Bayliff has given me until 1700 next Tues or will clamp car -TE7 downloaded - help please!

[Mystral]

Bailiff has called at door - TE7 to submit immediately - its Friday night and I am worried - advice please

I am completely new to posting on a forum and somewhat stressed - I shall try and be as succinct as possible and would ask for the Site's parking fine guru's to reply before Monday am.

In essence:

Thank you for reading :

 

*Nov 13 - 'free' Xmas shopping parking day announced by local borough council

As a local resident I inadvertently parked for a few mins., in an area not included.

 

*Apcoa issued penalty - £35 pay now or £70 in full

 

*... sent a £35 cheque which was returned by Apcoa in Jan (I think) saying they could not process without more details - a reference number was missing despite me returning the slip with the cheque?

 

*I did return the cheque again, with what detail I had, but by this time it was outside the time for a reduced payment. I sent a covering letter explaining the circs and that I would now consider the matter closed

 

* Apcoa Letter posted to me dated 3.6.14 rec'd asking for £77 - 11.6 I emailed them saying I had paid and sent a letter and Still considered the matter closed.

I did show my email address and they did not reply.

 

* roll forward to this week (3.9.14) It appears now that the matter was passed on and has ended up with Equita who called in person at my Tenant's house with a compliment slip (!!) in hand detailing a debt now totaling £387!!

 

* Tenan't contacted via my mother whom contacted me - I called the Bayliff IMMEDIATELY and he said only action was to call Glos C Council in the morning.

 

* GCC only refer online back to Apcoa who were useless on the phone giving me 3 numbers for Equita and the Traffic Enforcement Agency - none of the numbers worked!

 

*I found for myself the TE7 info on line and have downloaded the form.

 

On another Thread I did see some advice about not posting them and also getting the form back quickly. As its now the weekend I have no choice but to wait until Monday am.

I've gathered copies of what I have and will attach to the emailed TE7.

 

As it is Friday and time was running out I called the Bayliff back and told him I have researched using a TE7 form myself and that I want his assurance he will hold actions until I get an outcome. He has given me until 1700 on Tuesday but said if my car gets spotted it could be clamped or removed!

 

I rang the Bayliff back last night with an update - his advice was that I should have paid the fine and then argued the fine - when I explained I had paid the fine - he eventually gave me until Tue 1700 but warned me the warrant is open and I could be spotted in my car and still clamped!

 

Notable additions are: that my name has changed from the one on all their correspondence (legally via deed-poll) and that I have moved house twice in the last year.

DVLA do Now have my up-to-date details (not as a result of this action but because I noticed my Ins Broker had not updated my Car Ins Docs).

 

Thanks

[ploddertom]

If I can just ask to clarify things - do you have a Parking Charge Notice or a Penalty Charge Notice? There is a difference in how these are or can be enforced. If possible scan and put up the ticket and/or any other documentation you have received - all best done as PDF's and remember to mask all identifiers for yourself = name, address, ticket number, reg no etc.

[Mystral]

Thank you for your reply - I had a PENALTY charge notice - I have scanned docs ready to email with the TE forms but haven't got them masked out to put on here yet.

If its a Penalty C N how does that affect my application?

[tomtubby]

As long as the TE7 & TE9 are sent to TEC first thing tomorrow morning the matter will be on hold by the end of the day. I will provide more details either later today or in the morning (busy emptying packing boxes today so all over the place).

 

I have serious concerns at Apcoa's involvement in this matter at this late stage. Vey interesting indeed. More later.

 

PS: The bailiff is wrong. If you had paid APCOA it is like admitting that the PCN is due and trying to get a refund is VERY difficult indeed. Normal response from a bailiff though....

[Mystral]

Morning,

Thanks and good luck with the unpacking - I've just done the same - 3 times in 2 yrs in fact - not fun!

 

I thought that part of the Bayliff's 'advice' was wrong .... I have now submitted the TE7 & 9 forms along with all the evidence i could find in PDF format, and under reasons I tried to give a listed set of details asking for the court to repeal the action given that I had paid the initial charge and long thought the matter closed.

 

I am out myself now until around 20.0-2100 hrs and have a 2 week course to attend from tomorrow.This is another reason I am so concerned as I HAVE to use my car every day - there is no public transport alternative to the location - I've checked.

 

 

-

[thebaneofbanks]

possibly a silly question but I'll ask it anyway.

 

You say "*I did return the cheque again, with what detail I had, but by this time it was outside the time for a reduced payment. I sent a covering letter explaining the circs and that I would now consider the matter closed"

 

Did they cash the cheque and keep the payment? If so I believe that you can argue that as they have accepted your payment the matter is closed as that was a condition of you making the payment.

[Mystral]

Yes, they banked the cheque 7th May - I didn't quote that on the TE7 - damn!

 

In the meantime, I have only had an acknowledgement from the TEC that they have received my papers - as yet no reply/decision.

Equita's website is back up now - so I'll email them online to ensure that they are kept up to date -

not sure what else to do to be honest.

[tomtubby]

Morning,

Thanks and good luck with the unpacking - I've just done the same - 3 times in 2 yrs in fact - not fun!

 

I thought that part of the Bailiff's 'advice' was wrong .... I have now submitted the TE7 & 9 forms along with all the evidence i could find in PDF format, and under reasons I tried to give a listed set of details asking for the court to repeal the action given that I had paid the initial charge and long thought the matter closed.

 

I am out myself now until around 20.0-2100 hrs and have a 2 week course to attend from tomorrow.This is another reason I am so concerned as I HAVE to use my car every day - there is no public transport alternative to the location - I've checked.

 

 

-

 

I could not imagine moving home 3 times in 2 years. I do NOT want to have to do this ever again and the unpacked boxes can stay in the garage for the next few weeks!!

 

You need to be careful with the TE7 and TE9 as they may well be returned to you in the next day or so because TEC normally require details of the actual DATE when payment had been made. This is necessary for them to establish whether the debt had been paid BEFORE or after the warrant had been authorised.

 

Make sure that you check your emails.

[Mystral]

Hi - have been checking my emails regularly and the 1700 Tue time limit given to me by the Bayliff has passed - nothing in my Inbox or post - how does one usually hear a result?

I did also email Equita online with an update, so that they cannot argue that I have ignored the Bayliff action but don't feel inclined to do more until a result is known.

I've checked the TE7/9 receipted email again but there's not any more direction about the result, just their timescales for actioning.

 

[un-packed boxes are one thing...lost boxes in transit are another...]

[tomtubby]

Today, we received two enquiries where TEC had returned the form a day later as details of when the payment had been made, to whom, and on what date had been missing on the form. In both cases the debtors had ticked the last box. If you have not had the form returned by now then it should be assumed that the matter will simply be considered by the local authority.

 

You should not expect to receive a response for approx 4 weeks.