PCN. Bailiff fees and mum who needs help please!!

Stop or Suspend Enforcement. Appeal the PCN. Claim Damages for Unlawful Interference with Vehicles.
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faye123
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#1 PCN. Bailiff fees and mum who needs help please!!

Post by faye123 » 07 Feb 2017 22:51

Hello,

Im going to pre worn you there will be spelling mistakes in here as I am a dyslexic and find reading and righting very difficult so please be kind.
Ok so on the ……………………… I went in to a bus lane as my 2yr old who has allergies said her mouth was ichy as she had just had a sandwich, my first thought was to get out of the traffic and give her her meds. So I used the bus lane turn off and pull up on the nearest side street gave her her meds and got her home.

When the PNC arrived, I explained the situation and sent copies of my daughter’s medical notes. I received a notice of rejection on saying they could not see my draughts name. I used the website to resend the information and waited for a reply.
I January I received a bailiff letter I called them up they said I had to call the court and let them know. I forgot to do it!
Then my neighbour hands me a bundle of letters he had been put in his box that he rarely checks!
I called them the other just to pay £203 it as I had forgot to sort it out. Only to find out I had two outstanding tickets the other one incurring fees of £235 = £500+. For one ticket! This ticket I actually paid by my card to use the bay, however I read the sign wrong, as it was only for one side of the road. When I contested this ticket I did not realise this at that time, I just stated I had paid to park using my card.
I know I shouldn’t have left it and that’s my fault. However £800 pounds for two tickets is a huge sum of money I’m a single parent and a student.
I called equtra and tried to explain I didn’t get the letters she was so rude she spoke to me like I was something she had step in saying they will came and take my car if don’t pay. I hung up and called a debt line and a lady told me to hide my car and I had to fill out a t9 and te9 form and to pay only what I can.
So I called equtra and then spoke to a man who then said they are cannot take the £203 payment as it has been handed to a bailiff agent and I can only deal with him now. I then called the mr O and a few times and then he picked up. I told him I would like to pay some money but I cant pay it all he said they need to recover the money. I explained I had called the debt line and I was told I could set up a payment plan calculated by my outgoings. His reply was he needed to call the office to see and he would call be back. He didn’t I called him around ten times, left two messages and sent him a text.
Still nothing from him. I called back the office and I was told that I just have to keep calling. Today I have call him continually and nothing! I waited for over an hour today to the debt line in the end I gave up!

Please if anyone has any advice please help!!

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#2 Re: PCN. Bailiff fees and mum who needs help please!!

Post by Schedule 12 » 07 Feb 2017 23:30

faye123 wrote:
07 Feb 2017 22:51
Hello,

Im going to pre worn you there will be spelling mistakes in here as I am a dyslexic and find reading and righting very difficult so please be kind.
Ok so on the ……………………… I went in to a bus lane as my 2yr old who has allergies said her mouth was ichy as she had just had a sandwich, my first thought was to get out of the traffic and give her her meds. So I used the bus lane turn off and pull up on the nearest side street gave her her meds and got her home.

When the PNC arrived, I explained the situation and sent copies of my daughter’s medical notes. I received a notice of rejection on saying they could not see my draughts name. I used the website to resend the information and waited for a reply.
If it's rejected, then you can either appeal it pay it. You can't do nothing.



I January I received a bailiff letter I called them up they said I had to call the court and let them know. I forgot to do it!
Then my neighbour hands me a bundle of letters he had been put in his box that he rarely checks!
Service of those document has failed. It was delivered to the wrong address.


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.

You prove contrary by havng your neighbour make a witness statement he has been receiving your post including the Notice.


I called them the other just to pay £203 it as I had forgot to sort it out. Only to find out I had two outstanding tickets the other one incurring fees of £235 = £500+. For one ticket! This ticket I actually paid by my card to use the bay, however I read the sign wrong, as it was only for one side of the road. When I contested this ticket I did not realise this at that time, I just stated I had paid to park using my card.
I know I shouldn’t have left it and that’s my fault. However £800 pounds for two tickets is a huge sum of money I’m a single parent and a student.

