less than two working days notice?

Stop or Suspend Enforcement. Appeal the PCN. Claim Damages for Unlawful Interference with Vehicles.
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Zoelb
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Joined: 12 Jun 2017 14:51

#1 less than two working days notice?

Post by Zoelb » 12 Jun 2017 15:02

Hi

I received a letter on Thursday 8th June about a fine (£189) for a dart chart fee of £2.50 and that I had 7 days from the date of the letter to get in contact. I have never received the original penalty charge as I moved and it turned out some time later my logbook was lost and therefore not updated. The date of the letter from JBW was 02nd June - making me think that whomever it was did the letter on Friday too late to send in the post which means it didn't get posted till the Monday and of course with a time limit on letters why would on earth they not send it first class eh! So I got home Thurs evening, read the letter but didn't call as I would do it Friday (7days was up on Friday 9th - the following day of receiving the letter). I work two jobs and I didn't get the make the call, I also work on Saturdays and again didn't make the call. Sundays to be honest I slept a lot and didn't really think about it.

7am this morning (Monday 12 june) I had a missed call and a sticker on my car saying it had been immobilised with a note that the fee is £425.50. I rang Mr Barclay (they never give a first name?) and explained and although he was nice and deferred the payment for a week for me before taking my car. I think that it is extremely unfair to post a letter late, second class to be received the day before the 7 day deadline which has now made the fine £189 to £425.

Any advise - I highly think its unlikely that they will remove the additional fine but surely this is a devious tactic to ensure monies are increased.....?

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Pote Snitkin
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#2 Re: less than two working days notice?

Post by Pote Snitkin » 12 Jun 2017 16:03

They've visited too early. You need to contact both the bailiff and the creditor with the following info:
The Taking Control of Goods Regulations 2013 s6(1) state:
  • Subject to paragraph (3), notice of enforcement must be given to the debtor not less than 7 clear days before the enforcement agent takes control of the debtor’s goods.
A notice of enforcement is a statutory document. If it is given by post, it is bound by the Interpretation Act 1978 s7 which 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.
The seven clear days does not start from the date of the notice by from the date it would expected to be delivered.

Practice Direction 2.0 - (8 March 1985) Service of Documents - First and Second Class Mail, states;
  • With effect from 16 April 1985 the Practice Direction issued on 30 July 1968 is hereby revoked and the following is substituted therefore.

    1. Under S7 of the Interpretation Act 1978 service by post is deemed to have been effected, unless the contrary has been proved, at the time when the letter would be delivered in the ordinary course of post.

    2. To avoid uncertainty as to the date of service it will be taken (subject to proof to the contrary) that delivery in the ordinary course of post was effected:-

    (a) in the case of first class mail, on the second working day after posting;

    (b) in the case of second class mail, on the fourth working day after posting.
The notice was dated 2nd June 2017, a Friday. Under the TCG2013 regs, the Interpretation Act 1978 and Practice Direction 2.0, the calculation is as follows:
  • 02.06.17 Date of notice, does not count as it's an event date
    03.06.17 Does not count under PD 2.0
    04.06.17 Does not count under PD 2.0
    05.06.17 1st working day for postage
    06.06.17 2nd working day
    07.06.17 3rd working day
    08.06.17 4th working day. day of delivery, does not count as it's an event day
    09.06.17 1st clear day of notice
    10.06.17 2nd clear day
    11.06.17 Does not count under TCG2013
    12.06.17 3rd clear day
    13.06.17 4th clear day
    14.06.17 5th clear day
    15.06.17 6th clear day
    16.06.17 7th clear day
    17.06.17 Earliest date EA can visit
The EA visted on 12.06.17 - this is before legislation permits a visit. The £235 enforcement stage fee must be removed.
On 25/07/17, Dodgeball said "Telling the truth isn’t slander, in fact, it wouldn’t be slander anyway, as that is verbal not written. Liable is the word you are looking for." Discuss.

Zoelb
Posts: 2
Joined: 12 Jun 2017 14:51

#3 Re: less than two working days notice?

Post by Zoelb » 12 Jun 2017 16:19

Thank you - I have emailed them this and fingers crossed!

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Pote Snitkin
The Watcher
Posts: 6274
Joined: 28 Apr 2014 09:43
Location: In your loft, waiting

#4 Re: less than two working days notice?

Post by Pote Snitkin » 12 Jun 2017 16:20

Did they actually clamp the car or just put the sticker on?
On 25/07/17, Dodgeball said "Telling the truth isn’t slander, in fact, it wouldn’t be slander anyway, as that is verbal not written. Liable is the word you are looking for." Discuss.

GDB
Posts: 81
Joined: 20 Feb 2015 10:05

#5 Re: less than two working days notice?

Post by GDB » 23 Jun 2017 12:51

You could play the system and pay the fine online via the Dart Charge site or plead with them.

If this is your 1st letter forgetting to pay the Dart Charge they often make an allowance for 1st time.

Do it sooner rather than later, before it costs you more money.

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