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Devastated - Bailiff visited for a ticket that I'm not even aware of (Attachment)


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Hello all,

 

I'm desperately looking for some advice please.

 

I came home and my sister told me that a bailiff came and was going to cease my car due to some unpaid car ticket - I don't know at this stage what kind.

 

Weird thing is my sister said that it was for a ticket in Bristol - I've never been Bristol! Hwoever I think she may have been confused as the company is "Bristow" and Sutor.

 

 

What should I? Should I ask the Bailiff for evidence as I have honestly never received any letter or demands for an unpaid ticket.

 

I'm flabbergasted at the cost which I simply cannot afford :(

 

PLease could you help.

 

Attached is a scanned copy of the Seizure notice.

 

Thank you.

 

800*600 gSLNt.jpg

 

 

Large Image: http://imgur.com/FueUd.jpg

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Just quickly before the real experts come on here.

 

Do not call the bailiff.

 

And yes you will need to ask for a breakdown of the charges, but someone will be along to tell you what to write.

My respect to people who post regularly and help people out on here. Without your help alot of wrongs would have been committed.

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Thanks for the advice king, I'll hang around :)

 

Just a few points to add:

 

I'm assuming that by the "Penalty Charge" field starts with "LE" that that this the area the apparent offence took place in? i.e. Leicester (if not Bristol)

 

I do own the car but have no ownership of the house it resides on.

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You need to get in contact with the issuing council of the PCN and inform them that you have not received the NTO (notice to owner) and request that all bailiff action be placed on hold. You should then be able to request an appeal on the basis that the PCN may have been issued incorrectly. I would also request a copy of the original PCN.

Some one may come in with better info :)

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Hi,

Yes the car was on the driveway at the time the bailiff visited but they did not take it away.

 

I tried to get hold of someone at Leicester Council but no luck as yet :s

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Then they have already levied on your vehicle as this is a NOTICE of SEIZURE.

 

You need to act on this urgently as they state 5 days on the notice - i'm assuming this means if you do not pay in 5 days they will seize the car and you will incur further costs for removal and storage.

 

Is the car subject to Finance or HP?

 

Have you contacted TEC?

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Traffic Enforcement Centre (TEC) on 08457 045007 quoting the PCN number on your document. Ask what council issued it, then find out where the Notice to owner was sent, if its different to your address then the council did not follow the rules.

 

You dont have to pay the bailiffs fees, this is because they are incorrect. The law says the bailiffs fee on unpaid tickets is 28% of the amount of the PCN and the £5 court fee.

 

If the car being levied is on finance then the levy is not valid.

 

From what you are saying, it looks like a council parking warden has made a typo in the registration when he wrote the ticket and entered yours instead. If this turns out to be the case, then you should make an application for damages against the issuing council and contact the Local Government Ombudsman.

Professional property investor and conveyancer

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Hello all,

 

I've only just had a chance to read this and I most certainly appreciate your help and advice.

 

They sent all the previous lettrs and demands to my old address but somehow the bailiff turned up at my new address.

 

I did contact the council and they provided a link to photos of the parking ticket in Leicester (as opposed to Bristol) - It is definitely my car (so no typo) except I still have no recollection of the darn ticket :(

 

The reason they gave me the ticket is because I was "Parked in a restricted street during prescribed hours".

 

Here is the image:

 

VFcAK.png

 

As you can see I used my disabled parking badge but the main card was wrong way around so they still gave me a ticket :( :( :(

 

I phoned TEC (Northampton Country Court) and they gave me a "Statement out of time/extension of time" which I emailed back midday today and they said I should get a decision by end of day today - but I've not heard anything.

 

There is no finance on the car.

 

 

Fork-it, you say they can only charge me 28% of the unpaid ticket so I should expect to pay £110 + £30.80 + £5?

 

I'm hoping they will stop the bailiff's action and then I can fight the case to get the ticket cleared full stop.

 

Thank you so much for all who are helping me, I really really do appreciate this.

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Hello all,

 

I've only just had a chance to read this and I most certainly appreciate your help and advice.

 

They sent all the previous lettrs and demands to my old address but somehow the bailiff turned up at my new address.

 

I did contact the council and they provided a link to photos of the parking ticket in Leicester (as opposed to Bristol) - It is definitely my car (so no typo) except I still have no recollection of the darn ticket :(

 

The reason they gave me the ticket is because I was "Parked in a restricted street during prescribed hours".

 

Here is the image:

 

VFcAK.png

 

As you can see I used my disabled parking badge but the main card was wrong way around so they still gave me a ticket :( :( :(

 

I phoned TEC (Northampton Country Court) and they gave me a "Statement out of time/extension of time" which I emailed back midday today and they said I should get a decision by end of day today - but I've not heard anything.

 

There is no finance on the car.

 

 

Fork-it, you say they can only charge me 28% of the unpaid ticket so I should expect to pay £110 + £30.80 + £5?

 

I'm hoping they will stop the bailiff's action and then I can fight the case to get the ticket cleared full stop.

 

Thank you so much for all who are helping me, I really really do appreciate this.

 

 

 

There is NO WAY that you will receive a response from TEC for AT LEAST A MONTH !!! Can you contact TEC in the morning to ask for an explanation.

 

 

A copy of your Out of Time Application is sent to the council and they have 19 BUSINESS DAYS to consider your application. That is ONE MONTH and then the application needs to be processed by TEC. This is NORMALLY another 2 weeks.

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SITE TEAM, YET ANOTHER VULNERABLE PERSON.

 

PLEASE PUT THE VULNERABLE DETAILS IN A STICKY. IT WILL SAVE MANY TIME.

Adam phone the bailiffs, and tell him you are requesting it to be sent back to the court because you are a vulnerable person according to the National Guidelines.

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There is NO WAY that you will receive a response from TEC for AT LEAST A MONTH !!! Can you contact TEC in the morning to ask for an explanation.

 

 

A copy of your Out of Time Application is sent to the council and they have 19 BUSINESS DAYS to consider your application. That is ONE MONTH and then the application needs to be processed by TEC. This is NORMALLY another 2 weeks.

 

If no order for recovery was served on the OP, then the order is invalidated under regulation 23 of the General regs as soon as the OP serves a witness statement. The statement cannot be out of time until 21 days from when the OfR is served on the debtor (and not on someone else).

 

I know they get this wrong, but we don't have to encourage it do we? If they continue the action regardless, judicial review is a possibility.

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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  • 2 weeks later...

Hi all

 

Sorry I have not been able to reply earlier. The bailiff did not come thankfully and I am now waiting for a response from the council.

 

Thanks you all.

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