Help with Marstons and husbands unpaid parking Fine

[Bailiff Advice]

 

My husband isn't the registered keeper, he does work for a courier company and he has had an issue as the previous fine had gone to the company who then took a £25 admin fee, which then eventually the fine was sent to my husband and it got paid.

 

I really don't know what's happened with this one.

 

Do you know whether or not your husband received the Notice to Owner, Charge Certificate and Order from Recovery from the local authority?

[Coughdrop]

I already asked. The details of the hire / lease contract are going to supply the information we need, I think.

Edited July 27, 2016 by Andyorch
edited

[mizzbabyjess]

With the previous fine that was eventually paid, the notices were going to his office, he then spoke to the office that assured him in future they would be sent straight to him. I'm just wondering if this was a fine that went to the office and never got sent on to my husband.

[Peterbard]

Do you know whether or not your husband received the Notice to Owner, Charge Certificate and Order from Recovery from the local authority?

 

Yes you have thought that the original notice to owner would have gone to the firm, and then if contested it would have been re-issued to the driver.

 

Excuse me if i missed it , but did the OP say she had any forwarding adress or information regarding his current whereabouts, is he still employed by the same company ?

 

If so the authority should still have the company address and the EA could trace him that way.

[mizzbabyjess]

I have contacted the bailiff via text message, but I haven't heard anything back yet

[Bailiff Advice]

With the previous fine that was eventually paid, the notices were going to his office, he then spoke to the office that assured him in future they would be sent straight to him. I'm just wondering if this was a fine that went to the office and never got sent on to my husband.

 

I am sorry for asking so many questions but as you can see, it has been necessary. I did pick up on your earlier comment about a previous penalty charge notice and that is why I asked about the Notice to Owner, Charge Certificate and Order for Recovery.

 

The legal position is this:

 

All statutory notices (Notice to Owner etc) must only be sent to the name and address of the registered keeper on the V5C.

 

In the case of hire companies etc, when they receive the Notice to Owner, they can appeal (make representation) on the basis that they were not the driver at the time of the contravention. They would return the NtO and identity the driver (presumably your husband). A new NtO would then be sent. Somewhere along the line, your husband's name and address must have been provided. I say this because the bailiff visited your address and asked for your husband.

 

Clearly, your husband needs to make enquiries with his employer. If it is the case that he had not received the Notice to Owner (the initial notice) then he could possibly file an Out of Time witness statement with the Traffic Enforcement Centre. All bailiff enforcement will then cease for a few weeks.

 

I notice that you have sent another message to the enforcement agent. Given the Data Protection rules, I would surprised if they respond. Could you husband not call them?

[Leakie]

Hi BA good advise as per usual,

I think you will find the OP is not in contact with her husband,

 

this was the reason she tried to make an arrangement

[mizzbabyjess]

Thank you for your help, it makes sense now and sounds very likely that this could have happened. That would explain why his company charged £25 admin fee last time. How would he go about filing an out of time witness statement?

I haven't heard back from the bailiff, but he was keen to talk about it all the other day when he knocked.

[Bailiff Advice]

 

Thank you for your help, it makes sense now and sounds very likely that this could have happened. That would explain why his company charged £25 admin fee last time. How would he go about filing an out of time witness statement?

 

I haven't heard back from the bailiff, but he was keen to talk about it all the other day when he knocked.

 

A lot of 'hire' companies (for want of a better word) charge an 'admin' fee to cover the administrative costs associated with 'appealing' penalty charge notices. Your husband will very likely find that there is a clause within his contract with his employer for this purpose.

 

What your husband has to do first is to make enquiries with his employer.

 

He then needs to obtain the penalty charge notice number. This will start with two digits and be followed by eight numbers.

 

Once he has this number, he needs to speak with the Traffic Enforcement Centre and ask them to confirm to him the name and address on the warrant. If it is his name (and address), he needs to ask whether an application has been made ay any time to amend the name and address.

 

He needs to ask TEC which forms he should be completing (TE7 and TE9) or PE2 and PE3.

 

Once he has made these enquiries, please post back.

 

PS: Normally, Out of Time witness statements are simple and trouble free. Unfortunately, in this particular case, it is complicated by the fact that the initial notice 'appears' to have been addressed to your husband's employer....but we don't know for sure.

 

If an Out of Time witness statement is accepted, the warrant will be cancelled and the local authority will re-issue a new Notice to Owner to your husband allowing him to pay at the earlier rate (roughly £70). If the Out of Time is rejected in a couple of weeks, your husband will be in the exact same position that he is in today with bailiff enforcement. Therefore, he needs to ensure that the forms are properly completed.

[mizzbabyjess]

If this is the case, would we inform the bailiff that an out of time form has been completed?

[Bailiff Advice]

If this is the case, would we inform the bailiff that an out of time form has been completed?

 

NO!!!

 

The Out of Time witness statement needs to be received by the Traffic Enforcement Centre before 4pm. It will then be 'processed' by them and TEC will then advise the local authority to instruct their relevant enforcement company to suspend enforcement of the warrant. This should take place sometime tomorrow morning.

[mizzbabyjess]

Where would we get the forms are they online?

[Coughdrop]

All good, and much as I was working towards in post 22. It's certainly a lot better than you being told to increase your offer to the bailiffs which was mentioned as late as post 12!

 

I'm glad for yourself and your husband I changed the direction of the thread then, as had you followed that advice you'd be £450 out of pocket!

[mizzbabyjess]

Do I complete the forms online and submit them online?

[Coughdrop]

You can get the forms here http://hmctsformfinder.justice.gov.uk/HMCTS/FormFinder.do

 

There's some excellent advice on the internet for filling these in (it's important they're done well), so have a quick Google and you'll find some superb examples without much trouble.

[Bailiff Advice]

Do I complete the forms online and submit them online?

 

This is not your debt and your husband needs to be involved in the forms. Has your husband made the enquiries that I mentioned about in my post number 34?

 

Without knowing more about the actual contravention, we do not know whether your husband needs to complete forms TE7 and TE9 or PE2 and PE3. There is a significant difference between the two in that the PE2 and PE3 must be witnessed by a solicitor !!

 

Without making background enquiries, your husband will not know whether HE has any grounds to file such an application.

[Coughdrop]

Yes indeed, TE7 & TE9 are out of time witness statements, PE2 & PE3 are out of time statutory declarations, so as with all stat decs, obviously need witnessing. As stated very early on in the post, it is not the OP's debt, so clearly the person to whom the debt relates needs to do the relevant forms.

[Peterbard]

It should be stressed that as BA says the person the notice is addressed to must complete the aforesaid statements, as there is a statement of truth.