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    • Thank-you dx for your feedback. That is the reason I posted my opinion, because I am trying to learn more and this is one of the ways to learn, by posting my opinions and if I am incorrect then being advised of the reasons I am incorrect. I am not sure if you have educated me on the points in my post that would be incorrect. However, you are correct on one point, I shall refrain from posting on any other thread other than my own going forward and if you think my post here is unhelpful, misleading or in any other way inappropriate, then please do feel obliged to delete it but educate me on the reason why. To help my learning process, it would be helpful to know what I got wrong other than it goes against established advice considering the outcome of a recent court case that seemed to suggest it was dismissed due to an appeal not being made at the first stage. Thank-you.  
    • you can have your humble opinion.... You are very new to all this private parking speculative invoice game you have very quickly taken it upon yourself to be all over this forum, now to the extent of moving away from your initial thread with your own issue that you knew little about handling to littering the forum and posting on numerous established and existing threads, where advice has already been given or a conclusion has already resulted, with your theories conclusions and observations which of course are very welcomed. BUT... in some instances, like this one...you dont quite match the advice that the forum and it's members have gathered over a very long consensual period given in a tried and trusted consistent mannered thoughtful approach. one could even call it forum hi-jacking and that is becoming somewhat worrying . dx
    • Yeah, sorry, that's what I meant .... I said DCBL because I was reading a few threads about them discontinuing claims and getting spanked in court! Meant  YOU  Highview !!!  🖕 The more I read this forum and the more I engage with it's incredible users, the more I learn and the more my knowledge expands. If my case gets to court, the Judge will dismiss it after I utter my first sentence, and you DCBL and Highview don't even know why .... OMG! .... So excited to get to court!
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    • Yep, I read that and thought about trying to find out what the consideration and grace period is at Riverside but not sure I can. I know they say "You must tell us the specific consideration/grace period at a site if our compliance team or our agents ask what it is"  but I doubt they would disclose it to the public, maybe I should have asked in my CPR 31.14 letter? Yes, I think I can get rid of 5 minutes. I am also going to include a point about BPA CoP: 13.2 The reference to a consideration period in 13.1 shall not apply where a parking event takes place. I think that is Deception .... They giveth with one hand and taketh away with the other! One other point to note, the more I read, the more I study, the more proficient I feel I am becoming in this area. Make no mistake DBCL if you are reading this, when I win in court, if I have the grounds to make any claims against you, such as breach of GDPR, I shall be doing so.
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bailiffs returning council parking but disaibility (no badge)


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mental health appeal, son used my car and now bailiffs arrived wanting nearly 500 pounds, i am a carer, i appealed heard nothing for years, now this??? they are coming to take my stuff- is there anything i can do now, dont have the money to pay it either.

'rise like lions after slumber, in unvanquishable number, shake your chains to the earth like dew, which in sleep had fall'n on you, ye are many, they are few.' Percy Byshse Shelly 1819

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Hi, and thanks for replying -

 

received

a)the notice, i appealed it, heard nothing for ages, then heard from The Traffic Enforecement Centre who acknowledged my witness statement. (last July) then heard nothing

b) not sure

c) not sure

 

not sure what others look like? 'offence' was in 2011.

'rise like lions after slumber, in unvanquishable number, shake your chains to the earth like dew, which in sleep had fall'n on you, ye are many, they are few.' Percy Byshse Shelly 1819

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from Northampton County Court

'this order does NOT cancel theoriginal Penalty Charge Notice. the local authority may well take further action on it. the local authority should inofrm you as soon as possible if it intends to do so' (july 2012)

 

do i need an N244 as the bailiff has a warrant issued byNorthampton County Court?

 

the above also states

'the respondent filed a statutory declaration/witness statemnent 10 Jul 12, (i actually wrote to appeal before then also!). It is ordered that the order for recovery of upaid penalty charge be revoked. it is further ordered that the charge certificate be cancelled.

 

???

so i thought it was cancelled???

Edited by maybelline

'rise like lions after slumber, in unvanquishable number, shake your chains to the earth like dew, which in sleep had fall'n on you, ye are many, they are few.' Percy Byshse Shelly 1819

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the notfication of july 2012 said

'the respondent filed a statutory declaration/witness statemnent on 10 jul 12. it is ordered that the order for recovery of unpaid penalt charge be revoke. it is further ordered that the charge certificate be cancelled.'

