Hi Experts,

Please give me some advices how to go ahead with my case and what are the forms need to be filled to appeal for county court.

Thanks & Regards

Krishna

Hi snowy,

Its not right. My contract agreement with touchstone agency but not with landlord. The touchstone agency is a very big organisation involved with lot of members and they have their offices in diffrent locations. Please advice me what forms need to be filled in orderto appeal to couny court or any other process to appeal.

Thanks & Regards

Krishna

Hi Buzby,

Thank you very much for your advices and for all the information and also thanks to everyone. Today i got the letter from northampton county court saying that ' it is ordered that the order for recovery of unpaid penalty charge be revoked. It is further ordered that the charge certificate be cancelled. This orderdoes not cancel the original penality charge notice. The local authority may well take further action on it. The local authority should inform you as soon as possible if it intends to do so.

The thing is already i have paid original penality charge 60 pounds and also extra 220 pounds to them. Now do they refund my money back what ever the excess they charged or what would be the process........

Once again thanks to everyone for your valuable suggestions.

Thanks & Regards

Krishna

Hi Al27,

Thanks for your response. Let me explain clearly. Touchstone is a letting agency with whom i have signed a contract for 6 months. Landlord is the employee of Touchstone agency and who is responsible for my property maintanence and car permits.

The agreement i had is with the employee of touchstone agency means nothing but agreement with Touchstone Agency.

The agreement was that touchstone agency agreed to provide car permit for my flat.

Thanks & Regards

Krishna

Thanks & Regards

Krishna

Hi crem,

As you said i have send the letter "Letter Before Action" to landlord and the clamping agency, but i haven't got any response from them.

What should i do next?

what is MCOL and how my approach shold be, please could you guide me the process.

Thanks & Regards

Krishna

Hi Bernie,

Thanks for the letter format, i have send the 'letter before action' to landlord and the clamping agency. I am waiting for the response.

The landlord agreed to provide the permit before signing the contract itself. As per the agreement only, later i got my car permit which is 3 days after before my car was clamped.

If the landlord was not agreed i wouldn't have got my permit.

Thanks & Regards

Krishna

Hi Experts,

Again today i got a message from bailiff saying that they are attending property today to remove goods call bailiff ASAP. last week i have applied TE7 & TE9 but HMCS said that they are wrong forms and returned back. Again yesterday i have send PE3 & PE2 forms to HMCS. please advice me what to do, do i need to call them and say that i have applied to HMCS or ignore the call.

Thanks & Regards

Krishna

Hi Crem,

Thanks for quick response. please could you guide me what exactly i should mention on 'letter before action' as i am not good enough in wrighting letters.What is tresspassing what does that mean?

Do i need to send the 'letter before action' to landlord or agency, because i got the contract with agency.

Thanks & Regards

Krishna

Hi Team,

On 06/08/2010 i moved into the new property with an allotted car park slot. On 07/08/2010 i gave a call to touchstone agency asking for permit to my car which was agreed in the contract. I made a note on the paper stating that i was waiting for permit and my details are displayed on the dashboard, so that no one clamps my car and i have informed the same to the agency. I made several calls to the agency to follow up regarding permit, even after 10 days i haven’t received the permit and my car was clamped on 16/08/2010. Immediately i informed the same to the touchstone agency and explained regarding my car clamping. The agency said that they are not responsible for that, but It’s the agency responsibility to inform to the clamping authority about my move in date and provide the permit. The Milton court permits are managed by country wide management, when i call them and spoke to them regarding my permit process; they said that no permit was applied on my name before 16th of august. The agency applied the permit the day my car was clamped.

I have appealed by submitting my tenancy agreement within 28 days, but today only I have received a letter saying that

“Having read your correspondence, we understand your concern with the vehicle immobilisation. The vehicle immobilisation was conducted due to a breach in the parking regulations in force at that location.

Your appeal including any evidence that you may have supplied, has been considered against the evidence that our parking enforcement officer has collected. Whilst we understand that there may be extenuating circumstances surrounding the matter, ultimately there has been a failure to follow, in full, all parking regulations in force at that location. Our final decision on this matter is to uphold the original vehicle immobilisation as issued.

Our appeal process is full and final. There is no second level of appeal. Regrettably we are unable to issue further correspondence regarding this matter either directly with you or any third party. We will not review this matter again unless further evidence is provided that clearly shows the full compliance with all parking regulations on the date and time of the vehicle immobilisation. Acceptable evidence should be photographs which correspondence with those collected by our vehicle immobiliser and which clearly demonstrates full compliance with all parking regulations on the date and time of the vehicle immobilisation.”

