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Hi,

This is krishna, I have come to a difficult situation, last friday bailiff came to my home regarding one of my car fine. Last year i got one fine for taking right turn which is prohibited. I was following tom tom and suddenly i have taken right, i haven't noticed the sign and got a PCN.

I have moved my house and redirected all my mails to new address but some have i missed my initial PCN after 14 days again they have send another with 120£. I have kept a mail to them regarding my situation and circumstaces, but they haven't satisfied what i said and they told to appeal. I have made an appeal but they haven't come back and again they have sended another letter with 180£ with charge certificate.

They send me a letter stating 'once a charge certificate has been issued the council is not required to consider representations or any new informations received.

i don't know what to do at that point and i made a payment of 60pounds. After that i haven't got any letters and i thought they were happy with my mail and the payment which i have paid.

But last friday a bailiff from newlyn arrived to my old address and took my contact number from landlord and gave a call saying that i have to pay balance of 125£ for car fine and 405£ of bailiff charges, total he told me to pay 538£.

I have explained him everything happened, but he is not ready to listen anything and he is asking me to pay the 538£. he was very rude and i paid him 100£ through my card to ged rid of him at that point. He told me that he is going to call today again for the rest of the payment either monthly wise or whole at a time.

I don't know what to do, and paid the actual fine balance 120£ to the harrow council directly through online.

Now total 180£ pounds i have paid t the council and 100£ extra to the bailiff company newlyn, but what i need to do if i get a call from bailiff again, please give any suggestions.

 

Thanks & Regards

Krishna

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This is actually simple.

 

You need to contact the Traffic Enforcement Centre straight away on 08457 045 007 and ask them to confirm the address on the warrant. If it is your CURRENT address ask them if the local authority have applied to change the address.

 

If under the old address, ask them to email you an Out of Time Declaration. As soon as you return this back to them with your signature, the case will be put on HOLD and ALL enforcement by cease.

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Hi Tom,

Thankyou for quick response. As you said i can call to the above number i will ask for out of time declaration, but before that i have one query, currently i am living in a new address but still my car was registered at old address will that impact if i call the above number for out of time declaration. I am a contractor moving differnt places in a year so i haven't changed my address.

Regards

Krish

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Hi Tubby,

I have send them a receipt for 120£ which i paid online on email. they came back with reply stating

I am replying to your recent email received on 24 August 2010, in connection to the above Penalty Charge Notice.

I have noted you have made a further payment of £120; however, there is still an outstanding amount of £5 due to the Council, in addition to the bailiff’s charges that have been incurred.

I can confirm that the Council has written to you on three occasions, 23/11/09, 02/12/2009, 07/01/2010, and each occasion advising you clearly, what you need to pay; you paid the discounted amount £60 when you should have paid the full balance of £120. As you failed to pay, the correct balance due it has resulted in the Council applying for and serving the warrant to the bailiffs by the Courts.

As I explained to you yesterday on the telephone, you need to discuss this issue with the bailiffs as they have a valid warrant and they will carry out there duty. Should you fail to pay the full balance due, including the bailiff’s charges, to them, not the Council they will action the warrant.

I trust I have explained your position clearly

Tubby could you please advice me how i should handle this situation.

Thanks & Regards

Krish

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You may have to bite the bullet and pay up. You've actually paid for almost everything anyway, so an out of time declaration isn;t going to help, and may end up costing you more (assuming it is granted). Payment is taken as a full admission and as such if you've paid all except £5 and Bailiff charges, there's no way your going to get those back as they were properly billed for the work done. Add to this, if you admit that the RKs address was incorrect, this means you can be opening another can of worms by not having notified DVLA of the change in good time. It may be quicker to settle and move on, by contacting the Bailiff Co first for a final figure, as if they come out they'll add more costs to their charges.

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HI Buzby,

Thanks for the quick response. Just i want your advice on this, if i make a payment of 5£ and leave that rest of bailiff charge which is another 300£ will that be going to effect my credit rating and other stuff. Currently my car was registered on my old address and all my mails are redirected to new address, is there any chances that bailiff can track my new address.

 

Thanks & Regards

Krish

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Hi Krish. The fees Iincluding the Bailiff costs will still remain as a debt you are responsible for, so paying the Council's £5 whilst ignoring the balance of the fees will not stop them doing all sorts of horrors that only bailiff can do (as opposted to the common or garden debt collectors). As for your new address, I don;t wish to sound negative, but inless you took on a new identity as well, your new (and old) addresses will be linked, and the best ay to discover this is to get a copy of your credit file. If the addresses show, then the bad news is Bailiff firms subscribe to access of these credit files and will see the new address for you. The chances of the debt itself being shown on your credit file is slim, there has been no formal court action against you, so this will probably stay off it, but as I noted, it doesn;t really matter if they're using the information on your file to track your movements.

 

Since Royal MaIl provide the DHSS. TVLRO and the CRAs with your mail diversion address (did you read their T&Cs?) your new address will be there ready to be shown to any authorised enquirer.

