PCN- Bailiff pressure. Submitted TE7/TE9 and worried it may be rejected **Won**

[shazbazz]

thanks !!!!....i know ! im so lucky!

[shazbazz]

im so glad i found this forum!

[tomtubby]

Just to keep everyone on the forum aware, a bailiff is NOT allowed to enforce a warrant if the debtor lives at an address that is not the one on the warrant.

 

However, the LA ARE permitted to apply to TEC for permission to AMEND the address and such applications may ONLY be made if the debtor's address had changed AFTER the date that the warrant had been issued. In that way it would rightly be assumed that the debtor would have received the Notice to Owner, Charge Certificate, Order for Recovery (and very lightly an initial letter from the bailiff).

 

If the debtor's address changed BEFORE the date of the warrant then clearly the debtor would not have been at that address and therefore would have been unable to respond to any statutory notices.

 

When the local authority apply to the Traffic Enforcement Centre for permission to amend the address they are required to sign a form certifying that the address for the debtor had changed after the date of the warrant.

 

In this particular case, Shazzbazz advised the LA in June 2012 that she had moved. The LA did NOT update their records and instead, applied for a warrant 5 months later knowing that she had moved.

 

If this was not serious enough, the LA then applied to TEC in November for permission to amend the warrant and in doing so, appear to have been less than truthful when signing the application to amend the warrant.

 

Very naughty indeed and formal complaints need to be made to the Traffic Enforcement Centre and the local authority.

[lamma]

This falls into the ambit of he LGO. For what it is worth I would put that on the pending list for use if needed after the Authority's complaints procedure has been exhausted.

[shazbazz]

Dear Tomtubby,

 

Regarding my V5 document. Ive been looking for an older one that shows my address details were different to the address on the warrant.......... When the new RED V5 documents began the DVLA sent the red ones out in sept 2012, so I would have received a new RED V5 to my current address, with my current address details in SEPT 2012, but because I sold my car in December 2012, i sent back this V5 back to the DVLA with the new registered details on it, therefore I no longer have the V5 document, which would have shown my address to be that of my current address before the date of the warrant, BEFORE it was issued on 7 Nov 2012. When I sold my car in December 2012, I sent off page 1 (1-8) back to the DVLA and gave the the other part ( 9-12) to the new owner, so I no longer have this document which would have proved that my V5 address was updated before the warrant was issued, but Im sure the DVLA will have a record of all the dates.

[shazbazz]

i went back to my old address today to collect my mail. The bailiffs had left at my old address an ATTENDANCE NOTICE in January 2013 with my old address on the letter. months later the bailiffs came to my current address in march 2013 with an ATTENDANCE NOTICE addressed to my current address, so ive got 2 differerent attendance notices from the bailffs, one addressed to my old address and one addressed to my current address.

[tomtubby]

I will post more on Monday....very interesting !!

[shazbazz]

I have received a letter from Northampton court which has REFUSED my out of time application. It says date order made and date order drawn ....11 April 2013, dont know what that means but I only receoved the letter today and it is the 15 April and im scared the bailiffs will visit me tommorow! Please post back as soon as you can to advice me what to do next. I guess I will need to complete an N244?

[shazbazz]

my out of time application TE7 has been refused

[tomtubby]

Have you received a copy of the Statement of Truth from the local authority. This will either have been sent to you by the LA or would have been attached to the refusal from CAG?

[shazbazz]

no a statement of truth has not been sent to me. A seperate generic letter has been attached to the refused order, explaining that the LA should have already served a responce to me, which in regards the Out of time, they have not reponded. I have been lliasing back and forth to the council manager regarding my Formal complaint, but NOT with regards my out of time application. . . what is a statement of truth

[shazbazz]

The letter attached explains I can pay a fee of either 80 or 45 pounds to apply for N244.

[tomtubby]

This is now becoming a common scenario and is very worrying indeed and in fact, a complaint concerning the failure to provide the respondent with a copy of the Statement of Truth was the subject of a complaint to the Parliamentary Ombudsman a short while ago.

 

You had submitted a witness statement (TE9) and with it a TE7 which is a separate form requesting permission to submit the TE9 LATE ( or more commonly...Out of Time).

 

TEC submit the TE7 and TE9 to the LA and the local authority are ONLY supposed to consider whether on your TE9 you had provided a GOOD ENOUGH REASON for sending the form LATE.

