PCN order for recovery and threat of Bailiffs

Stop or Suspend Enforcement. Appeal the PCN. Claim Damages for Unlawful Interference with Vehicles.
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Dizzychick
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#1 PCN order for recovery and threat of Bailiffs

Post by Dizzychick » 16 Dec 2016 23:13

Hi
Thanks in advance for any help on this.

I incurred a PCN (bus lane) in 2015. Publicly this has been reported in the news as unenforceable as the Council have not complied with regulations on signs. I appealed this informally and then formally with the adjudicator. The adjudicator ignored all valid regulations and points, where I asked for a review as I was supposed to have a hearing by telephone and this did not occur, however this was refused. Local news reports showed that identical tickets had been cancelled at the same location, also that the TPT found for and against the council on the same signage issue on the same day!

Following this because my health had deteriorated significantly, I offered the council to pay in instalments because I am considered vulnerable and could not manage to continue as I was involved in other proceedings. I offered £10 which was accepted by the Council as an initial payment then £5 per month. The council then wrote a letter thanking me for the £10 however stating that as I had not made further payments they could not accept payment by instalments which is why I hadn't made any more because they hadn't agreed it.

Following this I received an order for recovery which stated that a warrant maybe issued and an enforcement agent WILL call at my home.

TEC sent me a letter which was BLANK of PCN details or a date it had been lodged with them despite the order for recovery. They wouldn't clarify anything to me aside from the fact that I should talk to the Council. I cannot lodge an out of time declaration as none of the 3 grounds apply to me?

The Council have been threatening bailiffs however should I receive a warrant before they are instructed? Or would an Enforcement Notice suffice? This is not lodged with TEC, according to TEC? I am a little bewildered and this is impacting on my health. The car this relates to was seized by the police after I had sent it to be scrapped because it failed it's MOT. I sent their letter to the TEC and informed the Council.

If I borrow the money to pay the charge certificate, do I include the Court fee of £8? or pay the original debt of £80? to avoid further action?
I have already offered payment in instalments which has been refused.

I am mostly housebound however have the use of a friends' car when I am able which is my sole means of mobility. I do not have any support or means to park this anywhere else as I live on an estate with high rise flats and I'm terrified that the Council will pursue and that my friend's car will be targeted.

I originally stumbled onto baliffadviceonline whom advised me the Council would not purse this and the baliffs wouldn't bother, also they had 'contacts' at the council and wanted to charge me £65?


Any advice or help is welcome, thanks

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Schedule 12
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#2 Re: PCN order for recovery and threat of Baliffs

Post by Schedule 12 » 17 Dec 2016 10:38

Dizzychick wrote:
The Council have been threatening bailiffs however should I receive a warrant before they are instructed?
No.

Dizzychick wrote: Or would an Enforcement Notice suffice?
Yes, and this is what is looks like.


This is not lodged with TEC, according to TEC? I am a little bewildered and this is impacting on my health. The car this relates to was seized by the police after I had sent it to be scrapped because it failed it's MOT. I sent their letter to the TEC and informed the Council.
A charge certificate can be used to recover the sum owed, but its not authority to break entry to premises.

If the car is gone, then the bailiff will in all probability be unable to recover the sum. No car. No access to property usually = nothing.



If I borrow the money to pay the charge certificate, do I include the Court fee of £8?
Yes.


or pay the original debt of £80? to avoid further action?
I have already offered payment in instalments which has been refused.
The council has no obligation to accept instalments. The law says the money is owed and gives a deadline. Only a successful appeal can change that.

I am mostly housebound




however have the use of a friends' car when I am able which is my sole means of mobility.
Your friends car is safe. The law says the bailiff cannot touch it. Paragraph 10 of Schedule 12 of the Tribunals Courts and Enforcement Act 2007 states:
  • 10An enforcement agent may take control of goods only if they are goods of the debtor.


I do not have any support or means to park this anywhere else as I live on an estate with high rise flats and I'm terrified that the Council will pursue and that my friend's car will be targeted.

I originally stumbled onto baliffadviceonline whom advised me the Council would not purse this and the baliffs wouldn't bother, also they had 'contacts' at the council and wanted to charge me £65?
That doesn't make sense.

