newlyn Enforcement of Road Traffic Debts - Newlyn***Appeal Successful***

[Jamberson]

Why don't you post something on the bailiff section, here: http://www.consumeractiongroup.co.uk/forum/forumdisplay.php?168-Enforcement-Agents-%28Bailiffs-amp-High-Court-Enforcement-Officers%29

 

People on there will know more about the process.

[This_is_not_great]

You can always file some more forms if you want.

 

Hello Jamberson,

Hope you're well. What do you mean by this?

more of the same TE9 & 7 forms?

[Jamberson]

Yes, but post on the bailiff forum for better advice.

[This_is_not_great]

Update:

 

Called the council. They said they have now contacted TEC and are waiting for TEC's response.

 

I guess I'll check with TEC next week.

 

Unless there's a better suggestion?

[This_is_not_great]

Yes, but post on the bailiff forum for better advice.

 

OK will do.

[This_is_not_great]

Hello everyone,

 

I'm seeking some advice on bailiffs and the process.

Long story short, I have 11 parking tickets I knew nothing about because of the sale of the car and moving around the same time.

(for full details: http://www.consumeractiongroup.co.uk/forum/showthread.php?426909-Enforcement-of-Road-Traffic-Debts-Newlyn)

 

In any case, I filed TE9 & 7 forms as advised and the pertinent details are as follows:

 

TEC acknowledged receipt of my forms on 17/06/2014

TEC confirmed transmittal of my forms by email to Tower Hamlet 17/06/2014

TEC confirmed transmittal of my forms by post to Tower Hamlet 18/06/2014

Tower Hamlet denies receipt of any of my forms either by email or post from TEC 24/06/2014

Newlyn postponed action (14/06/2014) for four weeks (until 11/07/2014).

TEC said it will take 19 working days from processing till decision (probably 14 or 15/07/2014)

and 6 weeks until I hear anything from them (around 25/07/2014).

 

I don't want to take chances with bailiffs.

What should my next action be?

The council said that they have now contacted the TEC.

Any advice appreciated!

Help me.

[dx100uk]

I have merged the threads for history

 

dx

[This_is_not_great]

OK.

An update.

Not very positive.

 

I have contacted the council first to see if they've received anything from TEC.

 

They claim they haven't even after their 'appeals officer' called TEC

(this call was allegedly made on 24/06/2014).

 

I asked them to put a temporary hold on the case.

They won't unless they receive the TE9 & 7 forms from TEC.

 

Then I called TEC to confirm they have sent the second email.

TEC said they sent their second email containing my files on 24/06/2014

 

I asked them what I should do if the bailiffs just turn up at my address,

they told me to call the police (but I don't know how much help this would be).

 

I then called Newlyn and asked if they would put the case on hold.

They won't unless the council tell them to.

 

I called the council again to plead to hold any action; they wouldn't.

 

I'm in a bit of a pickle here.

 

Can some one please help me?!

[This_is_not_great]

No one?

[This_is_not_great]

OK a bit more update.

Very interesting stuff.

Last week, I called the council again to confirm they've now received my TE9 & 7 forms from TEC.

They denied having received anything at all.

 

I was worried but they kept saying there was nothing they could do to rectify the situation.

 

Yesterday, I received a text from Newlyn, saying "Enforcement agent due to attend today..." etc etc.

It prompted me to call the council again.

And they said the action is now on hold until the decision comes out from TEC and they said the action was placed on hold on 14/07/2014 (this is last monday)

Then I called Newlyn to confirm; they confirmed this.

But one thing really odd the council said when I called was that they asked me what my reg. number was, I gave them that number and THEN they asked me what make and colour the car was, to confirm they are talking to the right person, I said RED mini.

But apparently the car which received all these PCNs in concern, was GREY!

 

This could mean, either:

 

- the car isn't mine. The reg. plate has been stolen and has been put on a different car of the same make, or;

- it's the same car but they repainted it, in which case they should have notified the DVLA as it is a significant change that might count as a material fact.

 

My question to the forum is:

 

If the description of the car on the registration for which they say I was responsible when the PCNs were issued, is significantly different (in this case the colour), then is it even legitimate that the council hold me accountable for the car just because it carried my former reg. plate?

 

PLEASE COULD SOMEONE HELP?

