council parking tickets + bailifts

[craigc]

firstly i would like to say this is my first post on this site but i have been looking around quite a lot and this is a really good site with very helpfull people on here:)

 

right the problem i have is 5 parkintg tickets issued by brighton and hove council. apparently broghton and hove is suposed to be one opf the worst places in uk for the amount of parking tickets issued! which i

can belive as they drive around in cars, bikes, and people carriers!

 

my question is thier anything that i can do about this. ibs has now told me that i owe them £565 for 5 parking tickets! :o

 

dont get me wrong i pay my way in the world but i got these tickets because where i used to live was the closest you could park to the city center witout paying for parking and my road was allways buisy:mad:

so i had to park on yellow lines but i will say i never caused an obstruction to anyone or anything.

 

any help will be very much appreciated

thanks

[Bernie_the_Bolt]

What paperwork were you sent by the council and what did you do with it?

[craigc]

i cant rember whqat i got exactly but i do have all the original parking tickets and a letter stating the will look into the situation couple stating they wont cancel the pcn

 

i have been told by the bailifts that i need to contact the parking office in hove if i have a issue with the tickets

 

to be honest i dont kow what to say to them

[Bernie_the_Bolt]

Can you recall receiving anything called a "Notice To Owner".

This is a statutory document that gives you the statutory right to appeal against the PCNs.

If you didn't receive it you can complete a "Statutory Declaration" to try and get the debt set aside and get back to the Notice to Owner stage.

You will then have the choice of appealing against the PCNs (at the full rate) but you have no chance of paying the discounted rate. If you lose the appeal and then pay it will not cost any more.

If you received but ignored the Notices to Owner or if you had not kept your address up to date with the DVLA, I suggest your statutory declaration will be likely to be refused.

[tomtubby]

The bailiff has told you the wrong info. You DO NOT need to contact Brighton & Hove Parking Office.

 

If you did not receive a Notice to Owner then you should consider filing an OUT OF TIME late Statutory Declaration.

 

Many applications are rejected as the applicant provides the incorrect info on the forms.

 

The form asks you to provide the reason why you did not receive the Notice to Owner etc. Unless you have moved home, you will need to say that you "I do not know the reason why I did not receive the Notice to Owner"..........which is true.....how can you possibly know the reason why you did not receive this Notice.

 

Filing an Out of Time will also ensure that bailiff action will cease until such time as the application has been decided at TEC.

[duntaxi2]

If you have not recieved the notice to owner and are now questioning these tickets you need to file as the others have said a stat dec with the court I think it is here as you might possibly have had a letter from them before they bailiff was sent maybe not.

 

Northampton County Court Bulk Centre

4th floor, St Katharine's House,

21-27 St Katharine's Street,

Northampton Northamptonshire

England

NN1 2LH

 

DX 702885 Northampton 7

 

This is where the councils send the PCN'S after non payment .

 

I had a bailiff come round for £900 a month or so back , I said what are they for he got clever I said Stat Dec ,he went off with his tail between his legs.

 

If you do this it returns to the original stage and no bailiff costs if you then pay when requested.

 

You can also if you want look up online the 1689 arguement

I did and brought it up with this court and the Judge sent it back as he could not make a ruling on it ,he did not have the power he told me to go back to the council. Never heard anymore.

 

I hate parking fine robery and bailiff bully boys theycon people into paying,just watch them on tv "can I come in to sort it out for you " NO YOU CANNOT . They con people into letting them in and once in you cannot stop them .Do not let them in if its raining all the better

[craigc]

i did move and i left the logbook address at my parents. i never recieved any nto's as my dad allways sent them back to sender.

 

i think i will fill out the out of time declaration this will give me some time and hopefully stop the bailifts hounding me.

 

do i have to fill out a form for each pcn and do you guys know where i get them from and send them to

 

 

thanks so much for all your help:)

[duntaxi2]

when the bailiff called last time I asked him for a form as I thought he should carry one and he told me to go to the council to get one .

Ask Neil Herron for more details he is a great mind of information I have learnt much from him

Tell him steve from carmarthen sent you

[craigc]

can you tell me where i can find neil herron, thanks

[adamna]

You get the forms from here:

Northampton County Court Bulk Centre

4th floor, St Katharine's House,

21-27 St Katharine's Street,

Northampton Northamptonshire

England

NN1 2LH

 

DX 702885 Northampton 7

 

[email protected]

 

Tel: 0845 704 5007

Fax:0845 707 8607

They are very helpful.

 

Some sites have them too, I think there has been a link here before.

 

Here you go:

http://www.hmcourts-service.gov.uk/cms/files/OOTApplicationPack.pdf

[duntaxi2]

Neil Herron

 

Neil Herron's blogspot

[craigc]

thanks guys

[tas447]

How late can you fill in statutory declaration, I have had bailiffs fees threatening clamping £576 pay now !!!!

[adamna]

Late is late mate, there's no other qualification.

So you need an application for an out of time stat dec too, PE2 as well as PE3.

[patdavies]

However, this does not help your case at all

 

i never recieved any nto's as my dad allways sent them back to sender.

 

 

IOW, you did receive them (ie the council met its obligations by sending them to the V5 address); you simply failed to act on them (by having your father return them).

 

If he returned them as 'not known at this address', then you are also opening yourself up to liability for being prosecuted for failing to keep your V5 address updated. (max. £1000 fine)

[adamna]

tas447 is not the OP with the helpful father

[adamna]

I don't think I've ever known a stat dec that wasn't 'late' - by the time you get to know about the problem, it seems to be too late... maybe that's why they come as a package.

[tomtubby]

As Pat Davis has correctly stated you can indeed find yourself liable for a fine for not updating your address etc with DVLA but that said, our office have assisted with literally hundreds of Out of Times, many with the same situation as yours and so far none have had any action from DVLA but most importantly nearly every case was successful at TEC.

 

I would advise telephoning TEC in the morning and ask them for the address on the Warrant to check whether the documents had been going to a previous address.