Notice To Owner Query.

[Enfieldian]

Hi,

I have a query regarding a parking ticket issued by LB Hillingdon.

Long story short, here goes.

I drive an Avis hire car supplied via my employers, therefore not registered to me.

In August of this year a Bailiff from Collect services turned up on my doorstep wanting £360 for a ticket I knew nothing about.

It turned out that the ticket was allegedly issued when I was in possession of the vehicle, in a location near to my home, but dated back to October last year.

At the time, foolishly, I gave him £100 just to get rid of him and he left saying he wanted the balance within a week.

I subsequently filed a Statutory Declaration as I had not received the original ticket or follow up correspondence.

LBH did not challenge this and have cancelled the Charge Certificate, Order For Recovery and Original Notice to Owner, all of which they say were issued to me at my home address but never received.

I have now received a new NTO, dated October 2006.

My queries are three-fold.

1) As I understand it, legislation currently states that a NTO must be issued within 6 months of offence. How do the above circumstances affect this, if at all?

2) The NTO requests payment of £80. If I appeal against this stating that I never received the ticket on my vehicle, will it be reduced to £40?

3) If I am to seek a partial or full refund of the £100 paid to Collect services, do I request this via LBH who appointed them, or Collect themselves? Does the cancelled charge certificate negate the fees that they have added to the account?

I was not sure whether to post this here or on the Bailiff board but as there is no longer a case for the Bailiff to actually enforce/collect on then I thought here would be more relevant.

Many thanks.

	Fight a Motoring Ticket kit Follow this link to read the review of the "Fight a motoring ticket" kit by Lawpack. Everything you need to challenge your motoring ticket. Most motoring tickets go unchallenged. Most which are challenged are challenged successfully.

1. you should not have paid the bailiff in the first place.
2. if you appeal the council may reduce it to £40 or they may keep it at £80. they should reduce it to £40.00 under the circumstances
3. although you paid the bailiff £100 the council probably has not seen any of it. the bailiff has scoffed this himself.
4. if this was a rental car/van then your employers should have recieved a letter from the council about this and would have kicked a stink up.
i can tell you other things you can do but i will have a moderator after me !!!

[rogerebaker]

Originally Posted by Enfieldian

Hi,

I have a query regarding a parking ticket issued by LB Hillingdon.

Long story short, here goes.

I drive an Avis hire car supplied via my employers, therefore not registered to me.

In August of this year a Bailiff from Collect services turned up on my doorstep wanting £360 for a ticket I knew nothing about.

It turned out that the ticket was allegedly issued when I was in possession of the vehicle, in a location near to my home, but dated back to October last year.

At the time, foolishly, I gave him £100 just to get rid of him and he left saying he wanted the balance within a week.

I subsequently filed a Statutory Declaration as I had not received the original ticket or follow up correspondence.

LBH did not challenge this and have cancelled the Charge Certificate, Order For Recovery and Original Notice to Owner, all of which they say were issued to me at my home address but never received.

I have now received a new NTO, dated October 2006.

My queries are three-fold.

1) As I understand it, legislation currently states that a NTO must be issued within 6 months of offence. How do the above circumstances affect this, if at all?

2) The NTO requests payment of £80. If I appeal against this stating that I never received the ticket on my vehicle, will it be reduced to £40?

3) If I am to seek a partial or full refund of the £100 paid to Collect services, do I request this via LBH who appointed them, or Collect themselves? Does the cancelled charge certificate negate the fees that they have added to the account?

I was not sure whether to post this here or on the Bailiff board but as there is no longer a case for the Bailiff to actually enforce/collect on then I thought here would be more relevant.

Many thanks.

There is no time limit for the service of a NTO. The ajudictor has indicted that it should be served within 6 months but in your case they would probably have a good reason for not doing so.

I would make a real issue to the council that you have already paid 100.00 to the bailiffs. They are at the end of the day collecting for the council so they have already collected the money and they owe you 20.00.

Regards the NTO. I have had a couple and they have both been wrong. It must state that you have 28 days from the date the notice is served to make representations. Both mine said 28 days from the date on the notice which is clearly several days earlier. Both mine were cancelled as a result.

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	Fight a Motoring Ticket kit Follow this link to read the review of the "Fight a motoring ticket" kit by Lawpack. Everything you need to challenge your motoring ticket. Most motoring tickets go unchallenged. Most which are challenged are challenged successfully.