised is less than the debt and the cost of selling the controlled goods.

Have a look through this checklist and see what other remedies are open to you. https://www.nationalbailiffadvice.uk/Ba ... Sheet.html
jack
Posts: 3
Joined: 07 Oct 2019 12:10

Re: Jacobs enforcement bus lane fine and court

Post by jack »

Good morning,
Thank you for your reply.
So if I go to a solicitor and ask for a detailed assessment of the charges I won't get charged at all, all the charges go onto Jacobs?

And because I sent Jacobs this email:

By Law I am requesting a detailed assessment of my charges under CPR 84.16
I am requesting the name of the Court that issued your certificate and the issue and expiry dates.
Yours Faithfully

Do you think it's likely they will ignore it because it isn't through a solicitor.
Can they reply to me as an ordinary person or does it have to be through a solicitor?

Is Jacobs following the law here because I have never recieved any initical PCN's and I have only ever recieved 2 letters from Jacobs in this whole situation to my new address. How can I pay them £408 which will include charges for letters and visits when they have never been to my new address and you called these letters 'hit and run''s.
Thank you
zeke
Posts: 245
Joined: 30 Jul 2012 21:23

Re: Jacobs enforcement bus lane fine and court

Post by zeke »

Jacob's will take no notice unless they get a hearing date for a detailed assessment.

That's why I never engage a bailiff company unless court rules require it.

Some solicitors will want money on account before starting work. Others work without a fee and get paid when they recover their costs from the bailiff company.

I cannot name solicitors on this board because it is public. You need to search online.
jack
Posts: 3
Joined: 07 Oct 2019 12:10

Re: Jacobs enforcement bus lane fine and court

Post by jack »

thank you very much Zeze.
I know this advice would cost me much if I asked a local solicitior so I am very thankful at your commitment to help me on this forum. :)
jack
Posts: 3
Joined: 07 Oct 2019 12:10

Re: Jacobs enforcement bus lane fine and court

Post by jack »

Good evening,
Today I received a reply from Manchester Council by email that they wanted confirmation that I am 18 years old or more. I told them I am 17 and they replied saying that they can 'no longer enter into any further correspondance with me' about my dads issue, and to contact CAB for further assistance. From the age of 16 I have been voluntering at CAB and I give advise to people and no one has commented on my age. This month I start my formal CAB training and I am studying law now and will at University too.
Do I need to be 18 under any law for them to be able to correspond with me regarding this issue?
It didn't bother anyone when I attended the County Court with my dad to decalare Statuatory Declaration that made a fool of himself trying to read it and the fact that he didn't even understand what he was reading.

I wrote a complain to Manchester Council in regarding the bailiffs that I would like Manchester Council to retreat the bailiffs and that I would like to pay the original sum as the bailiffs aren't following the law. They have 5 days to respond. Will they reply to this complain if they said they won't correspond with me anymore.
Will anyone who writes an email now on behalf of my dad get asked for their age?

Please could anyone let me know where I could file a complaint about Manchester Council and Jacobs. I am bewildred at this situation.
Thank you so much for all advise again, this situation is very frustrating.
zeke
Posts: 245
Joined: 30 Jul 2012 21:23

Re: Jacobs enforcement bus lane fine and court

Post by zeke »

If the bailiff wont correspond with you then they cant take any money.

You may as well park the matter.

If anyone gets confrontational then keep the door shut and make them wait outside. They will go away eventually.
jack
Posts: 3
Joined: 07 Oct 2019 12:10

Re: Jacobs enforcement bus lane fine and court

Post by jack »

Thank you for the reply,
The response letter that we received from Jacobs from the welfare team isn't a direct answer whether they will treat my dad as vulnerable or not because of his low standard of English.

If he is categorised as vulnerable can the bailiffs attend the new address?

I reckon that some sum of the £408 is for visiting our old address, and if my dad is vulnerable is this legal?
All replies are highly apprecaited
zeke
Posts: 245
Joined: 30 Jul 2012 21:23

Re: Jacobs enforcement bus lane fine and court

Post by zeke »

It's not legal because attending a wrong address doesn't attract a fee.

A bailiff company having a "welfare department" is a sham. It's their terminology for postponing enforcement for 30 days under the pretence the debtor might not be vulnerable after 30 days have passed.

If you are not having a detailed assessment, then these are your only remaining options: https://www.dealingwithbailiffs.co.uk/S ... ailiff.htm
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