Bristow Sutor for PCN

[junebug]

Out of the blue I've had an email from BS regarding a PCN I got back in April.

 

I never had a letter about the charge as I'd moved house within the period I got the notice. I'm not disputing the original offense here.

 

My issue is that the fine now stands at over £400 and BS refuse to accept my offer of£10 per week, and are insisting I pay £15, which I cannot afford.

 

They are also ignoring my request for details of the charges that have been applied to the account.

 

As I say, I don't dispute the charge, it was an oversight that it wasn't paid, and not intentional in the first place, and want to get it paid.

 

Naturally, I am wary of giving them my current address as I know how unreasonable they can be, but have no problem setting up a regular payment for what I can afford each week and nothing more.

[junebug]

Just had a reply with 'statement';

 

No date for opening balance £112

07/09/15 £75 compliance stage fee

05/10/15 £235 enforcement stage fee

 

Anyone have any idea what these are for?

 

BS clearly have my email address, but they have waited until now to contact me...

[citizenB]

Sounds like they are bailiff fees? Are they Bailiffs ?

[junebug]

Bristow & Sutor

[renegadeimp]

Was it a council PCN or was it a private company PCN?

 

If council theres a load of paperwork to send out, and proper legal steps before it gets anywhere close to bailiffs

[junebug]

It's a council one. As I said, I've received nothing until this email out of the blue as I moved house not long after getting the charge (I'd managed to get another parking fine, paid that one and forgot about this one in the kerfuffle of moving).

 

I have no issue with paying the fine (apparently £112 was the opening balance), but these charges are insane. They mean absolutely nothing to me, unless they charge £310 for sending an email?!

 

And like I said, they refuse to accept my offer of £10 per week, saying the minimum they will accept is £15 and sending me an email with 'confirmation of the arrangement', that I have clearly stated I cannot afford.

[renegadeimp]

Have they been to your house?

 

They can charge the first fee for sending a letter, but afaik they cant charge the second unless theyve actually come around.

[junebug]

Not to where I live now, no, well, at least not that I'm aware of anyway. I haven't had any communication whatsoever before this email. They may well have been to my previos address, but I' moved from there in April, and I'd had nothing before that point.

[dx100uk]

lots of people that know viewing but not posting.....

 

 

did you not update dvla on you new address for your licence and V5 on the car?

you should have done...

 

 

so £75 notice of enforcement and prob a £235 visit fee to your old address is in order here.?

 

 

dx

[GrumpyToSayTheLeast]

Did you redirect your mail?

When did you change the address for the registered keeper of the car?

Have you changed the address?

Is the occupant of the other address related to you?

Have you asked them for details of the visit(s)?

Dx is correct in that it will be £75 for the compliance stage and 235 for the visit? But....you may stand a chance of removing the 235 if you can prove that the notice of enforcement could not have come to your attention at the other address.

There may be other avenues direct with the TEC but others know more about that.

[junebug]

lots of people that know viewing but not posting.....

 

 

did you not update dvla on you new address for your licence and V5 on the car?

you should have done...

 

 

so £75 notice of enforcement and prob a £235 visit fee to your old address is in order here.?

 

 

dx

 

Yes, both the V5 and my drivers licence were updated within a month of me moving.

[junebug]

Did you redirect your mail?

When did you change the address for the registered keeper of the car?

Have you changed the address?

Is the occupant of the other address related to you?

Have you asked them for details of the visit(s)?

Dx is correct in that it will be £75 for the compliance stage and 235 for the visit? But....you may stand a chance of removing the 235 if you can prove that the notice of enforcement could not have come to your attention at the other address.

There may be other avenues direct with the TEC but others know more about that.

 

My mail was redirected for the first month after I moved.

 

V5 and license updated within a month to my current address.

 

Other occupant no relation, and not sure landlord has my current address.

 

Havent asked for details of visit as I didn't know what the charge was for, hence my asking here for advice.

[GrumpyToSayTheLeast]

Yes, you need to inform them that the email is the first you have heard of this matter and that you require a new notice of enforcement to your current address. Once received, pay it straight away. Or the 235 will end up being added again.

Other will hopefully be along shortly to advise about the TEC but the fact is they would have wrote to the registered keeper address within a set time period and the car would have probably been still registered to your old address at that point so you should have got the relevant paperwork via redirect.

Can you prove redirect was on with royal fail?

[junebug]

Yes, you need to inform them that the email is the first you have heard of this matter and that you require a new notice of enforcement to your current address. Once received, pay it straight away. Or the 235 will end up being added again.

Other will hopefully be along shortly to advise about the TEC but the fact is they would have wrote to the registered keeper address within a set time period and the car would have probably been still registered to your old address at that point so you should have got the relevant paperwork via redirect.

Can you prove redirect was on with royal fail?

 

 

Do I write to Bristow & Sutor to ask for a new notice of enforcement or the council?

 

I have had dealings with B&S in the past and am fully aware of how underhand they can be so would like to get them off my back as soon as I can.

[junebug]

What is TEC?!

[GrumpyToSayTheLeast]

You can ring them initially, maybe record the call if you can. This will speed things up. You can email or write too.

 

Tec is the traffic enforcement center out of Northampton county court. They issue the enforcement power.

[junebug]

Ahhh I see.

 

I don't plan on speaking to b&s on the phone at all. As I say, I have had the pleasure of dealing with them before...!

 

So far they have been replying to emails within a few hours though.

[Jamberson]

Hi Junebug.

 

You can defend this one. Regardless of all the details about registering the address with DVLA, and redirecting the mail etc, the council is legally obliged to serve notices on you prior to the enforcement stage (which is to say, Bristol and Suitor's involvement). Since they sent the notices to your former address, they have not been served and so you have a legal defence.

 

As mentioned above you need to go through TEC - the Traffic Enforcement Centre also known as Northampton County Court. You need to obtain from them TE7 and TE9 forms. I think you can download them from TEC's website, but if not, phone them as soon as you can and get the forms. This process is known as filing an Out of Time Witness Statement.

 

When you have the forms, fill them out and send them back to TEC - not to the bailiff or council. Some advise you email them to TEC as well as posting.

 

The TE9 form is your application to get the bailiff warrant revoked. Fill out all the details and tick the box saying you did not receive the Notice to Owner.

 

The TE7 form is very important, as it is your statement / request for permission to file the TE9 out of time (which it now is). Take care over this one - you will need to explain in full why it is out of time, so be open about it - give the old address, the date of the contravention, the date of the move and the new address. State clearly that you had no correspondence or knowledge of the PCN until now. If possible attach something to support the date of the move, eg a rent agreement or some such. Make it crystal clear that you definitely were not living at the address the council were writing to.

 

Feel free to post your statement here before you send them off.

 

Once you have, there's no harm in notifying the Council. I wouldn't bother telling the bailiff as they are likely to just ignore you. In any case, TEC will get your forms, notify the council themselves, and then the case will be placed on hold while the application is considered.

 

Eventually they will make a decision whether to allow it or not - hopefully they will but if not, you still have one further option open - but one step at a time.

 

If they do accept it, the bailiff warrant and bailiff fees are all revoked, and you are back with the original PCN to pay or appeal.

 

Keep us posted with developments...

[junebug]

The best part of that is the fact that I don't have to deal with b&s!!! Whoo hoo!

 

I'll have a look for the forms tomorrow and get them ready to be sent off.

 

Thank you for posting, extremely helpful and easy for me to get my head around

 

I'll see what these forms are like and may have to ask advice again, but at least now I know what direction to go in. I'll make sure I keep you up to date as hopefully it will come in useful for anyone finding themselves in the same situation