Hi everyone

my sister got a letter on the 6th of feb saying she owes £173 for a parking ticket that happened in October last year.

It says a warrant has been put though from the courts but my sister hasn’t received any other letters about this.

This is the first she’s heard of the parking ticket.

With her being on benefits and not having the money to pay I was thinking of sending a n245 form but don’t no what court to send it too.

Ill upload a copy of the letter.

Any help really appreciate.

Thanks

Andrew

E007F505-5A47-4D11-99C1-143F8339C132-converted.pdf

Thread moved to the appropriate forum...please continue to post here to your thread.

Andy

Looks like a Bus Lane Contravention,

probably captured by a camera so a Council ticket that has now been handed to Jacobs to Enforce,

they have added the £75 Compliance Fee,

and if they visit it will add the £235 Enforcement fee also significantly increasing the debt.

Might be better to contact Jacobs and arrange a payment plan before they call.

jacobs will clamp any motor vehicle outside the premises if they see one so keep any car, motorcycle and anything of value outside away.

Tell Jacobs the financial aspect as well.

Don't think there is any other way to challenge the Penalty

it's not like a PPC Invoice

A plan before they knock and add £235 is a good move.

Others might be able to offer alternative advice.

Might be worth asking to see any images showing the contravention to make sure correct VRM was recorded,

even Bus Lane cameras and Council CCTV images are sometimes dodgy like PPC cheapo ANPR.

and confuse digits 1 or I, 0 and O

You should contact Jacobs ASAP, only 2 days left.

Has she moved lately as there is a chance all notifications have been sent to an old address.

The offence occurred May 25 2018.

Form N245 is of no use in this instance.

She hasn’t moved address since November 2017 and only received this in the post.

She’s had no chance to fight or pay the original fee.

She’s also mentally ill so don’t think she could deal with talking to the horrible people at Jacobs.

We have my car, my brothers and my sisters car parked on the front.

Surely if they try and take mine or my brothers we could sue them.

Could an email or letter work to explain the situation with them?

I can’t see how it can stand if nothing been sent but an enforcement letter

would I be able to talk on her behalf if we have to call Jacobs or is there no other way but my sister needing to talk to them?

Thanks

Andrew

OK she moved 2017 but did she change the address on the V5 for the car. If so then you need to contact the Council to see what address they have been sending all communication to. At present the Bailiffs have done very little wrong.

You say she is mentally ill - is it possible you could expand on this as there may be a possibility she could be treated as vulnerable?

also shes currently on PIP and esa because of her mental illness.

she gets panic attacks and can't deal with meeting new people.

Does she not qualify for being classed as vulnerable?

if it helps she was also admitted to a mental hospital for about a month last year when she had a breakdown

Just managed to speak to my sister her v5 had her old address on it and she updated it in Jan 2019.

I guess that's why she got this letter and nothing else.

I'm guessing for a better word she's done now then?

its her fault shes had no chance to pay it because she didn't update her address when she moved.

But that's because she wasn't all there when we moved she had only just come out the metal hospital.

Is there anyway that can be used as a reason for not having the right address so the debt can be sent back to the council and she could set up something with them.

Because she can just about live on what she has now with just having benefits.

Thanks

Andrew

She may be able to make an Out of Time Application to the Traffic Enforcement Centre but I am no expert on this, but will ask someone else to have a look.

Thank you ploddertom

If Bailiff Advice looks in they will be able to advise on an Out of Time, if it is accepted, the Penalty reverts back to the original amount and all bailiff fees are removed, allowing her to pay or contest.

I would definitely move all cars away from the property or outside it, Jacobs don't care whose car they grab, they have form for taking third party vehicles.

how would I go about contacting bailiff advice or applying for and out of time app for my sister? I'm also thinking what to do about contacting Jacobs about the situation and stopping them coming round. Because me and my brother work and are out of the house most of the day so my sister would be by herself.

Thanks

Andrew

Bailiff Advice is a regular advisor on here, Ploddertom has probably sent a PM to look in, I will do also.

you might find this thread useful..

https://www.consumeractiongroup.co.uk/forum/showthread.php?488961-Help!-Bailiff-took-my-car-today-for-unpaid-PCN-%96-is-this-PE2-acceptable

I am sorry for not visiting sooner but I was attending a conference all day.

As your sister had not received any of the previous notices from Manchester City Council, she has been disadvantaged in two ways. Firsty, she has been denied the opportunity to pay the penalty at the earlier 50% discounted rate, and secondly, she has lost the opportunity to appeal the ticket.

