PCN DISABLED AND MENTALLY ILL BAILIFF LETTER

Stop or Suspend Enforcement. Appeal the PCN. Claim Damages for Unlawful Interference with Vehicles.
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Kahmata15
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#1 PCN DISABLED AND MENTALLY ILL BAILIFF LETTER

Post by Kahmata15 » 04 Apr 2017 22:45

I went on holiday with partner to Llandudno last October and arrived on a Sunday. Had to park outside hotel on double lines with disabled badge so hotel take in bags as can't do this. Husband has large stomach hernia from life saving surgery, can't do this. No room in small carpark back of hotel up the hill before morning after 10.30 so had to leave here. Next morning very worried as restricted after 10 but nowhere to put car. Car had badge on. Went out after breakfast at about 10.35. Ticket on car. Sign very poor, no markings on road, no crossbars, other cars there, me disabled car booked at 10.31 a.m. No one in sight. Got home from holiday 10 days later, informal appeal, not upheld.

Told to send evidence of holiday would be maybe change mind. I send but no response. Not sent any owner notice till January 10th, three months after with appeal. Could not understand as in Welsh, no English, also not large print as asked for so contact, also no appeal form. Get one week later, a notice, not large print. Say pay more money. Don't understand. What about appeal?

Asked about appeal. Sent bailiff letter. Contact to complain. Sent new notice in Mid February and then appeal. I had till 24th March to appeal. I have been ill for several weeks so could not appeal at once, but friends helped, sent in. Get another letter saying have to pay more money as not appealled, before 28 days plus 3_up, a week before in fact. Friend returned with letter saying I appeal put in and unwell. I have copies but now have today letter saying have not paid so bailiff will come and debt registration with court. So have I lost right to appeal? Have I any rights NOW? I am vulnerable person, husband vulnerable person. Why am I having bailiff? Thought only court right send bailiff. Thought had to get another letter before and 30 days, then next step may be a debt collection agency? I have not been summoned to court for hearing or lost appeal or had judgement so why bailiff? I can't hide car. Car on road, no garage. Car is 20 years old but I need car and we are disabled and only on benefits. I can't afford and not pay as still in appeal. Can you help? Thanks. I have mental health problems.

LynMarie

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Schedule 12
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#2 Re: PCN DISABLED AND MENTALLY ILL BAILIFF LETTER

Post by Schedule 12 » 05 Apr 2017 10:23

Kahmata15 wrote:
04 Apr 2017 22:45
I went on holiday with partner to Llandudno last October and arrived on a Sunday. Had to park outside hotel on double lines with disabled badge so hotel take in bags as can't do this. Husband has large stomach hernia from life saving surgery, can't do this. No room in small carpark back of hotel up the hill before morning after 10.30 so had to leave here. Next morning very worried as restricted after 10 but nowhere to put car. Car had badge on. Went out after breakfast at about 10.35. Ticket on car. Sign very poor, no markings on road, no crossbars, other cars there, me disabled car booked at 10.31 a.m. No one in sight. Got home from holiday 10 days later, informal appeal, not upheld.
Informal appeals are rarely accepted.

You need to get the PCN number and make an appeal to the Traffic Enforcement Centre. Here is how its done:

http://www.dealingwithbailiffs.co.uk/St ... ailiff.htm




Told to send evidence of holiday would be maybe change mind.
Don't. They will mess you about. Appeal through the proper channels.




I send but no response. Not sent any owner notice till January 10th, three months after with appeal. Could not understand as in Welsh, no English, also not large print as asked for so contact, also no appeal form. Get one week later, a notice, not large print. Say pay more money. Don't understand. What about appeal?

Asked about appeal. Sent bailiff letter. Contact to complain. Sent new notice in Mid February and then appeal. I had till 24th March to appeal. I have been ill for several weeks so could not appeal at once, but friends helped, sent in. Get another letter saying have to pay more money as not appealled, before 28 days plus 3_up, a week before in fact. Friend returned with letter saying I appeal put in and unwell. I have copies but now have today letter saying have not paid so bailiff will come and debt registration with court. So have I lost right to appeal? Have I any rights NOW? I am vulnerable person, husband vulnerable person. Why am I having bailiff? Thought only court right send bailiff. Thought had to get another letter before and 30 days, then next step may be a debt collection agency? I have not been summoned to court for hearing or lost appeal or had judgement so why bailiff? I can't hide car. Car on road, no garage. Car is 20 years old but I need car and we are disabled and only on benefits. I can't afford and not pay as still in appeal. Can you help? Thanks. I have mental health problems.

