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niyaman

wrongly issued penalty charge notice/equita bailiffs -nottinham city council

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hi all

i need advice on who to contact to get my issue resolved

 

it all started with a parking which i thought was wrongly issued,

i had parked on a street in front of a ticket machine that was faulty

 

i walk round the corner to the next machine about twenty yards away,

i bought a ticket and displayed it in the car and left to go to a jobs fair,

 

on my return which was within the allotted time i found i had been issued a penalty charge notice ,

i emailed the address on the parking ticket explaining what had happened and that i thought that the ticket had been unfairly issued,

i didn't receive a reply from nottingham parking authority so i assumed the explanation had been excepted ,

 

about six months later i am now receiving letters from equita stating that a notice of enforcement had been issues to me and my case is being prepared for enforcement action.

i have have no letter from nottingham city council or equita prior to this,

 

they are looking for 83 pounds for the debt and 75 pounds for the compliance fee making a total of 158 pounds.

 

who should i be contacting nottingham city council or equita or anybody else,

as i have already paid for a ticket to park i have no intention of paying any fines.

 

p.s. I still have the ticket that i bought and a copy of the email i sent the parking authority.

 

niyaman

Edited by dx100uk
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What is the addresss on your V5c registration document. Is it the same as your current address?

 

You should have received a Notice to Owner, a Charge Certificate and an Order for Recovery. It's unlikely all 3 have gone astray, unless the V5c is still showing an old address

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What date does the Notice of Enforcement say you have to contact them by?


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What date does the Notice of Enforcement say you have to contact them by?

 

hi ploddertom

the letter starts by saying

 

a notice of enforcement was issued to you.

we note from our records that the penalty charge notice debt still remains outstanding and at risk of enforcement action

 

so i'm not sure if this letter is still classed as a notice of enforcement

there is no date to contact them

there is a date notice issued of 04/12/2018

 

- - - Updated - - -

 

What date does the Notice of Enforcement say you have to contact them by?

 

hi ploddertom

the letter starts by saying

 

a notice of enforcement was issued to you.

we note from our records that the penalty charge notice debt still remains outstanding and at risk of enforcement action

 

so i'm not sure if this letter is still classed as a notice of enforcement

there is no date to contact them

there is a date notice issued of 04/12/2018

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Please would you answer Michael's question - it's the most important one.

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What is the addresss on your V5c registration document. Is it the same as your current address?

 

You should have received a Notice to Owner, a Charge Certificate and an Order for Recovery. It's unlikely all 3 have gone astray, unless the V5c is still showing an old address

 

hi Micheal

sorry for the delay to your answer

i was checking all the details

the address on the v5c is the same as my current address

and i did not receive a notice to owner , a charge certificate or an order for recovery.

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The reason the question was asked is because the Council is obliged to send those documents to you. They aren't obliged to ensure you receive them, however.

 

Assuming you have not changed your address details at DVLA since the PCN was issued, the Council will have sent the notices to your correct address, fulfilling their obligation. You can contest this on the basis that you did not receive the Notice to Owner, or the subsequent notices, but it is unlikely to succeed as the Council will probably not believe it. (I'm not saying it isn't true - just they they will probably not think so.)

 

You can try - it requires you submitting an Out of Time Witness Statement confirming you did not receive these documents. It's a long shot, but just about your only option. If it fails, you will be back where you are today, assuming nothing else happens between now and you submitting the forms. Is this something you are interested in?

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The reason the question was asked is because the Council is obliged to send those documents to you. They aren't obliged to ensure you receive them, however.

 

Assuming you have not changed your address details at DVLA since the PCN was issued, the Council will have sent the notices to your correct address, fulfilling their obligation. You can contest this on the basis that you did not receive the Notice to Owner, or the subsequent notices, but it is unlikely to succeed as the Council will probably not believe it. (I'm not saying it isn't true - just they they will probably not think so.)

 

You can try - it requires you submitting an Out of Time Witness Statement confirming you did not receive these documents. It's a long shot, but just about your only option. If it fails, you will be back where you are today, assuming nothing else happens between now and you submitting the forms. Is this something you are interested in?

 

Hi jamberson

i understand their obligation to send out those letters

that is why i was querying who i should approach concerning with the matter

as you have stated it's a slim chance the council will believe me

so i won,t bother submitting a out of time witness statement

I'll just pay and get them off my case.

my thank to everyone who tried to help

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