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kbdavies

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Everything posted by kbdavies

  1. Hello TT, it all a bit complicated to explain in writing. It may be a bit long winded. Is there any other way to reach you? Do you offer a proffesional service? Plaese let me know asap.
  2. Tomtubby, is it possible to pm you? As i do not want to discuss the details here. Let me know.
  3. Hello All, quick question - Can a bailiff tow away a car that isn't yours? To elaborate, bailiff "levied" the vehicle before, but OOT Stat Dec was filed, and was instructed by Local Authority to hold off action. In the meantime, vehicle was sold, but left at same address. Stat Dec was refused and LA instructed bailiff to commence action. Bailiff maintained vehicle will be towed away even though he was shown new V5 document with reg keeper details, and DVLA letter stating previous reg keeper has been transferred. Bailiff claims that as vehicle had been "levied" before sale, they are th
  4. Hi All, I am still here (original OP). Its been quite disappointing witnessing the bickering and lack of clarification on the issue - though i blame no one. The law is indeed confusing, and I am more enlightened and confused in equal measure since i posted on this thread. What is quite clear is that the bailiff has acted illegally on a number of points (1) The bailiffs fee were excessive - PCN =£110, Bailiff Fess = £355, Removal Fee = £175, (2) I was not shown the warrant of execution at any time, even though i explicitly requested it, (3) The bailiff visited the property only once, reques
  5. Given the nature of LA's to use PCN's as a license to print money, i don't think anyone would agree with you that getting 1 PCN in Feb, and a Bailiff Notice regarding a PCN in Dec constitutes a "habit"; And why would there be an automatic connection btw 2 events that happen almost a yr apart? With regards to the posts on PePiPoo, i dont understand your comment. They regard the same issue, and both posted this week.Posting on different sites garners more info. Anyway, I'm not getting into any verbal jousting with you. We need help, and its either you can offer it, or you cant.
  6. This is correct. With all due respect G&M, we need advice, not moral flagellation. The Stat Dec states that "Proceedings for contempt of court may be brought against you,if you make, or cause to be made a false statement in an application verified by a statement of truth without an honest belief in its truth. Well, the post clearly show that the OoT Stat Dec was made in an honest belief that the PCN had never been received before. How is one supposed to remember a PCN number received in Feb, than resurfacing on a bailiffs notice almost 12mths later, hand written written inconspicuously
  7. The point is that he filled out the OoT in good faith, as he had no way of knowing the bailiff visit was related to the PCN he received in Feb.Also, he had received no reply to his letter in Feb, and after he fillled the Witness Statement in June informing the Council of this, he received no reply either. The bailiff document did have the PCN number on it, but unless it had been memorised in Feb, there would be no way of knowing its the same. Is the wrong contravention code still a valid defence in this case, or as things have progressed to this stage, is N244 is the best option?
  8. Apologies for the confusion. I meant to say "registered keeper". He is the registered keeper of the vehicle and the "usual" driver. On this occasion though, he DID not drive the vehicle. He sent a letter to Parking Services at Dartford Council stating he was not the driver, and furnished them with the name /address of the driver, but never received a reply.
  9. Hello, I now have some more info relating to this. The driver HAD actually signed a witness statement on 25th of June that the driver had made representation but received no reply (he had sent off info stating he wasnt the driver). As he didnt hear anything back, he forgot about it. When the bailiff arrived in Dec, thinking it was for a different PCN, he sent a OoT Declaration stating he had never received the PCN in order to stop proceedings thinking it was for a different PCN (unaware it was for the same PCN earlier in June- he had no way of knowing or connecting them together). Th
  10. It is indeed a car park, though its administered by Dartford City Council. Is this enough grounds for appeal? What would the wording of the appeal letter be?
