3/4 year old parking tickets, what to do?

[tendom]

My partner has at least 3 old parking tickets on a previous car they have been referred to Bailiffs.

 

It has been a few years but I know they will catch up on him. Is it possible to go to the court involved and pay the fines?

 

They have been passed to at least a second bailiff.

 

I know about Equita. But does anybody know Jacobs from Mersyside and Stock on Tees - could not find them on companies house and they now have one of the debts. Fortunately it has not yet gone up.

 

Not sure what to do. Help please.

[PizzaMaker]

Are the parking tickets 3 to 4 years old or are they just old parking tickets.

 

When the councils send out the accounts relating to parking fines they will send them out to one of their providers. If the account is returned by bailiff company to the council then they may send these accounts out to another company to see if they can obtain payment.

 

Remember that the warrant is only valid for 1 year from the date the warrant is produced. The council can then reapply for another warrant once it has expired.

[tomtubby]

If these tickets are as old as you say, then it is without a doubt that they are void and uncollectable. This is becasue of the landmark court ruling last year in the case of Barnet v Moses. You can read more about this in the parking section.

 

Pizzamaker. Correct me if I am wrong, but my understanding is that once the warrant has expired (one year) it cannot be renewed or a new warrant issued.

[tendom]

Yep they are that old - 2004. He now has a different vehicle.

 

Thanks for the responses.I have some similar questtions...

 

I decided to try and sort them. So I went to the council websites to see if he could get away with the Bailiff charges and pay the council usual £150ish charge as opposed to £300+

 

I found that the councils said that the tickets had no outstanding balances or were already paid. I printed these.

 

I phoned Ealing and they said that the ticket was not paid but withdrawn/cancelled.

 

a) Now that I enquired can they reinstate the ticket?

 

b) If the Council have withdrawn it and it was passed on to bailiffs can they still chase the debt?

 

c) And would they accept the website print offs as proof?

 

Equita are the only o/s one for Lambeth chasing one dated May 04.

 

Thanks will now read Barnet v. Moses

[sequenci]

were the tickets issued via the Traffic Enforcement Centre in Northampton or are they Magistrate's court fines?

[tendom]

Traffic Enforcement office via Northampton.

 

BTW read the case, Lambeth's parking tickets/notice to owner have the words 'Notice date' as opposed to date of issue.

 

And the one put on the car does not say 'contravention date' just 'was seen by..parking attendant.on...place..at...11:28 on 12/12/06'

 

Does that follow the format?

[tomtubby]

This is really a question that should be on the parking section, but anyway here goes....

 

Parking tickets MUST have 2 dates on the body of the ticket ( the tear off is not relevant). The dates MUST be Date of Notice AND Date of Contravention. For further info go to GOOGLE and in the search bar type Barnet v Moses and you will find details. Far easier is the following press release from the London Motorist Action Group (LMAG):

 

......................................

 

 

From: London Motorists Action Group:

 

Barnet Council today lost its application for Judicial Review of the Parking and Traffic Appeals Service (PATAS) decision Barnet V Moses. Barnet Council’s parking tickets were judged to be INVALID in a landmark case decided in the High Court today. Mr. Justice Jackson ruled that Barnet’s parking tickets were invalid as they did not have two dates on them, one a date of contravention and the other a date of issue. In the case of Hugh Moses – v - Barnet, Barrie Segal the founder of www.AppealNow.com™, represented Mr. Moses at the Parking Adjudicator and challenged the validity of Barnet Council’s parking tickets on the grounds that they did not have a date of issue.

 

Two separate Parking Adjudicators upheld Mr. Segal’s argument and agreed that Barnet Council’s parking tickets were invalid. Barnet Council took the matter to the High Court and challenged the decisions.

 

Today’s test case decision by Mr. Justice Jackson ruled that Barnet’s parking tickets were invalid as they did not have two dates on them, one a date of contravention and the other a date of issue. He also said that any parking ticket needs those two dates to be valid. Barrie of www.AppealNow.com™, who has also successfully challenged the validity of parking tickets of Lambeth and Tower Hamlets says “This is a stunning victory for motorists who have had to put up for years with arrogant councils whose parking tickets were invalid. Barnet Council is the worst council - they have even sent bailiffs in to repossess and sell the car of a blue badge driver, all based on these illegally issued parking tickets. This legal precedent also in my view opens up a huge problems for Councils all over the UK” Says Barrie “Parking tickets have to comply with a strict legal requirement. Under the Road Traffic Act 1991 the date of issue, amongst other things, must be shown on the parking ticket. In the Barnet and other cases it was not.

 

For more info refer to: www.lmag.org.uk

[tendom]

Besides this website, I would really like to know where you members get all your info from about our rights, injustices etc. The info from the previous post...I heard absolutely nothing about it and I am in tune with current affairs.

 

Thanks for the previous.

 

If you paid an invalid ticket and it went through to Bailiff stage are the council liable to pay the motorist that back also?

[sequenci]

For Parking CHARGES via TEC the bailiff's warrant is valid for 12 months.

[tendom]

After the 12 mths does it get referred to another bailiffs or is that it and the ticket considered written off?

[tomtubby]

A new warrant cant be issued.

[tendom]

Thanks - I can rest assured now that I know my partner doesn't have anyone else after him- bills/bailiffs bothersa me alot more than it does him:)

[PizzaMaker]

A new warrant cant be issued.

 

i am afriad that a new warrant can be issued.

[tomtubby]

This extract is from the TEC's own Code of Practice :

 

EXECUTION AND EXPIRY OF A WARRANT OF EXECUTION.

 

9.21 On receipt of an authority from the TEC for the issue of a warrant of

execution, the Local Authority shall produce the warrant (PE9) within

 

seven days

from the date of authorisation (see Annex 17).

 

9.22 A copy of the warrant must be forwarded to a Certificated Bailiff for

execution. The warrant must be enforced as a county court warrant.

The certificated bailiff must have the warrant in his personal possession

when he visits a person or premises with a view to enforcing it and he

must produce it on demand to anyone who has reasonable grounds to

see it.

 

9.23 As the warrant is, effectively, a county court warrant it takes its priority

from the date the Local Authority applied for its issue. A warrant is valid

for one year, and will not be extended.

 

9.24 The Local Authority shall withdraw an unsatisfied warrant from the bailiff

12 months from the date of issue. The TEC will therefore consider a

warrant to have ‘expired’ one year and seven days after the date of

authorisation.

 

9.25 Warrants cannot be renewed.

 

[PizzaMaker]

The same warrant can not be issued but you can apply for a new warrant on the same contravention.

 

Ticket issed 1 Jan 06. Warrant issued 1 May 2006, warrant expires 8 may 2007. The council can then ask for a new warrant to be issued on the same ticket issued date of contravention offence.

[tendom]

Ok - but I take it from previous posts that the council can still chase a ticket with a different bailiff in which case a person can be chased indefinitely

 

I read the moses v ... case and gather that tickets from a previous period aren't valid. But I have the Enforcement notice and all the info seems accurate 2 dates etc.

 

Not that a ticket is time sensitive. Am i wrong?