'rise like lions after slumber, in unvanquishable number, shake your chains to the earth like dew, which in sleep had fall'n on you, ye are many, they are few.' Percy Byshse Shelly 1819

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hi -

 

yes same address, car was scrapped after that due to mental health concerns and reasons i provided for its usage to council by son.

'rise like lions after slumber, in unvanquishable number, shake your chains to the earth like dew, which in sleep had fall'n on you, ye are many, they are few.' Percy Byshse Shelly 1819

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i am sorry it is all so confusing, i will of course get copies of items i may have missed (for personal reasons) but in the meantime i need to be able to stop the bailiff entering my home tomorrow and taking possessions.

'rise like lions after slumber, in unvanquishable number, shake your chains to the earth like dew, which in sleep had fall'n on you, ye are many, they are few.' Percy Byshse Shelly 1819

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I think you need to phone parking services at the council and find out if they have issued a new NtO and if so when.

 

If they have file a new Witness statement at TEC: 0300 123 1059. they will tell you which form you need and email it to you which you can email back.

 

Then phone the bailiff and tell him you've filed a statement, which should put his actions on hold.

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Hi and thanks for responses -

to jamberson - no found letter when came home, states will be back tomorrow and have a warrant.

 

Michael Browne - thanks i will do so. i have not seen new NTO, i have found my copy TE9 from last year. i ticked the

'Made representations about the peanlty charge to the enforcing authority concerned within 28 days of the service of the NTO but did not receive a rejection notice.'

'rise like lions after slumber, in unvanquishable number, shake your chains to the earth like dew, which in sleep had fall'n on you, ye are many, they are few.' Percy Byshse Shelly 1819

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Hi - green and mean

are the six letters you mention, letters that would be issued by the council, the court or both?

so i should have received six, right? i will cal them and check it out, thanks.

'rise like lions after slumber, in unvanquishable number, shake your chains to the earth like dew, which in sleep had fall'n on you, ye are many, they are few.' Percy Byshse Shelly 1819

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You really need to confirm the address used with the Council its beyond belief the postman would lose 6 letters from the Council spread over 2 years, I would also check the address on the warrant.

 

Presumably, in order to submit a witness statement (that a Notice of Rejection was not recieved) she must have had the first Notice to Owner, the Charge Certificate and Order for Recovery. So really the only thing not received is the second NtO

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Presumably, in order to submit a witness statement (that a Notice of Rejection was not recieved) she must have had the first Notice to Owner, the Charge Certificate and Order for Recovery. So really the only thing not received is the second NtO

 

the first reply to reps disappeared, as did the second nto, the second charge certificate and the second order for recovery, plus the stat dec may have been made after contact from the baliffs before we still do not know whats been received. The OP says they appealed heard nothing and then got a letter accepting a stat dec but doesn't even mention sending one??

Edited by green_and_mean
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That's why there is an "out of time" provision with stat decs, in case people don't receive the earlier paperwork. It is very unlikely nothing at all would arrive - twice - unless the address is wrong, and this factor will likely determine the outcome of the new application. No-one will believe it, if the address is correct.

 

@maybelline - if they have never entered the property, they cannot force entry now. If they do show up, do not open the door whatever they say to you, and make sure the car is out of their sight so they can't clamp it. They will just have to go away.

 

Get your stat dec in as soon as you can - they are not obliged to suspend enforcement until TEC advise the council that they have received it, so you may need to be careful for a few days.

 

Meantime, can you get to the bottom of the address issue? Where was all the correspondence going? The council can tell you.

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According to post 7, the car has been scrapped.

 

Please Note

 

The advice I offer will be based on the information given by the person needing it. All my advice is based on my experiences and knowledge gained in working in the motor and passenger transport industries in various capacities. Although my advice will always be sincere, it should be used as guidence only.

 

I would always urge to seek face to face professional advice for clarification prior to taking any action.

 

Please click my reputation 'star' button at the bottom of my profile window on the left if you found my advice useful.

 

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