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Flyingchange

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  1. Just out of interest how did your PCN get to £165? for PCNs in the two heighest bands they would be £155 or £185 after going through the TEC and before going to the Bailiff. The charges added would be £11.20 +VAT(£13.10) for the initial letter from the bailiff telling you the recovery order (warrant) is with them. If you have moved address and have failed to notify the council they can charge £40 for a trace fee. Fees are relatively straight forward for PCNS if you understand the legislation. Where a levy takes place (listing of goods) and a 'walker' is entered into and signed by you, he may charge : Where the sum demanded is less than £100 they can charge £20 Where the sum demanded exceeds £100 - 20% on the first £200 then 5% on any additional sum over £200. WPA - daily rate of 45p for the first 14 days then 5p for every day thereafter until the Warrant is satisfied or the goods removed for sale (in the event of default). Now, for attending to levy distress but where no levy is made, the reasonable costs and charges for attending to levy. The costs and charges are NOT to exceed the fees and charges that would have been applied had the levy taken place. The fees can be found in The Enforcement of Road Traffic Debts (Certificated Bailiffs) Regulations 1993 (Statutory Instrument 1993/2007). Note the Distress for Rent Rules 1988 will be followed when levying distress.
  2. As I said earlier, the council should not have accepted your payment and should have referred you back to the bailiff. Most, if not all firms of bailiffs have a strict understanding that fees come first before the debt, therefore what you paid can be considered a part payment of towards the fees and what the bailiff will be calling for will be the balance of debt and his fees. Just because you have another car does not mean that it won't be seized. If he is able to satisfy himself that the vehicle belongs to you he has every right to immobilise it. Your best course of action is to ring the local authority back and ask for clarification of whether what you paid represents part of the debt or whether they will allow the bailiff to proceed with enforcement. Don't speak to someone junior, speak to the head of the department in charge of PCNS. They will know exactly what arrangements they have in place with Newlyn in the event of these circumstances. Best of luck.
  3. Sadly not and they are entitled to obtain the details of the registered keeper from DVLA.
  4. Clearly a landlord with no regard for anyone but himself and one this is quite comfortable with breaking the law. Regardless of what he claims you have the right of protection under an assured shorthold tenancy as you have met all the conditions. You list many conditions that he has applied, are they written into the agreement? Any deposit held by a landlord has to be protected and placed with a deposit protection scheme. He cannot hold on to it himself. Secondly, only the instances of an emergency (water leak etc) can he gain entry. Where it is for any other purpose, including showing potential tenants the property he has to give you sufficient notice. I would recommend you go and visit your local housing department at the council and see what they have to say about the matter. You don't mention whether this is a property of multiple occupants (MOPS) and if it is, it's even more important that you see the council as landlords have to be registered with him and licensed. Good luck.
  5. As you've received the NTO you will need to contest the charge with TEC at Northampton. As you've probably exceeded the 36 days of the PCN you will need to lodge an 'witness statement' . There are four grounds upon which the witness statement can be based: 1) You have not received the notice to owner, penalty charge notice or enforcement notice 2) You may representations to the local authority but you did not receive a rejection notice and 3) You made an appeal to the Parking/Traffic adjudicator and received no response. The TEC have a dedicated helpline and will help respondents by sending out the appropriate forms to complete. Tel number for TEC 0845 704 5007 Good luck
  6. Firstly, a 7 day letter of action is just a pre-court warning. Overpayment of housing benefit is classed as a sundry debt. If you had been living in the UK it would be relatively straight forward in that most local authorities will write to you and offer you an arrangement to pay this back at a realistic rate to avoid going to Court. If you were in receipt of a current claim of HB it could have been clawed back at a set rate per fortnight. However, neither of these apply as you are abroad. First things first, if the council want to instigate debt recovery proceedings they will have to take it through the small claims track of the County Court. The usual procedure is the court will send you a summons and you have 14 days in which to respond to it. (bearing in mind you are abroad the 14 days starts from the second day after it was posted). If the council want to go down this route, then you should expect to receive it in the mail in the normal way. If you admit the debt, use the admissions form to offer a realistic level of repayment and send it back straight away. Other enforcement options such AOB/AOE and distress clearly are not an option. I will be surprised if they do to be honest and it may even be written off as 'uncollectable'. The old saying, obtaining judgment is one thing and enforcing it is another, would go a long way here I suspect. I will read your updates with some interest.
  7. Firstly, a letter notifying you that the warrant is with the bailiff may be sent to you and the lawful charge of £11.20 plus VAT will apply. No charge may be made for any further letters sent to you. Secondly, the local authority should not have accepted your payment and should have referred you to deal with the Bailiff direct. The bailiff will have to take this up with the authority and the costs are pursuable, if they were lawfully incurred. Where a bailiff attends the property and does not meet with the debtor he must leave the appropriate paperwork to show that he has called. Ghost calls are common but unlawful and will not be tolerated by any local authority. Only where a legitimate visit has been made can the bailiff apply the appropriate charge. Thirdly, the bailiff must not discuss the debt with any person other than the debtor. By sending correspondence to your landlord this clearly breaches the Data Protection Act and you have grounds to take this further. Keep hold of any letters and proof. You do not mention whether or not you have the vehicle to which the PCN relates. Did the bailiff ever apply a seizure notice on it? The debt is not cleared as you put it, by taking the payment the council have technically accepted a part payment and will be fully aware of the amount outstanding including bailiff costs. The bailiff has the right to proceed further and ATR (attend to remove) goods. As you have inferred that the bailiff has not met with you then he will attend the property to execute the warrant. Take notice that most Bailiffs enforcing PCNS now have ANPR which are high tech vehicles capable of recognising vehicle number plates. So, if you have PCNS outstanding your vehicle could be immobilised on the spot. For more than 3 it can be removed.
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