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5 Council PCNs - In a real mess
aholmes21
post Wed, 19 Feb 2020 - 00:28
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Hi guys. I really, really need some help about what I can do.

I am in an awful situation...fully aware of my shortcomings so far but please try to help rather than judge me.

I currently have 5 PCNs all at enforcement stage. 4 with Harrow Council and 1 with Hertsmere Council. This was stretching from 2018 to 2019.

First Harrow Council fine is with an enforcement company and I made an agreement to pay a little bit in Dec just gone, a little bit in Jan and the rest end of Feb (this month).

Second Harrow Council fine is with an agent. So far paid almost half over two months but he is looking for the rest end of Feb (this month).

Third Harrow Council fine is fresh through the post from an enforcement bailiff man. No deal yet.

Fourth Harrow Council fine is fresh through the post from an enforcement bailiff man. No deal yet.

Hertsmere Council fine is has been received through the post from an enforcement bailiff man. No deal yet.

I'm in trouble as I cannot afford these. This has been my situation;

1. I have been suffering from heavy depression and anxiety for the last 2 and a half years, right when this was all happening and lost pretty much everything. Job, spouse, friends, car, had defaulted car lease (car gone)...defaulted bank accounts....credit rating in tatters...the lot. This doesn't excuse me from anything, I incurred these fines. But I was wondering if there is anyway I could get help having the time to pay these fines?

2. Another thing is I don't actually receive all my letters to my address. 90% of my letters go to the Flat opposite my house (my address is number 2 blah blah road, and directly in front is FLAT 2 blah blah road). I also receive a boat load of the opposite flat's letters. Since these houses were built 10 years ago post has been an issue and we usually don't get round to exchanging post till too late for some correspondences. Now for this the only proof I have is a signed letter from the resident living opposite to my local council talking about how we receive each other's posts all the time. I also have a video/pictures showing a stack of this fella's post. I don't know what evidence I will need to prove this?

3. I sent an e-mail to Harrow Council regarding 3 of the PCNs asking for more time to pay, to the same e-mail I used to appeal a fine in 2015 and did not even receive an automated response this time (checked and e-mail is correct appeal e-mail, included car reg and PCN numbers in e-mail). I followed up asking for confirmation of receipt but still nothing. Lady I spoke to at TEC when I was asking advice said non response to an appeal is grounds regardless of what stage we're at?

4. The crazy thing is for 2 of these Harrow PCNs I actually have grounds to appeal. Images showing the contravention did not occur and the other a receipt of payment for parking minutes before the fine.

I'll be honest guys I have made miraculous steps to improve my life in the past few months. Contacting everything I have neglected and getting myself a job as of a few weeks ago. I'm making the right moves but I don't want to be crushed by all this again. I cannot afford travel to work so I walk an hour to get there... there's no way I can afford these. The little bits I have paid so far is just me borrowing what I don't have from friends.

Do I go with the TE7 and TE9 now? I'm stuck and the anxiety I'm feeling is physical...waiting for that doorbell sad.gif

Any help appreciated please please

This post has been edited by aholmes21: Wed, 19 Feb 2020 - 00:31
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post Wed, 19 Feb 2020 - 00:28
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aholmes21
post Mon, 24 Feb 2020 - 13:58
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So I've been trying to sit down and word my reasons on the TE7 but I'm just finding it difficult or worried that it'll be rejected. I know my angle is that I haven't received the letters...but I'm just not sure how to word it in a way they would take it seriously. I have considered writing about my depression/anxiety on there also but I won't have evidence to submit unless I wait till my GP appointment this Friday and that's too far away considering the bailiffs who are ready to knock at any moment.

I also have another question if anyone knows...if I'm in an arrangement with a bailiff agent...and have paid a considerable amount of the inflated fine already...what happens if the appeal is successful and it gets reverted back to the initial stage? Do you get a refund or is that gone?

Thanks again.
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Bailiff Advice
post Mon, 24 Feb 2020 - 14:20
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QUOTE (aholmes21 @ Wed, 19 Feb 2020 - 11:55) *
QUOTE (Incandescent @ Wed, 19 Feb 2020 - 09:48) *
Your only avenue is to submit the OOTs. Your situation has been seen here many times, but usually is because the V5 address is out-of-date following house moves. Yours seems due to a mail issue, so OOTs could well succeed, but you really need professional help in writing the OOTs. Why don't you contact: -

www.bailiffadviceonline.co.uk

Sheila there will sort you out and will help you prepare the OOT statements. What you have to explain is why so many documents went astray and why you didn't respond to those you did receive, (as you have explained here). If you have had any medical attention for the depression, you will probably need to mention this too, and provide some evidence.


Thank you mate, I have filled in an enquiry with www.bailiffadviceonline.co.uk.



The 'Send a Question to Bailiff Advice' page on my website was updated on 18th February and you sent an enquiry the day after (on 19th Feb). Sadly, it was not received and the same has applied to all other enquiries since that time. My website company are currently looking into the problem and hopefully, this error should be resolved by the end of the day. I can only apologise.
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aholmes21
post Mon, 24 Feb 2020 - 14:23
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QUOTE (Bailiff Advice @ Mon, 24 Feb 2020 - 14:20) *
QUOTE (aholmes21 @ Wed, 19 Feb 2020 - 11:55) *
QUOTE (Incandescent @ Wed, 19 Feb 2020 - 09:48) *
Your only avenue is to submit the OOTs. Your situation has been seen here many times, but usually is because the V5 address is out-of-date following house moves. Yours seems due to a mail issue, so OOTs could well succeed, but you really need professional help in writing the OOTs. Why don't you contact: -

www.bailiffadviceonline.co.uk

Sheila there will sort you out and will help you prepare the OOT statements. What you have to explain is why so many documents went astray and why you didn't respond to those you did receive, (as you have explained here). If you have had any medical attention for the depression, you will probably need to mention this too, and provide some evidence.


