ccs enforcement and a parking ticket

[agb657]

Hi
my partner has received a letter thruogh the door from a bailiff stating that she owes £443.62 to ccs enforcement ltd for a parking ticket issued on the 30 september 2006 ,

we have no knowledg of said parking ticket so we contacted our local council bath and Northeast who said we could not talk to them about it or indeed pay any outstanding fine but had to deal with the bailiff.

I rang the bailiff who was an obnoxious fellow who said he would keep coming and would charge her £125 every time he comes I asked how much was the original parking ticket and it was £60 it went to court which made it up to £119.00 and the rest is charges for the bailiff has anyone got any advice how we proceed from here.

I hope this is in the right section

many thanks

[bmwman]

Hi agb657

If this PCN was issued by your local council write to the traffic enforcement centre and ask them to send you two forms Statutory declaration out of time and and statutory declaration unpaid penalty charge. Fill the in on the latter put notice to owner not received thus my write to make statutory represention has been denied.
take them to your local county court to sware them. Then take photo copies and send them recorded delivery to traffic enforcement centre.
This will then return it to Notice to Owner stage. Then come back to us

[B.A.Ts]

I can tell you that the bailiff charges are well over the top so until you get this sorted I advise you dont let him in

[tomtubby]

If you have receive a letter, then you need to act quickly otherwise you will have a visit.

As this is a debt for an unpaid PCN bailiffs tend to immediately clamp and remove your vehicle.

Therefore as you did not receive the ticket/notice to owner etc you MUST do the following:

1, Telephone the Traffic Enforcement Centre on 08457 045 007 . They will send you via e-mail an "Out of Time Late Statutory Declaration" .

2, You need to complete this stating that you did not receive the original PCN or Notice to Owner.

3. You need to either take this to a local solicitor to have sworn (approx £ or to the local County Court for swearing (free).

4. Fax IMMEDIATELY to TEC on the number that they provide for you.

5. TEC with then inform the bailiff company etc who MUST BE LAW DISCONTINUE any enforcement action until such time as the court has DETERMINED your Stat Dec. (At present approx 3-4 months )

6. Ask the Tec when the Warrant of Execution was issued......very important. Please let me know.

7. Contact the local council who issued the ticket and request a TRUE COPY of the ORIGINAL ticket.

8. Write a Subject Access Request to the bailiff company to request a FULL and DETAILED breakdown of the fees and charges.


If you delay.......the bailiff can, and very likely will return and remove you car.

If you have any queries please come back to me.

[agb657]

wow! thanks for the resposes great stuff
i have wrote to the council for a true copy of the original parking ticket , i have downloaded the statutory declaration but i dont know any of the details such as ( penalty charge number) shall i take it in anyway or wait for the copy of the notice.

our car is on hire purchase in my name but my partner is the registered keeper . how do we stand with thats ?

[green_and_mean]

Originally Posted by agb657

our car is on hire purchase in my name but my partner is the registered keeper . how do we stand with thats ?

A bailiff is not allowed to take a vehicle subject to finance. The vehicle is legally owned by the finance company until full payment is made.
Immediately you are aware that a bailiff could visit…..you must write to inform them that you do not own the vehicle. My advice would be to send the letter by Registered mail….an ensure that you keep a copy for your records.
Hire purchase means what it says….you are merely hiring the vehicle…..until the final payment has been made, again you will need to provide proof.
Please note that if you have been served with a default notice under the Consumer Credit Act 1974, here have been occasions when the car has been taken by the bailiff. If you have not defaulted on your agreement, a bailiff cannot take your vehicle.
If you have a bank loan outstanding for your car.
In this particular case, your car can be taken by the bailiff. This is because you are considered to be the legal owner of the car, and your name will be on the log book

[tomtubby]

It should be noted that although a bailiff company cannot sell a car subject to finance, this does NOT mean that they cannot remove it.

This is a method commonly used by bailiffs to force you to pay.

That is why I always recommend that a letter is sent to the bailiff company informing them that a vehicle is subject to finance.

