Jump to content


pierrejohn

Urgent Please Read - Car clamped today, Desperately need help with OOT form

style="text-align:center;"> Please note that this topic has not had any new posts for the last 2506 days.

If you are trying to post a different story then you should start your own new thread. Posting on this thread is likely to mean that you won't get the help and advice that you need.

If you are trying to post information which is relevant to the story in this thread then please flag it up to the site team and they will allow you to post.

Thank you

Recommended Posts

Please please help, I woke up this morning to find a notice of seizure from Marstons group posted through my door and my car has been clamped!!!

 

This is with reference to PCN's which were issued on the same day, one at 11:28 18/10/2009 and the other at 12:50 18/10/2009 by city of london, both of which now relating to a car I no longer own.

 

I contacted Northampton county Court/TEC earlier today to find out the details of the warrants. Apparently City Of London registered for enforcement on 09/03/2010 and issued the warrant on 29/08/12. According to the TEC the warrant is perfectly legal even though over 2 years has passed since the warrant was registered and enforced.

 

The TEC advised that I could fill in a TE7 & TE9 out of time declaration.

 

Before filling this form in I would like some advice as to how this form works and what declarations I need to tick as on further inspection I believe that there was no grounds to issue the tickets in the first place.

 

Please let me elaborate, On visiting (pcn.cityoflondon.gov.uk/legacy-3sc-user/ticketdetails.asp) which gives more details of the original PCN.

I have discovered that the first ticket issued at 11:28 on 18/10/2009 was issued on a completely different vehicle.. There are 4 pictures in the evidence section. 2 are of a red fiat punto (I have never driven nor owned a red fiat punt). 1 is just of a brick wall with a "smith fields, goods vehicles loading only" sign on it and the final picture is of the rear of MY car (a silver car).

 

The 2nd ticket which was issued at 12:50 has 3 pictures of evidence attached. 1st of the rear of my car (in exactly the same spot it was pictured in the 4th picture against ticket issued at 11:28, I had not moved my car) showing no illegel parking, no yellow lines, no goods vehicle only signs. The 2nd pic a close up of a ticket on a silver car and the 3rd picture a close up of a goods vehicle only sign on a brick wall.... this could be any brick wall anywhere..

 

 

I would like the opportunity to appeal as I believe I was not originally in the wrong for parking where I did and I believe that there is a massive level of incompetence on the wardens/councils behalf as they not only issued me two tickets within an hour and a half of each other but there own photographic evidence for the first ticket is predominantly for that of another vehicle.

 

How can I stop Martsons from removing my car??

Share this post


Link to post
Share on other sites

You stop them taking the car by removing the remaining three remaining wheels and put locking wheelnuts on to stop recovery-truck dolly wheels being used. If the levy on the car is invalid or there is no pre-exisitng levy on it at all, then you can take the car back and keep the clamp unless the bailiff shows a receipt proving he is the lawful owner of the clamp. If you damage the clamp then you must have "lawful reason" to do so make sure the levy is a pancake first or there is no pre-exisitng levy on the car.

Share this post


Link to post
Share on other sites

According to the TEC the warrant was against the vehicle I previously owned??

Will a TE7, TE9 Out Of Time declaration form stop bailiff action and make City of London look into my appeal?

Share this post


Link to post
Share on other sites

Will give you 2-3 weeks grace while it is processed

 

The local authority in the mean time should order the clamp be removed as they have to suspend enforcement action while the OOT is heard!


IVA Entry Removed

Nationwide Default Removed

Nationwide Joint Account Default Removed

Natwest Default Removed

Blackhorse Car Finance Court Claim - Won

Share this post


Link to post
Share on other sites

 

The local authority in the mean time should order the clamp be removed as they have to suspend enforcement action while the OOT is heard!

 

Usually they will not until the result is known.


Please consider making a small donation to help keep this site running

 

[sIGPIC][/sIGPIC]

 

Share this post


Link to post
Share on other sites

Enforcement action has to be put on hold due to the fact the OOT statement my be upheld therefore they may well have never had any rights to issue collection in the first place


IVA Entry Removed

Nationwide Default Removed

Nationwide Joint Account Default Removed

Natwest Default Removed

Blackhorse Car Finance Court Claim - Won

Share this post


Link to post
Share on other sites
Enforcement action has to be put on hold due to the fact the OOT statement my be upheld therefore they may well have never had any rights to issue collection in the first place

 

It is on hold as the car cannot be removed. A better question to ask is what Rule/Regulation allows them to clamp it in the first place.


