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Jo C.
Jo C., Barrister
Category: UK Traffic Law
Satisfied Customers: 70508
Experience:  Over 5 years in practice.
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I had incurred everal congestion charges in 2012, by then I

Customer Question

I had incurred everal congestion charges in 2012, by then I had no job and about five months later I got the job and I called transport for London. They told me it was too late they had passed some to bailiffs but the others were with them. I paid those that were with them. Then I called the bailiff and agreed that I cant pay all of them at once because my income was not regular. I started paying but each time I pay then the bailiffs I had made agreement with was changed. They did this for three times. I did request for the total debt I never got one. I had payment plan arrangement with the third bailiff and on the day I was agree to pay they changed the bailiff again. This new one came home and wanted to sieze the goods. I went to citizen advice bureau but this new bailiff was so rude that he hanged up phone on him and switched off. we tried to get the total debt and how much we never succeeded from TFL and the bailiff office. By this time I had paid a total of £1025. The following day the new bailiff came and searched for my car and siezed it which was parked half a mile from my house and left a invoice that I should pay a total of £557.44 to get my car back. I paid this amount but when I asked the where about of my car the main office told me that my car would not be released until I have paid all the debt which they had always refused to to tell me. After a long arguement, I was told it was £2777.05. I tried to find out whether this include what I had paid already which now the total was £1582.82, the lady hanged up a phone on me. I wrote to local MP and Cllrs. My local MP wrote to TFL with success and my car was released after 15days and was told that the remaining debts had been written off. I had a letter of apology for maltreatment. There was still no amount of debt disclosed. I challenged this letter and insisted that I need the breakdwon of the debt. I have recieved the breakdown from the bailiff company. The original debt was £1034 when it was handed over to bailiff and increased to £4,024. There claimed property visit which never took place with no dates when these visits took place. There more than eight of them. I dont know where to turn to which solictor can help. Please advise. Sorry its a lengthy Thanks
Submitted: 4 years ago.
Category: UK Traffic Law
Expert:  Jo C. replied 4 years ago.

Thank you for your question and welcome to Just Answer. My name is Jo and I will try to help with this.

How can I help with this?
Customer: replied 4 years ago.

I want to know what I should do to claim the overpayment and abuse I had recieved from these bailiffs

Expert:  Jo C. replied 4 years ago.
Thank you.

I'm sorry if I'm missing the point but what is the maltreatment here? You seem to accept incurring congestion charges and that at least some of them were unpaid?
Customer: replied 4 years ago.

For JOMO 1972


1. The bailiff was very rude and I could not negotiate anything with him

2. He seized my car which was parked half a mile from my house


3. There was prepayment plan arranged with the previous bailiff which was not breached

4. I recieved intimation and harrassment for no obvious reasons because the plan was in place

5. I was refused the debt breakdown to which I am entitled as a customer

6.The breakdwon debt I have finally recieved shows that there are property visits that never took place these increased the charges from £1034 to over £4000 debts

I hope now you can see what I am talking about

Expert:  Jo C. replied 4 years ago.

On your specific points.

1 There's no claim arising from that per se I'm afraid. Sometimes bailiffs are rude and that is not against the law.

2 I'm not sure what you want to do about that? If it was in your name and the debt was yours then its a proper target.

3 This is always an arguable point. Ultimately the bailiff does not have to accept a payment plan at all. Often they will and upon payment they will not enforce the debt. If they hadn't agreed to the plan then they would still be free to take enforcement action. Of itself, I wouldn't normally suggest claiming on this basis alone but since you do have other points you might as well raise this.

4 I'm not sure thats right I'm afraid. Just because you are paying doesn't mean they cannot chase in the remainder of the debt.

5 You are entitled to a breakdown but the refusal is not grounds for compensation. You just proceed to their governing body.

6 This is really the only point that you can take. If they are claiming for ghost visits then thats just a simple issue of overcharging and you just claim from them at the county court.

Its probably a good idea though to focus upon that. If you include lots of irrelevant information you will annoy the Judge. Generally speaking Judges hate reading through lengthy claims to find the one and only paragraph that is relevant.

Overcharging is unlawful and that does give rise to a claim in compensation.

Can I clarify anything for you?

Customer: replied 4 years ago.

For Jomo1972


What advice can you give in the claim that the fairpacking is making that can claim all the money back. I do not want to lose the money again by paying him. I have copied his email message below to help you understand:

Dr Fletcher – I think that you may have misread the letter. It was a Notice of Intended Prosecution and not an invitation to TfL to become involved in a discussion. It informed TfL that in order to avoid prosecution they had to provide the proof asked for ie that TfL had prepared a warrant.


TfL has notbeen able to provide any proof that a warrant was prepared and sent to their bailiffs; that is because it doesn’t exist. In short there was no warrant and thus there is defence to an illegal enforcement. TfL was given the opportunity to provide that defence. They failed.


There is no follow up as there was no need for one. The door has been opened for you to instruct me to take this further following the failure of TfL to provide proof that a warrant was lawfully prepared.


The equivalent is the PCN you received. That too was a Notice of Prosecution only from TfL to you and as you did not react to the PCN they took the matter further. They didn’t need an answer from you any more than you need an answer from them.


The time has come to prosecute them


Ron pp


Expert:  Jo C. replied 4 years ago.
I'm not sure what you mean?

Can you ask a specific question? 'What advice can you give me?' could be answered by saying go home and drink tea but probably that isn't what you wanted to know!
Customer: replied 4 years ago.

For JOMO 1972


I see it looks its now helpful if I have to diggest things myself. I have just copied you the information from claim from someone who would like me pay him because he says he claim all the money that I had paid which is not my main focus but to change the way bailiffs abuse human rights. I do not accept that in modern 21st century, people should be terrorised for this I am already dealing with the politicians.


Thanks for your help

Expert:  Jo C. replied 4 years ago.
Sorry, I see what you mean.

Obviously I haven't had full vision of this case but I'm afraid I think it is very unlikely that you have a claim for all of the money back.

The first error in that letter is the notice of intended prosecution. You cannot issue NIPs to any person as you are not an emanation of the state.

What he means is a letter before action and, in fact, they are invitations to the other side to negotiate.

If you are being asked to pay money then I wouldn't get involved in this. Its nothing you cant do yourself anyway.