If you don't have it, the bailiff cannot recover it.


I called equtra and tried to explain I didn’t get the letters she was so rude she spoke to me like I was something she had step in saying they will came and take my car if don’t pay. I hung up and called a debt line and a lady told me to hide my car and I had to fill out a t9 and te9 form and to pay only what I can.
You have already done TE7 TE9 and it was rejected.

Put your car on a neighbours driveway. The bailiff cannot touch it because he can only take control of it when it's on a highway or situated on your land.




So I called equtra and then spoke to a man who then said they are cannot take the £203 payment as it has been handed to a bailiff agent and I can only deal with him now. I then called the mr O and a few times and then he picked up. I told him I would like to pay some money but I cant pay it all he said they need to recover the money. I explained I had called the debt line and I was told I could set up a payment plan calculated by my outgoings. His reply was he needed to call the office to see and he would call be back. He didn’t I called him around ten times, left two messages and sent him a text.

Stop telephoning the bailiffs. They will mess you about.




Still nothing from him. I called back the office and I was told that I just have to keep calling. Today I have call him continually and nothing! I waited for over an hour today to the debt line in the end I gave up!

Please if anyone has any advice please help!!
Move your car. You haven't got the money. You don't let him into your house.

Here is more: http://www.dealingwithbailiffs.co.uk/Ex ... liffs.html
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faye123
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#3 Re: PCN. Bailiff fees and mum who needs help please!!

Post by faye123 » 07 Feb 2017 23:36

thank you!

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#4 Re: PCN. Bailiff fees and mum who needs help please!!

Post by faye123 » 08 Feb 2017 14:38

SHOULD I STATE Section 7 of the Interpretation Act 1978 states:
IN MY OUT OF TIME STATUTORY DECLARATION NOTES?

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#5 Re: PCN. Bailiff fees and mum who needs help please!!

Post by Schedule 12 » 08 Feb 2017 15:11

No. The judge can work that out. If he finds against you then you can appeal one count error of law namely section 7.
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#6 Re: PCN. Bailiff fees and mum who needs help please!!

Post by faye123 » 08 Feb 2017 21:58

thank you!

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#7 Re: PCN. Bailiff fees and mum who needs help please!!

Post by alan0001 » 10 Feb 2017 20:32

Hello, sorry to read about your situation, can you tell me for what distance did you drive in this bus lane? There is a rule called "the 20m rule" where if you don't travel for more than 20 metres you have not contravened the bus lane regulations, many local authorities ignore this relying on the driver to just pay up!

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#8 Re: PCN. Bailiff fees and mum who needs help please!!

Post by alan0001 » 10 Feb 2017 21:10

Re. the 20m rule as just posted.........it seems to me that they have to prove you drove for more than 20m in the bus lane which probably means they need cctv of you doing this. If they don't have it they cannot prove that you drove more than 20m.

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#9 Re: PCN. Bailiff fees and mum who needs help please!!

Post by Pote Snitkin » 10 Feb 2017 21:21

The 20 metre rule isn't a nationwide 'rule', but local authorities should have a policy on any concessions and even then it depends on the individual circumstances. Always worth a try though.

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#10 Re: PCN. Bailiff fees and mum who needs help please!!

Post by alan0001 » 10 Feb 2017 22:07

20 metre Rule for bus lanes. Link below is to a letter written on behalf of TFL Customer Services. It was sent on email and I have checked that the telephone number given in this email is correct for TFL and it is.
http://forums.pepipoo.com/index.php?showtopic=96116

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#11 Re: PCN. Bailiff fees and mum who needs help please!!

Post by Pote Snitkin » 10 Feb 2017 22:30

All good - TfL use the rule. Could be a route for a fresh appeal.

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#12 Re: PCN. Bailiff fees and mum who needs help please!!

Post by Schedule 12 » 11 Feb 2017 10:02

I agree. I was given this email extract by email last night. You can print this and enclose it as an exhibit in your fresh appeal.

I judge will always follow legislation. Otherwise, you can appeal again on an error of law.
Dear Mr



Thank you for your email concerning the 20 metre bus lane rule.

