Removal of my car

[diskmandave]

Impound staff went to check the car then came back & told me that yes they could now see the relatively large envelope with the number written on it

 

The picture of my car sent by the council does not show the envelope on which I wrote the temp permit number; so it must have fallen down.

 

If I may ask a question...

 

In post #1 you say that the impound staff confirm that the number was

on display, but now you say that it must have fallen down, can you clarify?

[Jamberson]

Hi a Very Happy New Year to everyone.

I've received a letter from the Parking & Traffic Appeals Service asking me to attend an appeal hearing in early February. It does also say that if I do not attend the adjudicator will make a decision based on the evidence submitted by me & the council. I don't feel confident standing in front t of an adjudicator reciting Traffic Management Act etc.

The picture of my car sent by the council does not show the envelope on which I wrote the temp permit number; so it must have fallen down. I think my only real argument, is a procedural one eg that I was not given the 28 days to pay the PCN fine when I went to collect my car from the impound.

Should I therefore attend the hearing?

 

Yes, attend the hearing. You will not be standing - you will be sitting in front of a table. Next to you will be a council bod and across the table, the person who's going to rule on the case. It's very informal. You are treated as a lay person, not a legal person and not a parking expert. You won't need to quote the Traffic Management Act. The person hearing the case will ask you a few questions to clarify things. Nothing to worry about, and if you lose the case, you're no worse off than now. I've been to a number of these, and they are all very courteous, routine and straight-forward events.

[00765]

Hello I’ve just seen a letter from Northampton county court dated late May 2011 regarding a ticket originally issued in March 2011. The letter was sent to an address which I am currently not residing at.

Is there any way I can stave off the bailiffs & have the ticket rescinded back to the £60.

 

Many Thanks

[hallowitch]

hope this helps read post by tomtubby

 

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?251314

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?252408

[maroondevo52]

Hi,

 

I've moved this thread to the appropriate Forum.

 

Regards.

 

Scott.

[fork-it]

Is there any way I can stave off the bailiffs & have the ticket rescinded back to the £60.

 

Two schools of thought.

 

1. Do a late appeal, on the grounds you changed address and did not receive the Notice to owner or the PCN in the post. Call Northampton 08457 045007 quoting your PCN number.

 

2. If the bailiff does not have your current address then your ticket will probably come to nothing. Wait until contact at your current address is made then file your late appeal. That stops enforcement and cancels all bailiff charges.

 

Otherwise you may be asked how you saw correspondence from your previous address you did not receive.

[00765]

My car was clamped today even though it was parked off street on private land. I had to pay ( in fact my mother came to the rescue & paid the ) £951, which was just to stop the bailiff from towing my car away to a pound some 30 miles away. All stemming from a notice to owner i never received.

 

Can i appeal this and at least get some of what was in effect my months mortgage payment back? Thanks

[fork-it]

Reclaim it from the council using the small claims track. £900 is way over the top.

 

Cite Case No 8CL51015 - Anthony Culligan (Claimant) v 1. Jason Simkin & 2. Marstons (Defendants). Before District Judge Advent 9th & 24th September 2008.

 

Name the bailiff company as a joint defendant, that will get them into court. Dont accept anything less, you want 100% of your money back.

 

Did you pay using a credit card, if yes, then reclaim it using a chargeback. The grounds the merchant made a false representation to get you to make over a credit money transfer. Section 75 of the Consumer Credit Act 1975.

 

Was the car in finance? if yes, then you recover the money on the basis the goods did not belong to the debtor.

[00765]

Hi fork-it, thanks for your quick reply. I bought the car cash so no finance.

 

Do i not send some kind of form to northampton county court indicating that i did n ot receive the notice to owner?