[Jamberson]

The car colour isn't an issue in itself. If you are concerned that your plates have been cloned, ask the council for a photo of the car when it was ticketed. Then you can see if it's your car or a different one.

[old bill]

The car colour isn't an issue in itself. If you are concerned that your plates have been cloned, ask the council for a photo of the car when it was ticketed. Then you can see if it's your car or a different one.

 

It sounds like number plate cloning to me, Jamberson. Your advice is sound.

[This_is_not_great]

Hello all!

 

I've got some good news but it also comes with some complication.

I just called TEC and they confirmed that they have issued the revocation orders for my parking tickets (I've only checked 7 so far but I'm guessing they have all been revoked. I will check the rest tomorrow)

 

I understand that the original parking tickets are still standing and notice to owner will be served again.

The only issue is that I have moved again since the filing of TE9 & 7 forms and the council will only send the NTOs to the address which appears on the TE9 & 7 forms, despite my having notified the TEC of my new correspondence address.

I don't own a place of my own and hence I move around a lot. So I don't want to end up being in the same situation again.

I have contacted the property agency for my old address and asked for access but obviously I will be at their mercy for whether I can do that or not.

 

My question now is, would I be able to ask TEC to tell the council to send all correspondences to my new address, which is different from my the address that appears on the Te9 & 7 forms?

 

Thanks for all your help

[This_is_not_great]

OK.

The council has now updated their system with my latest address.

My new question now is:

 

"Will new NTOs still be valid (which haven't been received yet), as the original parking tickets were issued over 1 year ago?"

 

Let me know and thanks for all your help!

[Jamberson]

Yes they will.

[This_is_not_great]

Thank for the reply.

Now tackling the parking tickets themselves.

Would I be able to pay for them at a REDUCED RATE?

[This_is_not_great]

Or what chances of do I have at successfully appealing against the tickets themselves as I had sold the car and have evidence (though it had not been de-registered from my name)?

[tomtubby]

There are two issues here.

 

One....there has been a public LGO decision which was heavily critical of a local authority for failing to update their records when advised of a new address. Thankfully, the LA have now updated your address so there is no longer an issue.

 

Second:

 

A person may ONLY file and OTT on four specific grounds. The common one being that (like in your case) they had not received a Notice to Owner. If the OTT is successful then the local authority may issue a new Notice to Owner. Once received, you can either pay the charge or alternatively.....appeal the PCN's.

 

PS: Good to hear that your applications were accepted. Many are not....

[This_is_not_great]

Attached is the letter I received from DVLA for de-registering before.

Their record shows that I'm not the owner from the date stated but only retrospectively.

 

What do you suggest I do?

[tomtubby]

I do not have time to read back on your posts to see that dat of the contravention. If the contravention date on the PCN's is AFTER the date on which DVLA have confirmed that you were no the owner of the vehicle then the letter from DVLA can be used as the basis of your appeal.

 

However, if the LA have been given a copy of the DVLA letter then there should be no need at all for them to even reissue new NTO's. !!!

[This_is_not_great]

Thanks for the reply.

 

Are you sure?

All the contraventions took place after the 12th of April 2013.

They should have the letter but from my experience with LA, they are not up to scratch with their work/progress /update of any new information.

Do you think the letter is good enough as evidence of me not being the owner at the time of alleged contraventions?

[tomtubby]

If the contraventions took place after 12th April 2013 then the local authority should be perfectly satisfied that they are not your responsibility given the letter from DVLA. There should be no problem whatsoever.

[This_is_not_great]

OK. But one thing you need to know is that I de-registered the car after the car was sold, which is why the NTOs have come to me.

 

My question is 'Given the late notification to DVLA, will this letter still suffice as good evidence of liability transfer?'

[tomtubby]

Wait to receive the new NtO's and use the DVLA letter to appeal and wait their response.

[This_is_not_great]

Wait to receive the new NtO's and use the DVLA letter to appeal and wait their response.

 

Hello Guys,

 

Long time no nothing. My apologies for not updating you for an entire year.

I did appeal in the end to PATAS (now called something else) around October 2014 and the appeal for all 11 of them have been allowed by the adjudicator on the basis of the letter from DVLA (November 2014) and I did NOT have to pay a single penny.

 

Thank you all guys and have a great Christmas.

All in all it took 11 month from the Newlyn's first phone call till they were successfully appealed against.