I was advised by the national debt helpline that a bailiff collecting a PCN for the council had very strict guide lines of what they were legally allowed to charge for and what they were allowed to do in order to collect the debt. For example as the car was not clamped on the registered adress but on a public road in the middle of london they had no right to restrict the cars movements via a clamp. There for they can not charge you for clamping your car. There is also no law in the legislations that allowes them to charge for HPI checks nor Attendence fees. There is only a levy of distress fee which can be charged for attending and this fee is fixed under UK Law at the rate explained. Even that fee is not correct. I just wanted to have an expert re confirm this information as I have also seen the same info plastered all over the net. If so Im also looking for a solicitor to take the case on.

what are they legally allowed to charge me for? was there anything that they charged me for that was illegal?

I want my money back from them.

Im happy to pay what they are legally allowed to charge me for but not a penny more

I'm confused, what question did you ask me? I was waiting for a reply to my question?

Can a certified bailiff collecting for a PCN legally pass on the cost of a HPI check on to the client?

Can a certified bailiff collecting for a PCN legally charge an attendance fee with a van. As well as the levy?

Can a certified bailiff collecting for a PCN legally clamp a car and charge the client for it?

Please read the 1st and 2nd message to understand all my questions.

I think I was overcharged by the bailiff. I have had several sources confirm this. (national debt line, Citizens Advice, The legislation itself confirms the fixed charge, several legal Internet web sites and blogs. I want to confirm all the information I have with a expert lawyer in UK PCN traffic charges. My aim is to sue the company for a refund.

I was not parked in a car park with clamping signs. I was not parked illegally anywhere. They restricted my freedom of movement. They have no right to touch my property.

And I was advised that there is no legislation that allows a bailiff to charge a clamping fee when collecting for a PCN.

Are you able to answer my questions? Or can you research and get back to me?
Im awear that the charge certificate fee will still stand and so will any other legally implied fees paid. But I Beleive that I have been illegally overcharged. If you able to help please let me know. If not I'll have to find somebody else. This case may not be worth your time so I'm sorry for disturbing you if that is the case. Many thanks either way, Gavin

They never gave any reason. They just asked me to pay them a fee. I paid and later got a break down of what I paid for.

They only gave me a receipt, for the money I paid and a reference number .

Please find the original message to the site that explains everything. Please read it all and it hopefully will answer the question. Thanks


I had my car clamped in the middle of London by a Baliffe from NewlynPlc. They are certified baliffs and were collecting a sum of £172 which was issued by Northampton County Court in regards XX X PCN from Redbridge Borough council. Newlyn had received instructions to collect the debt on the 2nd May 2012. I had Parked my car on a private driveway but apparently my boot overhanged slightly onto the pedestrian foot pathway. CCTV issued me with a tickect for £55. I did not receive the informtaion as the car was registered to my old office address. The first I knew of the situation was when I was clamped. It all happened on the 2nd June 2012 over the Jubilee bank holiday so there was no institutions open to be able to ask any questions about the matter. I found my self being blackmailed by the baliff to pay a fee of £575.44 in order to release the car. If I refused to pay he would ask a truck to toe my car away and i would incurr more costs. So I paid him. My question is what fees are they legally allowed to charge me for?

The Break down i got from them was as follows:
7th May - Letter fee - £11.20
9th May - HPI Check - £20.00
2nd June - Bailiff Attendance fee - £115
2nd June - Clamping Fee - £120
2nd June - Levy Fee - £70

Total £336.20 + VAT = £403.44
+ £172 Detb from Northampton County Council = £575.44

I think the HPI check, Attendance fee and Clamping fee are all illegal. I also understand that the levy fee can only be 28% of the first £200 of the original debt and 5.5% over £200. As my original debt was £172. I beleive the fee can only be a maxium charge of £48.16.

Please help me understand what my position is in regards XX XXXXXXXX a refund. My name is XXXXX XXX I can be contacted on XXXXXXXXXXX

Many Thanks
 
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