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I dont know what to do, parking ticket and bailiffs


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Hi All,

 

I've never used this board before but id be really grateful for any help you can give me.

 

I'm being chased for bailiffs for a council parking ticket recieved in July 2009. I didnt have a ticket on my car so didnt know anything about it until August last year when the coucil sent me a letter saying I hadnt paid and the fine had gone up. I called them and said i didnt dispute the ticket as I never go to that area and knew that when I had id parked on double yellows. He said told me to fill in an appeal online saying I never got the ticket which I did and then I never heard anything again!!

 

Until two weeks ago when I was in hospital, my flatmate went downstairs to someone who rang the buzzer for my flat saying they had a letter for me, turned out to be a bailff!! I called him when I returned from hospital and he said Id have to pay, I said that I'm struggling so much financially theres no way I could pay. He said to call the office and tell them what I could afford, the office didnt seem to know what they were doing and said email them incomings and outgoings and offer of payment. I've used the CAB advice sheet to show all my bills etc and thats saying I should offer them £7 a month so I've sent them that and asked if they would accept, somehow I dont think they will. Came home from work today to find a letter under the door of my flat to say they'd been round again and left a notice of intention to sieze goods, either my car or its listed my tv, washing machine, hoover etc!!!! I called him and explained I could afford to pay it all, he said tough basically and if they saw my car they'd clamp it!!! The parking ticket was for £75 and theyre now demanding £336!!

I've never ever dealt with bailiffs before and I really dont know what to do. I'll call the council that issued the ticket on Tuesday but I guess they'll refer me to the bailiffs? The company's called Collect Services......Please can someone help me, I cant afford to pay it all and if they clamp my car I wont be able to get to work.

 

Thanks so much.

 

Dotty

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He's not been in your house has he? besides, i'm sure he can't levy on your washing machine and hoover (household essentials) which will reduce the fees he's claiming - if they had any legal basis in the first place.

 

Other than that I'm afraid parking tickets aren't my 'thing', but there are some folks on here who deal with them all the time.

 

I'm sure one will soon be along......

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Hi DottJ, I'm sure others more knowledgeable than I will pass along this way soon.

Perhaps you can put up a list of exactly what was levied? Hoover and washing machine cannot be listed and these alone would invalidate the levy. Likewise - I would assume - if the bailiff hasn't made peacefull entry to your home. I don't believe he can just gaze through the window and make a wish list!

Is your car on HP or otherwise not owned by you?

What are your personal circumstances? Why can't you afford to pay this quite (un)reasonable fee? Just curious...

Best wishes

Rae

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Hi there,

 

Thanks both for your replies.

 

Nope the bailiffs not been in at all, I wasnt here earlier, he cant even look through a window as I'm on the second floor!! I dont have a scanner but the letter that was left under my door says...

 

INTENDED NOTICE OF SEIZURE OF GOODS AND INVENTORY

 

TAKE NOTICE: That by virtue of an Authority issued by Reading Borough Council PA under Warrent of Execution covered by The Enforcement of Road Traffic Debts (Certified Bailiffs) (Amendment) Regulations 2003, we have today attended your premises with a view to distrain upon:

 

1: Vehicle Reg Number ******* or your current vehicle.

 

2: Other goods listed below: (this bits handwritten)

 

Colour TV, Microwave, Fridge Freezer, Hoover, Washing machine

 

These items will be removed to auction on our next visit unless:

 

Total now due £336.94 is paid forthwith

 

 

 

 

Now for starters they dont even know I've even got any of that stuff as they havent laid eyes on it!!

 

I have been struggling financial since me and my other half split last year, he left me with a lot of debts in my name as he had such a bad credit rating when we got together i took most things on, silly I know but lesson well and truly learnt. I am now struggling to pay for my home and all my debts on my salary but as I earn £21000 per year and I dont have any children I am told I dont qualify for any benefits etc.

 

Thank you very much,

 

Sheona

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Ok, unless you can get hastely impregnated or contract a disturbing disease or disability then that'll rule out looking from a vulnerable persons perspective...

I think, obviously, he hasn't made a levy and is trying to intimidate you before he calls around.

As a point of interest the only item he could think of taking [eventually] on that list is the tv, possibly microwave if you have alternative means of cooking.

Others are in a better position than I to advise here so I'll watch from the wings.

Best wishes

Rae

Edited by RaeUK
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I believe time may be of the essence in that you need to appeal this ASAP - not too sure of the procedure though.

 

As for the letter you have received this is obviously bluster as they state:

1: Vehicle Reg Number ******* or your current vehicle.

 

The rest of it is so full of BS it should be framed and held as an example of an inept bailiff and his Company. You are in a position of strength if he has not been in your home. It would pay you to challenge the fees they are charging whilst appealing your ticket.

 

PT

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Oh right well impregnation is def not happening and I think Id rather face the bailiff than the nasty disease!

 

Thank you though, hopefully someone will have some more advice too :)

 

Many Thanks

 

Dotty

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Sorry they did put the actual reg number on the letter but I didnt think I should post it on here? Thats the car I got the ticket on so thats how they know the reg as it wasnt here earlier. All the other stuff theyve listed theyve never even seen.

 

Collect Service dont seem to care, when I phoned there "customer service" line the woman talked to me like I was something she stepped in and the bailiff just said well love you have to pay it so best work out how!!

 

I'll try calling the council Tuesday, if anyone else know another way to keep these people away from my home I'd be really grateful, I'm absolutely terrified.

