Kensington PCN

Stop or Suspend Enforcement. Appeal the PCN. Claim Damages for Unlawful Interference with Vehicles.
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ccharliee
Posts: 4
Joined: 19 Aug 2015 22:16

#1 Kensington PCN

Post by ccharliee » 04 May 2017 19:02

I received a PCN back in August 2016 for parking in a temporarily restricted bay, (typically a permit/pay at machine bay) on the day there was a single sign 2-3 spaces down from where I parked but at 8am was being obstructed by one of those large 7 Tonne lorry making a delivery to a building site and seeing this sign was not possible. I was none the wiser so I went to the machine which had no signs and purchased a parking ticket for an hour and came back thirty minutes later to find a ticket and the lorry had moved, after scratching my head and reading the noticed I realised what had happened and looked around for further signage but there was just the one where the lorry was.

I appealed this on the grounds that there was no proper signage and that if parking was suspended the machine should have also had a notice and should not allowed me to make payment to park which was rejected by Kensington and I didn't receive any further information until eventually getting the escalated fee by themselves asking for more money, between writing the appeal and receiving this letter I sent around 6 emails asking for updates and each time got a automated response confirming they received my email yet no one responded.

I appealed this with the TEC but due to not getting anything for a long time and Kensington taking a very long time to deal with it, I had to send in an out of time form which was then rejected with no reason given and today I have now tried to swallow the whole situation and make a payment for it which I can no longer do as without my knowledge this has been sent to a bailiff company to deal with, I have no idea which one as they have not given me any information regarding anything other than the one escalated letter and a copy of their statement to the TEC asking for them to refuse the appeal.

Due to how they are acting I have very little interest in being cooperative now with them and have decided I can't give such a money hungry parking service anything as they are fully aware of emails being sent to them etc as they responded to the TEC and not me, they cannot enter where I live as the property is not in my name and I am not on any of the bills so proving where I live should be fairly difficult to them and all my bank statements etc go to my company address, the issue I have is that I am in possession of two cars and a van and they always clamp or tow the cars or at least they did a few years ago to my car when I was at work during moving address when I did not receive any paperwork until having to drive 80 miles to collect letters which the new tenants had dumped in a communal area.

Is it possible to register both my cars and my van into my companies name and make myself the registered keeper not owner therefore the company technically owns it not me? I am the sole director of this company but I am unsure how this works.

The other idea I had was to get a very small long duration log book loan against the vehicles just so they technically had the car on some form of agreement which prevented me from selling it.

Additionally the photos they sent me which they've now removed from the online service shows the parking restriction where the lorry was and nothing else, it also shows my dashboard with the valid parking ticket on display.

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Schedule 12
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#2 Re: Kensington PCN

Post by Schedule 12 » 04 May 2017 21:03

ccharliee wrote:
04 May 2017 19:02
I received a PCN back in August 2016 for parking in a temporarily restricted bay, (typically a permit/pay at machine bay) on the day there was a single sign 2-3 spaces down from where I parked but at 8am was being obstructed by one of those large 7 Tonne lorry making a delivery to a building site and seeing this sign was not possible.
You can appeal on those grounds, but whether the TEC will accept it, thats another thing.

I was none the wiser so I went to the machine which had no signs and purchased a parking ticket for an hour and came back thirty minutes later to find a ticket and the lorry had moved, after scratching my head and reading the noticed I realised what had happened and looked around for further signage but there was just the one where the lorry was.

I appealed this on the grounds that there was no proper signage and that if parking was suspended the machine should have also had a notice and should not allowed me to make payment to park which was rejected by Kensington

You can make an appeal on court forms TE7 and a late witness statement on a form TE9. They need to be sworn in , free at any county court and returned to the Traffic Enforcement Center at tec@hmscts.gsi.gov.uk and enforcement will stop at 4pm on the weeks day you email the forms. It takes about 6 to 8 weeks for the TEC to consider your appeal.



and I didn't receive any further information until eventually getting the escalated fee by themselves asking for more money, between writing the appeal and receiving this letter I sent around 6 emails asking for updates and each time got a automated response confirming they received my email yet no one responded.
The council will ignore them.



I appealed this with the TEC but due to not getting anything for a long time and Kensington taking a very long time to deal with it, I had to send in an out of time form which was then rejected with no reason given and today I have now tried to swallow the whole situation and make a payment for it which I can no longer do as without my knowledge this has been sent to a bailiff company to deal with, I have no idea which one as they have not given me any information regarding anything other than the one escalated letter and a copy of their statement to the TEC asking for them to refuse the appeal.
Phone the TEC on 0300 123 1059 then press 6 to skip the robot and when you get a human answerring, give the PCN number and ask the status of your appeal.


Due to how they are acting I have very little interest in being cooperative now with them and have decided I can't give such a money hungry parking service anything as they are fully aware of emails being sent to them etc as they responded to the TEC and not me, they cannot enter where I live as the property is not in my name and I am not on any of the bills so proving where I live should be fairly difficult to them and all my bank statements etc go to my company address,
That only means the bailiff cannot enforce at the address on the warrant.


the issue I have is that I am in possession of two cars and a van
They are in peril. You must hide them. Expecially of one of them was the car incurring the PCN. You may become a victim of ANPR drive-by clamping: http://www.dealingwithbailiffs.co.uk/Ba ... R-vans.htm


and they always clamp or tow the cars or at least they did a few years ago to my car when I was at work during moving address when I did not receive any paperwork until having to drive 80 miles to collect letters which the new tenants had dumped in a communal area.

Is it possible to register both my cars and my van into my companies name and make myself the registered keeper not owner therefore the company technically owns it not me? I am the sole director of this company but I am unsure how this works.
If the bailiff knows tghe registration of the PCN car, it's too late for that now. Other vehicles not known to the bailiff can be placed out of reach. A registered keeper is not the owner. Bailiffs like to think they are.



The other idea I had was to get a very small long duration log book loan against the vehicles just so they technically had the car on some form of agreement which prevented me from selling it.
It's messy and very expensive. Here's a few ways: http://www.dealingwithbailiffs.co.uk/pr ... liffs.html


Additionally the photos they sent me which they've now removed from the online service shows the parking restriction where the lorry was and nothing else, it also shows my dashboard with the valid parking ticket on display.
Theres your appeal grounds.
Run this Checklist. If no joy, then we'll fix it
Author: dealingwithbailiffs.co.uk

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