[00765]

i was told that i had to pay cash. so my mother paid £951 cash. the bailiff company was newlyn

[brassnecked]

i was told that i had to pay cash. so my mother paid £951 cash. the bailiff company was newlyn

 

They are obviously catching on to the credit card chargeback scenario, do as Fork-it says and get the case rolled back then take newlyn and the council to court as joint defendants

[00765]

Thanks brassnecked. I have no clue as to how to even initiate the small claims. Fort-it, is there a template i should follow? I'm still in a state of utter shock & outrage & my head is just not clear enough right now, to put together any argument. Is there a formate i should be following? Sorry to ask but i just have no idea. Thanks

[fork-it]

There is no template, but I can knock together some claim particulars specific to your case. What do you want to do? reclaim from the council & bailiff jointly? or go thru the Local Government Ombudsman and police investigation route?

 

If i write your claim POCs for you, I do so without any liability and I need you to agree to that in the forum.

[MARTIN3030]

Have created a thread for you here.

[00765]

Hi fork-it, I'd like to reclaim from the council & bailiff jointly. Thanks

[tomtubby]

It is a simple matter that you need to file an IMMEDIATE Out of Time Statutory Declaration with the Traffic Enforcement Centre.

 

The application can be made on the basis that all statutory notices had been sent to a previous address. Once the application has been sumbitted, ALL enforcement must then cease until the application has been determinded.

[CAGBot]

Lee Vodafone Company Rep has reported a post.

 

Reason:

Hi guys,

 

Could you remove the account number from this post?

 

Thanks,

 

Lee

Post: PLEASE tell me what to do with this CCJ/DEFAULT

Forum: Debt management and Debt self-help

Assigned Moderators: N/A

 

Posted by: abby1234519

Original Content:

I think the reference number from the email replies from vodafone are

#6881680

 

 

the account number was 681959411

[42man]

Done

[00765]

Thanks tomtubby, does filing an IMMEDIATE Out of Time Statutory Declaration with the Traffic Enforcement Centre get me the £951 back? Thanks

[00765]

Hi Fork-it i would be grateful if u can assist with drafting particulars. of course i do not hold u liable for whatever u write. Thanks

[tomtubby]

Thanks tomtubby, does filing an IMMEDIATE Out of Time Statutory Declaration with the Traffic Enforcement Centre get me the £951 back? Thanks

 

When you posted on 26th June you did NOT mention that you had paid !!!

 

This is AWFUL. The bailiff companies have all been made aware YET AGAIN that they MUST NOT enforce an unpaid PCN at a new address (established by them).

 

Which company was this and which local authority?

 

Was you car located by ANPR?

 

You need to file an Out of Time Application asap.

[tomtubby]

What you SHOULD be doing is filing an Out of Time Statutory Declaration at the Traffic Enforcement Centre. This is the CORRECT procedure if you had not received a Notice to Owner.

 

You started another thread on 26th June and I assumed that you had filed an Out of Time Application on that same date.

 

Did you do this?

 

If so, what date was the Out of Time Application sent to TEC?

 

What date was the car clamped?

 

Was it clamped after being detected by ANPR or was it clamped outside of your home?

[00765]

Morning, 1st just to clarify, the CAG moderator moved my thread elsewhere. I just noticed myself late last night, that this thread also appears to be in another forum.

I'll just continue here until I hear different from a moderator.

Back to the PNC & bailiffs, Tomtubby, no I did not pay the PNC because I never received it. What i received was a letter form northampton county court. (when i went to the property on 26 June 2011, hence i started the thread on 26 June 2011). I am not currently residing at the address that the bailiff said the letters were sent to. In addition, I went to the address again, after my parents had paid the £951 and there was no PNC letter or letters from the bailiff saying that they had attended the property, yet the bailiff told me that part of the £951, was for bailiffs having allegedly attended the property three times.

The car was clamped after being detected by ANPR in a private parking area

[tomtubby]

Thank you for your explanation. You did post on 26th June to state that you had received notification and somebody on CAG advised you on that day to look at a post of mine that provides details on filing an Out of Time Application.

 

I was simply wondering why you did not file the application on 26th June when you first posted as your car was not clamped until 12th July.

 

Which bailiff company was this and which local authority?

[00765]

Good question Tomtubby, basically I’m just consumed with trying to deal with numerous debts which have accumulated & just did not get round to it (stupid me)

The local authority is Croydon & the bailiff is Newlyn