I received a PCN which was issued by a CCTV vehicle instructed by Havering Council in 19/04/2014.
When I received the PCN I appealed it on grounds that I was dropping off my heavily pregnant wife - 'Person alighting from a vehicle'
The appeal was rejected but I did not receive a 'Notice of Rejection' letter.
I then received a 'Charge certificate' without any reply from my appeal. I emailed Havering Council parking but was told that because a charge certificate was issued there was no grounds of appeal nor could the fine be paid at the lesser amount and I could only wait for a witness statement to be posted and filled in.
I received a letter stating I needed to pay or fill in the witness statement by 02/12/2014.
I submitted a TE9 Witness Statement on 18/11/2014 by email to an email address printed on the letter on the grounds that I hadn't received the rejection notice.
I was told a decision could take a few months.
On 13/02/2015 my wife was home with our 8month old daughter and had a knock on my front door from a bailiff stating that he had a warrant to seize my vehicle on behalf of Havering Council for an unpaid PCN.
I had not received any letters from Havering Council, nor a 'Notice of Enforcement' from the bailiff giving seven clear days before his attendance.
Had I received anything, I would have sorted this out ASAP, without the threat of my vehicle being seized especially as I need it for work.
His attendance was a total shock to my wife and I.
I contacted the court on 13/02/15 and was told that the email address on the letter sent out was incorrect. Therefore I have submitted a TE7 'out of time request.' and a TE9 'witness statement.' to the correct email address. I have an acknowledgement email for the submission and was told any bailiff action will be put on hold.
I have informed the bailiff and they have said they have not received any notice from Havering Council to suspend any action.
I feel that I can't be penalised for a letter having an incorrect email address, I had submitted the TE9 within the time limit.
I believe the procedure after my appeal has been unfair and by not receiving letters in the post, I am being issued a higher fine and bailiff costs.
I haven't received a 'Notice of Enforcement' therefore the bailiff turning up at my door is a breach of The Taking of Goods Regulations; regulation 6. He also didn't give me a copy of the warrant or a break down of supposed charges.
I have been told that I need to supply evidence that I didn't receive any letters before his attendance. How can I do that? Usually it's proof of postage - confused.
I am awaiting to hear if my TE7 out of time is accepted or rejected.
Any advice would be greatly appreciated.