Jacobs 24 hour removal notice

Stop or Suspend Enforcement. Appeal the PCN. Claim Damages for Unlawful Interference with Vehicles.
Post Reply
gazzetta71
Posts: 4
Joined: 23 Jan 2013 09:13

#1 Jacobs 24 hour removal notice

Post by gazzetta71 » 24 Jan 2017 19:44

I received a hand delivered 24 hour removal notice by Jacobs. This is for an unpaid parking fine by Wigan council. I appealed and did not hear anything further. This goes back to Jan 2016.
Now this has appeared through the letter box.
The problem is that I live in a converted terrace house and both carry the number 187 as does the house on the corner and we constantly get mail go missing , especially as the house is always changing tenants.
My car is on the drive but I've removed the plates as I can't move it but my van is on the road .
Any advice would be appreciated.

User avatar
Schedule 12
Posts: 13272
Joined: 30 Jul 2012 21:23
Location: London WC2
Contact:

#2 Re: Jacobs 24 hour removal notice

Post by Schedule 12 » 24 Jan 2017 20:43

The car is no use to them because there is no means of identifying it. You need to make your van safe.

As you live at an address that is evidence it has an erroneous address, then you can make an affidavit proving non-receipt of the Notice of Enforcement. Section 7 of the Interpretation Act 1978 states:
  • References to service by post.

    Where an Act authorises or requires any document to be served by post (whether the expression “serve” or the expression “give” or “send” or any other expression is used) then, unless the contrary intention appears, the service is deemed to be effected by properly addressing, pre-paying and posting a letter containing the document and, unless the contrary is proved, to have been effected at the time at which the letter would be delivered in the ordinary course of post.
"unless the contrary is proved"

The contrary is proved by the fact you live in a converted terrace house and both carry the number 187 as does the house on the corner.

Here is a template. Add the above comment to it. Then it is sworn before a solicitor, take £5 with you and some photo ID.

Template.

Make copies and send it to Jacobs by email and a copy to the bailiff by text message on his mobile phone.

Then contact the TEC on 0300 123 1059 quoting the PCN number and ask what happened with your appeal, and ask what address the documents were serviced.
Run this Checklist. If no joy, then we'll fix it
Author: dealingwithbailiffs.co.uk

gazzetta71
Posts: 4
Joined: 23 Jan 2013 09:13

#3 Re: Jacobs 24 hour removal notice

Post by gazzetta71 » 24 Jan 2017 21:58

Are they allowed to touch my van as I'm self employed and is necessary to make a living ?

User avatar
Schedule 12
Posts: 13272
Joined: 30 Jul 2012 21:23
Location: London WC2
Contact:

#4 Re: Jacobs 24 hour removal notice

Post by Schedule 12 » 25 Jan 2017 08:36

They will threaten it. But if they remove it, it makes things messy and expensive for the bailiff.

There are a lot of cases going through court about vans being taken, and it's costing them lots of money defending them. The biggest cost is the loss adjusters for loss of income while the van is returned and restored back to good service.

There is a minicab case on HP which has run up a legal bill of over £35K plus £150 a day loss of earnings for over 220 days and continuing. The vehicle has been found held in a compound in Surrey and it has been wrecked in a rear-ender. The bailiff company could have walked away scot free, but chose to fight on. It demonstrates the level of risk some bailiff companies are willing to take when messing with trade goods.
Run this Checklist. If no joy, then we'll fix it
Author: dealingwithbailiffs.co.uk

gazzetta71
Posts: 4
Joined: 23 Jan 2013 09:13

#5 Re: Jacobs 24 hour removal notice

Post by gazzetta71 » 25 Jan 2017 09:38

Thanks for your assistance. I'm going to ask for the court details and pay it online then tell the bailiffs to basically jog on.

User avatar
Schedule 12
Posts: 13272
Joined: 30 Jul 2012 21:23
Location: London WC2
Contact:

#6 Re: Jacobs 24 hour removal notice

Post by Schedule 12 » 25 Jan 2017 09:59

You can pay it online here. https://www.gov.uk/pay-court-fine-online

Telephone Court Service staff and they will mess you about.

Once you have paid it, the law says you must give notice to the bailiff. It can be given by text message on his mobile.

Here is a Template.


Paragraph 59 of Schedule 12 of the Tribunals Courts and Enforcement Act 2007 states;
  • 59(1)This paragraph applies if a further step is taken despite paragraph 58(3).

    (2)The enforcement agent is not liable unless he had notice, when the step was taken, that the amount outstanding had been paid in full.

    (3)Sub-paragraph (2) applies to a related party as to the enforcement agent.

    (4)If the step taken is sale of any of the goods the purchaser acquires good title unless, at the time of sale, he or the enforcement agent had notice that the amount outstanding had been paid in full.

    (5)A person has notice that the amount outstanding has been paid in full if he would have found it out if he had made reasonable enquiries.


"Amount outstanding" is: Paragraph 50(3) of Schedule 12 of the TCEA 2007:
  • (3)The amount outstanding is the sum of these

    • (a)the amount of the debt which remains unpaid (or an amount that the creditor agrees to accept in full satisfaction of the debt);

      (b)any amounts recoverable out of proceeds in accordance with regulations under paragraph 62 (costs)
    .
There are no "proceeds" because no goods have been sold. That leaves (a), the amount of the debt which remains unpaid.
Run this Checklist. If no joy, then we'll fix it
Author: dealingwithbailiffs.co.uk

User avatar
Pote Snitkin
The Watcher
Posts: 6571
Joined: 28 Apr 2014 09:43
Location: In your loft, waiting

#7 Re: Jacobs 24 hour removal notice

Post by Pote Snitkin » 25 Jan 2017 13:32

Jason, you're getting in a bit of a tizzy. This isn't for a court fine. The OP needs this link. https://www.gov.uk/parking-tickets/paying-a-ticket
On 29/07/17, Compo said "If you are interested I actually typed the word label. My spell checker interpreted it as liable" Discuss.

User avatar
Schedule 12
Posts: 13272
Joined: 30 Jul 2012 21:23
Location: London WC2
Contact:

#8 Re: Jacobs 24 hour removal notice

Post by Schedule 12 » 25 Jan 2017 15:04

I read the words - I'm going to ask for the court details and it put me in court fine mode.

Looks like I need a watchdog.
Run this Checklist. If no joy, then we'll fix it
Author: dealingwithbailiffs.co.uk

User avatar
Pote Snitkin
The Watcher
Posts: 6571
Joined: 28 Apr 2014 09:43
Location: In your loft, waiting

#9 Re: Jacobs 24 hour removal notice

Post by Pote Snitkin » 25 Jan 2017 19:50

I reckon you've got plenty already....
On 29/07/17, Compo said "If you are interested I actually typed the word label. My spell checker interpreted it as liable" Discuss.

User avatar
Schedule 12
Posts: 13272
Joined: 30 Jul 2012 21:23
Location: London WC2
Contact:

#10 Re: Jacobs 24 hour removal notice

Post by Schedule 12 » 25 Jan 2017 20:51

None that count for anything. Only cry-babies throwing their toys.
Run this Checklist. If no joy, then we'll fix it
Author: dealingwithbailiffs.co.uk

Post Reply