 

As you had moved address the REASON that you would have given would have been EXCELLENT and serious questions need to be raised as to WHY the local authority have seen fit to ask TEC to refuse to grant permission to file a witness statement LATE.

 

You have 14 days from the date of SERVICE upon you to file an N244 to "seek a review". In making such an application it is obvious that you should be able to know what had been written by the local authority in their Statement of Truth.

 

I will put together a suitable letter for the Traffic Enforcement Centre in the morning.

[shazbazz]

should i apply for the N244 with or without a hearing? without a hearing is 45 pounds or 80 pounds with a hearing. Can the N244 be emailed or posted to the TEC? I need to act quickly as I fear the Bailiffs will come to clamp/tow my car.

[Jamberson]

The case should still be on hold, as you are afforded a grace period in order to deal with the outcome of the case. Check with the local authority, but I think you have about 14 days.

[shazbazz]

on the rejection letter from TEC it says I have 14 days in which to file an n244 application, but i read on some forums that the bailiffs sometimes use this window of opportunity to come looking for blood

[shazbazz]

the rejection letter from the TEC says that any enforcement action may be re introduced by tht LA and that the TEC dont have any authority to stop this. . . i dont fancy my chances od getting any sence from the LA as all the members of staff i have already spokn to regarding this matter since June last year dont have a clue what they are doing. . . However I have been liaizing with the parking manager via email regarding my formal complaint to the LA so I could always send him an email to ask if I have a 14 day grace.

[tomtubby]

In my post number 43 I had mentioned that I had sent a PM to Shazbazz as I was concerned that the local authority had not dealt with this in the correct manner.

 

I am delighted to report that the Royal Borough of Windsor & Maidenhead have agreed to accept a payment of £82 from Shazbazz in settlemnt of this PCN and she will not now need to continue with her Out of Time witness statement to the Traffic Enforcement Centre.

[ploddertom]

Pleased to hear someone has finally turned on the lights and seen sense over this. About time more LA's followed suit. I'll amend the title to suit.

[tomtubby]

Thank you...

[wonkeydonkey]

Always a pleasure to see a happy ending, well done.

 

WD:-D

[shazbazz]

The dream came true for me thanks to TOMTUBBY! Thanks to Tomtubby the Royal Borough of Windsor and Maidenhead have agreed to let me make a final settlement of just 82 pounds! which is great as the Bailiffs were chasing me for 450 pounds!!!! Its all thanks to Tomtubby!! thankyou so much!!

 

I would like to make a special thankyou to TOMTUBBY for helping me!! Words cannot express how gratefull I am an how amazing the advice and work of Tomtubby is!!

 

I would like to thank everybody else on this wonderfull forum who took the time to give advice and help!! Everybody on this forum are so helpfull and are like a big family, very friendly and welcoming. When I was having problems with the baiiffs/council/TEC, there was no help attall and I felt like I was fighting a loosing battle until I joined this forum!!!! Thanks to the help of Tomtubby I no longer have a living nightmare!! thankyou to everyone else too on this forum who made me feel welcome and helped me every step of the way!! YOU ARE ALL GREAT GUYS!!!!!!!

 

It was the most scariest time of my life having bailiffs clamp my car and constantly harrass me and also very degrading as well. In the past I always thought Bailiffs were there to collect debts from people that dont pay there debts, but its not always as simple as that!! Everybody have different circumstances and a different story to tell, but the Bailiffs dont care and they just add on extortionate charges which are unreasonable!! Thank goodness for this forum and all the expert advice on here!!......I would advice anyone having problems with Bailiffs to join this forum.

 

Im gonna misss you all!!!....keep up the good work you are all doing!!

 

I will be eternally gratefull!!

 

Many thanks!!!!!

 

Shazzbazz

[tomtubby]

Your kind words are very greatly appreciated !!!! Thank you.

[esudcq]

Hi tomtubby

 

I have a similar problem to user shazbazz from this forum and really hope you can help me:

 

my thread is here please help!!

http://www.consumeractiongroup.co.uk/forum/showthread.php?475270-TE7-and-TE9-rejected-from-PCN

Edited March 1, 2017 by esudcq

[dx100uk]

thread closed/

 

 

dx