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    • Thank you. Can you tell us who replaced the rear brakes in June 2019? Who paid for it? One slight problem here is that the amount of money you are dealing with is in excess of £10,000. £10,000 as the County Court small claims limit. When you bring a small claim – less than £10,000 – then even if you lose, you won't have to pay the costs of the other party. Over £10,000 and you will have to pay if you lose. On the basis of what you say here, you have absolutely no chance of losing but on the other hand the fact that you would have to bring the claim on the fast track brings comfort to the other side and they are more likely to employ tactics to intimidate you with the spectre of costs hanging over you in the event that you lose. This is something to take into consideration. You have two choices. One would be to consider claiming for the refund of the entire price plus any ancillary losses. The second would be to claim for repairs. On the basis that repairs will be considerably less than £10,000 I think that I would suggest you go for that. This means that you need to get the car thoroughly examined and get a quote for repairs and generally speaking putting into a proper roadworthy condition. In fact you would need to independent quotations. You would then, with our help, enter the pre-action protocol which would essentially threaten the dealer and also the finance company with 14 days to sort it out or else you will bring a court action and without any further notice. You would only make this threat if you decided to go ahead with it. It's not worth bluffing. Both the dealer and the finance company will probably use all sorts of tactics to delay and to prevaricate. You must not allow yourself to get dragged into any kind of protracted discussion. You make the threat. 14 days. Day 15 – you send them the good news. Once they have the court papers they will then start to realise that you are serious. The finance company will put pressure on the dealer and someone or other will put their hands up. It's up to you if you want to get involved in this kind of action. If not then I think you're going to have a hard slog
    • Ok trying to move this forward. just got a statement with £260 agents fees added even though they have no collected the car! Am I right in thinking this is illegal?   Moving forward is it best for me to submit an N244 with the court to try and stop them taking the car and for these unlawful fees? Could somebody advise what it is I’m asking the court to do as I don’t want extra time to pay as the account is up to date but I don’t want them taking the vehicle because I’m refusing to pay these agents fees!   could really do with some help  
    • The dealer is MK autos ltd in Milton Keynes.   We know the car was serviced by bmw once, as we called to ask but about 2 years ago.  The car was brought for £10,995 but with finance cost total will be £22,000.. Eye watering amount but again we was pushed into a corner. I needed a car my mum has terminal lung cancer and I do all the hospital appointments. We thought that we would be safe for a while at least.   Again I forgot to mention that although the car had a "service" the rear brakes went and were replaced on the 15th June 2019..   We have paid so far in total £2260 in 6 months.   I am prepared to fight this!!  
    • What is the name of the dealer please? I'm afraid that you seem to have managed to miss certain important landmarks. If a defect occurs within the first 30 days then you are entitled to a refund or a replacement at your option. Unfortunately you didn't assert this short-term right to reject and so you have lost the opportunity. After that, if a defect occurs within the first six months then you have the right to insist upon a repair and if the repair fails then you are entitled to a refund or a replacement at your option. Unfortunately you haven't taken advantage of this. The dealer has claimed that a warranty has expired. It has nothing to do with warranties and in fact warranties tend to be extremely misleading because they tend to lull you into a sense that you have no other rights. This is not true. Under the Consumer Rights Act you are entitled to have a vehicle which is of satisfactory quality – given the price, age, and other relevant factors – and that it remains in a satisfactory condition for a reasonable period of time. On the basis of what you say it seems to me that the defects are serious enough to render the vehicle not of satisfactory quality. However, you are dealing with a dealer who is clearly unhelpful. I don't know why you haven't told us who he is – but you should do. You have taken out finance and although you reached out to the finance company at an early stage, they declined to get involved. They gave you a reason and it seems that you accepted this reason even though you don't seem to understand that the finance company has no friend of yours. Your interests are in conflict with theirs. Under section 75 of the consumer credit act, the finance company is liable to exactly the same extent as the dealer is. The chances are that you may have to take one or other of them to court. You certainly need to be prepared to do so and be prepared to threaten it in the hope that someone will put their hands up – but if they don't then you will go ahead with your threat. Don't bluff. You haven't told us how much you have paid for the vehicle. Also, have you sought an independent quotation for the repair work? On the basis that the dealer is probably going to remain uncooperative then you are probably looking at several months before this is sorted out. The way to deal with it will be to be extremely assertive and aggressive and we will help you if you have the will to do it.  
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Hi Bailiff Advice

 

My sister only gets housing, PIP and ESA after all bills are payed so shes only left with £50 a week to live on. I think she would need to set up a payment plan because she doesn't have any saving so wouldn't be able to pay the fee in full. Will sending these forms off stop the bailiffs from coming because I'm worried about the cars on the front.