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Hi Buzby,

I am planning to fill TE7 & TE9 for further processing, because initially I appealed to the Adjudicator against the council's decision to reject my representations, I have had no response to my appeal and a Charge Certificate was served before my appeal had been determined. I had all mail communication with the council about my appeal, but still they issued a charge certificate before my appeal was answered. Buzby could you please advice me on this action and am i missing anything else.

 

Thanks & Regards

Krish

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There's too many loose ends here making it a bit og a mess. If you've not received a confirmation of any receipt of your appeal, there won't be one. Similarly, if you've paid off the claim with the exception of the expenses, I cannot see how an appeal would work as payment is admission, and an appeal rejected.

 

The charge certificate follows automatically, but you may be holding out for a determination that will never come. (1) did you advise the Council you would be appealing (2) have you asked the Adjudicator when your hearing is expected?

 

You may be initiating needless busy work that won't make any difference to the final outcome and pursuit of the remaining debt.

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Hi Buzby,

Thanks for answering for all of my questions. Now i am not in a situation to pay another 300£ to Bailiff company, Already i have paid 280£ in total to the council. Will there be any options for me to work this out. The council knows that i have appealed to the adjustor and the samething i have mentioned on the mail while communicating with the council, but i haven't asked the adjustor about my hearing.

 

Thanks & regards

Krishna

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It is up to the Bailiffs to decide how they'll recover their costs, so it pays not to be ostentatious! The Adjudicator is the most important link, because if they do not acknowledge your appeal is valid - you'll be effectively stuffed. I'd chase them right away.

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Hi Experts,

Again today i got a message from bailiff saying that they are attending property today to remove goods call bailiff ASAP. last week i have applied TE7 & TE9 but HMCS said that they are wrong forms and returned back. Again yesterday i have send PE3 & PE2 forms to HMCS. please advice me what to do, do i need to call them and say that i have applied to HMCS or ignore the call.

Thanks & Regards

Krishna

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Thread moved her-its a more appropriate forum for these issues.

Thanks for report SM

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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  • 1 month later...

Hi Buzby,

Thank you very much for your advices and for all the information and also thanks to everyone. Today i got the letter from northampton county court saying that ' it is ordered that the order for recovery of unpaid penalty charge be revoked. It is further ordered that the charge certificate be cancelled. This orderdoes not cancel the original penality charge notice. The local authority may well take further action on it. The local authority should inform you as soon as possible if it intends to do so.

The thing is already i have paid original penality charge 60 pounds and also extra 220 pounds to them. Now do they refund my money back what ever the excess they charged or what would be the process........

 

Once again thanks to everyone for your valuable suggestions.

 

Thanks & Regards

Krishna

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  • 1 year later...
Hi Krish. The fees Iincluding the Bailiff costs will still remain as a debt you are responsible for, so paying the Council's £5 whilst ignoring the balance of the fees will not stop them doing all sorts of horrors that only bailiff can do (as opposted to the common or garden debt collectors). As for your new address, I don;t wish to sound negative, but inless you took on a new identity as well, your new (and old) addresses will be linked, and the best ay to discover this is to get a copy of your credit file. If the addresses show, then the bad news is Bailiff firms subscribe to access of these credit files and will see the new address for you. The chances of the debt itself being shown on your credit file is slim, there has been no formal court action against you, so this will probably stay off it, but as I noted, it doesn;t really matter if they're using the information on your file to track your movements.

 

Since Royal MaIl provide the DHSS. TVLRO and the CRAs with your mail diversion address (did you read their T&Cs?) your new address will be there ready to be shown to any authorised enquirer.

 

The warrant has to be on her new address in order for the bailiffs to enter her new address. To get a new warrant the bailiffs need to apply in court and pay again the fee, so they will try to trick her about that! If she can avoid collection for 12 month (withholding her new address and then fighting the bailiffs as they cant enter her house by force but they will try to) most likely the bailiff will return the warrant as uncollected, and sooner or later the council will write it off! Some people got a guard dog to fight the bailiffs :))) no bailiff will force his way inside of the house if a Pitbull will be waiting there :)) I have so many PCN so many, but i dont care! They have my old address, and by the time they will get my new one, and they will apply for a new warrant, i will be moving to another house. After I a collecting a couple of more PCNs i will make my partner the registered keeper of the car and thats it!

The only time the bailiffs are allowed to enter the house by force, is when is a fine from the Magistrates Court (criminal offences like speeding, driving drunk ) but PCNs are civil matters and are going to COunty Court!!!!

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most probably the PCN will be written off in 4 to 6 years, but mind that to restart the collection process with bailiff, another application for a warrant must be made on the RIGHT address and another fee of 80 need to be paid! If they failed one time (considering that the process of chasing someone is at least one year)... they will focus on the new PCN most likely. And mind that this PCN are not affecting the credit score CAUSE there are fines, not BILLS!!!!!!!!!!!!!!!!

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