The 20 metre rule - The guidelines for enforcement of bus lanes in London (and elsewhere) state that the operator should observe a vehicle travelling along a bus lane for at least 20 metres before he issues a Penalty Charge Notice. We hear of many instances where vehicles receive a penalty charge notice when they have clearly not travelled along a bus lane for 20 meters. For example simply cutting off the end of a bus lane or not able to avoid the first couple of metres or swinging in and out when a car in front suddenly stops. Councils are aware of this guideline but quite often ignore it. If you have received a PCN in these circumstances you should immediately write to the local council and point out that they did not operate within the guidelines. You could even complain to the local government ombudsman. There is also something called the crossover exemption and the adjudicators have also mentioned the 20 metre rule in relation to this exemption. (see cases below) 20 Metres is approximately 5 car lengths. There are exceptions for example if the bus lane itself is less than 20 meters long.



A bus lane contravention is a contravention of any provision of a traffic order relating to use of an area of road that is or forms part of a bus lane. A contravention normally begins where a vehicle breaks and crosses the solid white boundary line between the bus lane and the remainder of the carriageway without good reason during its time of operation (but see below for bus and tram gates).If the vehicle enters a bus lane it should proceed for more than 20 metres (approx 4/5 continuous car lengths) after so entering. A bus gate or tram gate is a point restriction, therefore the contravention commences when the vehicle enters the gate.



Please also see the following from the Highways Code - http://www.highwaycode.info/rule/141


Thank you for taking the time to contact us. Please contact me again if you need any further assistance or if you would prefer to talk to us about this matter, please call us on 0343 222 1234.

Kind regards



Philip Nelson

Customer Service Adviser

Transport for London Customer Services
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faye123
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#13 Re: PCN. Bailiff fees and mum who needs help please!!

Post by faye123 » 28 Mar 2017 21:46

hello,
i have just receive a letter saying had been refused???

what shall i do as its saying that it will cost me £355 to have a review of this?

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#14 Re: PCN. Bailiff fees and mum who needs help please!!

Post by faye123 » 28 Mar 2017 21:54

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#15 Re: PCN. Bailiff fees and mum who needs help please!!

Post by Schedule 12 » 29 Mar 2017 08:04

Unless you have rock-solid grounds for an appeal, I'd leave it there and put it down to experience.

Otherwise, you need to speak to a motoring expert on bus lanes. It's not something I know enough about.

I got out of a bus lane PCN in 2003 only because TFL (it was newly established back then) sent a picture of someone elses car in the bus lane.
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#16 Re: PCN. Bailiff fees and mum who needs help please!!

Post by faye123 » 29 Mar 2017 09:36

jasonDWB wrote:
08 Feb 2017 15:11
No. The judge can work that out. If he finds against you then you can appeal one count error of law namely section 7.
what about this???

would i still need to pay all of that money???

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#17 Re: PCN. Bailiff fees and mum who needs help please!!

Post by Schedule 12 » 29 Mar 2017 09:49

Unfortunately, yes.

I would only do that if your evidence that service of documents was made to the wrong address is irrefutable. Then you can rely on section 7 and you can appeal.

You cannot add new evidence in an appeal. The appeal may only use evidence that was available to the original judge.
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#18 Re: PCN. Bailiff fees and mum who needs help please!!

Post by faye123 » 02 Apr 2017 22:25

would you be able to advise me on setting up a payment plan as the last time they wanted more than i could afford. would £10 a month be ok

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#19 Re: PCN. Bailiff fees and mum who needs help please!!

Post by Schedule 12 » 03 Apr 2017 09:37

They won't accept it. Its enforcement or its nothing.
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#20 Re: PCN. Bailiff fees and mum who needs help please!!

