Truck Taken, Trespassing Parking warden £1100 wanted

[feefibrokefun]

Hi CAGgers

 

My first post.

 

Two wrongs :-

 

1. My brother had his work van ticketed in an area parking wardens are not allowed to enter.

 

2. His truck taken away from outside his house by alleged bailiffs who now demand £1100 to resolve it.

 

He was doing major gas pipe work on the main road and had coned off a section of the road for health & safety

reasons and to park his van within.

 

A council parking warden entered the coned area and put a parking ticket on his van.

 

He tells me his van, although his, was exempt from parking tickets as the company he works for has an exemption certificate.

 

Further, for health and safety reasons the parking warden was not allowed to enter the coned area.

 

He has since left that job and the court/council have not contacted his old job to confirm the exemption certificate stands in this case.

 

Can anyone suggest how to fight this?

 

Thanks in advance

[honeybee13]

Hello there, welcome to the forum.

 

I expect guys in the know will be along soon, but in the meantime in case it helps them, what paperwork has your brother had so far please?

 

My best, HB

[Dragons Dennis]

Well, there is a HUGE chunk missing from this story. He got a ticket and then the baliffs turned up? What about the reminders, charge certificate, court summons, court case, notice of outcome. Did he not gat anything other than a ticket????

 

Was the van registered to him at the time and at the correct address?

[Raykay]

There is no summons or court case for decriminalised parking tickets, if the ticket is not paid the council apply to the Ticket Enforcement Centre at Northampton who grant a warrant to the council. The council can then send in the bailiffs.

 

If the correct procedure has not been followed by the council, or documents not received, application can be made to the T.E.C. (01604 619450) who can, depending on the circumstances, revert the case back to the Penalty Charge Notice stage.

[feefibrokefun]

Thanks to RayKay, HB13, Dragons Dennis and all concerned for help so far.

 

My brother is at work, so I will ask him for more info when he finishes later today.

[feefibrokefun]

Hi all, back with more info regarding my brothers meet with fire:-

 

He filled out an "out of time" witness statement form two weeks ago today.

 

He spoke to the borough and the courts and each has said they are waiting for the other and it could take up to a month.

 

In the mean time he cannot work. I'd hope compensation is coming forth...

[Tony P]

In the mean time he cannot work. I'd hope compensation is coming forth...

 

Not my area of knowledge ... but could the vehicle be released subject to a payment 'in escrow' with a trustworthy and reliable body (not the clamper/tower)?

[lamma]

N244 - ASAP. Bailiff have jumped the gun. but needs a bailiff expert to look at this.

 

how did they come up with £1100 ? ?

[feefibrokefun]

Thanks for help so far.

 

More info from brother : -

 

Oct 20 2010

Got PCN £50. If paid within 14 days - £25.

He handed PCN in to job for them to cancel it as job holds exemption cert RE: PCNs.

Feb 2011

Letters arrive from council saying cost has doubled as not paid within 14 days (£100 now wanted).

Brother phones old job who confirm they will sort the matter out.

April 2011

Brother leaves job.

 

May 2011

Brother receives letter from bailiff demanding £300 (6 times original cost).

 

Brother speaks to old job and this time they deny all knowledge of him handing in the ticket.

Bailiffs kept coming to his home when he was at work at the cost of £350 a time.

 

Hence £1100.

 

Brother phones council who say the matter has been passed on to the courts and there is nothing they can do.

 

Council give him number for Northampton court, who he pleaded his case to. The response was they could not stop the

bailiffs coming round unless he paid the charge.

 

Brother did not know what to do (cost at this time £750)

 

Truck taken by bailiffs @ 4.30 am (further cost of £350).

 

Brother got advice from mse site who said fill out an "out of time" witness statement. He emailed it to Northampton court who froze the debt within an hour.

 

"out of time" form submitted over 2 weeks ago - court waiting response from council - council waiting response from court - chicken and egg.

 

What should he do next? How can N244 Help? can he ask for his truck back in the mean time with this form?

[Dragons Dennis]

When 'old job' diod not sort the first time, he should have paid the £100 and then sued 'old job' for the money. Now he will lose £1100 as it is HIS debt.

[feefibrokefun]

He was under no obligation to pay the £100 as his job said to him he was safe to park the work van as they held an exemption certificate.

The debt has never rightfully been my brothers'. Since he left that job, the actions of his former employer are visibly having a negative impact on him emotionally and financially. He was no longer an 'asset' and therefore company 'resources' were not allocated to aid him. This is having the effect of an attack on him at the evolutionary/DNA level 'killing us softly' - how many poor people are STILL programmed to accept this behaviour and blame people of similar rank?

[lamma]

Bailiff fees are a $cam. Post in the bailiff forum ASAP.

[green_and_mean]

I can't see how he can do anything he gave the PCN to someone to whom it had nothing to do with and then did nothing until now hence the visit from the baliffs. The van owner is liable he should have appealled that he was carrying out utilities work but failed to do so.

[lamma]

he can get the fees reduced to their proper levels for a start. £1100 1ooks way too much

[tomtubby]

I am sorry but your brother had made quite a few mistakes here.

 

Firstly, when HE got the ticket, he should have sent an appeal TO THE COUNCIL ( on the basis of the work that he was undertaking and the exemption).

 

Instead, he relied upon his old company to sort out the ticket. Frankly, the old company could not do anything other than to pay as the PCN was not on their name......it was in your brothers. What they could have done was to provide you brother with a COPY of the exemption and your brother should have used this to appeal.

