Bus and parking ticket.

[playerone]

Hi guys I have a complicated situation but will try and explain to the best of my ability.

 

Firstly my car was being used by my ex fianceé, I wrote to the local council several times but they refused and wanted me to pay, somewhere along the way there was a postal strike and the fees went up from £60 to £120. I payed them £60 but they wanted another £60 so I wrote them a letter saying that they should contact the person that was driving and collect the rest. I gave them details and that was that as far as I was concerned. This was in 2007. It went to north hampton and they sent me some papers that i sent to the council which were ment to go to the court or were wrong. I looked over them and filled it out and sent them off. I didnt hear anything about that. Also there was only 2 tires in the bus lane I think she may have been avoiding something on the otherside or something, i'm not in contact with her anymore and she now lives in dubai.

 

The second thing was I recieved a ticket for parking in a residents bay, now the first 3 bays are shared and the fourth and fith bays were residents only. I've only ever parked in the first 3 bays for at least a couple of years and never had a look at the rest I always thought the whole street was pay and display and the bays were seperated by allyways and drive ways, I thought that was why they were seperated. I paid for parking and got a ticket. this was early - sept 2008.

 

I apealed this thinking that the warden didnt see my permit as it was stuck on the passenger side and thought nothing of it.

 

I moved out of my parents house later that month mid - sept 2008 and moved to a location that I could go to university easily.

 

Now I thought that was the end of that.

 

On the 1st of Jan 09 my parents moved to a smaller house, as I was no longer there and my sister was married and my brother has his own place. A 4 bedroom house is a bit much for a retired couple.

 

I was over at my parents house as my mother is getting to a bad state, she is disabled and her diabetes is strating to affect her eyes now, so i've come over to help.

 

Now from my parents old house all mail is forwarded to my parents new house.

 

I've got no control nor do I know how they done it. I think they left it to the new tenents to foward the mail and not through the post office.

 

Now I was at my parents house two disabled people, myself and my sister and her 1 1/2 baby, got rudely woken up at 6 am and this bailiff is telling me he is taking my car for non payemnt and gave me 2 days to come up with nearly £700. And that was that then he rang the doorbell again and wanted to take the car.

 

I told him i'll try but before that my father told him I wasnt there as I got there late at night and my parents were asleep so they didnt know I was there. I spend a few days a week there now to make sure my parents are ok.

 

The baillif gave a seizure notice to him, my father does not speak english properly.

 

Points to take into concideration (I know I cant spell)

 

That car is used to take my mum around and has been registered to do so, but is not from mobility it is my own car.

 

Whatever work I get I need my car to go to my clients (I'm a mobile technical support agent) and have clients all over London. (This is a very varied job as sometimes I have lots of business and other time I have none).

 

What rights does he have to take my car from my parents house?

 

I'm guessing as I have nothing registered to that address and do not live there he called at my old house and they gave the foward address to him.

 

I'm very close to claiming benifits but due to pride I'm refusing and trying to get my business off the groung with regular business but my savings are running very low now I can barely buy my weekly petrol and shopping.

 

Now I'm being told by the council and the bailif that the only way I can pay in installments is by claiming benifit (which I really dont want to do). Do I have any other choice?

 

Anyway back to the point I've since found out that they sent me a refusal to my appeal and that it went to court and all letters were sent to my parents old address and was not forwarded to their new address.

 

Now we are in Mid - July 09, shouldnt they have got back to me earlier if there was a problem about my appeals?

 

I've managed to get a few extra days from the baillif and after the weekend I wish to contend the court hearing on the grounds of not recieving responce from the council of rejection of appeal and for the court to set aside the verdict and run the case again from the start before all the extra £500 in charges.

 

Thanks in advance guys this is quite an urgent matter.

Edited July 10, 2009 by playerone

[Guest Old_andrew2018]

Bump

[patdavies]

Firstly my car was being used by my ex fianceé, I wrote to the local council several times but they refused and wanted me to pay,

 

Liability rests withthe owner (RK usually) not the driver

[Al27]

There is a system. By telling them to talk to the driver, who isn't liable, you have basically not paid the ticket. They can then pursue the registered keeper and take the car. Problem is the council have done nothing wrong and it's your fault for not paying, not checking your mail and thinking it would go away. Sorry, but that's the reality.

 

You're lucky they are willing to take installments. Claiming benefits is nothing to do with pride - you're entitled to them and have paid for them already by paying National Insurance.

 

Gte claiming and sort out paying by installments.

[lamma]

Liability rests withthe owner (RK usually) not the driver

 

Only for decrim. 1984 tickets different - though admittedly relatively rare nowadays.

[patdavies]

Only for decrim. 1984 tickets different - though admittedly relatively rare nowadays.

 

True, but an ECN under RTRA 1984 is a fixed sum - it can't be doubled.

 

And AFAIK, any Court would be a Magistrates' Court - Northampton would not be involved.

[lamma]

correct. I just posted for the casual reader who may have read it as a blanket statement.

[playerone]

There is a system. By telling them to talk to the driver, who isn't liable, you have basically not paid the ticket. They can then pursue the registered keeper and take the car. Problem is the council have done nothing wrong and it's your fault for not paying, not checking your mail and thinking it would go away. Sorry, but that's the reality.

 

You're lucky they are willing to take installments. Claiming benefits is nothing to do with pride - you're entitled to them and have paid for them already by paying National Insurance.

 

Gte claiming and sort out paying by installments.

 

And they expect me to know this how? They could have at least let me know. If they said that then I would have paid there and then.

 

True, but an ECN under RTRA 1984 is a fixed sum - it can't be doubled.

 

And AFAIK, any Court would be a Magistrates' Court - Northampton would not be involved.

 

What does that mean?

 

The fact that I use the car for work and transportation of a disabled person they can still take the car?

 

I'm going to fill a PE3 form to take the matter back to the courts, I'm sure they'll appricate my circumstances, and borrow money to pay them off.

[patdavies]

And they expect me to know this how? They could have at least let me know. If they said that then I would have paid there and then.

 

At the point it went from £60 to £120, you would have received a Notice to Owner which makes it very clear that you, the RK, are liable; long before it went to Northampton.

[playerone]

oh ok maybe I should read the small print

[playerone]

The baillif tried to force entry into my parents home, Is he able to do that? he has never been granted access to the house before, and gave a notice of seizure for a car which was not signed by anyone. Also I have told him several times that i am taking it back to the council through the court system and filled out statutory out of time declaration which was accepted this morning. (through the phone and by post). Even tho he still decided to come to the house and bully my parents.

 

I am complaining to the company and to the body of which his firm works for.

 

Is there anything else I can do against him?

 

He has also giving me 24 hours to pay him, even though that i preseume is illegal as the case had been frozen in court and handed back to the local council.

 

I am now claiming job seekers allowance, what can he and cant he do.

 

By the way there are several violations to the codes of practice that he has not conformed to which I will contest.

[lamma]

bailiffadviceonline is a great resource with much expertese. Bailiff sounds well out of order.

[playerone]

thanks I found them already. they were great and are helping a great deal