 

Andrew

 

I have already answered your question about whether sending the forms will stop bailiffs attending (no they won't as the 'cut off' time to make a payment arrangement (and avoid a bailiff visit) is 6pm Monday. The earliest that enforcement would be placed 'on hold' would be early Tuesday morning.

 

You really do need to be making Jacobs aware of your sisters health and financial situation as soon as possible.

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And move the cars away for the time being Jacobs will clamp or take all or any vehicle(s) they see outside and ask who owns it later.


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Hi bailiff Advice

 

Sorry I didn’t mean to put the bit about her representation she hasn’t appealed because she only received the letter from jacobs. Her v5 had her old address on until Jan 2019. And no it’s not parking related it’s driving in a bus lane. I’m sorry I hold my hands up I copied it from the other article that was posted.

 

Is there any articles related to a bus line driving complaint I could see to get an idea for what to put.

 

Thanks

Andrew


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And move the cars away for the time being Jacobs will clamp or take all or any vehicle(s) they see outside and ask who owns it later.

 

Thanks for the advice brassnecked

 

How far should we move the cars? And should we move them after Sunday morning or would they only start coming after the dead line at 4pm Sunday? Also I’m guessing not to answer the door and make sure the windows are locked and the side entrance is locked?

 

Thanks

Andrew


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Move them a fair way away, next street possibly do it ASAP, Jacobs might cruise past and see what is outside in readyness. They probably have your sister's car VRM from the PCN though.


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If you want advice on your thread please PM me a link to your thread

 

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Is there any articles related to a bus line driving complaint I could see to get an idea for what to put.

 

Thanks

Andrew

 

There is no need to be looking at a complaint about a 'bus lane' contravention. An Out of Time witness statement cannot be used to make representation about the penalty charge itself. Also, it is difficult to make representation about a 'bus lane' contravention.

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There is no need to be looking at a complaint about a 'bus lane' contravention. An Out of Time witness statement cannot be used to make representation about the penalty charge itself. Also, it is difficult to make representation about a 'bus lane' contravention.

 

Thanks for the advice Bailiff Advice

 

How should I word the reasons for the complaint on the TE7 and TE9 forms? Or do I just put didn’t receive any correspondence due to moving address?

 

And on updating Jacobs to my sisters financial situation can I write them a letter with a income n outgoing or do I need to ring them? And if I do will I be able to speak on her behalf?

 

 

Thanks

Andrew


We live in a world where seeing is not believing, where only a few know what really happened.

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She doesn't have grounds to appeal against the ticket as it was her fault that no correspondence was received. It was her responsibility to inform the DVLA of a change of address and she didn't. That in itself is enough for the DVLA to fine her. By submitting a PE2 and PE3 stating that she did not change the registered keeper's address, she is placing herself at risk of a fine from the DVLA.

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they only have 6mts

they are out of time


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If she can’t appeal against the ticket can she not get the fine back to the council or will it now have to stay with the bailiffs? She hasn’t got any money to pay up front and I don’t want to put my car or my brothers car at risk from bailiffs

 

Can she make an out of time for not receiving the correspondence?

 

Thanks

Andrew


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She’s happy to pay the ticket with what she can afford on a repayment plan with the council. But if it stays with the bailiffs she’s never pay it off with their fees.

 

Andrew


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can I just clarify something.the very first she knew about this PCN was when Jacobs came on the scene...she has not appealed or done anything to date?


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can I just clarify something.the very first she knew about this PCN was when Jacobs came on the scene...she has not appealed or done anything to date?

 

 

Hi xd100uk

 

jacobs was the first she knew about it. Her v5 had her old address on until Jan 2019 so I assume all the letters from the council went to her old address but since Jacobs letter is dated Feb 2019 that’s why it came here because they had the new address then.

 

Thanks

Andrew


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Jacobs would have traced her.


