Please help car towed by baillif for parking fine

[thinkpositivo]

Please help guys,

 

bailiffs came by today and towed my car,

based on a parking contravention in May 2010.

 

Apparently they wrote to me in August with a NOTICE TO OWNER - I did not receive anything.

 

I moved after I received the penalty notice, I sent an e-mail to the parking people concerned and e-mailed them an informal represention,

I put at the end of the email in May2010 that I am moving and to contact me at new address or email me.

They emailed me back and said thank you for your email we have a back log but will contact you with a decision soon.That was in MAY, I never heard anything from them,

 

I called back on the 13th day just to make sure they are dealing with my ticket and not going to take it up.

The lady I spoke to said so sorry we are inundated just hold tight and wait, there is nothing we can do, we will get back to you.

She assured me it was on hold.

 

In June I though thats enough time they still have not replied?

I sent another e-mail AND WROTE TO THEM!

No reply!

 

End of JUNE I called them

they said sorry no decision as yet, please wait for the NOTICE TO OWNER INSTEAD, then you can formally appeal it or pay the amount requested.

I said well how long before you send the NTO

- Council lady said not sure due to the back log!

 

During this time I had informed DVLA of my change of address,

changed the log book into new address.

 

TODAY I GOT CLAMPED AND TOWED!!!

 

I called them and they are saying we wrote to you!

 

I asked which address and they wrote to the address I already informed them I was no longer at!

But then another woman in the council parking dept.

said they did write to the new address..

so one of them is incorrect....

strangely I did not receive any NTO!!!

WHAT SHALL I DO??????????

 

PLEASE HELP ME.

WILL THEY SELL MY CAR?

AS I HAVE BEEN INFORMED IT CAN TAKE UPTO 6 WEEKS TO DEAL WITH THIS

 

THANK YOU.

[ims21]

Thread moved

[Jamberson]

This isn't going to be straight-forward to resolve. I think your first course of action should be to file an Out of Time Statutory Declaration/Witness Statement. This is a formal challenge to the bailiff warrant, which you can do on the basis that you did not receive the correspondence.

 

If you call Northampton County Court (0845 704 5007) they will send you the forms - make sure you get forms for the Out of Time witness statement. Ask here if there's anything you are not sure about. Make sure on the forms you emphasise and explain crystal-clear about the house move and the dates.

 

You might be able to find the forms on their website, which would be quicker, but they keep moving them!

 

Once you file these, that should put everything on hold. If you are successful, then the bailiff warrant is revoked and you should get your car back. You'll still have the original PCN to deal with, but first things first.

[thinkpositivo]

Thanks Jamberson, I filed the Out of time forms, the council said they have upto 28days to either accept or appose the out of time is this correct? I am astounded to say the least.

[Jamberson]

Yes, that's correct. It's impossible to predict what the council will do, but if they reject the forms, that's not the end of the matter - you can contest further. At the very least, it should put things on hold for the moment.

 

Let us know what happens.

[lamma]

19 working days