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the story so far:

 

in april 2011 i got a pcn while sitting in the car, decided not to pick it up ( I know - a bit stupid but the parking attendant really... was really annoying ;) )

 

about a month or two ago i got a order for recovery of unpaid penalty charge, tried downloading the TE9 form from website but couldn't, so I e-mailed them, we exchanged about 5 e-mails,

the form they sent me was a pdf file to which I wasn't able to make any changes so in the end I just sent the paper copy that I received with the order for recovery, and waited for the NtO.

 

on saturday, I got a letter from Collect Services Limited (the letter was delivered to the wrong address at first so it took a while for it to get to me) asking for 110 pounds, e-mailed them on the same day explaining the situation and today bailiff poped around, and left his phone number written down and the money owed now according to him is over 200 pounds...

I figured I might as well call him to explain what is going on but he wasn't really willing to help...

 

so what do I do ?? he's threatening to take the car - I fail to see where I went wrong so I'm not really keen on the idea of paying them over 200 pounds...

 

Thanks for help ;)

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WHat happened to your TE9? Did Northampton County Court receive it, and if so, what did they do?

 

no idea, I even e-mailed them couple weeks ago asking how long will I have to wait for a NtO and they just said its up to local authority...

 

I was just doing some reading on out of time statutory declarations and I'm not sure if I should do it if I already sent the original TE9 ??? btw it's a bit of a pain to get it signed by someone in court, would have to take some time off work.

 

should I just pay the bailiff to make sure that the car is safe and after getting it all sorted out claim the money back? or will it be a battle that I could not win?

Edited by AdoTornado
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no idea, I even e-mailed them couple weeks ago asking how long will I have to wait for a NtO and they just said its up to local authority...

 

You really need to find out what happened their end. You can phone them and they'll tell you what they have on record. If they've made an error processing it, this could be your way out. In any case, you need to know.

 

I was just doing some reading on out of time statutory declarations and I'm not sure if I should do it if I already sent the original TE9 ???

 

It's an option. Your hand is much weaker now though. The original one was "in time" and would normally be accepted. Now it would be "out of time" and these are routinely contested as the local authority have a choice whether to accept them. This is why the issue over your original submission is important.

 

btw it's a bit of a pain to get it signed by someone in court, would have to take some time off work.

 

You can file a Witness Statement instead, which doen't require you to go down the court. It's much the same.

 

should I just pay the bailiff to make sure that the car is safe and after getting it all sorted out claim the money back? or will it be a battle that I could not win?

 

You'll never get your money back if you do that!

 

Can you find out from Northampton what happened, and let us know?

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Can you find out from Northampton what happened, and let us know?

 

looking for phone number now, I'm assuming that the offices will be closed at this time but will contact them tomorrow,

Does Interpretation Act apply in this situation? According to the interpretations act if I am suppoused to send the TE9 form by post and I do so, legally the document is deemed served in the normal course of post, is that correct? or am I missing something? neither the bailiff company or TEC replied to my e-mails asking for clarification and explanation on what is going on...

Can I just notify the bailiff company that the account is in dispute and pending resolution I will not accept any charges??

would paying the amount of the original PCN straight away on the automated service help in any way?? I mean the councils phone number and just paying the ticket over the phone with debit card...

 

how do I file the witness statement ? isn't that what TE9 was called?

 

Thanks for advice

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Does Interpretation Act apply in this situation? According to the interpretations act if I am suppoused to send the TE9 form by post and I do so, legally the document is deemed served in the normal course of post, is that correct? or am I missing something?

 

I don't know about that Act. I would think you'd need proof that you specifically posted that document, which I presume you don't have. First of all though is the question of whether they received anything, and what went wrong.

 

Can I just notify the bailiff company that the account is in dispute and pending resolution I will not accept any charges??

 

Alas no. The bailiffs will only back off on instruction from the council, who in turn will only tell them to back off if Northampton County Court tell them that you've filed a statutory declaration/witness statement. Sometimes the bailiff will agree to wait for a short while if they believe you are in the process of filing the forms, but it's only as an act of good will - they don't have to.

 

would paying the amount of the original PCN straight away on the automated service help in any way?? I mean the councils phone number and just paying the ticket over the phone with debit card...

 

No, wouldn't help at all. They probably wouldn't accept it anyway, but even if they did the bailiff would still be after the remainder.

 

how do I file the witness statement ? isn't that what TE9 was called?

 

Yes it is. You don't need to go down the court though - it's the statutory declaration option which needs a counter signature. A witness statement doesn't, so you won't need time off and yes it is a TE9.

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