Bailiffs chasing a paid PCN

[Screwedup81]

I received a Notice Before Removal from Phoenix Bailiffs for two Unpaid Penalty Charge. I had however made a direct payment for the other PCN using an automated system to the Local Authority and it has been about 2months now since I made the payment. I phoned the LA and they confirmed receipt of payment but that I still have to pay the fees and the remainder of the payments direct to the Bailiffs .The Local Authority informed me that the other unpaid pcn was issued 3years and do not seem to recall this or have details regarding this one.

 

I am now looking for help as to what I can do next.

[caledfwlch]

As far as I know, if the debt is satisfied bailiffs can bugger off. they cant use their Baliffy powers for fees....

[fork-it]

The PCN is paid, therefore the bailiffs fees can be disregarded.

 

JBW Enforcement Ltd v City of Westminster [2009] EWHC 2697 (QB), the Judge, Mr Justice Jack said:

 

Thus the bailiff gets paid only through the process of execution: if he becomes entitled to charge fees, but does not continue with the execution process, he will not recover them and he cannot sue the debtor for them.

 

http://www.bailii.org/ew/cases/EWHC/QB/2009/2697.html

[Screwedup81]

The PCN is paid, therefore the bailiffs fees can be disregarded.

 

JBW Enforcement Ltd v City of Westminster [2009] EWHC 2697 (QB), the Judge, Mr Justice Jack said:

 

 

 

http://www.bailii.org/ew/cases/EWHC/QB/2009/2697.html

 

What about the other PCN they are chasing? Should they be combining these two together? I have no recall on this PCN but the council said this was issued 3 years ago. The original chase was for the recent paid PCN but the council seem to have picked on the old PCN and passed this over to Phoenix Bailiffs?

[tomtubby]

I received a Notice Before Removal from Phoenix Bailiffs for two Unpaid Penalty Charge. I had however made a direct payment for the other PCN using an automated system to the Local Authority and it has been about 2months now since I made the payment. I phoned the LA and they confirmed receipt of payment but that I still have to pay the fees and the remainder of the payments direct to the Bailiffs .The Local Authority informed me that the other unpaid pcn was issued 3years and do not seem to recall this or have details regarding this one.

 

I am now looking for help as to what I can do next.

 

I am shocked to hear that the PCN was 3 years ago. Have you checked to find out what date the Warrant of Execution was issued?

 

If you have paid the PCN then it is simple matter for you to complete an Out of Time Statutory Declaration using forms TE7 & TE9 and on the TE9 you need to tick the box stating that you have paid the PCN.

 

On the other PCN, you can also file Out of Time Applications but on the TE9 you need to tick the box to state that you had not received a Notice to Owner.

 

Very important point is that you MUST contact the Traffic Enforcement Centre and ask them to confirm the date of each warrant and the address on each . All local authorities know that if the address has changed that the bailiff should not enforce the warrant.

The telephone number for TEC is 08457 045 007.

[fork-it]

What about the other PCN they are chasing? Should they be combining these two together?

 

Yes.