PCN - CCS Bailiff attending, need urgent advice!

[davey_weir]

I went to watch Everton play in London about 19 months ago and knowingly parked on double yellows as there was nowhere to park. There were 4 of us in the car so we decided to park there and split the fine.

 

Anyway, I sent them 2 cheques, neither of which were cashed so I cancelled them both and called to pay £120 by card. I thought the matter was settled until about 6 weeks ago I received a CCS Letter stating I hadnt paid a fine and should contact them immediately. I did, and was adviced that the cost was about £440 due to none payment and legal costs, bailiffs costs etc. I was advised to contact the London Borough of Newham, which I did.

 

I contacted my bank, received a printout of my statements and sure enough there it was, 19th July 2007 Payment London Borough of Newham £120.00

 

I contacted them to inform them and the snotty woman told me that this didnt prove I had paid this specific ticket. I asked her to use the little common sense she had to realise I live in Liverpool and had no other reason whatsoever to pay Newham £120.00.

 

I rang back and spoke to a guy named Michael who told me to fax through the proof along with a letter of complaint. I did. I rang back to confirm but they said they had not received the fax (even though I have transmission reports proving it was received). I resent the fax and received a phone call saying "do you have the card number you paid with please?" I informed them the card had been lost and I had now changed banks. "OK, we will go with what we have got and will be in touch shortly."

 

Today, I received a CCS letter informing me that a bailiff will be attending my property on Thursday to remove goods. Now:

 

1) Isnt it illegal and borderline harrassment to take such action whilst I am disputing a debt?

2) Isnt it considered tresspass for a bailiff to walk onto my property without me contacting them to invite them?

3) I live with my parents, therefore everything in the house belongs to them.

 

Please advise ASAP!!!!!!

[green_and_mean]

If you didn't pay (as they claim) you should have heard from Newham before the baliff stage, did they send you anything?

[davey_weir]

Yes, but I told them I had paid. I then heard nothing...until the other week.

[benjy48]

Davey, they cannot trespass onto your property unless you let them in. DO NOT LET THEM IN. You are within your rights. You have all the doc and proof that you have paid them. They tried to pull a fast one by ignoring confirmation of payment so that they can try and extort more money out of you. Unless they have the police with them, which I highly doubt for parking fines, then you can tell them to push off. I would also suggest threatening to take them to court for harassment. Write letters telling them of such and you will see them back down. They are trying to bully you. I believe that they have templates on this site for writing official letters. Please check for these templates, especially if they keep harassing you.

Edited September 23, 2008 by benjy48

[davey_weir]

Have called both CCS and the London Borough of Newham

 

CCS told me that Newham have lifted the 14day hold of action on the account. Newham, well the dope at Newham who couldnt understand a word of English, told me that he would pass the information on to his supervisor. I explained I wanted a call back within the hour. I gave them my mobile number and I am now about to call them back.

[Guest Ting]

Nice to hear the delightful woman is still 'doing her thing' on the phone for Newham! Don't tell me, defensive and evasive from the word 'hello', accused you of being aggrassive and rude when in fact she was and it ended with her hanging up on you - am I right?

 

Can you just clarify what documents you have received:-

 

1/. does the bailliff say they have a 'Warrant of Execution'?

 

2/. did you receive an 'Order for Recovery' from Northampton Traffic Enforcement Centre (effectively a County Court).

 

3/. Do you still have the original PCN and 'Notice to Owner' and 'Charge Certificate'. If not, get copies from Newham quick! and scan and post them here - they may be flawed (quite common).

 

You need to contact Northampton TEC and get appropriate forms to make a Statutory Declaration. They are helpful I hear and if you explain the timescale of events they will send you the appropriate forms.

A 'Stat Dec' should overturn the Order for Recovery and return you to the appropriate stage - PCN or Notice to Owner. You then formally appeal on the basis of 'paid'. They will not be able to come after you again because if they refuse your appeal I'm fairly sure an Adjudicator will tell them to stick it!

 

You need to get the Stat Dec form witnessed. Free way is at your local/any County Court. Do not sign until in the presence of a Court Officer. Do this before 1st October (they start charging).

 

Meanwhile, ring the bailliff and Newham and explain what you are doing and make sure they hold. Copy in writing or by provable e-mail. Try and avoid talking to that b***h, LOL!

 

Keep us updated and I'll try and help more if I am able to be around. (PS, who won?).

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[davey_weir]

Hahahah youre spot on! "No sir, you are being aggressive and you have an attitude, not me" after butting in and assuming what I am about to say and being completely wrong in the process.

 

Erm, I dont know what I have received to be fair, a Notice to Owner sounds very familiar though.

 

I havent received nothing from Northampton TEC

 

The original PCN was lashed when I paid it.

 

The letter infront of me states as follows:

 

TAKE FORMAL NOTICE

 

REMOVAL OF YOUR GOODS

In relation to a Road Traffic Fine due to London Borough of Newham 2

 

I am disappointed to note that the above debt remains outstanding. I am therefore required by order of the court to seize such of your goods as are likely, when sold at public auction, to satisfy the debt together with the further costs incurred by the removal, transport and storage of your effects.

