If you have received a letter from bailiffs for the recovery of Council Tax arrears, the first thing to remember is THEY CANNOT BREAK INTO YOUR PROPERTY!
YOU DO NOT HAVE TO LET THE BAILIFFS IN when they call to seize your goods. Even if you open the door to them they are not allowed to push their way into your home. By law they have to make “peaceable entry” in order to seize your goods. Therefore, it is important that you DO NOT INVITE THE BAILIFFS INTO YOUR HOME.
Even if the Police come with the bailiffs you still do not have to let the bailiffs in. The Police are only there to keep peace and should not encourage you to open the door and let the bailiffs in.
The best thing to do when you receive a letter from the bailiffs is to ALWAYS CHECK WHO IS AT THE DOOR BEFORE YOU OPEN IT. SEEK ADVICE as soon as possible to try and make an arrangement to pay off the arrears your advisor will be able to check and make sure you have received all the benefit and discounts you are entitled to see if the level of arrears is correct.
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ONCE YOU HAVE LET THE BAILIFF INTO YOUR HOME, THEY CAN TAKE WALKING POSSESSION OF YOUR GOODS AND COME BACK AT ANY TIME (EVEN IF YOU ARE NOT THERE) AND SEIZE YOUR GOODS.
The bailiffs can walk in through an open door or climb through an open window. They can also sometimes break into interior doors. Therefore, it is important that you KEEP ALL EXTERNAL AND WINDOWS IN YOUR HOME LOCKED .
Please seek advice about your Council Tax arrears as soon as possible. Your adviser can then try to help you make an affordable arrangement to pay off your arrears. COUNCIL TAX ARREARS ARE A PRIORITY DEBT AND IT IS IMPORTANT THAT YOU MAKE ARRANGEMENTS TO PAY THEM OFF . |
14 Days If the fine is paid within 14 days of the issue of the ticket then there will be a 50% reduction in the amount of the fine. If full payment is made between 14 and 28 days then no further action takes place.
28 Days If payment is not made within 28 days then the Local Authority will send a letter to the owner. This letter, called a “Notice to Owner” gives details of how and where to appeal the issue of the ticket. For further information on appeals see bellow.
56 Days If payment or an appeal is not received within a further 28 days from the issue of the “Notice to Owner” then the fine will be increased by 50%.
70 Days If payment is not received within a further 14 days of notification of the increase then the Local Authority can apply to the County Court in Northampton to get the fine registered against the owner of the vehicle.
After the court order is granted then the Local Authority has 14 days to send a copy of the order to the owner along with further court forms on which the owner can make further appeals.
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As soon as the order is granted then the Local Authority can pass the debt to bailiffs for recovery of the debt. If bailiffs fail to collect the debt then the Local Authority can return to the courts to apply for other enforcement methods, [e.g. taking the debt direct from the wages or securing the debt against your home if you are a homeowner].
A court order for a Parking Fine is not entered on the Register of County Court Judgements and should not affect a persons ability to get credit. The above action by the Local Authority will add court costs to the total debt.
Note: Additional charges relating to clamping, removing and storing of vehicles may be added to the above charges. The level of these charges will vary between local authorities.
If you have a complaint over the actions of Local Authority, for example that they have not followed the above timetable, then you should put in a complaint in writing to the Local authority. If you are unhappy with the response that you are given to any complaint then a further complaint can be made with the Local Government Ombudsman. Special forms for complaints to the Ombudsman will be available at any Advice Centre. |
You should always keep proof of an appeal. Get a receipt if it is hand delivered or sent it by recorded delivery.
After 28 Days After the “Notice to Owner” has been sent there is 28 days to appeal the fine. This notice gives details of where an appeal or “representation” should be sent.
Representations can be made on the following grounds:
• You were not the owner of the vehicle at the time of the parking offence. If this is the case then you should provide the name and address of the person who was the owner at the time.
• The vehicle was parked without your consent after being stolen. As evidence you should provide a police crime report or insurance claim.
• The vehicle is owned by a hire firm and it was on hire at the time of the offence. Most hire firms will get customers to sign a statement which makes them liable to pay parking fines that are incurred during their period of hire.
• The parking offence did not occur. For example if the parking meter had not run out or the vehicle was loading or unloading in an area where this is allowed.