  11. Help! Someone i know received a PCN by Dartford Borough Council. It was given in a pay and display car park. He received a visit from a bailiff and had to fill out a Stat Dec/Out of Time as he could not remember getting it. A copy of the PCN to be sent to him by the council, and when he received it, he remembered that he had bought a ticket, and it had blown down when he closed the door. He intended to appeal, but had lost the ticket and had simpy forgotten all about it. Is there any way i can avoid paying this fine? Are there any irregularities in the PCN? He did have a valid ticket on
  12. When i resisted him clamping the vehicle, he went back into his van, and filled out the SAME notice of seizure he initially showed me (I did not take it from him) to reflect his fees, the vehicle details, and the removal costs. At no time did he show us the warrant, and when we asked, he went back to his van, fiddled about for a while, and came out, saying he would give it to us after the vehicle had been towed away.
  13. We also asked to see the warrant - He refused. He said he would provide the warrant AFTER the vehicle has been towed. We asked to see his I.D, he also refused.
  14. This is the problem. The car is a company car, and any employee who is authorised can drive it. The vehicle is for delivery of goods to the clients, and for client visits and meetings. I would regard this as an "essential" tool of the business.
  15. Well,Thanks to everyone for all the info. You have all been very helpful. Its been a bit difficult sifting through it all, and the existing laws do seem subject to interpretation (don't know who's), and which side of the bed the Judge woke up that morning. I have decided to fight this. At the very least the bailiff fees seem extortionate, at most, his actions illegal. There was no adequate time given from the time the bailiff visited the property, and when the vehicle was towed (3hrs). No documentation whatsoever was left after the vehicle was seized and towed. There also seem to be o
  16. If i follow this logic, then anything can be seized by a bailiff. Nothing would be exempted - As it can all simply be replaced!
  17. Thx Gez. Unfortunately, the culprit left the company before i returned. He was temp staff, so not sure if i can chase him up on it, or if its worth the hassle. That leave me option 3 to do myself. Can anyone confirm the issue with the vehicle being used/necessary for business? And who deems it "necessary"? The courts, bailiffs, or you? If my work involves lots of commuting, with equipment/stock to carry, doesn't the car then become "necessary"?
  18. Thanks guys, this seems to be making sense now. If my wife is correct in noticing the van couple of days before (she swears by this), then it means that the bailiff did indeed visist the location, but NEVER dropped a letter or knock on the premises. Also, other employees confirm that no bailiff visited the premises, and no letter received. Why would he do this? Is it to rack up the charges. He would have seen the vehicle there, as it was not being driven at this time. By visiting, but not knocking, he can then add charges for multiple visits to the total. amount! I may be getting a
  19. @HCE - Ok. What do you mean by "tracker"? My wife(works with me) mentioned she had noticed the van lurking around a couple of days before.
  20. I never received a PCN, or any bailiff letters for that matter. I also never received any notice of seizure letter until the bailliff put it through the door that morning. He initially asked for payment of the fine + some fees. I refused as i did not know anything about it, he then attempted to clamp the vehicle. I stopped him from doing so. At this stage, he got into his van, and blocked the driveway. He proceeded to call a tow truck which removed the car. We share a common doorway with other tenants, but we also have lot of mis-delivered mail in our area. I did not know about OOT's and
  21. Up to 3 employees drive the vehicle, inc myself. As it wasn't me, it had to be one of the other employees. I had been away for 2 mths, and this happened when i got back. We share the premises with other tenants, and we have had mail missing or not received before. No one could confirm he had visited before, but i understand this does not mean he never visited. I was unaware of OOT and Stat Decs, but also had a flight to catch that morning. He initially asked for paymet, and when i refused, he tried to clamp, when i resisted, he called the tow truck. Im sure there is something illegal
  22. Hello, A car registered to a company of which i am the director was recently towed away by a baillif over an unpaid PCN in Sept 09. The vehicle has the company name as the registered keeper, and my name as the contact. The PCN was in the name of the Company, but was incurred by another employee. The bailiff arrived early one morning showed me a Notice of Seizure, and demanded payment of the PCN. I had not received anything before, and he had not visited the premises before, so I refused to pay,and eplained i needed to find out which employee got the PCN. He then attampted to c
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