FEATURE BAILIFF SPECIAL
Melissa Jones is bid manager for Market Harborough-based Rundle and Co, whose local authority clients range from Great Yarmouth on the east coast, through numerous London Boroughs and local authorities in the Midlands. The reform has certainly gained pace following the BBC’s Whistleblower programme in 2006 with the Tribunals Courts and Enforcement Bill being passed, numerous consultations on the reform and the revision of the national standards. Following the release of the government’s response in January, most critics have said they are concerned that the reform doesn’t get to the heart of the issue; that those individuals who cannot afford to pay or who may be classed as vulnerable, should be offered an affordable repayment scheme. The government have decided not
The industry has faced many challenges over
the years. Since the last formal review of statutory fees in 2003, overheads for most businesses such as utility bills and fuel prices have increased between 30 and 45 per cent. In addition the industry has had to cope with contracts with capped fee limits, alongside the costs of tendering and collecting debts during a global recession
38 APRIL 2013
to list vulnerable categories. Currently the national standards lists certain circumstances in which the debtor may appear vulnerable and where the bailiff should exercise caution, but these circumstances must be assessed by the bailiff when contact is made with the debtor. For example, the national standards say that the elderly could potentially be vulnerable. If a bailiff visits the property of a pensioner who is in good health and, after enquiries, is found to possess good assets together with a healthy income through pensions, should they be classed as vulnerable? By comparison a young couple starting out in life with a lower income and fewer assets wouldn’t be seen as vulnerable, but their circumstances could be classed as such. The government has recommended a period of 12 months for taking control of goods. The advice sector is concerned
■ Fewer customer complaints as the fees will be clearer for specifi c enforcement actions
■ Quicker payment as customers will pay at administration stage to avoid bailiffs visiting them
■ The clamping process and timeline will be clarifi ed
■ There may be a role for the local government ombudsman in reviewing complaints made by debtors in addition to any complaint process by CIVEA
■ Enhanced training for enforcement professionals
Adrian Lardner is sales and marketing director for Ross and Roberts. He has more than 25 years experience working in the bailiff sector. The enforcement industry clearly plays an important role in the economy and the justice system needs the revenue collection services delivered by bailiffs. The recent publication of the Ministry of Justice’s consultation report, dealing with transforming bailiff action, gives recommendations on bailiff activities and clarifi es the regulations – a move which is welcomed by the enforcement industry. But what do the recommendations mean to the parking profession?
■ A regular review of enforcement fees ■ A review of VAT on bailiff fees by HRMC If the MOJ statistics from the industry
reporting that approximately 50 per cent of complaints received about bailiffs relates to the level of fees charged, the clarity that the proposed fee structures provides should free up more time for the enforcement industry to focus on its core competencies. No industry can stand still and we must all embrace the challenges of change. Through enhanced training and technology the enforcement industry can continue to improve the service it offers its clients, which will ultimately improve the perception the public has of the enforcement industry.
www.britishparking.co.uk
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