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suspended parking bay


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in november 2007(13 months ago) i parked in a pay and display bay. i paid and put the ticket on my windscreen.

on my return 10 minutes later i had a ticket for parking in a bay that was suspended. i looked up and down the rd but saw no signs. then a lorry drove off which was parked three bays away and lo and behold there was the sign saying my bay was suspended. i challenged the ticket and was told i was unsuccesful. i re-challenged it and said i was prepared to defend myself in court if i needed to. i heard nothing until last week when i had a bailliffs letter stating i had to pay £544-75. ive spoken to the bailliffs who werent interested in my case. how do i challenge this. ive spoken to several solicitors who have said it would be more costly to hire them than pay the £544-75. doies anyone know what the law says about how far the signs have to be? oh and there was a lamppost next to the suspended bay. why did they put it 20 yds up the rd when they could have put it 2 ft away? i have photographic evidence and an independene witness statement to back me up.

regards

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Presumably this is a Council PCN yes?

 

You need to be clear about when you made those appeals and particularly the one where you appear to say that no response was received.

 

Do not worry about the issues of the case for now - no point until you get the bailiffs called off

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need the sequence of original events/non-events.

 

Then if you qualify you make a Statutory declaration to overturn the Order for Recovery.

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ok ting, here goes.

17.10.07

PCN issued by RB ken and chelsea.

statement obtained from eye witness.

18.10.07

made appeal by email on their website. unfortunately didnt save or print copy and dont know if i still can

12.11.07

RBKC write to me saying they"aim to display signs within 30m" and my appeal has failed and i should pay the £60-00.

19.11.07

second appeal sent stating i was unhappy with their decision and if they decided not to cancel the PCN i was willing to defend myself in court. included copies of photographs and witness statement and original letter.

heard nothing whatsoever until last week,

13.11.08

Hand delivered letter from bailiff recieved stating i needed to pay them £544-71.

14.11.08

phoned bailiff but got no joy at all.

 

thats about it thanks

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Was your second appeal a second informal one or were you responding to a Notice to Owner?

 

Did you ever receive a Notice to Owner?

 

Any reason anything may have gone missing - change of address?

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18.10.07

made appeal by email on their website. unfortunately didnt save or print copy and dont know if i still can

 

All sent emails should be in your 'sent emails' box.

 

For future reference, always 'CC' these type of letters back to yourself.

Edited by Conniff
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ting

it must be an informal one as ive never seen a "notice to owner". the letter is just says "challenge refused".

i have changed address but my son still lives there and he gives me all my mail on a daily basis, we work together.

thanks

bazzaffc

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If no NtO received the you can make an out of time Statutory Declaration (or maybe even an ordinary one - someone will clarify)

 

Contact Northampton TEC - the issuer of the warrant the bailiff is holding. Explain and they will send you correct forms. Do this immediately because the bailiff is off his leash! - and will not stop.

 

Will post a link to another thread that explains in more detail when i find it.

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ting

didnt understand the last post about filing cabinets and the reference to #3 and the link

regards

bazzaffc

 

Filing cabinets - reference to the possibility K&C have found a load of old cases because this has happened to a few people.

 

Link - click it and you'll see. Reference to post #3 was that if you look in the third post of that thread on the other forum you will find a link back to more detail in an original thread on this forum.

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hi Ting.

thanks for your advice. ive done all you said, got the forms, got them signed by the local court and posted, emailed and faxed them. that was last thursday, havent heard anything back yet.

what a superstar you are.

thanks again

bazzaffc

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  • 3 months later...

ting...or anyone else

remember me? you helped me in november to sort out some problems i had with bailiffs over a parking ticket. i'd like to bring you up to scratch on the latest developments.

i did what you advised but the "out of time declaration" was refused. i have now made an N244 application which is set for brentford county court. first though i need to serve, by march 27th 09, further evidence verified by statement of truth explaining why the statuary declaration was not filed in time and in default the application to set aside the Order dated 31st december 2008 do stand as struck out"..

what exactly does this all mean? and how do i do it?

thanks for your help before and i hope you may know what steps i need to take next.

thanks again

bazzaffc

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Two threads merged.

 

bazzaffc,

 

I've merged your latest post with this thread, easier to keep track of your case.

 

Regards.

 

Scott.

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