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maybelline

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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Have you received:

a) The Notice to Owner,

b) the Charge Certificate

c) The Order for Recovery

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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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Ok where a witness statement has been accepted, this sets the process back to the NtO stage and the council will issue a new NtO.

I'm assuming you haven't received a new NtO since then?

Are you still living at the same address as July 2012?

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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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Just seen your post 6...

 

You will presumably have been issued a second NTO. Did you receive it?

 

If not, was it sent to your correct address? If you did receive it, did you respond?

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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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Has he said he is definitely coming tomorrow?

 

Has he ever been allowed into the house before (even just a foot inside)?

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They rarely take goods for parking tickets its not worth the hassle the car is the usual target just make sure its not parked where they can find it.

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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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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.

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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.


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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