Post by faye123 » 07 Jun 2017 19:56

hello with much regret im writing this.

on receiving jason's late message i decided to pay it all however without realizing the session had timed out after i verified my card. so the payment didn't go through. now yesterday some was just about to call to have my car towed away when i went too visit my mother. luckily a neighbor saw and called my mother. as i thought i had paid the the fine i informed him of this and he let me take his number to send him the proof (as i was going to the hospital with my mother). that night i looked through my bank statements, emails and web history only to realized that the session had timed out before payment.

i wanted to know if equita should have sent me any letters for there fees as i didn't get any. i explained this to the nice guy who works for them and he said that they sent two letters.


i really don't believe they did nor did i receive any by hand.

can this be challenged ????

and what do you think the out come will be??

£500

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#21 Re: PCN. Bailiff fees and mum who needs help please!!

Post by Schedule 12 » 07 Jun 2017 20:03

I can only get you off unlawful enforcement action, or a liability that can be challenged.

If you can give me some rocks to throw, I'll gladly fight your corner. I need to know where the debtor or the enforcement has failed. Run this compliance checklist and tell me what flags up: http://beatthebailiffs.org/stop-parking ... ifffs.html

If you didn't get the Notice to Owner or the Notice of Enforcement, then you need to prove it, e.g. you changed address or were away.
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#22 Re: PCN. Bailiff fees and mum who needs help please!!

Post by faye123 » 07 Jun 2017 20:23

i think i was silly i should have checked it had gone through. it was one of these anpr vans but i turlly belived i had paid it and if i had received a letter i would have known i had not.

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#23 Re: PCN. Bailiff fees and mum who needs help please!!

Post by Schedule 12 » 07 Jun 2017 20:24

If it was an ANPR van and a drive-by clamping then you might well have redress. I am forever being instructed to injunct cowboys running fly-by-night clamping scams for unpaid PCN's.
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#24 Re: PCN. Bailiff fees and mum who needs help please!!

Post by faye123 » 07 Jun 2017 20:33

sorry i don't understand what you mean redress

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#25 Re: PCN. Bailiff fees and mum who needs help please!!

Post by faye123 » 07 Jun 2017 20:45

i spoke to you on a post.

what is classed a vulnerable: i as was told i am not.

i am a single parent of a 3 yr old. i am a dyslexic with ADHD, struggling with debt and may lose my home due to housing benefit not paying anything for months even though i am a full time student. i was told only physical disabilities were counted not learning or psychological.
i looked it up and
76 states Enforcement agents should be aware that vulnerability may not be immediately
obvious.

i did get any letter my address is correct so i believe that they did sent it or it got lost in the post.... do i have a leg to stand on with these fees.


Definition of dyslexia
‘Dyslexia is a combination of abilities and difficulties that affect the learning
process in one or more of reading, spelling and writing. It is a persistent condition.
Accompanying weaknesses may be identified in areas of speed of processing,
short-term memory, organisation, sequencing, spoken language and motor skills.
There may be difficulties with auditory and /or visual perception. It is particularly
related to mastering and using written language, which may include alphabetic,
numeric and musical notation. Dyslexia can occur despite normal intellectual ability
and teaching. It is constitutional in origin, part of one’s make-up and independent
of socio-economic or language background. Some learners have very well
developed creative skills and/or interpersonal skills, others have strong oral skills.
Some have no outstanding talents. All have strengths.’
Dr. Lindsay Peer (2006), British Dyslexia Association
http://www.bdadyslexia.org.uk/about-dys ... formation-.
html


Definition of visual stress
‘Visual stress is a light-sensitive condition that contributes to visual perceptual
problems, impairs reading and can also be the cause of headaches, feelings of
nausea or tiredness when reading. People who suffer from this condition often find
difficulty focusing on closely designed patterns, such as stripes or multi-patterns for
instance. They may also suffer from problems of glare and feel uncomfortable in
bright daylight or sunlight or under fluorescent lighting conditions. Although present
in 20 per cent of the population to some extent, visual stress may not be
recognised as a serious hindrance until it comes to coping with small repetitive
black print on a white background, or with a volume of reading.’

