Notice of Execution for PCN I never got!

[cellojulia]

I hope someone can give me some advice here. This morning I fell out of all clouds when I received a letter from a bailiff company with a notice of execution relating to an alleged parking ticket issued by the Borough of Wandsworth. Only problem: I neither ever had a ticket stuck to my car nor got a PCN through the post, let alone ever received a Notice to Owner, Charge Certificate, Registration of Debt notice or any of the documents which I should have received at some point had I not paid a parking ticket. I last moved house 8 months ago and changed the address on my V5 immediately so there is no way it could have gone to a wrong address. Any ideas on how to proceed??

[lamma]

Out of Time Declaration ASAP.

[cellojulia]

Can you explain that further? Never dealt with anything like that.

[Zamzara]

You serve a witness statement on Northampton County Court that you never received the notice to owner, and the enforcement is stopped and set aside.

 

Witness Statements and Statutory Declarations - Traffic Penalty Tribunal

 

As you never received an order at all, in my view the declaration is not out of time because it is in time until 21 days after the order is served:

 

The Civil Enforcement of Parking Contraventions (England) General Regulations 2007 No. 3483

[cellojulia]

I have obviously missed the 21 days, hence the bailiff. I will proceed with the Out of time declaration first thing on Monday but what shall I do with the bailiffs in the meantime?

[lamma]

do not open the door to the bailiff no matter what they say. keep the car locked in a garage. google the last three words in this sentence, bailiff advice online.

[Spelunkerer]

You serve a witness statement on Northampton County Court that you never received the notice to owner, and the enforcement is stopped and set aside.

 

Witness Statements and Statutory Declarations - Traffic Penalty Tribunal

 

As you never received an order at all, in my view the declaration is not out of time because it is in time until 21 days after the order is served:

 

The Civil Enforcement of Parking Contraventions (England) General Regulations 2007 No. 3483

 

I have a similar situation and have posted on another thread as well.

Can someone tell me how to actually serve the statement on Northampton Court - given that I live near Birmingham I couldn't get there

 

Here is my other post.... http://www.consumeractiongroup.co.uk/forum/parking-traffic-offences/256917-need-advice-please.html

 

Many thanks

[crem]

I believe your notice can be faxed to the TEC (Northampton Court)

[mhvc1]

How did this case pan out? I have today received two notices of execution pertaining to PCN's issed by Wandsworth - I have no clue what either is for and this is the first I have heard. Should my first course of action be to file an Out of Time declaration, even though I cant give details about what the alleged PCN's are for, other than the PCN number? thanks

[lamma]

"notices of execution". no such thing. are they Orders for recovery or Charge Certificates or Warrants ?

[mhvc1]

they are entitled "Notice of warrant of execution authorised by the Northampton County Court, Traffic Enforcement Centre" issued by the bailiffs giving me 7 days to make payment (one for £197.88 and one for £233.13) to avoid the warran being issued

[lamma]

see the above posts (plus others in other threads, look for posts by tomtubby). get that declaration made ASAP. as its the weekend keep the car locked in a garage and do not open the door to a bailiff no matter what they tell you.

[Zamzara]

Witness statements against charge certificates etc - FightBack Forums

 

Don't delay further

[cellojulia]

Filed Out of Time declaration nearly 2 weeks ago and not a word from either the court or the bailiff so I assume it's just running its course and going back to Wandsworth Borough Council.

[lamma]

prepare for N244.

[james7406]

I received one of these "Notice of warrant of execution authorised by the Northampton county court, Traffic Enforcement Centre" issued by the bailiffs giving me 7 days to make payment. on friday relating to an alleged offence dated 2007 what should i be doing.

 

cheers james

[cellojulia]

Immediately file a Statutory Out of Time declaration which you can download on the internet. You then have to take it to your local county court, make the declaration under oath and get it signed off before sending it by Special Delivery, recorded and signed for to Northampton county court.

[tomtubby]

Immediately file a Statutory Out of Time declaration which you can download on the internet. You then have to take it to your local county court, make the declaration under oath and get it signed off before sending it by Special Delivery, recorded and signed for to Northampton county court.

 

Good advice.

 

HOWEVER...most Out of Time Applications do NOT require being witnessed.

 

The new forms are the TE7 & TE9 and these simply have to be signed. The old forms are the PE2 & PE3 but these are rarely required.

[james7406]

can you pick these forms up at the court, as i cannot download them?

 

 

Cheers James

[lamma]

what error do you get when trying to download them ?

[james7406]

my printer isn,t working at the moment.

 

 

James

[lamma]

okay - not the download that doesn't work then, thats good. got a memory stick and a mate with a printer ? or email the forms to the mate with the working printer.

[james7406]

could do that but i am working right next door to a county court tomorrow, thought i could kill two birds with one stone.

 

 

James

[lamma]

well that makes it easy ! do it first thing.

[james7406]

thanks for your help i,ll do that.

 

i have not heard any more from the bailliffs, should i let them know what i,m doing?

 

 

 

james