Help Bailiff threat over unknown parking tickets!!!

[yipsf]

Hi all,

 

Forgive me this is my first time on forum pages and so far its been interesting to see the threads of info.

 

Let me tell you about my case:

In Sept 2008 I was issued 2 PCN (rightly so I think) for a illegal turn. I was moving at that stage and never received the tickets. The DVLA had my upto date info and I never got any follow up letters from Lambeth Council in my new address e.g. pay up now, court action etc. I moved again after 6 months and my friends are still in the flat and they never received anything for me either! I was visited in Sept 2009 by the bailiffs (actually a nice guy) who clamped my car. After frantically phoning the council I was told to contact Northampton courts and fill in the Statutory dec forms/out of date etc. The bailiff released the car and I completed the forms in a hurry, had them witnessed etc and sent off.

 

They were unfortunately rejected in Nov 2009 and I well.....panicked. No one could seem to help me when I rang the council or the courts! So I'm now at a loss what to do. I contacted a independent 'bailiff mediation' specialist at a cost of £125 who completed the N244 forms and I've sent these off now. BUT.....these are out of date as its now Jan 2010 and the bailiffs are knocking on my door.

 

I REFUSE to pay as I simply did not know about these tickets! I'm quite willing to pay the original cost but can't seem to get the council to understand its their fault. Any advice???....

 

Thanks for reading

[Conniff]

You will have to prove its the councils fault as papers are deemed served 2 days after posting to the last known address. There is no obligation on them to go running around looking for you.

[yipsf]

I agree, they make it so hard for you to even try to pay a fine, if I'd known about it I would have paid it! Any advice to how to go around this?

 

Thanks,

[Jamberson]

So, what became of your N244 application? What is the state of play with that?

[yipsf]

I'm still waiting. I sent them off on Thursday last week registered mail, its a waiting game now. I'll let everyone know though as soon as I have a reply, hopefully I'll be able to get in front of a judge and tell them the truth!

[Jamberson]

You could try telling the council and the bailiffs that you have filed this. They should suspend any action until the case is considered and a decision made. Normally they will suspend action when they are officially notified, but no harm in trying to get them to suspend immediately.

 

You can apply for costs with your N244 - not sure how, but someone here will probably know. I think you can apply on the day, as you will have a hearing at a local court office. This means you can quite possibly get your £125 back.

[yipsf]

Hi jamberson,

 

I thought about that and probably will go down that route. In the N244 the demand for all payment of costs (£75 per N244, £125 consultant charges and £10 for info on the breakdown of fees) were written. Hey who knows what will happen!

 

My debt guru is someone I found on the internet (John Galt), I've seen forums about him before, and although expensive its been worth it (if I get these fines reduced), but now I see that I could have done this myself with more patience. But he has done a grand job on the N244 forms and witness statement.

 

I just hope I'm granted a hearing.

 

Does anyone know if its true - if bailiffs can't get to your property withing 12 months of the warrant, they have to return this to the council? And what are the cost to me??? I want to just pay the damn original fines and not the bailiffs (damn them all to hell!).

 

I swear I can advise people on this page now about Stat forms and N244 now. Its just the bailiff side I'm worried about

[lamma]

the court should have informed the council same day and the council informed the bailiifs. it is last part that often 'goes wrong'. check the status of you application, if its been processed fax the council telling them it has been done and that they have to call the baliffs off. also fax the bailiffs.

[yipsf]

The problem being in this is that I filed the N244 forms late - I have a really bad feeling they will be rejected on this basis. All over Nov (postal strike) and Dec (Xmas!). I can only hope they accept my statement and allow it through. I can send copies of the N244 forms to the council I guess and also to the bailiffs. See if that does something?

[Jamberson]

If you filed the N244 forms late, then they may be refused. You need to find out what the score is.

 

If they won't accept them, you're out of options - unless you wanted to file another Out of Time Stat Dec, have that refused, and apply for an N244 again. So far as I know there is nothing to stop you doing that - you'd have to pay the fee of course.

 

Regarding your question about bailiffs, they are acting on a warrant and the warrant is only valid for 12 months. So if they haven't collected by then, it's true that the warrant is no longer pursued, BUT the local authority can apply for a new one and re-commence the case, if it believes it may pay dividends for them. Unfortunately the debt doesn't disappear with the expiry of the first warrant.

 

Let us know what you find out about the status of your N244 application.

[yipsf]

I did think about filing another Stat dec form and going through it all again - after all it's free. But I'll wait on the outcome of the N244, you never know! What do you mean by "you'd have to pay the fee of course"

 

I don't want them to get away with this and there just doesn't seem to be any justice!

[Jamberson]

What do you mean by "you'd have to pay the fee of course"

 

I was just referring to the fact that you have to pay a fee to file an N244, of £75. If you go through the process again, you'd have to pay that again, although with a view to reclaiming it as part of your costs.