Jump to content


Bristol City Council PCNs Help Please


style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 2236 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

Hi everyone,

 

I am looking for some help and guidance please.

 

In August 2017 i received an out of the blue phone call from a debt collection agency.

 

They advised that they were acting on behalf of Bristol City Council (BCC) and they had been instructed to recover several hundred pounds in relation to three unpaid Penalty Charge Notices (PCNs).

 

I advised the caller that i had never had a PCN in my life and in the event i did, i would have certainly taken care of it by now.

 

I asked the caller to confirm the vehicle details and it transpires that the vehicle is my daughter's.

 

I purchased the vehicle for her, as she didn't have any credit history to purchase it.

I handed the keys over to her and haven't looked back since.

 

We moved a few years back and when i moved i didn't think to notify the DVLA for my daughters' vehicle, only mine and my wife's.

 

Needless to say, the PCN apparently got sent to my old address, as this is where my daughter's vehicle was still registered in my name.

 

The debt management company wanted several hundred pounds, and this wasn't fair.

 

I disputed the PCNs with the Traffic Enforcement Centre and my case was upheld.

 

All the money i had paid to date was refunded to me and the matter was returned from the Court back to Bristol City Council, so that they could deal with it.

 

I should point out that the vehicle is now in my daughter's name and i advised all parties that i have never driven the vehicle and don't keep it overnight.

 

i was only ever registered in my name to purchase it for my daughter .

 

Bristol City Council have now re-issued the PCNs to me and want me to pay the full price of the PCN.

 

I have appealed this stating i should be eligible for a 50% reduction, as i would have been if i had actually received them through the post. Do i have to pay the full amount, even though i have never received the PCNs and not had an opportunity to pay them within the 14 days.

 

Also, when i appealed to the TEC i initially didn't hear anything for weeks.

 

I spoke to them and they said they were waiting for Bristol City Council to consider the appeal.

 

Apparently they should have responded within 19 days, but they took a lot longer.

 

Are the PCNs enforceable,

can i appeal and ask that they are reduced to 50% and can i go to the Traffic Penalty Tribunal as they were late in considering my appeal?

 

As a lay person, any help would be very much appreciated :-)

Link to post
Share on other sites

You mean bailiff not a DCA?

Name them please

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

the PCN's are indeed valid but believe that they should offer the discount period as they are reissuing rather than continuing or they risk the demand being invalid.

 

You cant blame anyone else or claim mitigation because you broke the law in failing to update your keeper details so if they are right then just consider yourself lucky that the bailiffs were called off as there was no compulsion on the TEC to consider your excuse.

 

so appeal by all mean but be prepared to accept that they might disagess with you and taking it further is an all or nothing risk

Edited by honeybee13
Paras
Link to post
Share on other sites

 

Also, when i appealed to the TEC i initially didn't hear anything for weeks.

 

I spoke to them and they said they were waiting for Bristol City Council to consider the appeal.

 

Apparently they should have responded within 19 days, but they took a lot longer.

 

Are the PCNs enforceable, can i appeal and ask that they are reduced to 50% and can i go to the Traffic Penalty Tribunal as they were late in considering my appeal?

 

This query would be better placed in the bailiff section of the forum as it addresses the position following submission of an Out of Time witness statement after notification of bailiff enforcement.

 

The local authority (in this case, Bristol City Council) would have been sent a copy of your Out of Time witness statement by the Traffic Enforcement Centre (TEC) instructing them that they must respond to TEC within 19 business days to state whether or not they are willing to accept your witness statement being submitted late (ie: Out of Time).

 

As outlined, a period of 19 business days is given for the response. This period of time equals approx one month.

 

The Traffic Enforcement will then need to process the response and send a letter to you. With the exceptional volume of applications received at the Traffic Enforcement Centre, it usually takes approx 2 weeks (sometimes slightly more) to get the letter to you.

 

As your application had been accepted, the Order for Recovery is revoked and the debt registration cancelled. This does NOT cancel the initial charge and accordingly, a local authority will then issue a new NtO (or Penalty Charge Notice as the case may be).

 

[removed] Highways England have accepted Out of Time witness statements (for Dart Charge) and issued fresh Penalty Charge Notices for £70 reduced t0 £35 if payment is made within 14 days.

 

PS: If you have not been offered the 50% discount, then you have grounds to appeal.

Edited by dx100uk
advert edit by DX
Link to post
Share on other sites

the PCN's are indeed valid but believe that they should offer the discount period as they are reissuing rather than continuing or they risk the demand being invalid.

 

You cant blame anyone else or claim mitigation because you broke the law in failing to update your keeper details so if they are right then just consider yourself lucky that the bailiffs were called off as there was no compulsion on the TEC to consider your excuse.

 

so appeal by all mean but be prepared to accept that they might disagess with you and taking it further is an all or nothing risk

 

If you make a stat dec that you did not receive the original NTO as presumably happened here the PCN gets reset back to NTO stage NOT Pcn stage so you will not get the discount.

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...