Same PCN Number

[catscratch]

What a bleeding morning, woke with sound of van outside house at 4am, saw two people go towards car went outside to be told they were going to clamp car for unpaid parking charge. Called police as vehicle is under lease and used for work, police arrived, offered to make payment and told it would be £701 for two tickets, argued that it was only one ticket, bailiff showed two references with different numbers but same street, again argued that i had fought against original ticket and council and had reissued ticket. Bailiffs clamped car and then posted their enforcement notices through door, one reference ***415, one ***416, but then each showed they were for PCN with exactly same number, in fact i have copy of original PCN, called bailiff, he says he's right and that its two different things. Also in presence of police officer asked to see warrant issued by court and bailiff stated he did not have it but he could take me to his office to show it to me.
Tired, fed up, boss will kill me, i work as a community mental health nurse so cannot see clients today, ironic thing is that original PCN was issued whilst visiting client in hospital for parking in residents parking bay, no lines and a sign that was about fifteen foot up a lamp post and overgrown, i took photos but the council declared that it was visible, yes i've learnt a lesson, you can't win but what the hell do i do now

[tomtubby]

So many bailiffs are clamping cars throughout the night and early in the morning. Sadly your case is no surprise.

If a bailiff has seized your vehicle then he MUST by law leave a Notice of Seizure of Goods and Inventory and he MUST by law also provide a copy of the Warrant of Execution.

Can you send me by PRIVATE MESAGE only the name of the bailiff and compny that he wrks for and I will search our database to ensure that he is certificated.

In light of a recent court case this action would appear to be wrong.

If you have appealed this PCN and believe that an error has occurred, then you MUST immediately file an OUT of TIME late Statutory Declaration with the Traffic Enforcement Centre.

By completing this and getting it sworn this morning, nearly all bailiff companies will remove the clamp without any payment having to be made.

[catscratch]

unfortunately not much chance of filing 'out of time' before car is taken away. can you be charged for the same PCN twice??? accept that i will have to cough up £350 for PCN bu worried that i will also have to pay another £350 and fight through the court to get it back!!

[tomtubby]

You CANNOT be charged twice for the same PCN.
In addition, it would appear from the charges that this company are attempting to charge multipule fees for enforcing more than one PCN at the same time.

Clamping a vehicle this early is very common and our office are seeing this more and more. They also insist on payment BEFORE 9-o-clock to ensure that you cannot telehpne TEC. Just this morning we have had 5 such cases!!!

You have sent details to me of the bailiff and I have responded. INSIST on seeing his cetificate and ensure that it provides for the bailiff to work for this company.

Finally, I have concerns about the PCN....serious concerns.

You state the PCN's are from 2005. You therefore need to ENSURE that the warrant has not expired.

[catscratch]

Outcome - £350 down, car unclamped, duplicate fine nulled, BRIGHT SIDE... took day off work to get this sorted.. every cloud

[PizzaMaker]

Originally Posted by catscratch

Outcome - £350 down, car unclamped, duplicate fine nulled, BRIGHT SIDE... took day off work to get this sorted.. every cloud

Thats actually quite cheap for having a clamp put on the vehicle. May i ask what council it was for? If there tickets were for 2005, please ensure that the warrant was in date.

A lot of people go to work before 6am in the morning so the bailiffs are getting earlier and earlier.

[PizzaMaker]

[quote=tomtubby;1430419]


In light of a recent court case this action would appear to be wrong.
quote]

I know of one council who now tell the contracted bailiff that if they get no contact then a first visit can be added but if they find the car, they can only add a first visit and clamp fee. The defendant must then be offered the opportunity to pay and if they refuse, then further charges are applied.

[catscratch]

Stoke City Council, i think i got done over, received brilliant advice and support from TomTubby and have put things into action, will keep all informed.