Fiance paid Highways England ticket but they are still sending a Bailiff

Stop or Suspend Enforcement. Appeal the PCN. Claim Damages for Unlawful Interference with Vehicles.
Post Reply
kassim3
Posts: 1
Joined: 08 Dec 2016 14:59

#1 Fiance paid Highways England ticket but they are still sending a Bailiff

Post by kassim3 » 08 Dec 2016 15:03

Hi everyone,
My fiance had a ticket issued to her a few months back and she paid it in full to Highways England. They then recently sent her this letter http://imgur.com/a/q7BSB
She called them up told the operator the situation and he confirmed that she did pay but couldn't verify why the payment was made....The operator said she has to contact the Appeals team. So today she called and the guy on the phone said that she can appeal for it however it could take 3 -6 weeks and the bailiff could still come and they could reject the appeal as well. We're getting married in 3 weeks and she already has a lot going on. Is there anything we can do to stop the bailiff from coming or to make this whole situation go away. It so ridiculous that she made the payment and now she's in this situation even though they verified she made the payment!!!

User avatar
Schedule 12
Posts: 13227
Joined: 30 Jul 2012 21:23
Location: London WC2
Contact:

#2 Re: Fiance paid Highways England ticket but they are still sending a Bailiff

Post by Schedule 12 » 08 Dec 2016 15:47

kassim3 wrote:Hi everyone,
My fiance had a ticket issued to her a few months back and she paid it in full to Highways England. They then recently sent her this letter http://imgur.com/a/q7BSB
She called them up told the operator the situation and he confirmed that she did pay but couldn't verify why the payment was made....The operator said she has to contact the Appeals team. So today she called and the guy on the phone said that she can appeal for it however it could take 3 -6 weeks and the bailiff could still come
That is not true.

The law says enforcement is suspended until the outcome of the appeal is decided. Paragraph 8.1 of (Green Book) Practice Direction 75 states:


  • Applications to suspend a local authority warrant of control
    8.1 Where –

    (1) the respondent makes an application under paragraph 5; and
    (2) before that application is determined, a local authority warrant of control is issued,
    the local authority must suspend enforcement of the local authority warrant of control until the application for an extension order is determined.

and they could reject the appeal as well. We're getting married in 3 weeks and she already has a lot going on. Is there anything we can do to stop the bailiff from coming or to make this whole situation go away. It so ridiculous that she made the payment and now she's in this situation even though they verified she made the payment!!!
An application under paragraph 5 is making an out of time statutory declaration:

  • Application for longer period for filing of statutory declaration or witness statement
Run this Checklist. If no joy, then we'll fix it
Author: dealingwithbailiffs.co.uk

Post Reply