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thread title updated for clarity of issue


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She doesn't have grounds to appeal against the ticket as it was her fault that no correspondence was received. It was her responsibility to inform the DVLA of a change of address and she didn't. That in itself is enough for the DVLA to fine her. By submitting a PE2 and PE3 stating that she did not change the registered keeper's address, she is placing herself at risk of a fine from the DVLA.

 

Whilst I agree with you that the reason WHY notices from the council had not been received (because there had been a delay in updating DVLA with the address details on the V5C), it doesn't change the fact that the notices were not RECEIVED and this is why the law provides for Out of Time witness statements (or statutory declarations) to be submitted. That is a fact.

 

I would disagree wth you on your point that motorists confirming on Out of Time witness statements that they had failed to update their V5c is placing them ay risk of fine from DVLA. I have submitted two Freedom of Informations requests on this very point to ascertain just how many people have been fined over the past 5 years and there appears to have been NO PROSECUTIONS at all.

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Thanks for the advice Bailiff Advice

 

How should I word the reasons for the complaint on the TE7 and TE9 forms?

 

She cannot use forms TE7 and TE9. These forms are applicable for parking related offence. I suggested these forms after you had stated that your sister had made representation to the council and had not received a response. You posted back to confirm that in fact, no such representation had been made and that the offence was for a bus lane contravention. If so, the forms needed are forms PE2 and PE3.

 

PS: For anyone that may read this post anytime in the future, there is a great deal of confusion regarding the correct forms to be used when submitting an Out of Time witness statement.

 

The governments intention is that all these applications should be submitted as Witness Statements and this is why legislation had been passed 2 years ago to REVOKE forms PE2 and PE3 and replace them with forms TE7 and TE9. Although the legislation was in place, an an implementation date set (April 2017) the legislation was CANCELLED when the Prime Minister issued a snap general election. It has not as yet been placed back on the statute book. Therefore, the present position with the forms is as follows:

 

For all LOCAL authority issued parking contraventions....Forms TE7 and TE9 are needed.

 

For all LOCAL authority CCTV contraventions (bus lane, yellow box junctions, no right turn etc....Forms PE2 and PE3 are needed.

 

For Transport for London congestion charges ....forms PE2 and PE3 are needed.

 

For unpaid Dartford Crossing tolls....Forms TE7 and TE9 are needed.

 

For unpaid Merseyflow tolls....Forms TE7 and TE9 are needed.

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If she can’t appeal against the ticket can she not get the fine back to the council or will it now have to stay with the bailiffs?

 

As she receives ESA and PIP, she is potentially a vulnerable person. She can contact the council and explain what has happened, tell them about he health conditions and ask that the debt is returned. It is at the discretion of the council if it agrees or not.

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Hi everyone thank you for your replies

 

I’m a bit confused now thou on what I need to do tomorrow. I’ve moved all the cars and anything of value from the front. I’m I using the pe2 and pe3 forms for her. And if so am I putting that she didn’t received any of the letters because she had moved address? Also can she go to any court to get it witnessed?

 

Thanks

Andrew


We live in a world where seeing is not believing, where only a few know what really happened.

NatWest Problem *****Refunded*****

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you don't need to put WHY forms were not received

just that they were not..

 

yes ring the council.

you can explain her health etc and that you are submitting forms PE2 and PE3 and the rest of the story ….they might roll things back there and then..

 

it is all already explained by BA in post 15.

 

as for witnessing

that is already explained by PT in post 19.

 

dx


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you don't need to put WHY forms were not received

just that they were not..

 

yes ring the council.

you can explain her health etc and that you are submitting forms PE2 and PE3 and the rest of the story ….they might roll things back there and then..

 

it is all already explained by BA in post 15.

 

as for witnessing

that is already explained by PT in post 19.

 

dx

 

 

Hi dx100uk

 

Thank you for clearing that up will I be able to ring the council for her or would she need to do it?

 

Im going to get her to go to the county court today to get the pe2 and pe3 forms witnessed. I’ll put the following for the reasons on the forms

 

Miss Victoria complains that the council failed to send correspondence relating to a Bus Lane Penalty charge notice.

Miss Victoria has been disadvantaged by this in two ways. Firsty, she has been denied the opportunity to pay the penalty at the earlier 50% discounted rate, and secondly, she has lost the opportunity to appeal the ticket.