Thank you mate, I have filled in an enquiry with www.bailiffadviceonline.co.uk.



The 'Send a Question to Bailiff Advice' page on my website was updated on 18th February and you sent an enquiry the day after (on 19th Feb). Sadly, it was not received and the same has applied to all other enquiries since that time. My website company are currently looking into the problem and hopefully, this error should be resolved by the end of the day. I can only apologise.


No problem I appreciate you taking the time to reply here. If you could please let me know if you would like me to re-send all info and I will do so promptly as I'm super anxious as time goes on! Thank you once again.
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Bailiff Advice
post Mon, 24 Feb 2020 - 14:49
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QUOTE (aholmes21 @ Mon, 24 Feb 2020 - 13:58) *
So I've been trying to sit down and word my reasons on the TE7 but I'm just finding it difficult or worried that it'll be rejected. I know my angle is that I haven't received the letters...but I'm just not sure how to word it in a way they would take it seriously. I have considered writing about my depression/anxiety on there also but I won't have evidence to submit unless I wait till my GP appointment this Friday and that's too far away considering the bailiffs who are ready to knock at any moment.

I also have another question if anyone knows...if I'm in an arrangement with a bailiff agent...and have paid a considerable amount of the inflated fine already...what happens if the appeal is successful and it gets reverted back to the initial stage? Do you get a refund or is that gone?

Thanks again.


Can I just make an important point. In all cases regarding bailiff enforcement of an unpaid Penalty Charge Notice (including Dart Charge, Merseyflow and TfL congestion charges) the bailiff's job of 'collecting' payment is made that much easier by the fact that the bailiff will first be seeking to locate the vehicle involved in the contravention. If the vehicle is located outside of the property, it will nearly always be 'clamped' BEFORE the bailiff knocks at the door. This is perfectly legal.

It is also very common for the vehicle to be located by way of the bailiff company's ANPR system located in their vehicle.

So how does the bailiff know which car was involved in the contravention? Simple answer....the local authority provide the VRM (vehicle registration mark) on all of their statutory notices (including the Warrant of Control)!!

In your particular case, as you no longer have the vehicle (as it was returned to the finance company), the bailiff has a very difficult task of obtaining payment. Although the warrant allows the bailiff the right to come into your home, this may only be in very strict circumstances. He can enter the house either through an unlocked or open door or by way of invitation. Given your quite obvious vulnerability (in this case; mental health), I would strongly suggest that you do not allow a bailiff into the property.

As suggested by others on the forum, you have good grounds on which to submit Out of Time witness statements. I will happily assist you with drafting of the forms. I will not be charging you a fee. I have sent you a PM.

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Neil B
post Mon, 24 Feb 2020 - 15:13
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Happier?


--------------------
QUOTE (DancingDad @ Fri, 11 May 2018 - 12:30) *
Neil is good at working backwards.

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aholmes21
post Mon, 24 Feb 2020 - 15:22
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Posts: 16
Joined: 7 Jul 2017
Member No.: 92,901



QUOTE (Bailiff Advice @ Mon, 24 Feb 2020 - 14:49) *
QUOTE (aholmes21 @ Mon, 24 Feb 2020 - 13:58) *
So I've been trying to sit down and word my reasons on the TE7 but I'm just finding it difficult or worried that it'll be rejected. I know my angle is that I haven't received the letters...but I'm just not sure how to word it in a way they would take it seriously. I have considered writing about my depression/anxiety on there also but I won't have evidence to submit unless I wait till my GP appointment this Friday and that's too far away considering the bailiffs who are ready to knock at any moment.

I also have another question if anyone knows...if I'm in an arrangement with a bailiff agent...and have paid a considerable amount of the inflated fine already...what happens if the appeal is successful and it gets reverted back to the initial stage? Do you get a refund or is that gone?

Thanks again.


Can I just make an important point. In all cases regarding bailiff enforcement of an unpaid Penalty Charge Notice (including Dart Charge, Merseyflow and TfL congestion charges) the bailiff's job of 'collecting' payment is made that much easier by the fact that the bailiff will first be seeking to locate the vehicle involved in the contravention. If the vehicle is located outside of the property, it will nearly always be 'clamped' BEFORE the bailiff knocks at the door. This is perfectly legal.

It is also very common for the vehicle to be located by way of the bailiff company's ANPR system located in their vehicle.

So how does the bailiff know which car was involved in the contravention? Simple answer....the local authority provide the VRM (vehicle registration mark) on all of their statutory notices (including the Warrant of Control)!!

In your particular case, as you no longer have the vehicle (as it was returned to the finance company), the bailiff has a very difficult task of obtaining payment. Although the warrant allows the bailiff the right to come into your home, this may only be in very strict circumstances. He can enter the house either through an unlocked or open door or by way of invitation. Given your quite obvious vulnerability (in this case; mental health), I would strongly suggest that you do not allow a bailiff into the property.

As suggested by others on the forum, you have good grounds on which to submit Out of Time witness statements. I will happily assist you with drafting of the forms. I will not be charging you a fee. I have sent you a PM.


Thank you, I will ensure the doors are locked at all times. Thank you for this massive lift, I appreciate your help so much, and your generosity couldn't come at a more needed time thank you x2. I've just sent a response to your PM.

QUOTE (Neil B @ Mon, 24 Feb 2020 - 15:13) *
Happier?


Most definitely, thanks for your patience with me and the help. I really mean it. Will update you as soon as I can.
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