Royal Borough of Kensington and chelsea

[one england captain]

I have recieved a letter from task enforcement saying i owe them money for a parking fine i got in oct last year whilst parking outside the royal brompton hospital in a disabled bay ( my wife is disabled and i had disabled parking card displayed)

I phoned the royal borough of kensington and chelsea traffic office and said i never recieved no parking ticket and they replied we have a picture of it when it was put on the car and have sent us several notifications of this ... now i never got a parking notification ticket at all and the only letters we have recieved is from task enforcement demanding £198,16

 

What do i do ? it seems as though my hands are tied here please help

[sailor sam]

Was it issued by Royal Borough of K & C council or hospital trust?

 

__________________

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The advice I offer will be based on the information given by the person needing it. All my advice is based on my experiences and knowledge gained in working in the motor and passenger transport industries in various capacities. Although my advice will always be sincere, it should be used as guidence only.

 

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[one england captain]

Royal Borough of K & C council

[Jamberson]

You need to file an Out of Time Statutory Declaration.

 

Go to the Traffic Enforcement Centre website, and check out the info. It will tell you what to do.

 

Read this link: Info about - County Court Bulk Centre - Traffic Enforcement Centre

 

the paragraph "what should I do if the bailiff has been instructed..." applies to you.

[lamma]

read up on N244s. odds are the OOT will be refused - as it will be the bailiffs doing on the part of the council !! and odds are the contract says refuse all OOTs. File the OOT with the TEC by FAX asap. this will stop the action - but make sure you also notify the council and the bailiff same day by fax that the declaration is lodged with the TEC and the action stopped. the TEC will help you - ring them first thing in the morning. keep the car locked in garage if you can. some bailiffs 'jump the gun'. They also cheat on the other side off the OOT process. Tomtubby will have posted about that for sure. have a search here and on the bailiff forum for her comments re this.

[sailor sam]

If you were parked in a disabled bay and were displaying a badge, what was their explaination for issueing a ticket in the first place?

 

__________________

Please Note

 

The advice I offer will be based on the information given by the person needing it. All my advice is based on my experiences and knowledge gained in working in the motor and passenger transport industries in various capacities. Although my advice will always be sincere, it should be used as guidence only.

 

I would always urge to seek professional advice for clarification prior to taking any action.

 

Please click my scales at the bottom of my profile window on the left if you found my advice useful.

[one england captain]

sam they say the bay was suspended

[sailor sam]

sam they say the bay was suspended

 

Was there any signage saying this?

 

Please Note

 

 

The advice I offer will be based on the information given by the person needing it. All my advice is based on my experiences and knowledge gained in working in the motor and passenger transport industries in various capacities. Although my advice will always be sincere, it should be used as guidence only.

 

 

I would always urge to seek professional advice for clarification prior to taking any action.

 

 

Please click my scales at the bottom of my profile window on the left if you found my advice usefull.

[one england captain]

apparently so according to k&c

[sailor sam]

apparently so according to k&c

 

No, not according to them... according to you, was there any signage stating the bay was suspended?

 

Please Note

 

 

The advice I offer will be based on the information given by the person needing it. All my advice is based on my experiences and knowledge gained in working in the motor and passenger transport industries in various capacities. Although my advice will always be sincere, it should be used as guidence only.

 

 

I would always urge to seek professional advice for clarification prior to taking any action.

 

 

Please click my reputation button at the bottom of my profile window on the left if you found my advice useful.

[sizzler1893]

The Disabled Parking Regulations in Kensington and Chelsea differ to other Boroughs and Councils - its all in the handbook.

[green_and_mean]

So you never got a PCN despite photos of it on the car, never got a notice to owner either and finally never got a charge certificate or an order for recovery??

[one england captain]

No never recieved a pcn whatsoever

 

to top things all off the vehicle is in the wifes name and she is in hospital ...has been for past few weeks so cant do a stat dec oath and county court and two massive balliffs turned up on my doorstep this morning demanding £629 !!

 

And to be honest i aint got that lying around anywhere at the moment ....

what do i do if they turn down the application ? how do i pay the balliff ?

[Jamberson]

They will seek to clamp the car if this is not formally contested, and if you can't pay, they will take it and sell it at auction. You can try hiding it from them, but it's a game of cat and mouse, and they'll be constantly keeping an eye out for it.

 

You started the thread with "I received a letter saying I owed them money" and have been given advice accordingly. Now you mention the car is in your wife's name so presumably they have written to her, and the letters were to her, saying she owes the money - and you say she can't file stat decs as she's in hospital? Why didn't you tell us that in the first place? It would help you to get the right advice - if she is liable, YOU cannot file anything or contest this in any way unless you have power of attorney.

 

So, we need to know the facts - is this her liability or yours? If hers, is she likely to be discharged soon? and will she be able to deal with this in the near future? If not, do you have power of attorney for her?

[one england captain]

this is my wifes liability but we didnt get no pcn on the car or correspondence at all

And i do know they cant take the car as it a mobility one

 

What we are doing is contesting it with a stat dec hopefully she will be able to get to the county court to do an oath so we can get that running as i dont have power of attorney what i do know is we never got anything i am the driver of this vehicle

 

In the meantime what do i do with the bailiffs ? ive told em the situation and await there extra charges again which in 3 weeks have spiralled from £198 to £629

[Jamberson]

OK, so your wife is going to deal with this. What I would suggest is that you contact the council and explain everything. Maybe talk to a manager. They have the ability to put things on hold for a while, so you can sort things out. The circumstances you describe sound reasonable, and they may well agree to suspend bailiffs for a few weeks which will give you time. If not, you'll have to keep the car out of the way as much as possible, as it is at risk.

[tomtubby]

I am sorry but it would appear that you have the WRONG form. Your wife should be completing the TE7 & TE9 and you have the PE2 &PE3. The CORRECT forms do NOT require being sworn and merely require being signed by your wife.

 

If you had not received any statutory notices you should ring the Traffic Enforcement Centre on 08457 045 007 and ask them to confirm what address is on the Warrant of Execution. If if is your CURRENT address ask them to confirm whether the local authority have applied to CHANGE the address on the Warrant.

 

You need to be aware that if the statutory notices had been addressed to a PREVIOUS address, the bailiff will DATA CLEANSE the warrant to establish a NEW address. This is very common indeed .

 

However, if the address had changed, the bailiff SHOULD NOT enforce the warrant and instead, the local authority should reissue a new Notice to Owner etc. This is confirmed under section 10.70 of the Operational Guidance to Local Authorities.