 

Please let me know if anything needs to be changed.

 

Thanks

Andrew


We live in a world where seeing is not believing, where only a few know what really happened.

NatWest Problem *****Refunded*****

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I’m on break at 2pm so I could ring the council then to explain the situation to them. Or if my sister has too do it and I couldn’t on her behalf she could do it now. She could also head to the court to get the documents witnessed today.

 

I just need to send them to her but I’m not sure if what I posted above for the reasons will be enough or is right.

 

Any help would be much appreciated.

 

Andrew


We live in a world where seeing is not believing, where only a few know what really happened.

NatWest Problem *****Refunded*****

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you don't need to put WHY forms were not received just that they were not..

 

yes ring the council.you can explain her health etc and that you are submitting forms PE2 and PE3 and the rest of the story ….they might roll things back there and then..

 

Can I just correct you DX. Motorists absolutely MUST provide the reason WHY the Penalty Charge Notice had not been received.

 

If an error had been made with a penalty charge notice (for example; correspondence wrongly addressed......the penalty had already been paid...... or an appeal had been made to the council and there had been no response), then the motorist can request that the debt registration at the Traffic Enforcement Centre be CANCELLED. This is done by simply submitting either a Witness Statement (TE9) or Statutory Declaration (PE3) to the Traffic Enforcement Centre. Such an application must be made within a strict period of 21 days from the Order for Recovery. If payment is not made or a witness statement submitted within 21 days, then a warrant will be issued and the debt passed to bailiffs to enforce.

 

If the motorist had not received the OfR then clearly he would not have been able to submit a witness statement. Therefore, to ensure that he is not disadvantaged, legislation allows him to seek PERMISSION to submit a witness statement LATE (Out of Time) in other words, outside of the 21 day period.

 

In doing so, the motorist must send TWO forms to the Traffic Enforcement Centre. One form will be a Statutory Declaration (PE3). However he must ALSO send another form called a PE2 as well. This form is entitled:

 

Application to file a Statutory Declaration Out of Time.

 

Crucially, the form has the following words:

 

'My reasons for filing the Statutory Declaration outside the given time are as follows: (Please give FULL details)'.

 

So you see, when it comes to an Out of Time (late) statutory declaration, legislation provides that the motorist needs to provide FULL details as to WHY they are filing their Statutory Declaration LATE.

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Hi dx100uk Im going to get her to go to the county court today to get the pe2 and pe3 forms witnessed. I’ll put the following for the reasons on the forms Miss Victoria complains that the council failed to send correspondence relating to a Bus Lane Penalty charge notice.

 

Miss Victoria has been disadvantaged by this in two ways. Firsty, she has been denied the opportunity to pay the penalty at the earlier 50% discounted rate, and secondly, she has lost the opportunity to appeal the ticket.

 

Andrew, as I have already pointed out, the forms need to be from Victoria herself. Furthermore, you simply cannot say the the council failed to send correspondence to her. This is because, they DID send the correspondence to her. They correctly sent correspondence to the address provided by DVLA (which was your sisters previous address). The council have done NOTHING wrong.

 

As I have stated many times, she needs to be providing a reason WHY she is sending the application late. The following is a really rough example which should be modified to suit:

 

I could not send this Statutory Declaration any sooner as I only became aware of this penalty on xxxx

 

The council have informed me that all letters from them had been sent to my previous address. I had already moved from that address before the bus lane offence.

 

I did update my Log Book with DVLA but this was only done in January 2019. The reason why I had not been able to update my address details sooner is because xxxx

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Hi Bailiff Advice

 

So I need to put in the reasons for both forms that she didn’t receive the forms due to her not having the right address on her V5?

 

Sorry you’ve probably already said what I need to do but I’m crap with things like this and I’m just panicking because the clocks running out and I’ve still not rang the council or sent the letters because I don’t no if I can speak on my sister behalf or know exactly what to put in the reasons box.

 

I just don’t want to send them wrong even if there probably going to be rejected. I just want the Bailiffs stopped so we can park are cars back on the drive and my sister can set up a repayment plan to get this behind her

 

 

Thanks

Andrew


We live in a world where seeing is not believing, where only a few know what really happened.

NatWest Problem *****Refunded*****

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