Unpair Parking Fine

[Santa1023]

My daughter has received a demand from a bailiff for an unpaid parking fine due to a council.

 

They have added costs of £178.25 to the £80 fine and want to be paid in 7 days. This looks excessive to me.

 

What should I do?

[tomtubby]

My daughter has received a demand from a bailiff for an unpaid parking fine due to a council.

 

They have added costs of £178.25 to the £80 fine and want to be paid in 7 days. This looks excessive to me.

 

What should I do?

 

Sadly, the figures do not appear to be too excessive. HOWEVER, for this amount to now be due a bailiff would have had to visit.

 

She should have received a first letter advising her that a bailiff would be visiting and this would have attracted an additional fee of £11.20 plus vat.

 

Unpaid parking tickets are a source of fantastic income for bailiff companies and it it a shame that so any

 

With council tax recovery, the local authorities must send an initial 14 days warning letter but the bailiff company are not under any obligation to write a letter so a bailiff visit will be a surprise visit.

 

With a parking ticket the situation is entirely different. Assuming that a ticket had been put on the car, your daughter should then have received a Notice to Owner to advise her that she can make an appeal. If there is no response to this, she would then receive a Charge Certificate and a further document called an Order for Recovery would be sent. ATTACHED to this would be a Statutory Declaration form which she could complete.

 

If she had failed to receive the Notice to Owner, she would be able to tick the relevant box on the form and the PCN would AUTOMATICALLY revert back to the Notice to Owner stage to allow her to either pay or appeal.

 

If she had ignored all of these documents, then the penalty is passed to a bailiff to enforce.

 

If she had not received the original PCN or the Notice to Owner, then she can file an Out of Time statutory declaration and this will cease all enforcement for approx 2 months.

[Santa1023]

Thanks for the prompt reply:

 

The original fine was in November 2008 and the ticket is lost.

This is the first communication since the original ticket - She has moved several times so the notices may have been "lost"

There has been NO visit - surprise or otherwise

[tomtubby]

Thanks for the prompt reply:

 

The original fine was in November 2008 and the ticket is lost.

This is the first communication since the original ticket - She has moved several times so the notices may have been "lost"

There has been NO visit - surprise or otherwise

 

EXCELLENT.

 

 

She therefore needs to complete an Out of Time Declaration. She needs to telephone the Traffic Enforcement Centre in the morning on 08457 045 007 and they will e-mail a for to her.

 

She will need to provide the PCN number.

 

When she is on the phone can she ENSURE that she asks TEC for confirmation of the date of the Warrant ( which is valid for just 12 months) and she needs to also ask them to confirm the address on the Warrant as well ( hopefully this will be her previous address).

 

If you require any further help please post back.

 

PS: She MUST make sure that she does not have a car parked close by. This will almost CERTAINLY be clamped or removed.

[Santa1023]

I'll phone them - Thank you.

 

The car is registered at my address but my daughter doesnt live here. Does this mean that they will try to seize my cars?

[tomtubby]

I'll phone them - Thank you.

 

The car is registered at my address but my daughter doesnt live here. Does this mean that they will try to seize my cars?

 

The bailiff will have in his possession a Warrant of Execution. This will have the registration number of your daughters car. IF this car is outside of your home when he visits, then it would indeed be clamped.

[Avondex]

You don't need to contact the number as the forms needed are available from the following website:

 

http://www.hmcourts-service.gov.uk/HMCSCourtFinder/GetForms.do

 

The forms needed are TE7 and TE9

 

Both need to be sent

[fluffy_bunny]

They do need to call to confirm the address details etc

[h8barking&dagenham]

I would really appreciate some advice on a similar case.

 

I too have recieved an 'Immediate Payment' Letter from a bailiff (JBWGroup) an unpaid parking fine

 

There was scant information on the letter - JBW ref; Amount (£430.26); the client & ref - Barking & Dag; and the date (22 January 2010 - TWO WEEKS AGO!!)

 

This is the first I've heard of any fine and this is the first letter I've recieved from JBW. To the best of my knowledge I have not recieved any PCN from Bark&Dag, whether placed on my car or any notice of an unpaid fine prior to that letter or otherwise.

 

The car is my old car, which I no longer own and is nolonger registered to me (3months ago). This car was never registered to the address I currently live at - which is NOT in my name, although some utilities are.

 

This car was previously registered to my girlfriend, at a Leeds address for about a year, following registration at my old address... So its quite possible that any correspondance from either B&D or JBW was sent there without my knowledge. This is now going back some five years.

 

JBW are claiming a warent of execution issued against me and a bailiff has visited my current place of residence - there is no letter confirming this - unless this is the letter and I'm being a bit thick!! The letter states all the usual, 'If you do not pay immediately... removal of goods... sold at auction'

 

All of this sound very suspect to me... Can the bailiffs remove goos from my home - a 2nd flat, or remove my current car or clamp it (while parked in a private car park)?