Its an £80 PCN and you have been asked to pay £65 on a promise they have contacts inside the council with a power to get civil servants to defraud the town hall of income.

The contact inside the council would be guilty of an offence under section 4 of the Fraud Act 2006, which states:
  • 4Fraud by abuse of position

    (1)A person is in breach of this section if he—

    • (a)occupies a position in which he is expected to safeguard, or not to act against, the financial interests of another person,

      (b)dishonestly abuses that position, and

      (c)intends, by means of the abuse of that position—

      • (i)to make a gain for himself or another, or

        (ii)to cause loss to another or to expose another to a risk of loss.
    (2)A person may be regarded as having abused his position even though his conduct consisted of an omission rather than an act.[/i]


The person charging you £65 to speak to an inside contact at the council, is also guilty of an offence: Section 4 of the Criminal Law Act 1967 states:

  • Penalties for assisting offenders.

    (1)Where a person has committed a relevant offence, any other person who, knowing or believing him to be guilty of the offence or of some other relevant offence, does without lawful authority or reasonable excuse any act with intent to impede his apprehension or prosecution shall be guilty of an offence.




Any advice or help is welcome, thanks

Just get the PCN paid, and leave it there.

However, if you have received a Notice of Enforcement, you must give notice to the bailiff the amount outstanding has been paid. Here is a Template.
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Dizzychick
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Joined: 16 Dec 2016 00:28

#3 Re: PCN order for recovery and threat of Baliffs

Post by Dizzychick » 17 Dec 2016 12:24

Thank you for taking the time to respond to my rather long post.
In respect of the £65 charge, that was to be made to bailiff advice online for them to make the PCN charge go away by using their contacts at the Council. Didn't make sense to me either which is why I left their site.

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Amy
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#4 Re: PCN order for recovery and threat of Baliffs

Post by Amy » 17 Dec 2016 12:26

Dizzychick wrote:Thank you for taking the time to respond to my rather long post.
In respect of the £65 charge, that was to be made to bailiff advice online for them to make the PCN charge go away by using their contacts at the Council. Didn't make sense to me either which is why I left their site.
Good well done.

Dizzychick
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#5 Re: PCN order for recovery and threat of Baliffs

Post by Dizzychick » 29 Jul 2017 12:44

Please can someone check this notice and let me know if I need to call Collect? They've been sending notices on and off all year despite my paying the Council direct in February and notifying them of this. The current notice seems very threatening for me and my health is poor. I have use of a friends car for which I'm the registered keeper (insurance purposes) not legal owner for a limited period which is of low value and I'm worried the bailiffs might target this. I'm not sure why they have said any current vehicle will be taken for auction because on the site it says that low value vehicles are clamped not towed. Does the 7 days notice apply from this? We've had a lot of bailiff activity here over the last 2 weeks and other vehicles being clamped or taken away so this is making me very anxious.
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Schedule 12
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#6 Re: PCN order for recovery and threat of Baliffs

Post by Schedule 12 » 29 Jul 2017 12:59

The Notice is not the prescribed notice. The law says what information a Notice of Enforcement must contain: http://www.legislation.gov.uk/uksi/2014 ... edule/made

The sum demanded is £310. It looks like the bailiff is threatening enforcement to obtain his fees after he knows the enforcement power has ended.

Summer is quiet for bailiffs, they go over historical cases seeing if they can drum up business.
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Dizzychick
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Joined: 16 Dec 2016 00:28

#7 Re: PCN order for recovery and threat of Baliffs

Post by Dizzychick » 29 Jul 2017 15:14

Thanks. This is a demand from an original enforcement notice which I had paid direct to the Council. Jason told me to notify Collect and the Council of this which I did in writing. Since then notices like this have been coming regularly until this one which seems menacing. As my I have use of a car, I'm worried they will target that. Is it likely they will arrive and take it? Do I need to resend the paid notice to them? Thanks for your help

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Schedule 12
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#8 Re: PCN order for recovery and threat of Baliffs

Post by Schedule 12 » 29 Jul 2017 16:03

I would give the notice again, this time record the time on your phone it was given. Send it by text to the bailiff and by email to the bailiff company.

If the bailiff takes an enforcement step, the bailiff and his company have no defence.
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