 

I plan to call to uplift goods on Thursday the 25th September, and whilst the law allows me to remove goods in your absence, I would prefer that you were present so that we can agree the inventory of items removed.

 

If, even at this late stage, you would prefer to make the removal and sale of your goods unnecessary by dishchargind the debt, please contact me immediately on 08452 300355.

 

Yours sincerely

 

 

 

Mr Hepworth

Certificated Bailiff

[Guest Ting]

Contact TEC immediately as I said.

[Guest Ting]

The requested resource (/HMCSCourtFinder/tiles/Her Majesty's Courts Service - Court Information and Addresses) is not available)

[Guest Ting]

try again,

 

The requested resource (/HMCSCourtFinder/tiles/Her Majesty's Courts Service - Court Information and Addresses) is not available)

[Guest Ting]

Oh b*****s. 0845 704 5007

[davey_weir]

Thank you.

 

Just had a heated arguement with Newham. They told me that I have not provided sufficient proof that I paid the PCN as a bank statement simply says London Borough of Newham it doesnt say what it is for. She was very abrupt, she requested I let her finish, which I did, then when I was speaking she constantly butted in. I reminded her that the bailiff turning up was a breach of English Civil Law, something which she refuted. I then requested copies of the PCN, the Notice and Charge Cert which she denied (isnt this a breach of data protection?) I then told her if it had to go to court then let it as I would win. She hung up.

[davey_weir]

Have just spoken to Northampton TEC who are emailing me the forms now. I think Ill go and get them signed straight away. Can you fax the forms back?

[Guest Ting]

i like your style mate - you actually listen!

 

Yep you can ask your local CC to fax them and then phone TEC to confirm receipt. Remember, the Courts are actually helpful and don't want injustice.

take the opportunity to ask TEC what happens next and confirm that the dogs will be called off - at least while they deal with the Stat Dec.

 

PS. You still haven't told me who won?

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[davey_weir]

We were beaten 1-0 mate, Bobby Zamora scored the best goal he will ever score.

 

Erm, just spoken to South Sefton Mags who said they will witness the form tomorrow but need copies of the fine etc. Need to ring Northampton TEC now and get them to fax them here to me. Am I going about this the right way? I have recorded 2 and a half conversations with Newham and CCS (my memory ran out half way through the last convo!)

[Guest Ting]

Incidentally, I'm told (and this may or may not be true) that her name is Elizabeth Mott. when you get things sorted and in motion you could do everyone a favour and make a complaint (to add to the others i hear). Typical Council incompetence of maintaining an arrogant, defensive, unhelpful and rude employee IMO.

I've had the same. Phoned and got some info on a PCN from 'Michael' but forgot one detail. Phoned straight back - got her and she said it was not possible to call up the same detail as he had just done for me - rubbish - she just doesn't know how! or thinks she achieves something by being obstructive.

Anyone reading this - you have to experience this to believe it. You will be derided from the moment the conversation starts!

 

Of course you are entitled to the original documents, PCN, NtO and Charge Certificate. If they refuse they will get shot by an Adjudicator. FOI it if you have to - and if that is necessary it will go against them too.

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[Guest Ting]

You should use a local County Court because i understand a Mags will charge. Don't let this cost you anything mate.

[Guest Ting]

No phone number on this but i'm sure you'll find it.

 

192.com - Liverpool County Court in LIVERPOOL

[davey_weir]

"MICHAEL" hahaha yes, I have spoken to him too, who told me to fax another number, and they eventually received the docs. He also told me the way she spoke to me was out of order and to include a letter of complaint with the fax, which I did, but havent heard from.

 

I might ring back with a spooky call when I request copies of the fine. Also, the Mags is round the corner from my work. The county court is in town I think! They didnt mention anything about cost.

[davey_weir]

No phone number on this but i'm sure you'll find it.

 

192.com - Liverpool County Court in LIVERPOOL

 

 

This is Liverpool Mags.

[Guest Ting]

also Birkenhead, St helens, Runcorn and Southport.

 

Oh 'Hammered' were we! Worth contacting the Newham Recorder with that.

They love letters from people who have an 'experience' of visiting! LOL.

Hammered by WHU and the Council in one day!

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[davey_weir]

also Birkenhead, St helens, Runcorn and Southport.

 

Oh 'Hammered' were we! Worth contacting the Newham Recorder with that.

They love letters from people who have an 'experience' of visiting! LOL.

Hammered by WHU and the Council in one day!

-

 

I know, I said this to "Michael." Im just on hold to them, I have received the Stat Dec forms via email.

[davey_weir]

Im Speaking To Michael!!!

[Guest Ting]

Well just in case the mags do ask for some daft fee I hear you can normally get a solicitor to witness it for either just a fiver or a tenner.

then all you have to do is take it in and get it faxed.

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[Guest Ting]

No. I'm not Michael. i just got the same impression as you that he was helpful while certain others were far from helpful.

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