LynMarie
Make sure the disabled badge is visible inside your car. Bailiffs cannot touch it. Regulation 4(1)(d) of the Taking Control of Goods Regulations 2013 states:

  • (d)a vehicle on which a valid disabled person’s badge is displayed because it is used for, or in relation to which there are reasonable grounds for believing that it is used for, the carriage of a disabled person;


Bailiffs cannot recover fees from disabled people. They are classed as "vulnerable". The council will have to prepare to take the case back from the bailiff company. This article explains more:


http://www.dealingwithbailiffs.co.uk/Ba ... eholds.htm
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Amy
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#3 Re: PCN DISABLED AND MENTALLY ILL BAILIFF LETTER

Post by Amy » 05 Apr 2017 10:38

The vehicle was parked on double yellow lines during a restricted period. I do not see what grounds there are for appeal and a blue badge does not mean you may park anywhere you choose.

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#4 Re: PCN DISABLED AND MENTALLY ILL BAILIFF LETTER

Post by Schedule 12 » 05 Apr 2017 10:44

I'd need to seek further advice. My mum has a blue badge. I can't just park anywhere, but I can park on double yellow provided it doesn't endanger anyone. It's common sense. I've never been booked. I would be if I park on zig zags then that's another story.
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Kahmata15
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#5 Re: PCN DISABLED AND MENTALLY ILL BAILIFF LETTER

Post by Kahmata15 » 05 Apr 2017 11:30

I was able to park on the double yellow for three hours and my badge was correct. I don't have any other choice and I have never parked illegally in my life. I am always very careful about parking. The van down the road with no reason to be there was not given a ticket. My husband also needed to be outside the hotel as to empty his stoma bag as soon as he got inside. The carpark was full, the people at the hotel had to carry our bags, or perhaps you think we should carry them down the steep hill with a large hernia and walking difficulties. I don't park where I want and people with a disability can park on double yellow for three hours with badge as I had, correctly displayed, not with those double barr things across so we could stop to unload. The sign was also barely visible and the lines poorly painted. My elderly mother was also with us and she has two sticks. We watched while we ate breakfast, but had to go back to room for another stoma emptied before going out for the day. We have a right to be on holiday. The parking place at back of hotel was empty later that day. There is disabled door there as well, but there was no where close to put the car before hand.

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#6 Re: PCN DISABLED AND MENTALLY ILL BAILIFF LETTER

Post by Kahmata15 » 05 Apr 2017 11:36

The above was to Amy who obviously has not had to struggle with complex disability. To Jason, many thanks, I will make that appeal this week. Good to know there is something else I can do. Can you get fees reduced if you are on a low income or offer to pay in instalments if you absolutely have to if you lose all appeals? Thanks again.

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#7 Re: PCN DISABLED AND MENTALLY ILL BAILIFF LETTER

Post by Schedule 12 » 05 Apr 2017 12:03

Bailiffs cannot recover fees from vulnerable people. That includes disabled people and the creditor must prepare to take back cases from bailiffs.

Here is more: http://www.dealingwithbailiffs.co.uk/Ba ... eholds.htm
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#8 Re: PCN DISABLED AND MENTALLY ILL BAILIFF LETTER

Post by Kahmata15 » 05 Apr 2017 12:29

Thanks, thanks great. Cheers again for help.

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#9 Re: PCN DISABLED AND MENTALLY ILL BAILIFF LETTER

Post by Pote Snitkin » 05 Apr 2017 14:19

Where did you stay? We could check on Google maps to see the markings and signage. As said, if the yellow lines are in a restricted area, the 3 hour rule doesn't apply, but the restriction needs to be clearly displayed.

