3 year old parking ticket - still alive!

[rezamk]

I was hoping somebody could help me with a rather strange call from a credit agency.

 

 

The call was regarding a parking ticket which remains unpaid from 28/10/2011.

 

 

Please excuse me if I have missed out any of the details,

this is simply as it was so long ago I do not remember the full picture.

 

Looking back through old emails,

this ticket was indeed unpaid as it seemed to have been mis-processed by the council.

 

 

They had not sent me a NTO prior to the charge certificate so I decided to fill in a in a TE9 / TE7

and sent it to the TEC bulk centre ("tec.bulkcentre@hmcts.gsi.gov.uk") in order to appeal the case outside of the 14 days.

 

 

However it appears the council had not submitted the paperwork to the TEC,

but I was still getting letters (unfortunately I can not find these as this is from 3 years ago).

 

I therefore filled in a new Out Of Time witness statement (TE9 / TE7) as advised by the TEC at the time,

and sent it directly to their customer service address (customerservice.tec@hmcourts-service.gsi.gov.uk).

 

 

With the reason stated as below:

 

"Reason(s):

I had not received the notice to owner until AFTER the charge certificate,

and after the time in which I could make a formal representation.

 

 

I would like to request that this process is started from the beginning so that I could get a fair say in the matter.

 

 

This was protested through a letter and told that this could not be processed as the time had already passed.

 

 

I then sent a TE9 but the borough had not submitted it to the TEC.

 

 

The borough suggested to me to submit this form as it is out of their hands to do anything about this.

 

 

I am attempting again to push this through and appreciate your consideration on the matter."

 

 

From this point on the case fell silent. No more letters, emails, phone calls or anything else - until a couple of days ago.

 

I have now been asked to pay a £190 penalty and

 

 

would like to know what my next course of action should be.

 

 

I do not see why I should pay anything but the discounted initial amount, if that.

 

Are there any time limitations on a PCN being chased?

 

 

What information would I require to fight the case and

 

 

who would be the best body to get in touch with?

 

 

Any other information would be much appreciated!

 

Hope somebody could help with this.

 

Thanks VM!

Rez

[dx100uk]

credit agency?

 

 

who?

 

 

dx

[rezamk]

The Zinc Group Limited

[dx100uk]

aha their a rather lowlife DCA

 

 

just remember DCA's are NOT BAILIFFS

they have

NO SUCH LEGAL POWERS

 

 

can safely be ignored

[Jamberson]

First, can you establish with the council in question, that the original PCN is still being pursued? I am not 100 percent sure this is real - could be a trick, or the council trying to pester you into paying rather than enforce it properly.

 

If it is the original PCN, ask them if there is a live warrant against it. (A "warrant" - not anything else like a "debt" or a "case". They need a live warrant.)

 

If the answer to the warrant question is "no" then then aren't enforcing it and you can ignore any communication. However, if the answer is "yes" then you will have to deal with it, via the TE7/TE9 process.

 

If it comes to that, please check the correct procedure here before sending off anything, since some of your remarks above imply that you did not file the forms correctly. No matter - but if it comes to it again, it's best to make sure you get the process correct this time.

[rezamk]

Thanks for your replies. I will call the council tomorrow and find out the whole story.

 

Also, Jamberson, I dont think the mistakes were on my part (they may well have been, but not to my knowledge), the council had not sent the correct paperwork to the TEC and so my TE7/TE9 was initially rejected and then ignored when I resent it.

 

They had also not sent me the NTO - so all in all, a bit strange.

[Jamberson]

The council don't send the paperwork to TEC - you do. If you sent a TE7/TE9 to the Council in the belief that they would pass it on to TEC, then that is a mistake and means you didn't file the forms.

 

Obviously, I don't know exactly what happened, but it's best to check the correct process.