Away from home and returned today to 3 x Bailiff letters and a final Notice RE:PCN

[fightthefight]

Hi there, i'm new on here and although I have done some research regarding bailiffs I need some help in dealing with this matter. Recently my best friend committed suicide, I have been suffering depression and decided to get away from things by visiting a friend in wales.On my return I have 2 open letters from a personal bailiff and another from the bailiff company saying that I owe them nearly 400.00 for an unpaid PCN. I know not to let the bailiffs in, I have also put up a right to removal of implied access which was done as a panic prevention! I am completely unaware of the PCN in question as its from 2011...and believe I have only received it after changing my driving license for insurance purposes earlier this year. Bailiff company is saying they are coming back with a van however what im interested in is the correct steps to sort this out...If the PCN is in fact shown to me as proof I will pay it....Its the additional 300.00 that i begrudge paying and in fact have no means of paying as I am already in debt to the tune of 3000.00 and only work part time with a monthly income of 250.00 to pay everything. So, my questions are really how do i get the council to prove the alleged offence....How do I stop the bailiff adding more ridiculous fees and where do I go from here??

 

Many Thanks

[unclebulgaria67]

Ask for a copy of the PCN from whoever issued it and ask how it was notified to you originally. You may be able to appeal it.

 

If the bailiffs have included an email address, you should probably tell them of your circumstances and that you are vulnerable. Anyone with depression would be classed as vulnerable, so they have to allow for this. Tell them that you are in contact with the council about the PCN and ask them to allow a bit of time, for you to make enquiries with them.

 

The following link is worth reading.

 

http://www.consumeractiongroup.co.uk/forum/forumdisplay.php?168-Bailiffs-and-High-Court-Enforcement-Officers/#PT

[ploddertom]

Have you moved in the last year or so?

[Jamberson]

Do you know who issued it? Presumably your local council, but you need to find out. Soon as you can, contact them and find out where they were sending their correspondence to, and the date the PCN was issued. This will give you the basic facts to enable you to challenge the bailiff charges with a view to getting them revoked.

 

Once you have established where the council were writing, and when, then you can file an Out of Time Witness Statement, protesting the progression of the case without your knowledge. I can give you a link to download the forms - will post one here tomorrow.

[fightthefight]

Hi and thanks for your replys...well, its tricky because I think my post was going to an old address which was the address on my driving license and when i changed my driving license address for insurance purposes the DVLA have obviously passed on my current address hence why I probably haven't had any communication. Its from my local council yes but Ive heard they tend to not allow OOT for this type of matter. Should I write to them in the first instance to prove the PCN exists?

[Jamberson]

No, I wouldn't suggest writing - unless you want to wait maybe two weeks to find out!

 

Just phone them tomorrow morning. Confirm that the mail was not going to your home address at the time, and when you know that for sure, you can file a witness statement contesting the case. Also, note down the PCN number if you don't already have it.

 

These are the forms you need - TE7 and TE9 - ignore the TE3:

 

http://www.parkingappeals.co.uk/LinkClick.aspx?link=Documents%2Ftma2004%2FOrder+for+Recovery+TE3.doc.pdf&tabid=196&mid=2139

 

They might decide to reject your case, so be as clear and persuasive as you can. Give them dates, addresses etc on the TE7 (which is the form where you explain why the application is late) so there is absolutely no doubt what happened.

 

On the TE9, tick box 1 (Did not receive the Notice to Owner).

 

If they do refuse it, you can take things further, but one step at a time. Hopefully they will accept your case and revert things back for you.