Please consider making a small donation to help keep this site running

 

[sIGPIC][/sIGPIC]

 

Share this post


Link to post
Share on other sites

Should I state on the Out Of Time witness statement a brief reason for appeal?

Share this post


Link to post
Share on other sites

Yes you need to state why you are appealing

 

And I agree with that Tom I do not believe it states anywhere they can clamp and charge for the privelage


IVA Entry Removed

Nationwide Default Removed

Nationwide Joint Account Default Removed

Natwest Default Removed

Blackhorse Car Finance Court Claim - Won

Share this post


Link to post
Share on other sites

As i'm a new user I cannot post links to images. Please have a look at the photographic evidence COL has against me.

 

 

This is the evidence against the 1st ticket issued 11:28 on Sunday 18/10/2009

 

No idea who's car this is.. //i50.tinypic.com/neb0va.jpg

 

Close up of ticket on someone's car.. //i46.tinypic.com/2q8zh49.jpg[/img]

 

Loading sign on some random wall.. //i47.tinypic.com/b9d6jr.jpg[/img]

 

My Car.. //i45.tinypic.com/iqf134.jpg[/img]

 

 

Evidence for 2nd ticket issued at 12:50 on Sunday 18/10/2009

 

My car, no evidence of prohibited parking.. //i46.tinypic.com/w7m0k7.jpg[/img]

 

//i47.tinypic.com/20k21bn.jpg[/img]

 

//i50.tinypic.com/2rnuesk.jpg[/img]

Share this post


Link to post
Share on other sites

I knew nothing about the penalty charges until today, the Notice of Seizure posted through my door had 2 PCN references. A few weeks prior to this I had a Removal Notice from Marstons dated 14/11/12 but there was no reference as to what this was for. Would this mean I should qualify for an extension?

Share this post


Link to post
Share on other sites

Did the Bailiff leave

a memorandum in Form 7 identifying the bailiff and specifying in an Inventory the goods distrained on and setting out the amounts for which the distress is levied and the fees, charges and expenses authorised by these Rules and being actually and necessarily incurred under them.
Odds are they didn't as overcharging is rife. You need to get the OOT correct or it will be refused Court Officer Signing * File check to be completed when processing the initial Rejected Response. File contents: Rejected Response from LA (including any statements) Stat Dec / Witness Statement OOT application Any attachments from the respondent Purpose – to grant / refuse permission for the respondent to file their stat dec / witness statement late. You are not looking for anything else e.g. whether the penalty charge is valid etc. ------------------------------------------------------------------------------------------------------- Begin by reading the respondent’s reason on the OOT for not responding within the time limit. Tip: If they do not answer the question (they refer to the original contravention only or write about payments made etc), refuse the application. Tip: If the respondent has provided a valid reason why they could not make the deadline and were unable to apply for a time extension and they provide proof (holiday tickets / hospital letter etc), grant the application. If the respondent has provided a valid reason why they could not make the deadline and were unable to apply for a time extension, but you are still unsure of their reasons (no proof enclosed), read the statement provided by the LA to make the decision. Tip: If the LA do not send a full statement but simply advise they reject the application, automatically grant the application. If the respondent states that they moved addresses, check the system details for the date of the move …. Tip: If the respondent has stated in their OOT that they have moved address before the notice to owner (NTO) was served or provided dates of when they moved so we can see the NTO was not served, the COO should be accepted. If the LA state in their rejection that they obtained the address from the DVLA but the respondent moved before NTO, the COO would still be accepted. If they have only stated that they moved address and have provided no details, the COO would be refused. If the respondent admits that they did not notify the DVLA of their address change, the COO would be refused

Share this post


Link to post
Share on other sites

May I correct a few errors on the posts.

 

I am not too sure that I agree with TEC that these PCN's can be enforced. I could be wrong but I will need to have a read through of a judgment from PATAS in the case of Davis ( unreasonable delay)

 

Can you contact the LA in the morning and obtain the following info:

 

What date was the contravention

 

What date was the NTO

 

Date of Charge Certificate

 

Date of Order for Recovery and finally, date that the warrant was authorised.

 

Call TEC and ask them for the precise address on the warrant. If they provide your current address, ask if a re-issue request had been made and if so, what date.

 

You should only complete the OTT after you have obtained details of the original warrant address for TEC. Please post back as soon as you have called them. TEC open at 8.30. Their number is 08457 045 007

Share this post


Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...