Jump to content


  • Tweets

  • Posts

    • again you appear not to be understanding things.....   a default does not go statute barred - as carefully explained in post 4....once it reaches its 6th birthday it along with the associated account will be removed from your file. that happening has no effect on the debt itself. it does not mean it is no owed.    your debt is NOT statute barred it has a CCJ . should the claimant fail to enforce the CCJ by it's 6th birthday, when, as with a default, it falls off your credit file, then they would need to return to court to do so. and again that happening has no effect upon the debt itself.   they both operate under the same ICO rule, quoted as in post 4..   All references to a defaulted debt must be removed from your credit files after 6 years  has passed from date of default, whether paid off, paying now or not.  . This is so that someone who continues paying something  - even after 6 years from default  - should not be at a disadvantage to someone who pays nothing after default  and ends up with a clean file after 6 years. 
    • Pleased to say that the default has gone from my credit report due to being SB. My Experian credit score is now 978 out of 999 and excellent. Experian doesn’t show my 2 x CCJ’s. Equifax’s shows just 1.    my question is this.... clearly the debt is still owed for the SB debt, the CCJ is still live until June next year.   Can I make an offer of 10% to settle the debt now that it’s SB? If so is there a letter template that I can send to them to make such an offer?   thanks in advance 
    • Your position is not untenable in any way. You have already mitigated partially any impending disaster by opening another non Paypal linked bank account so they cannot arbitrarily seize what they want.   First thing to remember you are in control here. Whatever you offer to pay them must be something you can reasonably afford even if its only a pound a week and you must pay it to Paypal. If like me they freeze your account then there is no way you can reasonably pay them. They are not going to give you another account to pay it into.   The reason I got into difficulties with them was because I had recurring large payments being made to a supplier of mine which continued after I was rushed into hospital for series of emergency operations. When I came out of hospital Paypal had simply frozen the account which I discovered when I tried to pay money into it to alleviate the huge deficit that had accrued. So I paid nothing of what I owed. I received about 4 or 5 threatening missives which I ignored as well as any phone calls. I tried for several months to make payments into the account and in the end I gave up. Despite all the threats nothing actually happened.   If you read all the answers to your posting as well as all the other Paypal posts I doubt you will find any evidence of Paypal doing very much to enforce outstanding balances and funnily enough they do not make it easy for those that wish to repay them as I discovered.   So stop getting yourself into a flap over something that is very unlikely to be nothing more than a storm in a tea cup.   Make or start you offer to re-pay them at a figure you can easily afford then forget all about them except to make your regular payment if you can still do so.   DO NOT under any circumstances get yourself deeper into debt over this.
    • she certainly hasn't any authority to 'fine' you. what was in the contract regarding vacating the property by when?  
    • Makes the cost of the battery even worse  
  • Our picks

Jayden94

PCN at Charge Certificate stage about to enter Order of Recovery stage

style="text-align:center;"> Please note that this topic has not had any new posts for the last 967 days.

If you are trying to post a different story then you should start your own new thread. Posting on this thread is likely to mean that you won't get the help and advice that you need.

If you are trying to post information which is relevant to the story in this thread then please flag it up to the site team and they will allow you to post.

Thank you

Recommended Posts

Hi all,

 

Wondered if anyone could help as this has been puzzling me for a while.

 

 

I had a query regarding when a PCN from a local authority/council reaches charge certificate stage and they ask for whatever payment it is say that if it is not paid by xxx they will proceed to issue an order for recovery.

 

 

I understand this comes with an option to submit a witness statement saying that you did not receive the initial Notice to owner and can possibly have the fine brought back down to its actual cost if you are guilty of the offense...

 

 

I don't understand how that would work if one was so select they didn't receive an Notice to Owner?

 

What proof would someone have that they did not receive it and couldn't the council just shrug it off and reject it immediately?

 

 

Then forcing bailiffs on you or something more serious?

 

Any help/info would be appreciated.

 

Kind Regards

 

Jayden

Share this post


Link to post
Share on other sites

Was the original PCN served on your car or was it a cctv PCN served by post?

Share this post


Link to post
Share on other sites

Hi,

 

They said it was served on my car but I didn't know about it nor have one on my car (whether someone came and pulled it off for their own use, I have no idea) until a letter through the door asking for more, Obviously as the timeframe for paying the discounted amount had closed.

 

Regards

Share this post


Link to post
Share on other sites
Hi,

 

They said it was served on my car but I didn't know about it nor have one on my car (whether someone came and pulled it off for their own use, I have no idea) until a letter through the door asking for more, Obviously as the timeframe for paying the discounted amount had closed.

 

Regards

It's no help just saying ' a letter'. Was this the Notice to Owner or the Charge certificate

Share this post


Link to post
Share on other sites

If I'm honest I do not remember, I just recall receiving a letter stating I now owed more money than the original £65 or what the cost of the PCNs are and that I had xxx amount to pay it before they proceed.

 

I'm sorry for not being able to be clearer... I think this was the charge certificate.

