Parking, Bailiffs, TEC, N244, Help!

[DirkGiggler]

Ok, where to start.

 

Got a ticket (May 2010), appealed it, lost, sent a cheque, heard nothing assumed all paid. Out one Saturday afternoon (Feb 2011) and there's a 'you've been visited by a bailiff' pay £300 odd now or we'll kick your door in (notice of removal states removal in absence etc).

 

So I call the number and ask what the score is, it's for a parking ticket he says.

 

So I call the council, ask what's going on, they tell me it's not been paid, I ask about how I challenge this as it seems ever so slightly unreasonable to go from £50 to £300 with no opportunity to pay etc and they keep largely schtum about the whole matter. After 20 minutes of asking questions they eventually tell me about the 'out of time' route because what I am telling them adds up with address issues and the like and they assure me that if I file the out of time they'll allow the representation.

 

So I file that and a decision was handed down last month that it was refused, they attach the council's response (bearing in mind that they'd told me about what to do) but the decision didn't reach me until after the 14 days to file the N244 had elapsed as the envelope had handwriting on the front saying 'try here' etc as my house is a nightmare to find. I emailed TEC the day I got the refusal and it took them a week to respond (last Friday) and in the mean time I've been posted another letter from Jacobs entitled 'Removal of Goods' saying they've called (it came in the post) and they're coming back to take the car/kick the door in.

 

So I have a number of questions:

 

1) Can they take the car? I'm self employed and use it for work, keep all my tools in it etc

2) TEC have said I have to explain about the lateness of my review application, should I apply for a hearing or non-hearing review?

3) The bailiff charges seem rather out of line with the legislation, 2 visits have added £265, he's clamped the car once and then unclamped it without payment as I needed it to get my daughter to school as I'm a single father engaged in a custody battle.

4) I know in law that a letter is taken as served if its posted First Class, they refer to that but post is a nightmare here as it's remote and there's a house with an almost identical name about a mile away and we're both in the middle of nowhere. The other house is empty to add complication so it's not like I can rock up there.

5) The council say they have no record of me speaking to them, I definitely did, the moment I found out the ticket had not been paid, should I state this or should I provide evidence.

 

On the whole, my head is spinning, if I lose the car, I lose my trade, trade gone, house goes, house goes, daughter goes, all over a poxy fifty quid I'd thought I paid a year ago.

 

Help!

 

(and thank you)

[Conniff]

Got a ticket (May 2010), appealed it, lost, sent a cheque,

 

Has this cheque been cashed ??

[DirkGiggler]

No sadly not but I received nothing between sending that cheque and the bailiffs turning up.

 

They state I hadn't been in contact but that is because I genuinely believed I didn't need to as I'd heard nothing at all.

[lamma]

Post in the bailiffs section. And do it fast, Did their letter really say they would break in to distrain ? they can't do that for PCN 'debts'

[DirkGiggler]

Yes, their letter clearly states that they will remove goods in my absence if they return.

 

With a locked house, one assumes that means they'll be breaking in.

 

I'm quite worried all things considered.

 

Will post in bailiffs now, thank you.

[DirkGiggler]

Ok, where to start.

 

Got a ticket (May 2010), appealed it, lost, sent a cheque, heard nothing assumed all paid. Out one Saturday afternoon (Feb 2011) and there's a 'you've been visited by a bailiff' pay £300 odd now or we'll kick your door in (notice of removal states removal in absence etc).

 

So I call the number and ask what the score is, it's for a parking ticket he says.

 

So I call the council, ask what's going on, they tell me it's not been paid, I ask about how I challenge this as it seems ever so slightly unreasonable to go from £50 to £300 with no opportunity to pay etc and they keep largely schtum about the whole matter. After 20 minutes of asking questions they eventually tell me about the 'out of time' route because what I am telling them adds up with address issues and the like and they assure me that if I file the out of time they'll allow the representation.

 

So I file that and a decision was handed down last month that it was refused, they attach the council's response (bearing in mind that they'd told me about what to do) but the decision didn't reach me until after the 14 days to file the N244 had elapsed as the envelope had handwriting on the front saying 'try here' etc as my house is a nightmare to find. I emailed TEC the day I got the refusal and it took them a week to respond (last Friday) and in the mean time I've been posted another letter from Jacobs entitled 'Removal of Goods' saying they've called (it came in the post) and they're coming back to take the car/kick the door in.

 

So I have a number of questions:

 

1) Can they take the car? I'm self employed and use it for work, keep all my tools in it etc

2) TEC have said I have to explain about the lateness of my review application, should I apply for a hearing or non-hearing review?

3) The bailiff charges seem rather out of line with the legislation, 2 visits have added £265, he's clamped the car once and then unclamped it without payment as I needed it to get my daughter to school as I'm a single father engaged in a custody battle.

4) I know in law that a letter is taken as served if its posted First Class, they refer to that but post is a nightmare here as it's remote and there's a house with an almost identical name about a mile away and we're both in the middle of nowhere. The other house is empty to add complication so it's not like I can rock up there.

5) The council say they have no record of me speaking to them, I definitely did, the moment I found out the ticket had not been paid, should I state this or should I provide evidence.

 

On the whole, my head is spinning, if I lose the car, I lose my trade, trade gone, house goes, house goes, daughter goes, all over a poxy fifty quid I'd thought I paid a year ago.

 

Help!

 

(and thank you)

 

[This has been reposted from the original thread in the parking tickets subforum but I can't post links yet as I've only got 9 posts]

[dx100uk]

two threads megred

 

please keep to one thread per issue

 

dx

[DirkGiggler]

Thanks, apologies I posted this at someone's suggestion. Apologies again.

[tomtubby]

I will provide a full response in the morning,

[tomtubby]

You need to file an N244 right now and provide a covering letters to explain the lateness. There should not be a problem with this.

 

When you submit the N244 to TEC you need to call them so that they can take you payment details over the phone.

 

From what you have said, I would strongly suspect that there is a problem with your address and how it is recorded by the council etc.

 

This morning you need to contact the council to ask them to confirm the precise address on which the Notice to Owner was sent. Following this call, you must then ring TEC on 08457 045 007 and ask them also to provide the PRECISE address that they have for you. Bailiff companies routinely data cleanse the information to establish a NEW ADDRESS fro you. Personally, I am very much against this because, if you had not received the NTO you would have been unable to pay the charge at the early stage or to appeal.

 

If you want help in completing the N244 please post back.

 

Unless your car is currently clamped and you require a very quick decision, I would ALWAYS suggest that you pay the higher fee to attend court in person.

 

In any event, I have sent you a PM.

Edited June 16, 2011 by tomtubby