Kahmata15
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#10 Re: PCN DISABLED AND MENTALLY ILL BAILIFF LETTER

Post by Kahmata15 » 05 Apr 2017 19:08

Lyndon House Hotel, Church Walks Llandudno....I was allowed as the restriction did not start before 10 a.m and other disabled people parked there without any problems during the day. I didn't have any choice as the place we can put the car at the hotel was full. So we could only park out front. Had there been any restrictions applicable, we would have tried to move it before finishing breakfast, but there was no other place to put it and we needed access to the hotel due to our restrictions of movement and for the management to take our large bags with our medical equipment in. We have more problems now than before my husband's opetation. There are no pavement strips and one tiny sign starting a restricted time between 10 and 4. I was not causing any obstructions, or anything else and a van was also parked all the time and not done. The council admitted my badge was displayed and that was fine, you are allowed three hours with a badge. The problem was the clock, which as far as I am aware was fine and where it could be seen. The restrictions started at 10 and I was ticketed at 10.31. The council said they observed us from 10.28 to 10.32, so there is a contradiction. We had left by 10.35 and the Council say if we send the hotel receipt they will review it. We did, but got no response. That was before the notice, which at first was the wrong format and language so another one came later. I have been too ill to get the appeal in on time, but they were let know this and gave us extra time, which has not run out yet. However, they erroneously sent out something else, which increased the charges, which they admitted was wrong and withdrew. I have sent another appeal, but had missed some information as I have been suffering from severe migraines, every three days for three months. I had in the meantime another charging letter a week ago and a bailiff letter yesterday. I have not had any of these witness statement that you mention, just threats. As far as I am concerned, they have refused on a technicality only and have jumped the gun. So now instead of waiting for the response to my appeal, I have to go through a different root. Well I am very angry so let them bring it on. Take me to as many courts they want. I had not done anything wrong and have lost my rights due to ill health. The restrictions was not clearly displayed. Thanks again for your help, I feel better now.

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#11 Re: PCN DISABLED AND MENTALLY ILL BAILIFF LETTER

Post by Schedule 12 » 05 Apr 2017 19:34

You can appeal on the grounds improper signeage.

Here is how to appeal, but you must act with due reasonable promptness.

http://www.dealingwithbailiffs.co.uk/St ... ailiff.htm
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#12 Re: PCN DISABLED AND MENTALLY ILL BAILIFF LETTER

Post by Pote Snitkin » 05 Apr 2017 21:29

jasonDWB wrote:
05 Apr 2017 19:34
You can appeal on the grounds improper signeage.

Here is how to appeal, but you must act with due reasonable promptness.

http://www.dealingwithbailiffs.co.uk/St ... ailiff.htm
I'd agree - it'll roll it back to before the bailiff was involved. Looking at the sign and road - it's a very narrow road with a single yellow line and no pavement markings. The sign is small and easily missed due to all the other signs above it.
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Kahmata15
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#13 Re: PCN DISABLED AND MENTALLY ILL BAILIFF LETTER

Post by Kahmata15 » 06 Apr 2017 00:11

Thanks for this. The road is narrow, but wider than it looks. You can't see sign from inside our car either, plus its really small. I actually think the same cars on other side, where you can park if you can shrink your car or are invisible as there is never any space are still there. I honestly think you buy a car and never move or you don't get a space. I thought it was a double yellow line...the ticket says double so I was convinced we were on a double. This is also the only sign for the rest of the road. The vans gone at last. Sorry, should not joke. That's a better photo than mine. Thanks for this. The signs are terrible. We stopped for lunch in another part and honestly could not work out if you could stop for one or two hours, stop between certain times only, certain days or what. It had five or six all saying different things, all cracked and broken and we didn't bother. Restaurant had a carpark anyhow, but Llandudno could get an award for terrible parking. The front is fine, if you can find a space. I will get on the case now and get appeal going again. Thanks folks, been very helpful and thanks for photo.

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#14 Re: PCN DISABLED AND MENTALLY ILL BAILIFF LETTER

Post by LUCYLOCKET » 21 Apr 2017 11:03

jasonDWB wrote:
05 Apr 2017 12:03
Bailiffs cannot recover fees from vulnerable people. That includes disabled people and the creditor must prepare to take back cases from bailiffs.

Here is more: http://www.dealingwithbailiffs.co.uk/Ba ... eholds.htm

Just been looking through other posts and found the above - regarding mental illness - what is classed as vulnerable in regards to mental health?

Is suffering from severe anxiety and panic attacks and depression classed as vulnerable. Due to a genuine horrendous life experience I suffer all the above. I have told the Council a long time ago in a letter or something but they simply ignored me. Is there anything more I can do - especially to stop them using Bailiffs at all?

My problem is Council tax and arrears - it is being paid but the Council is always demanding more and more....and if I don't increase the payments or miss one ever they send in the Bailiffs......

Thank you for any pointers on this as really starting to get down about it all.

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