To correct this, the law provides that she can request that the debt be cancelled. This is done by submitting what is called an Out of Time statutory declaration. If accepted, the debt (including bailiff fees) will be cancelled. The council will then issue a fresh Penalty Charge Notice to your sister. She will then be able to pay at the earlier discounted rate.

The problem facing your sister is one of timing. As this debt relates to a bus lane contravention, she would need to submit an out of time statutory declaration (Form PE2 and PE3) as opposed to the much simpler Out of Time witness statement.

The downside to the stat secs forms is that she would need to print the forms off and take them to a solicitor to get her signature witnessed. The forms would then need to be scanned into your computer and EMAILED to the Traffic Enforcement Centre by the 'cut off' time of 4pm on Monday. All bailiff Enforcement would then be placed 'on hold' first thing Tuesday morning. The 'hold' would be in place for around 4 weeks waiting for a decision to be made.

I notice from the letter that the cut off time to make payment to Jacobs is 6pm on Monday.

Hi bailiff advice

How would she go about getting it witnessed by a solicitor? She doesn’t have any money for one and where could I find the forms she needs to fill out.

Thank you very much for your advice

Andrew

where could I find the forms she needs to fill out.

https://www.gov.uk/government/collections/traffic-enforcement-centre-forms

https://www.gov.uk/government/collections/traffic-enforcement-centre-forms

Hi how would I go about booking an appointment to get the docs witnessed?

I’ve looked at the other post that was put up and it said you can do it at the court but not sure what court to go to or how to get an appointment set up for my sister before the 6pm Monday deadline.

Thanks

Andrew

"This declaration must be sworn before a Commissioner for Oaths (e.g. a Solicitor), a Justice of the Peace (at any Magistrates Court) or an officer of your local county court before sending the declaration to the Traffic Enforcement Centre at the above address. You may have to pay a fee. Please complete this form in BLOCK CAPITALS and in black ink."

The abve is taken from the PE2 Form and from memory for Magistrates or County Court you can just walk in and this costs nothing, only at a solicitors may you be asked to pay - £5 or £10. When done copy the form - scan or photo & email to TEC.

The problem facing your sister is one of time. The earliest that she could get the forms witnessed is Monday. Assuming that you manages to get the forms witnessed and scanned over to the Traffic Enforcement Centre by their 'cut off' time of 4pm, then bailiff enforcement would be placed 'on hold' for approx 4 weeks from mid morning Tuesday. This time period would mean that she would have lost the opportunity to enter into a payment arrangement with Jacobs (the cut off time is 6pm Monday).

If you sister fails to get a payment arrangement in place with Jacobs by 6pm Monday, her account would be sent to an individual bailiff for the purpose of making a home visit. That visit would incur an enforcement fee of £235.

Hi Ploddertom

Thank you for the link i'm just filling out her forms now just not to sure how to word the complaint.

So far I have the following

Miss Victoria complains that the council failed to send correspondence relating to a Penalty

Charge Notice to her address. She had recently moved house so she did not receive the notice rejecting her

representation, and did not pursue her appeal rights.

In May 2018, Miss Victoria was issued with a PCN because of an alledged parking infringement.

She did not initially receive the document, having recently moved.

Also not sure what to put on the pe3 form for the reasons as we don't have the camera footage for the parking infringement so don't know what I can argue for her.

Any help would be much appreciated

Andrew

By the way, there is nothing stopping your sister making a payment proposal and still submit an Out of Time witness statement. That would probably be the best thing to do.

Hi Bailiff Advice

My sister only gets housing, PIP and ESA after all bills are paid shes only left with £50 a week to live on.

I think she would need to set up a payment plan because she doesn't have any saving so wouldn't be able to pay the fee in full.

Will sending these forms off stop the bailiffs from coming because I'm worried about the cars on the front.

Thanks

Andrew

By the way, there is nothing stopping your sister making a payment proposal and still submit an Out of Time witness statement. That would probably be the best thing to do.

That sounds like a good idea - on Benefits she will probably be looking at about £3-70 per week and means that even if the Out of Time is rejected then at least she should be saved a visit and the extra charge it entails. It is probably important that she sends the Bailiffs proof of her circumstances as well,

And move the cars away for the time being Jacobs will clamp or take all or any vehicle(s) they see outside and ask who owns it later.