[agb657]

ok
the local authority are point blankly refusing to send me a copy of the original ticket, TEC sent the forms back because i didnt know the penalty charge number i rang them and a woman there gave me her name and told me to ring the council and demand the penalty charge number and to mention her name etc and that must have scared them into giving me the number but they will not send me a copy of the original ticket .

[bmwman]

Hi

Put number in box on stat decs take them back to county court to re sware them send back to TEC.
Then I would suggest you send the council a Subject Access Request letter asking for all copies of all your parking history over the past six years along with copies of PCNs, NtOs and Charge Certificates. Sent a cheque for ten pounds this is the satutory fee the council then have forty days to supply the information. They then have to comply.

[Fizzgig]

Please make sure that you notify the Council that you are filing a Stat Dec, as this requires that they suspend bailiff enforcement until your stat dec has been processed. If they do not do this, contact TEC as they have to suspend enforcement. If your stat dec is rejected, you may still take the case to a county court to see if the judge agrees that the council should accept it out of time by filing an N244(I think), which would, as you have been advised bring the case back to the Notice to Owner stage.

[agb657]

thanks fizzgig
the council will tell me absolutely nothing and informed me that untill they hear from TEC the action continues, and i finally got the stat dec off by getting the penalty charge notice from a bailiff letter, i will let you know what happens

[ChloeJane]

Hi there,

Be assured that once TEC approves the Stat Dec then you need not worry. It then goes to the Council for them to view the reason it is submitted. They then have to deny or accept the reasons you have stated. Once accepted by TEC the matter is suspended and no further action can be taken.

In the meantime, I would send a Freedom of Information request to the Council and a subject Access Request. I have just posted a link to this HERE

It is important that you do this

You will then be able to see if the Council did in fact follow procedure for the application of the the Warrant made at TEC.

You then are able to start to argue your case with knowledge and challenge on facts which is important. As this takes up to 40 days, the sooner the request is in the better.

If you have further questions, please post back.

[agb657]

Hi i finally got the subject access request back ,

it states that enclosed is a copy of the original PCN showing in detail the alleged contravention dates and car registration

a copy of the original notice to owner showing the date the notice was raised

it then states The council does not retain copires of the otiginal notices a they are automatically generated from a template we are therefore unable to provide you with this information

then we have pages of ticket history an then we come to a copy of a penalty charge notice with details filled out unsigned and obviously not the original.
then there is the TEC stuff giving the council till 4pm on the 13/12/07 for a response
there is a picture of what looks like our car from about six feet away tickets tax discs etc are all unintelligible , a picture of the windscreen everything in it is unintelligable , a picture of a ticket totally unintelligible

i would be ashamed to send these pictures of the ticket they are totally just white squares

[ChloeJane]

Hi there,

While you have been sent a lot from the sounds of things, you have great grounds to contest things.

Many people get the information and are not sure what to look for. The first thing you need to look for are the times and dates that the letters were sent to you. If you look on the ticket history, you will note the times they claim they sent reminders to you. These need to be looked at and if you scan those pages up here, it would be really great to point out what is argueable.

Can you post back the following;

1) Date of offence
2) Date of Notice to owner and time
3) Date of Charge Certificate and time
4) Date of application made to TEC for warrant to be generated
5) Date of warrant authorisation.

Have you got back the subject access request from CCS yet?????

CJ

[agb657]

Hi chloejane

date of offence 30/09/06
the rest i cant make out could you tell me how to put a scanned image into a post and i will do that

cheers

[ChloeJane]

If you scan the image as a jpeg or picture file, you can then add it to photo bucket with a free account and link it to here!

[agb657]

well here goes
myphotoalbum.com/view_photo.php?set_albumN ame=album01&id=ticket_his tory00001


not quite right i think

[agb657]

Photo Sharing by MyPhotoAlbum.com :: MyPhotoAlbum :: parking ticket ::

try that, sorry

[agb657]

ok we have recieved a letter today that the application for leave to file a statutory declaration out of time to be refused any body got any ideas please?

and i