Parking ticket - over 2 years ago!

[Seagull]

I'm a first-time poster, trying to find some help for my daughter. She's a separated Mum with two young boys under 10, so obviously extremely strapped for cash. Just over a year ago, she had a bailiff's letter, completely out of the blue, saying they wanted to collect a payment in excess of £250. When she queried it, she was told that a parking ticket had been issued by Plymouth City Council for being 'over time' in a local car park ... over a year earlier!

 

This was news to her, as she had never found a ticket on her car - she's honest enough to have told me if she'd had one, as we could've easily paid the £30 at the time. Neither had she ever received a communication of any kind regarding this ticket, so the bailiff's letter was a total shock to her.

 

She went to the Courts and filled in some kind of form (not sure what it was) on which, I think, she was able to state her case, and was told that things would be sorted out. That was over a year ago, and she has heard nothing more about it ... until now.

 

She has started receiving bailiff's letters again! As before, more than one of these letters say that home visits have been made in order to seize her car or her belongings, but we know that isn't true. However, as she lives alone with her two youngsters, she is fearful of what might happen (through no fault of her own) and we really don't know what to do next.

 

We have contacted both Plymouth City Council and the bailiffs, but no-one is willing or able to furnish us with tangible proof that the parking ticket was ever issued in the first place (over 2 years ago now). Each of them tells us we should speak to the other, and will say nothing more.

 

Please could someone help?

 

Many thanks (and apologies for the long post!).

[Guest ian cognito]

Contact the cooucil again and tell them you are disputing this ticket and that they are required to provide evidence of the ticket. Then contact the Bailiff and tell them the matter is in dispute and they must refer back to the council, they cannot act while the matter is in dispute. If the Council have any sense, that should be an end to the matter.

[Seagull]

Janquinny, many thanks for your reply. Although we've tried this already, I'm going to give it another go, this time with a firmly-worded letter, and a copy to the Bailiff. When we phoned the Council to ask about the original ticket, we were told that the matter was now in the hands of the Bailiff. I replied that "...the matter must have originated with the Council, so where are the records?", but no information was forthcoming and I just kept getting referred back to the Bailiff. When we phoned the Bailiff, we were told that they were just interested in getting the money on behalf of the Council, and didn't have the original records!

 

I'll get the letter done today, and will post here again if and when my daughter gets a response of any kind.

 

Thank you again for your reply, it is much appreciated, and good to be able to talk to sensible people about it!

 

Wendy

[rogerebaker]

something similar happened to my son last year.

 

A notice arrived from the council stating unless he paid £90 the matter was being referred to the bailieff and registered as a civil debt.

 

The fact that he received the ticket was not in dispute but he had not received any communication notice to owner etc etc

 

I contacted Northampton county court where the debts are registered and they informed me that when it is regestered they send a form to the registered keeper who can then attend any court and dispute the facts. One of the grounds for dispute is that no Notice to owner was received.

 

If the court agrees then the council have to start from the NTO stage again.

 

Perhaps thats what your daughter did when she went to a court.

 

I would write to the council and officially ask to see

 

Copy of ticket

 

Photo of it on her car

 

Copy of Notice to owner

 

Copy of charge certificate

 

Dont give up you will win in the end. I have just had two tickets cancelled after a long battle and lots of threats

 

There are some great forums on the web on this subject most of the links are on this thread

http://www.consumeractiongroup.co.uk/forum/general-consumer-issues/5232-your-parking-ticket-may-14.html#post295186

[Seagull]

Well, daughter and I have progressed, allbeit just a little bit!

 

Part 1: We composed a 'firm but polite' letter to the Council, explaining (again) my daughter's side of the story, and confirming that she had no knowledge of any parking ticket ever having been placed on her car. We also confirmed that no communication of any kind had ever been received from the parking people, the Courts, or the Council themselves, prior to the first of the bailiff's letters arriving.

 

Part 2: In the same letter, we made a formal complaint against the bailiffs, due to their methods of sending letters saying they had visited, when in fact they hadn't. Nor had they ever left any hand-delivered notices. (It sounds as if they're trying to claim fees for non-existant home visits, doesn't it!). We then added that as the bailiffs were their chosen representatives, we could only assume that the Council condoned these actions. A formal complaint was also sent to the ESA, with copies of the 'visit' letters, etc.

