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    • firstly , they are not a Debt collector [never confuse the two - a DCA chasing consumer credit debt is totally powerless and have ZERO legal powers to do or take anything - they have no more legal powers than you or I do ] these will be bailiffs and do they have legal powers.   However, the good bit is that unlike what you might have seen on TV, for a council CTAX liability order [please confirm there is or NOT a CCJ registered check your creit file] there is NO right of forced entry. The bottom line is, bar all the arm waving, is, that if you simply totally ignore them, they will eventually go away.   Now what they can do is two fold on CTAX. basically add fees to a set limit.   the first is a notice of enforcement letter. this comes with a fee of £75 and gives you 7 days to set up some sort of payment plan.   the second is an actual visit, where by a further fee of £235, whereby the fees are now £310 , the maximum they can ever add to the CTAX bill. this is typically accompanied by a threat to removed goods, it's cleverly worded or 'explained' to make you 'think' they can waltz in any take anything they like. THEY CANNOT unless YOU let them in. which you don't, nor leave doors unlocked as they can then enter through what is called 'peaceful entry'.   in real term, the seizure of goods is limited to stuff outside like cars YOU might own that are not behind locked gates.   so i'm not too sure what stage you are at  so please clarify. the name of the bailiff company. how much you now owe the county council the CTAX is owed too.   if you have any/all paperwork please scan it to PDF  after redaction - read our upload guide]   one last point. they don't keep coming around they don't keep ringing. neither of those gander them anymore money so they don't bother.   dx      
    • Hi Everybody I moved into my parents house quite recently. My mam is aged and extremely ill (it's just me and her living in the house) and I moved from the North to the South of England to take care of her.   Now I've got a CCJ against me for unpaid Council tax from when I was living in the North and a debt collector has just showed up at the door. Now I don't have the money to pay the entire amount straight away. But I'm willing to try and enter in some kind of payment plan and gradually pay down the debt. However my main concern is that they don't keep coming around and phoning the house threatening and harassing my mam over her sons debt.   However the guy at the door was threatening to seize goods and have them sold at public auction. Getting bailiffs to break in etc.   When I told him that I've nothing of any real value he said he could just take whatever was in the house. Something about if she couldn't prove whatever was hers then they could just take whatever (I'm not 100% this but I think something to this affect).   He left me a "Notification of Enforcement agent visit" sheet of paper.   From the first paragraph it says:   "As an enforcement agent I've attended your premises today with the intention of taking control of your goods in accordance with the taking control of goods (fees) regulations 2014. At this time your goods are bound. You cannot remove, sell or otherwise dispose of them"   Thus I'd appreciate any advice that readers my be able to offer. Does anyone know the law regarding "seizing assets" when the debtor is not the homeowner/tenant?   tia Bear
    • I should add I only got the CCA response last week after waiting nearly a month over the prescribed time limits to respond. PM
    • Thanks, I thought that might be the case.  J
    • claimform issuance stops the SB clock    dx  
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actionplan36

Thurrock council PCN for parking with faded/non visible bay lines

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I have been given a PCN for parking in council run car park, outside of a parking bay.

 

 

I wanted to know if I had a leg to stand on if I wanted to fight my case?

 

 

As you can see in the pictures attached

the bay lines are very faded and in most parts are completely invisible.

 

 

I have also taken a couple of shots of the rest of the car park to show how bad the entire car park is and how bad their bay marking are.

 

 

If anyone could offer any advice I would greatly appreciate it.

 

 

I have written to the council already protesting about the PCN and I am waiting to hear back from them.

Many Thanks

20161119_104331.jpg

20161119_104221.jpg

20161119_104354.jpg

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Hello and welcome to CAG.

 

Could you tell us who the PCN is from please?

 

My best, HB


Illegitimi non carborundum

 

 

 

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Thank you.

 

I'll move you to the local authority parking forum and leave a link for you to follow. The advisers should be along during the course of the day.

 

HB


Illegitimi non carborundum

 

 

 

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I think for the moment that you have done the right thing. Well done on taking the pictures. Many people don't bother but they look very convincing.

 

Come back here when you know the results of your appeal


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Thank you, I will let you know as soon as I have heard back from them.

