Jacobs 3rd time council has issued an order for recovery proceedings re PCN

[Jamesx81x]

How many times can a council take action on a PCN?

 

This will be the 3rd time this particular council has issued an order for recovery proceedings and we are now on the 3rd different bailif - Jacobs!

 

Isn't there a time when they can no longer keep re-issuing it and sending it to bailiffs?

 

Thanks

[Bailiff Advice]

I was under the impression that only one Order for Recovery can be issued and that unless paid, the local authority request permission from the Traffic Enforcement Centre to permit them to issue a warrant.

 

Can you provide some further background information.

[Jamesx81x]

The original PCN was back in 2012.

 

I received the first order for recovery back in 2013 and it was then sent to newlyns.

 

After 12 months a 2nd Order for recovery was issued and again sent to Newlyns.

 

The regs had changed and I received the new letters with new charges but they never came and can only assume they returned it to the council as unable to collect.

 

In September I received a 3rd order for recovery and they have now sent it to Jacobs who have since issued the usual standard letters.

 

I have my reasons for not paying and will not deal with the bailiffs only the council but that is a separate matter.

 

I was under the same impression once they had issued the order that was it...up to the bailiffs company to collect and if they do not then the council can take other action such as county court claim etc.

 

What I'm wanting to know is how many times can they keep repeating this process as each time they are re-setting the time frame it lasts for under the new regs are they not?

 

Thanks in advance

[ploddertom]

I was under the impression that they can ask for the "money" after the Warrant expires, but only by using a Debt Collector of which many Enforcement Co's have an arm of.

[Jamesx81x]

Hi Ploddertom

 

Thanks for the reply.

 

Yes that's what I was under the impression of including as said above issue County Court proceedings if they choose.

 

I do not understand how they can issue an Order for Recovery each year then re-send to a bailiff company. It is this area I want to clarify.

 

Thanks

[Jamesx81x]

I know its not the same type of thing but once a CCJ has been issued for example a company cannot keep applying for them for the same debt just enforce it.

[ploddertom]

Have you asked the Council why & under what Legislation they are doing it? If you live in the same area then I would be also making a song & dance about it with the local Councillors and/or the Leader of the Council & hiss opposite number.

[Jamesx81x]

That is my next step.

 

I am trying to gain information on the legalities of it first before I go to them as there does not seem to be much information on-line.

 

What I want to avoid is for me to ask them and them turn round and say 'because we can' without me been able to tell them the exact reason why they cannot.

 

This is what am looking to clarify.

[ploddertom]

I would let them dig their own hole - possibly write a Formal Complaint addressed to the Council CEO and when it all breaks down it will allow you to go to the LGO. Agreed it is not a quick process but as its dragged on for so long now does that matter.

[Jamesx81x]

Thats what I am intending to do just need to know the legal bits surrounding it first.

[Bailiff Advice]

James, can you let us know how much Jacobs are requesting in their letter. For instance, have they charged you a Compliance fee of £75?

 

Secondly, have to spoken to the Traffic Enforcement Centre to ascertain whether or not a warrant of control has been authorised by them . If so, you need to ask for the date of the warrant ?

[Jamesx81x]

Yes received the first standard letter.

 

They are requesting the original PCN plus their £75 fee!

 

This is now the 3rd order for recovery and a different enforcement agent.

[Jamesx81x]

Anyone point me in the right direction on this?

 

Thanks

[Jamesx81x]

Just a quick one...what happens if the amount on the order for recovery is wrong? Would they have to reapply?

[Bailiff Advice]

Just a quick one...what happens if the amount on the order for recovery is wrong? Would they have to reapply?

 

I am just concerned that if you fail to pay during the 'compliance stage' that the debt will then progress to the 'enforcement' stage and with it, an enforcement fe of £235 will also apply.

 

Have you spoken to the Traffic Enforcement Centre to ascertain the date on which the warrant had been issued?

[Jamesx81x]

29/09/2015

 

Understand what you re saying but I been through these stages for the last 2 years with the other companies and they didn't get a thing neither will these guys.

 

As said £75 PCN + £7 court fee on the order does not make a total of £96 which they are trying to claim!

[Jamesx81x]

Overall what I really want answering is are they allowed to keep applying for a warrant every time one runs out?

 

It was my understanding they were allowed to apply for an extension before the warrant ran out but once expired thats it end of it.

[josephbloggs]

The councils can pay a 7 pound fee to re register the fine at tec so it lasts a further 12 months

 

This isnt a debt avoidance website so i really dont know what you expect any of us to say to you

[Jamesx81x]

Didnt say it was did I so how about jump down off your high horse when you dont even know the full story! Already said thats a different ongoing matter if you read you will see!

 

So you saying a council is entitled to issue an incorrect Order of Recovery and claim on it when its wrong?

 

Thats the question I was asking!

[Jamesx81x]

And where in the regulations does it state what your saying exactly?

 

It states It can be extended if it is applied for before the current warrant runs out! Where exactly does it state they can let the warrant run out then apply for a new one?

[Jamesx81x]

Wouldn't think for one minute that a site that gives people the advice of hide your car dont let bailiffs in would imply not paying in any way!

[Bailiff Advice]

The councils can pay a 7 pound fee to re register the fine at tec so it lasts a further 12 months

 

Not since April 2014. The position now is that whilst the LA can indeed apply to extend the warrant for a further 12 months this CANNOT be achieved by applying to TEC. It is a far more difficult procedure.

[Bailiff Advice]

An Order for Recovery can be re-served (if for instance a new address had been identified) but what you really need to be doing is contacting the Traffic Enforcement Centre to ascertain the date on which a warrant had been issued and what date any PREVIOUS warrants (if any) had been issued. Unless you obtain this information you will merely be guessing what has happened.