Council and Bailiff procedures in Parking Fines...

[Simmo52]

Newbie here wanting some quick advice, so be gentle...

 

I have had a bailiff turn up on my door looking for £318 for a parking fine I apparently got in my car some months ago. He handed me some paperwork with my car listed on a part of it.

 

I explained that this was the first I had heard of it but he said it had already been to court and I needed to make payment. He has given me a week to do this or he will return to remove my car and household goods.

 

I bought the car two years ago and it has always been registered to me at this address. I've just finished paying the finance off too so I dont want to lose it!

 

What troubles me is that I have never received anything from the council or courts regarding this. There must be a procedure for this before the bailiff is issued with it to take my goods?

 

I have never avoided paying anything in my life even when times have been hard. My nephew has advised me that I can apply to the court for a declaration as I have never received a Note to Owner.

 

Is this the case and if so will this stop the bailiff and return the fine back to a sensible amount? Should I tell the bailiff I am applying for this?

 

Your help would be grately appreciated.

 

[tomtubby]

Newbie here wanting some quick advice, so be gentle...

 

I have had a bailiff turn up on my door looking for £318 for a parking fine I apparently got in my car some months ago. He handed me some paperwork with my car listed on a part of it.

 

I explained that this was the first I had heard of it but he said it had already been to court and I needed to make payment. He has given me a week to do this or he will return to remove my car and household goods.

 

I bought the car two years ago and it has always been registered to me at this address. I've just finished paying the finance off too so I dont want to lose it!

 

What troubles me is that I have never received anything from the council or courts regarding this. There must be a procedure for this before the bailiff is issued with it to take my goods?

 

I have never avoided paying anything in my life even when times have been hard. My nephew has advised me that I can apply to the court for a declaration as I have never received a Note to Owner.

 

Is this the case and if so will this stop the bailiff and return the fine back to a sensible amount? Should I tell the bailiff I am applying for this?

 

Your help would be grately appreciated.

 

 

 

If you had not received any statutory notices it is most likely that this is because there has been an error in the address.

This could be for a variety of reasons.

 

What you need to do is to telephone the Traffic Enforcment Centre on 08457 045 007 (wait on the line to speak with an operator) and ask them to confirm the address on the warrant. If wrong, then tec will email you an Out of Time Application on forms TE7 &TE9, Once completed this will freeze all enforcment until such time as the matter has been determined (approx 6 weeks).

PS: You iwll need to have the PCN number to hand BEFORE you call TEC. This possibly will be on the bailiff letter and will consist of 2 letters and 8 numbers.

 

Any queries, please post back.

[Simmo52]

Bingo. After closer inspection of the documents there is a descrepancy in the address on the bailiffs hand written letter and the court document!

 

The court document says 194 but my address is 19A! The bailiff has put 19A on his notice.

 

I have spoken to the TEC as advised and am completing their form today.

 

Should I notify Marston or wait?....

 

Many thanks for your help so far.

[hallowitch]

fill in the form send it off then notify Marstons by e-mail (this gives you a written record )

[Voxter]

is it 19a or 194 on your v5 log book ?

[Simmo52]

Logbook is wrong too (says 194) but as my old Postman knew me I guess he just put it through my door.

 

We've had about six different Postmen since then. Or Post Persons should I say

[tomtubby]

Bingo. After closer inspection of the documents there is a descrepancy in the address on the bailiffs hand written letter and the court document!

 

The court document says 194 but my address is 19A! The bailiff has put 19A on his notice.

 

I have spoken to the TEC as advised and am completing their form today.

 

Should I notify Marston or wait?....

 

Many thanks for your help so far.

 

 

If your Out of Time Applicatio is somehow rejected then you really should consider appealing.

 

Sadly, when the local authority respond to Out of Time Applications many of them simply respond by asking that TEC REJECT the application on the grounds that they complied with the legal process by sending documents to the address supplied by DVLA.

 

However, the council are WRONG becasue the purpose of submitting the Out of Time is to provide a REASON why you are completing the form LATE !!! That is all.

 

That is why the form is it is called an OUT OF TIME......