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your soft appeal should include the photos and proof that you paid to be there (copy of ticket) If you are forced to take it to a formal appeal you will win as there is plenty of case precedent over markings that are far clearer than this. the council is having a laugh if they think that this will stick

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Hi Ericsbrother, yes I sent them the photos and also a copy of the proof of payment to be there (the ticket). I will definitely keep this thread updated with what is happening. Thanks.

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What lines are you talking about?

I can't see any line.

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What was the contravention stated on the PCN? And do you have any images/info on the terms and conditions on the car park signs?

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Hello, it was contravention 86. I do not have images of the carpark signage.

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OK, fine - so that would be the correct contravention for not being properly within a marked bay.

 

State of the lines is awful. I think you will win, but please post back if not.

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Hello everyone, I just thought I would keep you updated with what is happening. So after sending off the email with pictures, I got an automated response stating that they would get back to me within 10 working days. 10 working days has now passed so I called them up saying I have not heard back from them yet. Their response was: Them - A letter was sent to you on at the beginning of the week. Me - I have never received a letter? Them - Oh yes, you are correct, it was never sent as you didn't include your postal address in your email. Firstly, it never stated anywhere that I needed to give them my postal address. Secondly, what would have happened if I never contacted them myself? Would they have let it pass and then charge me.....even though they never sent me a letter out? Anyway, I have sent yet another email and no doubt will have to wait a while longer now to hear what their decision is. Just thought I would keep everyone up to date.

Edited by actionplan36

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Challenging a penalty charge notice

 

If you receive a Penalty Charge Notice (PCN) that you feel is unfair, you can challenge it. Your PCN number, vehicle registration number and address must be quoted in all contacts. You can challenge using the online form or write to us:

 

https://www.thurrock.gov.uk/parking-enforcement/challenging-penalty-charge-notice

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Fair enough, I did not see that part! Thanks for pointing it out.

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I presume you quoted the PCN ref number so they know exactly who you are but are being bloody minded. In their defence though the driver may be appealing and that was not the keeper so confusion can be created.

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I presume you quoted the PCN ref number so they know exactly who you are but are being bloody minded.

 

They will have no idea 'who you are'. The PCN ref number will identify the PCN and therefore the contravention and VRM, it doesn't identify a person. Nor does an email address. No council will respond to an informal challenge (either email or postal) without a name and address.

 

It's not until they send the NTO having obtained details from the DVLA, that they will have any idea of the identity of the registered keeper, let alone the driver if t was someone other than the RK.

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my error, I has assumed that previous correspondence had already covered this point.

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Hello everyone,

 

I wanted to give you an update.

 

I have received a letter telling me that my challenge has been rejected. Most of the text is just a copy and paste job that they send to everyone (I'm guessing). They do have pictures that show my car on a 'T', but when you park....looking out your window.....what do I see both sides....empty space with no other markings? As you could see in my pictures at the start of this thread....most of the lines in the car park have vanished.

 

Do I fight this? 20161206_154317.jpg

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I have called up the Council's parking department and they have said I should receive another letter soon as I emailed them a question. Every time I ask a question it takes another 10 days to get a response. When I called I was asking to make sure I wouldn't be charged the full amount as the case was ongoing. They reassured me I wouldn't. I said that is good as I am waiting to hear back from my MP who has been notified about the situation. They then said "it has nothing to do with an MP, it's council business". Which I replied "I understand, but the council are not taking responsibility for the state of the carpark and are giving out penalties and to people who cannot see the bay lines. to be continued.......

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I don't know if anyone is following the thread any more, so this will be my last post. I have had another letter stating that basically they will no longer communicate with me and I have to pay. I have decided to pay the £25 so I don't get charged the full amount, but will continue to email them....every single week until they admit they are in the wrong and give me the money back as the whole thing is crazy.

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Looks like you've already decided, and paid up.

 

Their images show the lines quite a bit clearer than your images, so there's some doubt over how this might have ended up had you fought on.

 

In any case, really don't keep hammering it out. Now you've paid, just move on. As the council said, this isn't a matter for a member of parliament, and you've closed the case now anyway. It's not worth even more of your time and energy.

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I think it is worth the time, as the state of their car pack is clearly very bad. Terrible in fact. Anyone could park in the wrong place in there and they will get charged for it. It's not about the money, it's more about the principle.

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