Definition of ADHD
‘ADHD can affect people in many different ways. Some of the most common
complaints in adults are difficulties with organising daily activities and forgetfulness.
People with ADHD often experience physical and mental over activity, so they may
feel constantly restless, on the go all the time and complain of ceaseless
unfocused mental activity; these symptoms may keep people with ADHD awake at
night. Sustaining attention for any length of time can cause considerable difficulties
and may lead to people with ADHD feeling exhausted or worn out by the effort.
Mood instability and feelings of frustration are commonly reported, especially in
situations where someone has to wait such as queuing at supermarkets.
While these types of symptoms are found in many people some of the time, they
are severe, persistent over time and lead to impairments in people with ADHD.
Impairment from ADHD can impact on an individual in several ways including: low
self-esteem, distress from the symptoms of ADHD, impaired social interactions and
relationships, behavioural problems, and the development of comorbid psychiatric
symptoms, syndromes and disorders.
In addition to the symptoms of ADHD comorbidities are common. These may be
other neurodevelopmental disorders such as autism spectrum disorders and
dyslexia, behavioural problems such as drug and alcohol abuse disorders,
addiction and antisocial behaviour; and other common mental health problems
such as anxiety and depression.’

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#26 Re: PCN. Bailiff fees and mum who needs help please!!

Post by Schedule 12 » 07 Jun 2017 22:26

I would have your doctor complete a MALG evidence form and send it to the council asking them to cease enforcement action under Regulation 10(1) of the Taking Control of Goods Regulations 2013.

I don't think the dyslexia counts but the ADHD might.

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#27 Re: PCN. Bailiff fees and mum who needs help please!!

Post by faye123 » 08 Jun 2017 08:35

the bailiff 235 was added on the 10th jan while it was still with the court. i didn't get the court rejection until march 27. that cant be aloud

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#28 Re: PCN. Bailiff fees and mum who needs help please!!

Post by faye123 » 08 Jun 2017 08:35

that cant be aloud!

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#29 Re: PCN. Bailiff fees and mum who needs help please!!

Post by faye123 » 08 Jun 2017 08:35

thank you for your help!

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#30 Re: PCN. Bailiff fees and mum who needs help please!!

Post by faye123 » 08 Jun 2017 11:30

good morning,

sorry to keep messaging however i have got to the bottom of the case, they have charged for a clamp being placed on my car when it had not been. as the agent just asked me to send him proof that had paid.
now they are saying that the charge was not for a clamp but for the agent to speak to me??? is this allow he did not come to my home.

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#31 Re: PCN. Bailiff fees and mum who needs help please!!

Post by faye123 » 08 Jun 2017 11:33

faye123 wrote:
07 Jun 2017 19:56
hello with much regret im writing this.

on receiving jason's late message i decided to pay it all however without realizing the session had timed out after i verified my card. so the payment didn't go through. now yesterday some was just about to call to have my car towed away when i went too visit my mother. luckily a neighbor saw and called my mother. as i thought i had paid the the fine i informed him of this and he let me take his number to send him the proof (as i was going to the hospital with my mother). that night i looked through my bank statements, emails and web history only to realized that the session had timed out before payment.

i wanted to know if equita should have sent me any letters for there fees as i didn't get any. i explained this to the nice guy who works for them and he said that they sent two letters.


i really don't believe they did nor did i receive any by hand.

can this be challenged ????

and what do you think the out come will be??

£500
i was meant to say last not late sorry?

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#32 Re: PCN. Bailiff fees and mum who needs help please!!

Post by Pote Snitkin » 08 Jun 2017 11:35

faye123 wrote:
08 Jun 2017 11:30
good morning,

sorry to keep messaging however i have got to the bottom of the case, they have charged for a clamp being placed on my car when it had not been. as the agent just asked me to send him proof that had paid.
now they are saying that the charge was not for a clamp but for the agent to speak to me??? is this allow he did not come to my home.
How much was the 'charge'? There are no fees other than those laid out in law.

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#33 Re: PCN. Bailiff fees and mum who needs help please!!

Post by faye123 » 08 Jun 2017 11:58

£235 for clapping but no clamp was placed on my car...... now they are saying it because he took time out of his day to speak to me

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#34 Re: PCN. Bailiff fees and mum who needs help please!!

Post by faye123 » 08 Jun 2017 12:00

i have paid the £203 ticket and £75 compliance fee

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