Share this post


Link to post
Share on other sites

I am being charged £195 now, If i recall it was them reminding me I had missed the period to pay the discounted fee and owed them the whole fee of £65 or so?

Share this post


Link to post
Share on other sites

Just to be clear.

You received a 'letter' reminding you you had missed the discounted period.

You now have a different letter demanding £195

Share this post


Link to post
Share on other sites

Then the first letter was the NtO, which it seems you ignored, and the second letter is the Charge Certificate.

 

Essentially this means you can't file a witness statement claiming that you didn't receive the Notice to Owner, since it appears you almost certainly did.

 

The only thing you can do now to stop things progressing to bailiffs, which will increase the demands to £500+, is

to pay £195 asap

Share this post


Link to post
Share on other sites

I thought the next stage was order of recovery which would amount to £203?

 

I am not financially fit at all to pay any of that back currently and I am pretty sure I didn't receive any NtO. Why can I not select on the witness statement that I didn't receive it.

 

In addition to that I was broken down hence why my car was pushed into that zone, I even have paperwork proof of my car battery's faulty nature and the amount of times I have broken down due to it, Can that not prove any innocence?

Share this post


Link to post
Share on other sites
I thought the next stage was order of recovery which would amount to £203?

Correct

 

I am not financially fit at all to pay any of that back currently and I am pretty sure I didn't receive any NtO. Why can I not select on the witness statement that I didn't receive it.

Because essentially you would be lying. You clearly remember receiving a letter increasing the penalty. That was the NtO.

 

In addition to that I was broken down hence why my car was pushed into that zone, I even have paperwork proof of my car battery's faulty nature and the amount of times I have broken down due to it, Can that not prove any innocence?

 

Breakdowns can be used as grounds for appeal when the breakdown is unforeseen.

Your battery was is such poor condition that you had broken down many times previously, so could hardly be unforeseen.

Share this post


Link to post
Share on other sites

If I received anything that mentioned the words Notice to Owner I would have handled it, I honestly do not recall it at all hence why I was considering saying I did not receive it, thats why I started the thread to ask what stops them from just saying "yes we did deliver an NtO and shrugging me off, if so what happens after, they continue to issue an OfR?

 

Thanks again

Edited by Jayden94

Share this post


Link to post
Share on other sites
if so what happens after, they continue to issue an OfR?

Yes, and if after 21 days it's not paid, bailiffs will be instructed and their fees of £75 compliance fee and £235 attendance fee will be added to the £203

Share this post


Link to post
Share on other sites

So do you mind me asking, What stops them from just rejecting everyones Witness Statements flat out seeing as no one can really prove they never received an NtO?

Share this post


Link to post
Share on other sites

Nothing really, other than the witness statement is a sworn statement of truth, and you are liable to proceedings of contempt of court if you sign it knowing it to be untrue.

Share this post


Link to post
Share on other sites

Ok, So it will most likely be rejected, Because I have no proof I didn't receive it and they don't but it will allow them to reject it and still retain maximum payment from me...?

 

Are there any ways payment plans can be made for those like myself who simply cannot afford that sort of payment?

 

Thank you again, Much appreciated.

Share this post


Link to post
Share on other sites

If you honestly can't remember receiving an NTO (you only remember a 'letter') then you can file witness statement in good faith saying you didn't receive it.

 

They are normally accepted as a matter of course if submitted in time.

 

This situation highlights the futility of ignoring PCNs. The best outcome will be a new NTO and you're back in the appeals process. Better to have appealed to begin with...

Share this post


Link to post
Share on other sites

Alright, I will file one then.

 

Sorry when you use the terminology "as a matter of course" meaning they expect everyone to file one and those who get it in on time are accepted?

 

But yes agreed, Should have been handled at appeal stage a long time ago.

Share this post


Link to post
Share on other sites

Just to clarify.....if a witness statement is made in time (received by the court within 21 days of the Order for Recovery being served) then a council is given no opportunity to object to your witness statement and the default position is that the court accepts the statement and revokes the Order for Recovery and Charge Certficate. It is only if the statement is received by the court out of time (more than 21 days after the Order for Recovery was served) that a council is given opportunity to object.

  • Haha 1

Share this post


Link to post
Share on other sites

Could not have made it any clearer.

 

Thank you. One question

 

Once it is reverted to NtO stage and they re-issue it can I then appeal for whatever reasons I have for receiving said PCN?

 

Regards

Share this post


Link to post
Share on other sites

Yes if they serve a new NTO you can make representations and go to adjudication if they reject your representations.

Share this post


Link to post
Share on other sites

Would my car breaking down and its faulty nature of the battery be solid enough to not be rejected?

 

I have proof of various other times I have broken down to prove how faulty it is but not that instance

Share this post


Link to post
Share on other sites

Usually where a breakdown is claimed the council will require evidence such as a garage invoice or if you fixed it yourself, receipts for new parts. invoice or receipt dates will need to be the date of the contravention or thereabouts.

Share this post


Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...