 

Its quite possible that there was a ticket give my failure to register my car at the correct address. Is there anyway to reduce this amount?

[seanamarts]

read tomtubby's post#4 about an out of time declaration this should apply to you if I am not mistaken

[h8barking&dagenham]

read tomtubby's post#4 about an out of time declaration this should apply to you if I am not mistaken

 

Ah yes!! cheers for that, I will get on to that first thing.

 

Would you by any chance know if they could take my current vehical - as the car in question in nolonger owned by me? sorry if this seems a stupid question.

[seanamarts]

im afraid they can.. i suggest you park it away from your home until you have had this sorted

[tomtubby]

Ah yes!! cheers for that, I will get on to that first thing.

 

Would you by any chance know if they could take my current vehical - as the car in question in nolonger owned by me? sorry if this seems a stupid question.

 

 

You need to ring the council or TEC to get them to confirm the address where correspondence had been sent. If it was a previous address then on the TE7 you will need to provide something along these lines:

I was unable to complete this application within time because it was not until I received a visit from a firm of bailiffs at my current address that I was made aware of this PCN.

 

From enquiries made with the Traffic Enforcement Centre/local authority it would appear that all correspondence had been sent to my previous address.

 

If your application gets rejected, then please post back here because you should certainly appeal.

[h8barking&dagenham]

You need to ring the council or TEC to get them to confirm the address where correspondence had been sent. If it was a previous address then on the TE7 you will need to provide something along these lines:

I was unable to complete this application within time because it was not until I received a visit from a firm of bailiffs at my current address that I was made aware of this PCN.

 

From enquiries made with the Traffic Enforcement Centre/local authority it would appear that all correspondence had been sent to my previous address.

 

If your application gets rejected, then please post back here because you should certainly appeal.

 

Thank you for all your advice... it is much appreciated.

 

Found out that it was from 2008 for being parked in a bus lane... something I highly doubt! I await the pictures. The warrent/all other correspondance was indeed sent to my old address, and the warrent is in date - 07/09.

 

I will send both forms off to Northampton today and post back should I hear anything else. Thank you all once again

[tomtubby]

Make sure that you scan the Out of Time to TEC as this will be dealt with immediately. In the Subject box of your e-mail you MUST state the following:

 

URGENT...Out of Time Witness Statement attached.

 

We always suggest that you call TEC approx one hour after sending to ensure that it has been received safely.

 

PS: If the application gets rejected ( approx 2 months time) by the Court Officer...you should appeal. This is very important.

[h8barking&dagenham]

Hi there,

 

further to above, I received a letter stating that my application has been rejected:mad: under rule 23.8.

 

How do you go about appealing this, or could you shed some light on this.

 

thank you for your help

[Santa1023]

Update:

 

My daughter (Avondex) sent off the out of time forms she downloaded from http://www.hmcourts-service.gov.uk/H...er/GetForms.do

and has now been told she just has to pay the original fine to Portsmouth City Council within 28 days...

 

RESULT:)

 

Many thanks for the help on here

[Jamberson]

Hi there,

 

further to above, I received a letter stating that my application has been rejected:mad: under rule 23.8.

 

How do you go about appealing this, or could you shed some light on this.

 

thank you for your help

 

You need to file an N244 to contest it. This will result in a hearing before a local court officer - just to consider then fact of whether your application should be accepted, nothing directly to do with the legitimacy of the original charge at this stage.

 

If successful, you're back into the standard appeals route and bailiff fees are cancelled. If not, you are still as you are today.

 

There is a charge to do this (£75 I think) but you can claim costs if successful and recover it.

[Jamberson]

Update:

 

My daughter (Avondex) sent off the out of time forms she downloaded from http://www.hmcourts-service.gov.uk/H...er/GetForms.do

and has now been told she just has to pay the original fine to Portsmouth City Council within 28 days...

 

RESULT:)

 

Many thanks for the help on here

 

 

...Or appeal the original case. If you want to - an appeal on a 2008 PCN can be rejected but then if your daughter refered it to adjudication, there's a good chance it will be cancelled as no-one can remember that far back and defend the case. It will be around 18 months old by the time it goes to adjudication.

 

Worth appealing in my view - nothing to lose, but more to gain.

[h8barking&dagenham]

Hi there,

 

Could really use some more advice.

 

Further to the above, the Out of Time Dec and appeal have been rejected.

 

However, in all this, I still have received the original PCN. Called Barking & Dagenham to ask if the could send it to me, who rudely told me that they were not at liberty to. 

 

I'm sure I've read somewhere that parking authorities need to send you photographic proof of any infringments or am I barking up the wrong tree. Is there some legislation regarding this, as I want to be sure that I've committeed this great attrocity before I pay the fine.

 

Thank you for your help on this matter