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Midge80

Council PCN oct 2017 - rundles oct 2018 NOE - i paid the council - now enforcement visit.

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Posted (edited)

1. Received a notice of enforcement for a parking ticket in october 2017.

 

2. I was not the registered keeper as it was a HP company

 

3. I sent letters to the HP company who I thought had dealt with it. 

 

4. Received a NOTICE of ENFORCEMENT from Rundles - AUGUST 2018

 

5. Enforcement officer visited and pushed a letter through the door demanding £388.

 

6. Ive paid council £82.00 directly 

 

7. I have submitted a TE9 & TE7

 

8. Enforcement officer is still looking to pursue and is threatening to return over the weekend.

 

9. Council is refusing to accept payment and is passing payment onto the Enforcement Agency

 

What is the next step.

Edited by Midge80

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its rare for courts to grant right of forced entry on a PCN..he would have to apply for that.

deal with the council.

when did you send TE7/9?

have you had a reply?

 

you should still be the registered keeper on v5c regardless to the HP co being the owner of the vehicle??


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Te9 and te7 only emailed today. 

 

The council refused payment, and is sending it over to rundles. 

 

The Logbook wasn’t in my name it was short term lease wher the lease company holds v5

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You would have been responsible for the contravention. Of that, there is no doubt.

 

It is fairly common for a finance company to retain the V5C (Log Book) and have it registered to them. With road traffic contraventions, the finance company would have received the initial notice from the council. They in turn would have responded to the council to request that liability for the penalty be transferred to you. They would have provided the council with your name and address. Again, this is a very common procedure. 

 

The council would have then issued a fresh Penalty Charge Notice to you. If you did not receive any of the notices (which would have also included a Charge Certificate and an Order for Recovery), then I would imagine that the address details held for you by the finance company were not accurate. You would need to check with the finance company. 

 

You mention that you have sent letters to the finance company as you believe that they had 'dealt with it'. What had led you to believe that this was the case?

 

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Thanks BA

 

The vehicle was handed back before the contravention (Short term lease), unfortunately the leasing company didn't send me a report to say it had been handed back. The agreement term covered the date I was there  so it looks as though as I was the driver, yet I wasn't hence the reason I sent the letters back to the Company who leased me the vehicle. There admin team told me over the phone that they will pass it on to the person who had the vehicle after me (I believe it was an employee of the company)

 

I have paid the fine directly to the Council and I will claim this back from the finance/Car leasing company.

 

The bailiff threatened to come round of Saturday/ Sunday but yet he never turned up.

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On 12/07/2019 at 14:00, Midge80 said:

Te9 and te7 only emailed today. 

 

 

Given that an Out of Time witness statement was submitted before 4pm on Friday (which is the 'cut off' time for the Traffic Enforcement Centre to process applications) all bailiff enforcement would have been placed 'on hold' from Monday morning (the next working day).

 

The 'hold' will remain in place for approx 4 weeks awaiting a decision. 

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As I have paid the council directly where do I stand in regards to the fees with the enforcement agency?

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1 hour ago, Midge80 said:

As I have paid the council directly where do I stand in regards to the fees with the enforcement agency?

 

There are plenty of threads on this forum regarding this subject and as confirmed by the courts, you owe the enforcement fees. 

As things stand at this present time,  enforcement of the warrant is 'on hold' so the immediate problem as to whether or not enforcement action will be taken against you is not something for you to be worrying about. 

Edited by Bailiff Advice

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Always get a head ache on this sub forum.

 

You say it is HP then you say a short term Lease.

 

You say you are not guilty because you were not the driver,

Then you pay the authority.

 

I think you have been given advice before the advisor bothered to fully appraise your situation.

 

What happens next? Who knows. I suppose it all depends on the success of your claim


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