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Debstar2005

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  1. If you would like I can email you over the forms as the TEC emailed them to me last week? save you a fone call cos they can't help with any advise. Right in my case they have already taken my car and have told me that they're going to sell it with 7 days so to put them off I'm sending the OOT so that all action will stop until it's sorted out with the TEC. In your case you have already paid the fine so your in a better position then me your just trying to get your money back. Inregards to the car being a tool of trade you have to prove this like does you insurance policy have business insurance inc? are you the only one covered to drive it if yes then this is evidence. Your car does not have to be sign posted up to hill you need to prove that its part of your work like are you self employed? that type of thing. So basically yes he would still have taken it cos they all C**Ts ( sorry) I think the best thing is to buy a sign and stick to the car then they wont try and take it that's wot i am going to do if i get it back. Lol What i'm going to do is contact the bailiff in writing tomorrow threaten them with action against in regards to a complaint to the county court. Here is the form i will be using for future ref: you can also use this form to complain about fees http://www.hmcourts-service.gov.uk/courtfinder/forms/form4_0606.pdf
  2. Basically yes, that you never got the warrant obviously you got the initially letter from the council but don’t say that on the form just say you never received anything. You wait, as soon as the (TEC) receives your form they have to stop all action instantly. In your case this does not matter cos the action has already been taken the council has 19 working days to respond if the council does not respond in time then you get your refund regardless due to the time it has taken to process your form so fingers crossed for that event. As far as I know it used to cost £35 to send an OOT, but there is no longer a fee attached the only fee you could incur is £5 or £10 to get it signed? It cost £75 to appeal if the decision from the OOT is not in your favour you will then need to send a N244 (don’t quote me on the form number). The £75 is for the court officer to independently look at it. ‘I will be sending my OOT first thing tomorrow morning so I will keep you updated to what happens I am also sending a complaint to the county court regarding the bailiff who attended in relation to conduct and incorrect good s removed I am advised that bailiffs are scared of this as they can lose their certification. That’s free to do as well.
  3. At this currant moment i am writing a letter to bailiff who took my car which i need for work and is classed as a tool of trade i have insurance to prove i am covered for bussiness use. So i don't really think they can! i have read you thread and by issing you with the blue badge in the frist place i think its clear that the badge is to ease suffering and reduce stress and comes with a number of other benefit i think you should talk to the council office who issued it and find out what your rights are inregards to this they will know.
  4. They have to send you a warrant of execution without this they can't remove nothing. The sum of £500 odd would be for the bailiff who may have attended your home personally and there was no anwser from you. Bailiff companies dont send anything recoreded post so that may work in your favor Bailiff operative hours are between dust till dawn however I have never seen one on Sunday. Plus if they clamped your car and then knocked on your door thats another issue of contention that a court would look at.You have nothing to lose by sending in your OTT they can't prove what you have and what you have not recieved. Just see what happens its free to do.
  5. I have been reading alot of threads on here and you have nothing to lose by trying there are ppl on here that have had their money refunded 1st from the council and then the bailiff charges. The whole point of the form is to prove that you never receieved the letters and the warrant. I think in your case you should have a go and try! your better off going directly to the TEC as thats the main place rather then the area county court who would just forward it to the TEC. I am not an expert but I have been reading up alot cause it makes me feel better I myself have faith that it may work. Plus I have heard that in some case's the council is to lazy to investigate all claims so just hold there hands up and don't bother to fight cause you can imagin how many ppl make counter claims against them. Thats mostly Westminster Council ( BBC NEWS)
  6. At least you where able to pay! this happen to me this week and they wanted £1900. Go to the Traffic Enforcenment website and download forms PE3 and PE2 they both have to be sent off to the TEC you also have to get them signed in front of lawyer that does oaths. Which you can have done free at a county court I have leant this all this week. Anyway as far as i know this should stop anything that the council is doing at the moment and the TEC will make a judgement to either reduce the fine down to the original fine which you would have had on the day you got the ticket or they will say no and you will have to appeal on another form. Dec OOT ( Out of Time ) will hold you case for 4 week 19 working days. It means no further action can be taken. I am not sure really what happens if you have already paid. But for me they have my car and I just want the car back so hopefully the forms will stop the bailiff selling my car for 4 weeks rather then in 7 days. If you need these forms and can't find them they emailed me the pack over and i can forward them to you if you like ? Good luck and keep us posted
  7. I have both forms and i'm going to the county court on Monday morning to have it signed. My only concern is there going to say that they sent it. So its my problem regardless of the fact it was not safe for me to return home. Helpfully there will understand
  8. The Bailiffs came knocked on my door told me that I intially owed £430 for an unpaid parking ticket. I went to see him and then he said that he wanted £1900 because he found that I had outstanding tickets on a car that i sold a year ago. This tickets were run up by someone else but i can't prove it. Anyway he went on to say that they have attended my home on a number of occasions i have been suffering from domestic violence from my partner and was advised to stay somewhere else until i can be re-housed because i didn't want to stay in a refuge i chose to stay wid family this is why i have been unaware of the tickets. My partner has been throwing my post away or opening it him self and dashing anything of no interest to him. I sort legal advise and was advised to make a Dec out of time i have explaned the above in it and issue of the violence. My other problem is that I work as a surveyor and the car is used as part of my job i am deemed as an essential car user and need the car to carry out my job. My understanding is that a bailiffs can not remove tools of trade. I would be pleased if someone can tell me what to do if they have done this at the moment my car has been inpounded and the bailiff is going to sell the car within 7 working days. I have written to the bailiffs and the council advising them that they should consider this case cause if not then i will go to the papers. Its not fair that for my own safty i stayed away from my home and then return to find my car has been taken. What should I do ??? Any advise would be great Thanks
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