These are the main areas of appeal that will be considered. However it is also possible to appeal on the grounds that the vehicle was parked in an area where that was not restricted due to the absence of correct signs or markings. You could also appeal if the ticket is issued for the incorrect amount, for example the 50% increase has been charged without the 56 day wait.
Further Appeals [up to 28 days after the failure of the previous appeal] If the above appeal fails then the Local Authority must send the owner of the vehicle a “Notice of Rejection”. After this Notice is received there is a further 28 days to appeal to the Parking Adjudicator. The Adjudicators address will be included on the “Notice of Rejection”. The Appeal to the Adjudicators can be done by letter but if requested the Adjudicator can arrange for a hearing to take place. It is possible to ask for a further review of a Parking Adjudicators decision if this is done within 14 days of the date of this decision |
The Parking Adjudicator has the power to award costs against the vehicle owner or the Local Authority if it decides that appeals have been lodged or defended without valid reasons.
Appeals to the County Court [up to 21 days after the granting of a court order] It is also possible to appeal once the matter has passed to the County Court. An appeal can be lodged within 21 days of the service of the court order [the order is “served” 2 days from the date of the postmark on the letter from the court]. This appeal should be done by way of a “Statutory Declaration” on special court forms and sent to Northampton County Court Parking Enforcement Centre. The forms should be sent with the court order but should also be available at any County Court. The forms need to be signed before a legal witness before they are sent. Any court officer can act as a witness.
The only grounds for the appeal at this stage are:
• The “Notice to Owner” was not received.
• Earlier appeals were made but the “Notice of Rejection” was not received.
• There has been an appeal to the Parking Adjudicator but there has been no decision. It is possible to submit a late appeal and the court will decide whether or not accept this appeal. There is no charge for this appeal to the courts. If an appeal to courts is successful then the court order is cancelled but the Local Authority can continue the process from the “Notice to Owner” stage.
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These guidelines are to be used if you are tenant and have rent arrears. Use these Guidelines when you have an appointment with an advisor or solicitor. If you are able to prepare for the appointment, write a statement containing the information under the heading What to Include in Your Witness Statement or Affidavit . It will also help your adviser to see as many of the documents referred to in Supporting Documents as possible, so again, if you are able, get these together and sort them out in date order. The guidelines can also be used if you need to make an application yourself. Once your landlord has got a possession warrant to evict you from home, the only way to stop this is to ask the court “suspend or stay the possession warrant”. This needs to be done on an N244 Form, ideally with a Witness Statement or Affidavit (which has to be sworn at the Court); if there is no time to prepare either a Witness Statement or Affidavit you should put your statement on the reverse side of the N244 in the section marked Part C. N244 forms and Affidavit forms can be obtained from Blackfriars Advice Centre or Lambeth County Court Office. You will have to pay a £35 court fee unless you are on Income Support (IS), Job Seekers Allowance (JSA) or Working Tax Credit (WTC). FILLING IN THE N224 FORM :
- Tick the box asking for a hearing (this is your best chance of success).
- At “Level of Judge” ask for a “District Judge”
- Briefly state on the front of the form, the main reason why you have not kept up payments e.g. Housing Benefit (HB) problems/family problems/losing your job, etc. State here the ages of any children living with you.
- Offer to pay a realistic amount off the arrears (at least £3.05 a week if you are on benefits or at least £5 a week if you are working). Ask for a monthly order if you get paid monthly. Remember to be realistic or you will not be able to keep to the order . You can always pay more than the order if you wish. For mortgage cases you need to who that you can make your current monthly installment, plus monthly payments to clear the arrears within at least the remaining term of the mortgage.
- Any papers which you wish to put with application to prove what you are saying e.g. Housing Benefits Receipts, rent receipts, letter from Doctor, etc, can be attached to your application, and be referred to in your statement, or listed in Part C.
WHAT TO INCLUDE IN YOUR WITNESS STATEMENT:
- About the Property:
- Say what your property is (e.g. 1 bed flat) & how long you have lived here.
- If anyone lives with you give their names & say how what their relationship to you is.
- Give the ages of any children.
- About the Original Rent/Mortgage Arrears:
- Say how and when you first got into rent arrears e.g. Losing a job, or the breakdown of a relationship, or illness. Give dates where you can.