Please give some advice how to further proceed.

Thanks and Regards

Krishna

Hi Buzby,

Thanks for answering for all of my questions. Now i am not in a situation to pay another 300£ to Bailiff company, Already i have paid 280£ in total to the council. Will there be any options for me to work this out. The council knows that i have appealed to the adjustor and the samething i have mentioned on the mail while communicating with the council, but i haven't asked the adjustor about my hearing.

Thanks & regards

Krishna

Hi Buzby,

I am planning to fill TE7 & TE9 for further processing, because initially I appealed to the Adjudicator against the council's decision to reject my representations, I have had no response to my appeal and a Charge Certificate was served before my appeal had been determined. I had all mail communication with the council about my appeal, but still they issued a charge certificate before my appeal was answered. Buzby could you please advice me on this action and am i missing anything else.

Thanks & Regards

Krish

HI Buzby,

Thanks for the quick response. Just i want your advice on this, if i make a payment of 5£ and leave that rest of bailiff charge which is another 300£ will that be going to effect my credit rating and other stuff. Currently my car was registered on my old address and all my mails are redirected to new address, is there any chances that bailiff can track my new address.

Thanks & Regards

Krish

Please help me out to get rid of Bailiff issue which i mentioned in my above mail.

Thanks & Regards

Krishna

Hi Tubby,

I have send them a receipt for 120£ which i paid online on email. they came back with reply stating

I am replying to your recent email received on 24 August 2010, in connection to the above Penalty Charge Notice.

I have noted you have made a further payment of £120; however, there is still an outstanding amount of £5 due to the Council, in addition to the bailiff’s charges that have been incurred.

I can confirm that the Council has written to you on three occasions, 23/11/09, 02/12/2009, 07/01/2010, and each occasion advising you clearly, what you need to pay; you paid the discounted amount £60 when you should have paid the full balance of £120. As you failed to pay, the correct balance due it has resulted in the Council applying for and serving the warrant to the bailiffs by the Courts.

As I explained to you yesterday on the telephone, you need to discuss this issue with the bailiffs as they have a valid warrant and they will carry out there duty. Should you fail to pay the full balance due, including the bailiff’s charges, to them, not the Council they will action the warrant.

I trust I have explained your position clearly

Tubby could you please advice me how i should handle this situation.

Thanks & Regards

Krish

Hi Tom,

Please advice me what to put on the out of time declaration time, apart from the details of the contavention.

Thanks & Regards

Krishna

Hi Tom,

Thankyou for quick response. As you said i can call to the above number i will ask for out of time declaration, but before that i have one query, currently i am living in a new address but still my car was registered at old address will that impact if i call the above number for out of time declaration. I am a contractor moving differnt places in a year so i haven't changed my address.

Regards

Krish

Hi,

This is krishna, I have come to a difficult situation, last friday bailiff came to my home regarding one of my car fine. Last year i got one fine for taking right turn which is prohibited. I was following tom tom and suddenly i have taken right, i haven't noticed the sign and got a PCN.

I have moved my house and redirected all my mails to new address but some have i missed my initial PCN after 14 days again they have send another with 120£. I have kept a mail to them regarding my situation and circumstaces, but they haven't satisfied what i said and they told to appeal. I have made an appeal but they haven't come back and again they have sended another letter with 180£ with charge certificate.

They send me a letter stating 'once a charge certificate has been issued the council is not required to consider representations or any new informations received.

i don't know what to do at that point and i made a payment of 60pounds. After that i haven't got any letters and i thought they were happy with my mail and the payment which i have paid.

But last friday a bailiff from newlyn arrived to my old address and took my contact number from landlord and gave a call saying that i have to pay balance of 125£ for car fine and 405£ of bailiff charges, total he told me to pay 538£.

I have explained him everything happened, but he is not ready to listen anything and he is asking me to pay the 538£. he was very rude and i paid him 100£ through my card to ged rid of him at that point. He told me that he is going to call today again for the rest of the payment either monthly wise or whole at a time.

I don't know what to do, and paid the actual fine balance 120£ to the harrow council directly through online.

Now total 180£ pounds i have paid t the council and 100£ extra to the bailiff company newlyn, but what i need to do if i get a call from bailiff again, please give any suggestions.

Thanks & Regards

Krishna