Enforcement notice - returning this afternoon to remove goods.

[unclebulgaria67]

Have asked site team to move to bailff/enforcement page on site. You can still acess here if you don't know where that is.

 

Authorised by court means that the council have registered the PCN with the court and therefore they are authorised to attempt to take control of goods,

 

Never allow access to your house. Keep doors locked and closed. Keep cars away from your house until this is resolved.

 

What are the reasons for any out of time appeal, as you appear to have received all relevant paperwork ?

 

What is the charge certificate about ?

[unclebulgaria67]

This is not a fine by the way. It is just a parking penalty.

 

If you want to avoid the £235 enforcement stage fee, you could pay the PCN amount plus the £75 compliance fee to Equita. Would not prevent you appealing the PCN and if you won you can claim your money back.

 

When did you get the enforcement notice through the door ? When is it dated ?

[unclebulgaria67]

Thank you.

 

 

The charge certificate is increasing the charge by 50% due to being unpaid within, I imagine, 30 days or so.

 

 

I'll move the car to the (private) gym. I though that they could not take cars if used in work etc. Nor indeed if the fine had been paid?

 

 

Do they not have to tell me which court and show me the court order. I really do not believe we have overlooked a court notice. Or in the case of a PCN does registry with the Court not generate a notice to the respondent?

 

 

It does not really matter what the out of time reason is - the point is the appeal stops enforcement while it is referred back to the council as I understand it. I don't expect to win the out of time point.

 

They can take work vehicles, it depends on usage. It has to be owned by you. If you pay all amounts due, they can't take or clamp car.

 

The PCN is just registered with the court as a penalty outstanding, so enforcement can take place. It is not like a speeding fine, where you get documents from the court.

[unclebulgaria67]

Have you read this

 

https://www.gov.uk/parking-tickets/overview

[unclebulgaria67]

I will leave this in the safe hands of Bailiff Advice as this is not my area of knowledge, hence not knowing what charge notice referred to. Why use such a name when charges can relate to other things.

 

If all documents have been issued by the council and an appeal cannot be made on one of the 4 grounds, it would seem the option is to pay the increased PCN amount plus the £75 compliance fee, before Equita attends. This then saves the £235 enforcement stage fee being due.

[unclebulgaria67]

UB...I beg to differ !!!

 

Your advice on this thread is actually very good indeed.

 

Thanks. I try to take in some of the information and have basic understanding, but have not studied in any depth.

 

I don't know why UK government make things so complicated admin wise. They create an industry with the way they do things. Why not just issue the PCN at one rate, send paperwork to address on V5 for RK and if not appealed or paid within say 60 days, just attatch it to the car tax, so the car cannot be taxed, until all PCN's have been paid. Before a car can be sold, make it a requirement that all PCN's registered have to be paid off. Less work for EA companies and more collected PCN's.

[unclebulgaria67]

When you say pay the bailiff fees do you mean the £75 or the £235? UncleBulgaria mentioned above paying the £75 and therefore not the £235.

 

 

Do I have to pay the bailiff fees direct to Equita?

 

When did you pay the PCN at the Post Office ?

 

If this was before Equita were employed by the council to start enforcement, contact the council and they can call off Equita.

 

If you only paid the PCN after Equita started enforcement sending an enforcement notice, then you should pay Equita the £75 compliance fee, giving them details of the PCN payment so they can check that. If it gets to the stage of an enforcement visit, you will have Equita after £235 extra.

[unclebulgaria67]

As a by the way. If an enforcement agent says they will visit on a certain day, it often means they won't come. They will visit when it is a surprise, so you have a car on the driveway or you open the door thinking it could be someone else.

[unclebulgaria67]

If you have had the notice of enforcement or Equita say they have sent it giving 7 days previously, then you are faced with having to pay the £235 enforcement stage fee.

 

If you have made the application to TEC, you could advise Equita of this, plus that you have paid the PCN. If you have not stated one of the 4 reasons they allow it will get rejected and enforcement started again.

[unclebulgaria67]

Thanks - I've given one of the 4 reasons - ie that I have paid the parking notice. Which I had at the time I submitted the form.

 

 

I had a letter from Equita on 29 Jan saying that the PCN is outststanding and remains subject to enforcement action. It notes that unless I pay the PCN and their £75 fee they would instruct enforcement agents to call. So presumably they are suggesting that the Notice of Enforcement was issued sometime between 29 Jan, allowing time for me to respond to that letter and 7 days ago.

 

 

Seems a bit unlikely.

 

That letter makes it sound like there was already some previous communications. As i thought they just issued a notice of enforcement and then if not paid, they visited.

 

Given that you have only just paid the PCN and sent the application to TEC, it will fail. The council will see that you have only just paid the PCN after an enforcement visit. Equita will then continue enforcement hassling you for £75 compliance and £235 enforcement fee. It is whether you pay it now or later.

[unclebulgaria67]

Sorry x-posted. So the £7 is owed to the Council? They will have paid to register the debt?

 

 

One last question - I think one of our cars is fine to have at home since it is on HP? My understanding is the bailiff can't take a car if it is on HP?

 

I think the £7 extra becomes due once they register it with the TEC and is invoiced as part of the enforcement process. Not sure the council issue anything showing this.

 

The position on HP has changed and was discussed in a recent thread. Depends on whether there is any money available if it can be sold. They HP company would be contacted. I would not keep the car near the house believing it is safe.

 

To be honest, this sounds like it is now a bit of a game now. Nobody wants to pay PCN's or enforcement companies. At some point you will have to pay the amount being requested. If i were you i would phone Equita to advise that you have applied to TEC and paid the PCN in the meantime. That they should put enforcement on hold until the application with TEC has been decided. Also ask for a copy of the notice of enforcement to be sent with any proof of posting as you have never received it.