- If you do not understand why you are in arrears, or can't remember what happened, you should say this.
- If you disagree with the arrears figure, you should say this and explain why you disagree.
- About the Original Court Hearing:
- Give as much information as you can remember about the original possession order.
- You should give the date of order and if it was a suspended possession order, say the amount you were told to pay off the arrears.
- If you attended the court hearing when the order was made, say if you had any legal advice.
- If you did not attend the court, say why you did not attend.
- About Missing Payments After the Court Hearing:
- You must Include this Information
- Explain the reasons for missing payments (e.g. Changes in your circumstances, i.e. loss of job, relationship breakdown, health problems, debt problems, not paying enough whilst waiting a long time for Housing Benefit (HB) etc.
- Say what, if any, contact you have had with your Housing Officer/mortgage company since the hearing, including whether you made any agreement to pay off the arrears. If you have not kept to agreements, explain the reason for this.
- About Housing Benefits:
- If you are waiting for your benefit to be paid, say the date you applied and whether you have done anything to chase it up NB. You still need to pay your water + at least £3.05 per week off arrears.
- If you think you should have got benefit when you did not get it, say when this was and whether you applied at the time.
- About Paying Off the Arrears:
- You must Include this Information
- If you can't afford to pay the rent plus an amount off the arrears (at least £3.05 a week if you are on benefits or at least £5 if you are working) the judge will not let you stay. For mortgage cases you need to who that you can make your current monthly installment, plus monthly payments to clear the arrears within at least the remaining term of the mortgage.
- You need to explain what is different now. This could be that you only now understand the seriousness of the situation or it may be that you have more money coming in.
- If you are working you could offer to set up a standing order or direct debit to pay the rent. (Remember to ask for monthly order if you are paid monthly), If you are in receipt of certain benefits (IS or JSA) you could offer to pay through Rent Direct. These will your case.
- If your income is high but you have a lot of expenses such as other priority debts (gas, electricity, Council Tax) you will need to explain this. It could make a difference to the amount the court will ask you to pay off the arrears on top of your current rent.
- If you can raise a lump sum towards the arrears (without causing you hardship or by obtaining a commercial loan), you should state how much and when it can be paid.
- Any lump sums of Housing Benefits due.
- Summary
- Say what would happen to you and your family if you were evicted and whether you have anywhere else to go.
SUPPORTING DOCUMENTS:
- Your court papers (e.g. summons and orders). You can get copies form the Court Office.
- Your rent statements going back at least 1 year (you can get copies from your Housing Office).
- Your Rent Card or rent receipts. Mortgage letters and statements.
- Letters from Housing benefit (if relevant)
- Proof of applying for Housing benefit or chasing them up (if relevant)
- Letters from your Housing Office
- Proof of income (if you are earning)
- If you are on benefit, a copy of your benefit book or a letter from the Benefit Office, stating which benefit you are currently getting
- Doctors letters/reports or hospital details where applicable
PREPARING FOR THE HEARING:
It may be that you have not been able to prepare a Witness Statement or you have not been able to write very much about your case on the N244. You will not have much time to speak at the hearing so you should not go into detail about the whole history of the rent arrears or your personal circumstances. The main issues you need to address at the hearing are as follows:
Why you have missed Payments
• Explain the reasons for missing payments (e.g. Change of job, relationship breakdown, health problems in the family, debt problems, not paying enough whilst waiting a long time for housing benefit (HB) etc.
• If you are waiting for HB, say when you applied and what, if anything, you have done to chase it up. If you have any proof of HB receipts, show them to the judge. Remember that you still need to pay any non-rent charges (e.g. Water rates, heating, hot water etc) plus at least £3.05 per week off the arrears even when you are getting HB.
• Say if you have recently made, and kept to, an agreement with your landlord or Housing Office, to pay off the arrears.
• If you or members of your family are suffering ill health see if you can get your GP to provide you with a letter go show the judge. Future Payments
• You need to show you can afford to pay the rent plus at least £3.05 a week.
• You need to explain what is different now. This may be something completely different e.g. A new job or a new claim for benefit, or it may be something less obvious e.g. That you now understand the seriousness of the situation, or have had debt advice so can handle your financial situation better etc.
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