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Sorry they did put the actual reg number on the letter but I didnt think I should post it on here? Thats the car I got the ticket on so thats how they know the reg as it wasnt here earlier.

That's the point I was making, they have got the Reg No off the ticket - they actually don't know if you have it or not, hence the comment by them "or your current vehicle".

 

All the other stuff theyve listed theyve never even seen.

 

Collect Service dont seem to care, when I phoned there "customer service" line the woman talked to me like I was something she stepped in and the bailiff just said well love you have to pay it so best work out how!!

 

I'll try calling the council Tuesday, if anyone else know another way to keep these people away from my home I'd be really grateful, I'm absolutely terrified.

 

For now you need to park your car well away from your home as they will levy on it. Forgot to say in my last post that what you have from them is just a letter, a Seizure Notice has a different format.

 

PT

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He said told me to fill in an appeal online saying I never got the ticket which I did and then I never heard anything again!!

 

You made a representation using their suggested method but did not receive a response. Therefore you can have the bailiff action set aside by making a witness statement to this effect and lodging it at Northampton County Court.

  • Haha 1

Post by me are intended as a discussion of the issues involved, as these are of general interest to me and others on the forum. Although it is hoped such discussion will be of use to readers, before exposing yourself to risk of loss you should not rely on any principles discussed without confirming the situation with a qualified person.

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This may help.

 

 

You did not receive the original Penalty Charge:

 

• The local authority should then send another copy of the Penalty Charge Notice that you may pay, or you will have the opportunity to make representations against the Penalty Charge Notice and follow the usual appeals process.

 

You made representations or appealed to the Adjudicator, but did not receive a reply:

 

• In this case, the local authority is under a duty to refer the case to the Adjudicator for further consideration.

The Adjudicator will then decide whether the case should proceed to an appeal hearing in the normal way.

 

A Statutory Declaration will be refused by the TEC if any of the following reasons apply:

• It has not been signed in the presence of a commissioner for oaths, an officer of the county court appointed by the judge to take affidavits, or a justice of the peace.

• It has not been filed on one of the valid grounds.

If the penalty charge is a London Borough parking offence, the TEC will also refuse the Statutory Declaration for the following reasons:

• It has been filed on more than one of the valid grounds.

• The witness has not provided a full postal address.

• The named respondent has not completed the Statutory

Declaration.

 

Filing a late statutory Declaration or requesting more time.

If you require more time to complete your statutory declaration, you may apply for a time extension (either in writing or via the TEC Helpdesk). You will need to ensure that you quote your penalty charge number, how much time you will need, and the reason why you require more time. Please note that TEC can only grant an extension of up to one month

 

It is worth noting that the process is different when making an Out of Time Application. If the matter is dealt with within the correct time frame, the TEC will cancel the Order for Recovery and Charge Certificate. Any bailiff action must cease.

 

The difference with an "Out of Time" application is that a copy of your Statutory Declaration and all attached correspondence is posted by the Court to the Local Authority who then have 19 business days to decide whether they are going to accept or reject your application.

 

Note: The Local Authority must suspend any bailiff action until a final order has been made.

If the Local Authority accepts the application, it will be processed by the TEC as a normal Statutory Declaration. The registration will be cancelled and the action will be passed back to the Local Authority.

If the Local Authority reject your application within the 19-day period, then it will be forwarded to a Court Officer at the Traffic Enforcement Centre who will consider the matter without a hearing.

 

What happens if I do not respond?

If you do not file a valid Statutory Declaration with TEC within 21 days of the date on the Order for Recovery, the Local Authority may enforce the Charge by requesting a Warrant of Execution. Once the warrant has been authorised by TEC, the local authority will instruct their certificated bailiffs to execute the warrant.

 

The actual warrant is not produced at Northampton County Court. Instead it is sent electronically to the local authority. It is now common practice for the warrant to be printed by the bailiff company.

 

 

http://www.hmcourts-service.gov.uk/cms/files/OOTVEHICLEEMISSIONS1.pdf

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Hi All,

 

I didnt have a ticket on my car so didnt know anything about it until August last year when the coucil sent me a letter saying I hadnt paid and the fine had gone up.

 

I called them and said i didnt dispute the ticket as I never go to that area and knew that when I had id parked on double yellows. He said told me to fill in an appeal online saying I never got the ticket which I did and then I never heard anything again!!

 

 

 

I called him and explained I could afford to pay it all, he said tough basically and if they saw my car they'd clamp it!!! The parking ticket was for £75 and theyre now demanding £336!!

 

Please can someone help me, I cant afford to pay it all and if they clamp my car I wont be able to get to work.

 

Thanks so much.

 

Dotty

 

 

Dotty, I am confused by your post. Have you made typing errors or are you saying that you do not dispute the ticket because you had parked on a double yellow line.

 

I am assuming as well that you meant to say that you COULD NOT afford to pay the whole amount.

 

Assuming that you do dispute the PCN, it would appear that the local authority gave you the WRONG INFORMATION.

 

If you had not received the original PCN or Notice to Owner, then you would need to wait to receive the ORDER FOR RECOVERY. Attached to this would have been a Statutory Declaration and you would need to tick the box to state that you had not received the PCN.

 

Because you had not completed this, you now HAVE TO complete an OUT OF TIME late Statutory Declaration. As soon as you have completed the form and sent it to the Traffic Enforcement Centre ALL enforcement must CEASE.

 

The forms that you need to complete are the TE7 & TE9.

 

You will need to telephone the Traffic Enforcement Centre first thing in the morning and they will e-mail the forms to you. Their telephone number is: 08457 045 007.

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