Collect services Ltd & notice of seizure of my car

[haribo2006]

Hi people,

 

Im really worried as this morning a man from collect services visited my home for an unpaid PCN to ask for me, It has already been to court and TEC but it was rejected on both occasions. another house member answered the door as I didnt even realize who it was at the time, anyway they asked to speak to me and they said "yeah sure he's in" I was called downstairs so off I go ready to speak to this person and at the time unaware who it was, I then here the guy say "actually dont worry, please just give this letter to him" and then he left!

 

I opened up the leter and its a intended seizure of goods and to call immediatley!

 

Ok I have received a previous letter from these guys with my car on the inventory, but I might add that I have never signed for anything.

 

There is a section at the bottom for me to sign but I havent done so, so bearing this in mind can they still take action and remove my car as there is no agreement from me for anything?

[tomtubby]

Hi people,

 

Im really worried as this morning a man from collect services visited my home for an unpaid PCN to ask for me, It has already been to court and TEC but it was rejected on both occasions. another house member answered the door as I didnt even realize who it was at the time, anyway they asked to speak to me and they said "yeah sure he's in" I was called downstairs so off I go ready to speak to this person and at the time unaware who it was, I then here the guy say "actually dont worry, please just give this letter to him" and then he left!

 

I opened up the leter and its a intended seizure of goods and to call immediatley!

 

Ok I have received a previous letter from these guys with my car on the inventory, but I might add that I have never signed for anything.

 

There is a section at the bottom for me to sign but I havent done so, so bearing this in mind can they still take action and remove my car as there is no agreement from me for anything?

 

No signature is required I'm afraid.

 

You need to check to see if the bailiff himself was certificated. There is a link in the STICKY section where you can do this.

 

Its a shame that you ignored a previous letter from a bailiff as the debt would have now increased quite a lot.

 

I am concerned as to why the bailiff did not remove the car, in particular given that he had already previusly levied upon it!!

This would normally be because he had been aware that it was on finanac, or that it was not worth the cost of removal.

 

You say that the case has already been to TEC twice and rejected, can you explain?

 

Also, if it was rejected then why did you not appeal?

 

What was the grounds for appealing to TEC?

Edited January 26, 2011 by tomtubby

[haribo2006]

Yes he is certified as I have chekced already, and I didnt ignore any letters or comms from the bailiffe, as soon as I received it, I calle the TEC.

 

Ok I will expalin from the beginning:

 

It started of with me visiting a very unwell relative, I initially decided to stay for the evening but ended up staying the night as they wanted some company, which is understandable.

I woke up in the morning realizing it was later than 8AM, which is the time I should of moved the car by. I then find a pcn on my car for parking in a loading bay, which is hardley ever used anyway.

 

I decided to contest the ticket to the council within 28 days, this was rejected.

 

I then appealed this to the TEC by using an out of time/witness staetement form and also had this rejected.

 

Ok I then call up the TEC for some advice as I am woried at this point, they advised me I could ahve a hearing in my local court which I agreed to do but didnt receive the forms as informd I would by email, we then had xmas and new year, so a busy period for all.

 

Then this morning I have a bailiffe knocking on my door again with an intended notice of seizure of goods

 

The reason I refused to pay in the first place was I felt the council could of used some discretion and maybe removed this pcn bearing in mind the surrounding events leadiing up to it.

 

The council, TEC and bailiffe have all be made aware of why i was parked there.

 

I really dont have the will to fight it anymore and just want to pay the fine to the council minus any massive bailiffe charges which are:

 

PCN: £105

Court fee £5

bailiff costs£157.61

 

total: £267.61!!

 

Please I really need some help/advice asap as dont want my car removed.

[lordsugar]

Unfortunately Collect services tend to do things by the book believe it or not. It is unlikely the council will take the fine back, If you are unable to pay in full offer to pay them in 3 installments, whatever you do dont wait to long as you will get another visit and further charges....!!

 

As to the levy the part you sign is the walking possesion agreement so its always best to decline ... so yes he has a legal levy on you vehicle which enables him to clamp or remove it. The vehicle must be present for him to levy on it.

[tomtubby]

I think that there has been a few errors. You appealed the PCN and this was rejected. The regulations do make it clear that the council must consider all reasons and if rejected, the CORRECT procedure is for you to tick the box on the Notice of Rejection to ask for the compliant to be considered by an Adjudicator. It does not look as if you did this.

 

You would have then received a Charge Certificate AND an Order for Recovery BEFORE the council would have requested a Warrant. Therefore, there is something no which right.

 

There are only a few grounds on which you can complete a TE7 & TE9 and one of these is that you hadn't received a Notice of Rejection and yet, you say that your appeal was rejected.

 

How old is the car and is it on finance?

 

If TEC are saying that you can appeal their rejection (which is strange), then you can still do this and the matter would again go back on hold.