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Hello Everyone

 

I am in so much distress that I am shaking whilst writing this.

 

A bailiff from Marston caught me outside my car today as I was about to head off to town, he said I needed to pay him £500 right on the spot, otherwise if he comes back some other time, the charge will go up to £600 ! In shock I handed him my card, and he took the details, but I explained to him that I have no money on the card at the moment, he said it was OK, he will try to get payment from the card this coming Friday (12 Jan 13).

 

He said if payment was not made, he will tow my car away !

 

Background: In June 2012 I went down to London from West Yorkshire (where I live) to attend a party, as I approached the parking ticket machine, the traffic man (guy who checks cars to make sure all have tickets .. etc) pointed at a sign and said don't worry about it, you don't need a ticket.

 

I can not recall the exact wording on the sign, but I know it had the two words "ticket" and "suspended". So I listened to the traffic man, and went into the party.

 

After the park there was no ticket on my car, but at least two cars of people that attended did have tickets on them ! In November 12 I take my car to the mechanic, he opens up the bonnet and see a parking fine, he showed it to me, but I ignored it :(

 

That is it as far as the background is concerned, I have had no letters, nothing from anyone regarding this matter.

 

Yet today, I get the intimidating bailiff at my door.

 

In an ideal world , I think it would be fair that I do not pay anything, since I was told by the traffic man not to get a ticket, but I realise that they won't buy that story, since I have no video footage of the conversation, nor do I have the name / ID of the traffic man.

 

So I am willing to pay the original £80, but I do not want to pay £500, and honestly don't have such money at this point of time, I am really struggling with house bills

 

Any help and advice would be greatly appreciated.

 

Thank You.

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When was the last time you moved address?


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The reason for asking is that as you appear not to have received any follow up correspondence between getting a parking ticket and a bailiff visit, it is possible that you had recently

moved.

You should have been sent several letters prior to the bailiff. It would be possible that one or two might not have been delivered but none at all would be difficult to be believed in a

Court of Law for instance. The thing is that as you have received no notices since the ticket, you are entitled to complete forms to say that you did not receive the NTO for example

and the Council would then send you a new NTO and you would be required to pay that sum rather than the Bailiffs fees.

 

Can you think of any reason therefore why you have not received any notices in the interim period? Maybe your car is registered at a different address or a different registered keeper?

Failing that, check with the Council to see what address they sent the subsequent notices too.

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Ah I see. What are the forms that I need to fill in for not receiving the NTO? Also, what council do I send the form to? I know my local council, but don't know the one in London. Does the whole of London have one council?

 

The party we visited in London was in Hammersmith.

 

Thanks

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The forms you need are the TE 7 and TE 9 which are available 0nline from the TEC.

You will need the PCN number to complete the forms [bailiffs might supply especially if you DON'T tell them that you are going down the TEC route]. Each London Borough issues its own tickets

but TFL also does for most of London just to complicate matters.

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If you have the PCN number you should ring the Traffic Enforcement Centre and ask the exact address they have on the Warrant and if it has been amended.


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I have downloaded a TE9 form and printed it. I notice it says stuff about Witnesses. Am I suppose to put my details down for that? My daughter was with me when we went to the party, she's over 18. Will she count?

 

I am confused about these forms, even the TE7 has section about witness !

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If you have the PCN number you should ring the Traffic Enforcement Centre and ask the exact address they have on the Warrant and if it has been amended.

 

Indeed, do it now.

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Sorry, forgot to mention, they have the right address !

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I have downloaded a TE9 form and printed it. I notice it says stuff about Witnesses. Am I suppose to put my details down for that? My daughter was with me when we went to the party, she's over 18. Will she count?

 

I am confused about these forms, even the TE7 has section about witness !

 

You are the witness. Put your details and tick box 1. Is there a reason why you would not have received the Notice to Owner and subsequent letters, because they will want to know.

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If there is, I am not aware what it would be :|

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If I were you I would find out exactly what address the council was writing to about this PCN. You can phone them and ask. If they were writing to your correct address, you would have to convince the person who looks at your case that you did not receive a correctly addressed Notice to Owner, Charge Certificate and Order for Recovery. Assuming the council had none of these returned undelivered, you can see the problem - and if they don't believe you, they will almost certainly refuse your application.

 

It's worth finding out from them - they do sometimes get addresses wrong, then the bailiff does some digging and finds the right one and is on to you.

 

And it's worth a go anyway - but much better if you can explain why the post would not have got to you though.

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