Traffic Enforcement Centre- Is It Legal????

[fossn]

Hi

I have been issued an Order For Recovery Of Unpaid Penalty Charge by the TEC on behalf of my local authority.

 

The notice states a Bailiff Warrant Application will be made in 28 days unless I pay the full amount.

 

I made an offer to pay but my local authority refused on the grounds

it would take too long to pay off and ignored my ability to pay( I am disabled and on benefit).

 

I have found info on the net which says the TEC is not a court and has no legal authority to issue warrants. http://www.trafficenforcementcentre.org.uk/index.html

 

However they do not fight the issue of the warrants but take action after the event.

 

I want to stop the local authority now.

I have also read through the DOT Guide to Local Authorties Parking Policy and Enforcement.

 

I have also been told if I start paying at the rate I offered

the council cannot refuse but would this stop them getting the bailiff warrant?

Thanks for reading.

[Jamberson]

If it did get to the warrant stage, then yes their warrants are legal.

 

The council are not obliged to accept payment plans but if you are in financial hardship, you should be able to negotiate with them. You can try raising it as an equal opportunities issue.

 

Can I ask why this wasn't dealt with sooner? Have you been in correspondence with them, or tried appealing it? Have you received their notices?

[fossn]

I fought the ticket at the TPT and lost.

 

I was going to appeal for a judicila review in the high court

but was advised by a barrister that although I was legally correct

something called purposive law acted to allow the council to issue parking tickets for the offence.

 

I had told the council I was issuing an application for the JR

which then didn't happen so they issued the enforcement as they already had the paperwork ready

without negotiating a payment plan with me.

 

Can anyone give me the legislation which covers the creation and responsibilities of the TEC please.

[fossn]

Sorry forgot to ask. If the TEC is a court and issues warrants then I can file a N245 notice against them?

[Jamberson]

I think you are heading up a dead end with this one.

 

TEC is empowered

- I can't quote chapter and verse

- but you may as well accept that the system is backed up by law

- it was the 1991 Road Traffic Act I believe, which created these powers.

 

I think the most constructive advice is to get into dialogue with the council

- speak to their equalities people about your situation

and the high cost of the charge,

 

and the fact that you need a car for mobility.

 

Hopefully they will come to a viable agreement with you, instead of getting bailiffs involved.

[green_and_mean]

If you told the Council you were going to go for a judicial review

its not really surprising they won't accept a payment plan,

 

if you have enough money to waste at the High court

then you should just pay the penalty charge

which has been ruled correctly issued by TPT.

[fossn]

Dear Green and mean

Thank you for a completely irrelevant opinion.

[seanamarts]

I would contact the parking services manager at the council.

 

Explain your hardship and willingness to pay the outstanding amount,

show proof you are on benefits and are disabled.

 

If and when bailiffs do get involved it will triple the amount you owe.

 

It is best to deal with this now with the council before it does get to the bailiff stage.

 

I would also mention the National standards of enforcement agents,

and that you clearly fall under the vulnerable status.

 

Who are the council you are dealing with.

[fossn]

It is North Lincs council. What does being a vulnerable person mean?

[seanamarts]

On benefits/low income. disabled etc.

 

http://webarchive.nationalarchives.gov.uk/+/http://www.dca.gov.uk/enforcement/agents02.htm#part9

[seanamarts]

Email: parking.services@northlincs.gov.uk.

 

Address it to 'The manager'

[fossn]

hi

Thanks for the email address.

 

Thats the one I have been using to correspond with parking services.

 

They replied by letter stating they will let the warrant take its course

because it would take too long to pay them at the rate I was offering

and ignoring all my info on my means and situation.

 

My vehicle is a motability car.

[TheBogsDollocks]

If you are experiencing financial difficulty then councils will often accept a payment plan

when a reputable third party petitions on your behalf.

 

The most used are Citizens Advice and Christians Against Poverty.

 

The latter is very good and you need not be a Christian.

 

Councils are less likely to refuse if these reknowned organisations petition them on your behalf.

 

Google them and phone them for assistance.

 

Act now, don't put it off or the debt will increase.

[seanamarts]

How much is now owed. Can I ask what you offered as in repayment plan

[fossn]

Thanks for the help guys.

 

I offered £5 a week which is genuinely all I can afford with everything else I have to pay.

 

Actually zero is left after I pay everything but thats not an option.

 

I don't drink or smoke or go pubbing or clubbing.

 

I have asked my MP to asist and he has contacted some head honcho at the council to intervene.

 

Lets hope that works.

[seanamarts]

Keep us updated

[HYMN AND MI]

Your barrister should have advised you if s/he thought you were "legally correct" to apply within 14 days to apply for a review at the TPT. Can we see the decision, please, details edited out or PM me it. If you are within 14 days of original decision?

[HYMN AND MI]

What was the original contarvention?

[seanamarts]

Your barrister should have advised you if s/he thought you were "legally correct" to apply within 14 days to apply for a review at the TPT. Can we see the decision, please, details edited out or PM me it. If you are within 14 days of original decision?

CAG do not advise people sending personal details via pm.

[HYMN AND MI]

I meant the decision edited out. With respect, decisions made at the TPT and PATAS are freely open to the public in any case.

[HYMN AND MI]

Sorry to post agfain, but for the last few days I have seemed to have lost all edit facilities. What I mean is, is it not possible for the OP to post up the decision less details such as name and decision number?

[fossn]

The TPT was last year.

 

I applied for a review but it was refused.

 

I had time to apply for a judicial review but the TPT avenue was exhausted.

 

I didn't get the barrister until legal aid was granted for the crown court appeal

against the magistrates conviction of the police tickets.

 

I could still have taken the TPT to a judicial review but wouldn't have had legal aid to do so.

[seanamarts]

PM's are not advised, that means ALL personal information, including names, addresses etc.

[Marincor]

Something isn't right about your case.

 

Did you know about the PCN b4 it reached the OFR stage?

If so, did you appeal?

On what grounds?

Did they reply back to you?

what was the reasons for rejection?

 

These questions may seem late but a disabled driver does not have to pay a PCN in most instances.

 

Also, a bailiff cannot clamp or remove the vehicle of a disabled driver in ANY circumstances,

so I'm not sure what there is for you to worry about as they can't come into your home

unless you invite them in or if you're out one day and you leave a window or door open

and they are allowed to enter under the law of 'peaceful entry'.

 

And in answer to your query regarding the TEC,

 

the warrants for PCNs issued by Northampton County Court are not worth the paper they are written on!

 

I can prove it categorically in law but I need a solicitor who's willing to take on their own kind

before I can do anything about this fraudulent practice.

 

I await your reply.

[fossn]

Hi Marincor

I received a PCN.

I appealed.

it was rejected.

I took it to the TPT.

 

The councils expert witness said I was right to suppose I could legally park where I was.

 

The adjudicator said if the law was ambiguous then she must find in my favour.

 

However she then backtracked and adjourned for the council to submit further evidence.

 

The second hearing found in the councils favour.

 

I know the bailiff law but what they do in practice and what the law says they should do are completely different.

 

disabled people have had their motability cars illegally clamped by bailiffs

and been forced to pay or go to court to get their vehicles back.

 

Also they can't force entry but they do intimidate vulnerable people.

See the CAG forum for cases.

 

I have received information regarding the TEC.

 

They seem to be interpreting the law very favourably to their advantage but are not being challenged through the courts unfortunately.