 

Latest result: Daughter has received a letter from the Council. (Wahey - life exists in the undergrowth!) They have noted all she said and, as a result, have instigated an investigation into the matter. Things are therefore 'on hold' whilst enquiries etc are ongoing. Daughter will be informed of any decisions, in due course.

 

Comments: My daughter still hasn't received any kind of tangible proof of the original ticket being issued or placed on her car. We still don't know what the outcome will be, but I'm in 'bulldog' mode now, and determined that my daughter will be treated justly and fairly. With regard to the bailiffs, we have already written to their head office, informing them that not only is the matter 'in dispute', but also that an official complaint has been made against them to the ESA. Guess what? Daughter received another 'visit' letter yesterday, saying that they'd remove stuff even if she wasn't in attendance! Naughty naughty, they shouldn't have done that if they knew there was a dispute or complaint ... should they? I assume that if they do decide to turn up now, daughter can tell them to 'go away' because of the dispute/complaint?

 

Anyway, that's the latest, and I'll post again when there's any more news.

 

Very many thanks to all for your interest and support, it means a lot to me and my daughter.

 

Wendy

[Guest ian cognito]

They can't come and remove goods without her in attendance whether there is a dispute or not but they should not be making any contact at all when the matter is in dispute, soounds like they're not learning much.

 

I suspect the council will just write to you and say they are dropping the matter - less hassle that way and my experience in the past.

 

God luck, let us know what happens.

[Seagull]

Hello Janquinny

 

Many thanks for your reply.

They can't come and remove goods without her in attendance whether there is a dispute or not but they should not be making any contact at all when the matter is in dispute

That's what I thought.

 

They seem like a sus lot altogether really. Their head office is somewhere in the North of England, yet payments have to be made to a PO Box number in Kent. If I had to pay them, I certainly wouldn't be happy about sending money to a PO Box number (I don't think the 'signed for' service works with those), as there'd be no proof that it ever got there.

 

All the letters my daughter has received from them have been pre-printed ones, with a printed signature too. It gives the impression that it's just a couple of people sitting in a little office, surrounded by various piles of pre-printed letters which they send out at random intervals, and they always use 2nd class post, so the letters can sometimes take almost a week to arrive.

 

Then they top up their fees, claiming for visits which haven't happened.

 

Money for old rope really, isn't it! Maybe I'm in the wrong business ... perhaps I should start a bailiff service???

 

Yes, I'll post again as soon as there's any more news.

 

Wendy

[Guest HUSBANDKHAN]

What your daughter needs to do is phone the tec on 08457045007. where she will be able to find out the latest status of her case. this is the traffic enforcement centre at northampton. the one that would have issued the warrant that the bailiffs are currently trying to execute. also find out when the last warrant was issued. as a bailiff cannot execute one that is a year old and would need to reapply for one. also did your daughter file a late satutory dec saying she did not recieve the notice to owner. if not then she needs to tell the tec to send her a p2 and a p3 . when she recieved these forms she need to fill them in and take them to her local county/magistrates court and get them affidavited. then she needs to either post/fax/email them back to the tec who will issue a stop action order. the council will then have 14 days to reply. either they will accept the late stat dec or reject it. if they donot reply then it will automatically be reverted to a notice to owner and also you will recieve a revoking order from the tec. handy if the bailiffs turn up.also when was the penalty issued ? there may be a time limit. try and find this out by phoning the council without revealing your id. if in the meanwhile bailiffs do turn up. park your car as far away from your home as possible. when you go out lock all doors and windows including 2nd floor ones etc. as the bailiffs are allowed to squeeze in through open windows. also if the bailiffs arrive and yourdaughter is out and only the children are in if children a bailff must just walk away after making certain you are not in. alsoif a child appers to be 12 or over i think then they can ask for your whereabouts and leave you a letter(sealed and they must not disclose their buisiness to anybody) If your daughters doorbell goes and she is not expecting anybody approach with extrem caution and any doubt call the police. As she is female a female officer will be sent just to keep the peace. also a chain would be helpful on her front door. if the bailifss turn up do not let them into the house whatever you do. any excuses like using the toilet etc. ignore big time. i hope that i have helped you . A bit long winded etc. please click the scales on the top to show your appreciation

[Guest HUSBANDKHAN]

is the company a r****** and co ?