Havering Council CCTV PCN - Unexpected EA Attendance. HELP!

[natnatheath]

I received a PCN which was issued by a CCTV vehicle instructed by Havering Council in 19/04/2014.

 

When I received the PCN I appealed it on grounds that I was dropping off my heavily pregnant wife - 'Person alighting from a vehicle'

The appeal was rejected but I did not receive a 'Notice of Rejection' letter.

 

I then received a 'Charge certificate' without any reply from my appeal. I emailed Havering Council parking but was told that because a charge certificate was issued there was no grounds of appeal nor could the fine be paid at the lesser amount and I could only wait for a witness statement to be posted and filled in.

 

I received a letter stating I needed to pay or fill in the witness statement by 02/12/2014.

I submitted a TE9 Witness Statement on 18/11/2014 by email to an email address printed on the letter on the grounds that I hadn't received the rejection notice.

I was told a decision could take a few months.

 

On 13/02/2015 my wife was home with our 8month old daughter and had a knock on my front door from a bailiff stating that he had a warrant to seize my vehicle on behalf of Havering Council for an unpaid PCN.

 

I had not received any letters from Havering Council, nor a 'Notice of Enforcement' from the bailiff giving seven clear days before his attendance.

Had I received anything, I would have sorted this out ASAP, without the threat of my vehicle being seized especially as I need it for work.

His attendance was a total shock to my wife and I.

 

I contacted the court on 13/02/15 and was told that the email address on the letter sent out was incorrect. Therefore I have submitted a TE7 'out of time request.' and a TE9 'witness statement.' to the correct email address. I have an acknowledgement email for the submission and was told any bailiff action will be put on hold.

I have informed the bailiff and they have said they have not received any notice from Havering Council to suspend any action.

 

I feel that I can't be penalised for a letter having an incorrect email address, I had submitted the TE9 within the time limit.

 

I believe the procedure after my appeal has been unfair and by not receiving letters in the post, I am being issued a higher fine and bailiff costs.

 

I haven't received a 'Notice of Enforcement' therefore the bailiff turning up at my door is a breach of The Taking of Goods Regulations; regulation 6. He also didn't give me a copy of the warrant or a break down of supposed charges.

 

I have been told that I need to supply evidence that I didn't receive any letters before his attendance. How can I do that? Usually it's proof of postage - confused.

 

I am awaiting to hear if my TE7 out of time is accepted or rejected.

 

Any advice would be greatly appreciated.

[Jamberson]

You've done the right thing. The Out of Time Witness Statement is the correct course of action. I hope you explained fully on there why it is "out of time" (because of the faulty info in the letter). All you can do for the moment is sit tight and see what they do. Hopefully they will accept it, and you'll be back in the appeals loop.

 

If not, post back on here for further advice.

[ploddertom]

Have you checked with both Council & Court as to what address incl postcode documentation is being sent?

[Jamberson]

Since he did receive the PCN by post, then the charge certificate and then the Order for Recovery, it's pretty certain they were writing to the correct address. The only missing correspondence is the rejection of the rep.

[natnatheath]

Thank you for the replies.

 

I believe they have the correct address as I have received the PCN, Charge certificate and Order for Recovery.

 

I haven't received the Notice of Rejection.

 

I find it all a little suspicious to be honest. I was told to wait for the Order for Recovery so I could appeal to pay the lesser charge from £202 back down to £65 by filling in the TE9. (As I had not received the Notice of Rejection the 21days had passed so that's why the amount rose to £202)

I have been told by TEC that the incorrect email address is a problem that they have been having since March last year, however no one is challenging the councils for putting the incorrect email address, therefore lots of people's TE7 out of time applications are being rejected.

 

It's just a waiting game and my wife is stressing out, expecting a 6am tow truck for our car.

[Jamberson]

She mustn't stress. TEC should inform the council that you have filed the witness statement, and they in turn should immediately notify the bailiff to put the case on hold. Maybe check with the council tomorrow, but so long as there is no unexpected complication, they should confirm the case is on hold pending a decision on your application.

[lookinforinfo]

In any case not receiving the Notice of Enforcement should delay proceedings shouldn't it?

[Jamberson]

Don't know. There is a bailiff forum on the site, where you could ask about that. But the Witness Statement trumps everything, and is the route back to the appeals stage.

[natnatheath]

You would like to think not receiving the Notice of Enforcement would mean there's a breach, and legally by not receiving one there has been. However to quote the Enforcement Agent "you need to prove you didn't receive it."

 

How this is done I'll never know. I can write a statement of truth but I wouldn't know where or when to send that.

 

I feel it's a way to make more money as the visit to my address was charged at £235.