 

Next, the Traffic Enforcement Centre CANNOT freeze any action. What they can do is to PROCESS an Out of Time Statutory Declaration which you brother can only file on any one of four grounds. This brings me onto my main concern).......

 

There are 4 grounds to file an OfT. These are that:

 

The PCN had been paid in full.

 

An appeal had to made to the adjudicator but that nothing else had been heard from them.

 

An appeal had been made to the council but that a Notice of Rejection had not been received

 

That the vehicle owner had not received a Notice to Owner or PCN.

 

There are NO OTHER GROUNDS on which an Out of Time Witness Statement can be filed and frankly, I cannot see on which ground your brother applied. You have already confirmed that he received the PCN and that he had not appealed !!

 

When an application is submitted ALL ENFORCEMENT IS FROZEN. Your brother will therefore not be liable for storage fees and neither can his vehicle be sold.

 

The local authority have 19 BUSINESS DAYS ( one month) in which to consider whether your brother has provided a good enough reason why he was submitting the statutory declaration LATE and if they reject the application, it is then referred to an officer to consider. In almost all cases, they also reject the application (no reason is given).

 

Therefore, when submitting an Out of Time Application the council have one month to consider the application and TEC take approx 2-3 weeks before writing to him with a decision.

 

If the application is rejected he can ask for the case to be reviewed and this will incur a fee of £80. A review takes approx 4-5 months!!

 

If he fails to seek a review within 14 days of the decision letter from TEC then the warrant becomes live again and the bailiff company can sell his vehicle.

 

As the above demonstrates, a stat dec is a lengthly process and this is why I would always urge anyone with valid grounds to appeal the PCN at the EARLY STAGE.

 

One good point is this. A bailiff should not remove a vehicle that is for "YOUR USE PERSONALLY IN THE COURSE OF YOUR BUSINESS OR VOCATION". If this was his only vehicle and is vital to his self employment, then it should be exempt from seizure.

 

Which company removed the vehicle?

 

How much is it worth?

 

Has he checked that the bailiff is certificated?

Edited July 3, 2011 by tomtubby

[feefibrokefun]

Brother received decision today that he is being held liable and is to pay £2000 to get his vehicle back.

 

I don't have the vehicle's value or bailiff company name yet.

 

@ tomtubby - "Has he checked that the bailiff is certificated?" - Do you mean bailiff as in the man or as in 'bailiff company"?

 

Brother been told he can appeal.

 

His old job has failed to do what they said - hard to prove but am considering lawful or legal action personally against those responsible at the old job.

 

Can I send a "Notice To Pay" with say 14 days to respond in substance to his old job or one of it's employees personally and then make them liable by estoppel if the fail to respond?

 

Should he stop using a civil title "Mr" and have this dealt with under common law?

 

"stinking sinking ship" springs to mind.

 

any other advice?

[feefibrokefun]

He ticked a random box on the "out of time witness statement" hoping to buy some time.

 

None of the boxes applied to him and he said this to a court worker who could not help.

 

Vehicle is worth c. £3000.

 

Marston Group is bailiff company.

[feefibrokefun]

Hi all

 

My brother has had his vehicle taken by bailiffs and they want £2000.

 

They had no right to take it as it was for "YOUR USE PERSONALLY IN THE COURSE OF YOUR BUSINESS OR VOCATION"

 

The background to this - "Truck Taken, Trespassing Parking warden £1100 wanted" in "Traffic Offences" forum.

 

consumeractiongroup.co.uk/forum/showthread.php?311148-Truck-Taken-Trespassing-Parking-warden-%A31100-wanted(1-Viewing)-nbsp

 

3 Questions: -

 

• What law specifically have the bailiff company broken?
  
  
• How can I word a notice asking them to cancel the debt, return the vehicle and "F*** O**"! ?
  
  
• Should the notice be headed "Notice to Pay" "Notice of Intent", etc?
  
  

 

I am hoping bailiff company (Marston) or council who gave him the ticket are too busy to reply and we will acquire an estoppel.

 

Thanks in advance

[fork-it]

1. You pay the demand using a credit card

 

2. You recover the vehicle

 

3. You look for any unlawful bailiffs fee charged.

 

4. You recover your money via your credit card company under Section 75 of the Consumer Credit Act 1974 because the merchant (bailiff) made a false representation about his fees to coerce you to make over a credit money transfer.

[lamma]

"He ticked a random box on the "out of time witness statement" hoping to buy some time." His final and fatal mistake. This could have gone the other way if he had not been random. An expensive lesson for him.

[dx100uk]

two threads merged

please keep to one thread per issue

 

dx

[tomtubby]

[QUOTE=fork-it;3480085]1. You pay the demand using a credit card

 

2. You recover the vehicle

 

3. You look for any unlawful bailiffs fee charged.

 

4. You recover your money via your credit card company under Section 75 of the Consumer Credit Act 1974 because the merchant (bailiff) made a false representation about his fees to coerce you to make over a credit money transfer.[/QUOTE]

 

It would appear that there are so many claims being made against credit card providers on this basis and all that I am seeing is constant REFUSALS from the card providers.

[tomtubby]

On Monday can your brother call the Traffic Enforcement Centre to ask them to confirm the date that they authorised the warrant of execution. This is VERY important indeed. Please post back once you have the answer.

[feefibrokefun]

Date of warrant of execution was 4th April 2011

 

He has 2 different amounts of money being requested: -

 

1. the court says £766

2. bailiff says slightly under £2000

 

He's been advised to fill out form N244 - we don't know what it is for can anyone advise?

[dx100uk]

under chargeback they CANNOT refuse!!

 

esp if its got visa on the card

 

dont let them get away with it.

 

dx