Notice of enforcement, PCN unpaid Options

[Psm_01]

Hi there,

I am looking for some advice as I am stressed following a notice of enforcement which I have received from Sandwell Mbc due to being in a bus lane.

Upon receiving this notice we contacted the council and told them we did not know why we had received this. We were told they were 53 outstanding PCN notices unpaid. Which I was very alarmed about.
We moved address in March 2016, we notified all relevent companies ie council, banks, car insurance and so on that we have moved. We did have redirection on for 3 months but then advised our tennat to jsut let us know incase we get any other post which she thankfully continued to pass to us. It only came to light that we had not updated our address with DVLA when our tennat forwarded us 2/3 PCN. Which we contacted the council told them situation and it was agreed we could pay the lower rate. At no point the adviser mwntioned they were 53 outstanding tickets. Had we known at the time we could have taken action to prevent escalating. Anyhow we informed DVLA chnaged of address they sent updated log book on 1y/6/2017. We have been told by council to file a TE9 form ro prevent further charges and then submit an appeal.
I am going into citizens advice tomorrow to get legal help on where we stand. My argument is where have these 53 PCN gone which council saying they have sent. Surely normal process would be that you get minimum of 2 reminders if PCN is still not paid. Then final notice and then warwick before it escalates to Enforcement lwtter. To me were looking at over 100 to 150 letters should have been coming out. However to find out of those we received 2 only. I find it very hard that these would have been thrown away by tennat when she gave us all our other letters which came through.
So this said looking for advice on how to submit this TE9 form and whwhere I stand.

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[Neil B]

I am looking for some advice as I am stressed following a notice of enforcement which I have received from Sandwell Mbc due to being in a bus lane.

Councils don't send what you've described; bailiffs do.

Show us please.

[Psm_01]

The document doesnt attach as too big. The notice has come Equita which i believe is Bayliff but matter will be appealed with the Council. We have been told to file TE9 form to hold off further charges whilst the matter goes into appeal.

[John U.K.]

The document doesnt attach as too big.

Try this:
Do not attach docs/photos, but use this method:
Some are having problems with Tinypic at he moment.. try Flickr, where the BBcodes are concealed behind the curly arrow (click on it) for sharing.

Photo or scan. see http://forums.pepipoo.com/index.php?showtopic=36858&st=0
for how to do it. I use Tinypic for stage 2 with no problems. Thera are other sites, such as Flickr, which enable you to paste the BBCodes into your post here.
STAGE 1 takes care of resizing. If you use Tinypic for Stage 2, on the left each image in Tinypic is a list of links. Highlight and copy the entire link 'for forums' from the list for each image - beginning with IMG and ending /IMG (include all the square brackets [ ] ), and paste each link into your post. Each copied and pasted link will embed a thumbnail link in your post.

Using the attachment method is not advised as it means quickly running out of attachment space.

Redact/obscure pers name, address, PCN number and reg.mark.
LEAVE IN all dates/times; precise location, Contravention code and description.

[Neil B]

The document doesnt attach as too big. The notice has come Equita which i believe is Bayliff

Host images externally, e.g. at Flickr or Tinypic and paste the direct BB or IMG codes into a reply here.

but matter will be appealed with the Council. We have been told to file TE9 form to hold off further charges whilst the matter goes into appeal.

Is wrong. Who said this?

[Psm_01]

. Parking services manager advise to file a T9 form.

[Neil B]

Is completely wrong and it is not an 'appeal' to the Council.
Was this a recorded call?

You said seeing CAB tomorrow so I don't want to interfere -- but read this for now
https://www.gov.uk/appeal-against-a-penalty...ice/out-of-time


We still haven't seen the bailiff notice. How much are they asking for?

[DancingDad]

Confirm with council address that the missing notices (150 plus?) were sent to and look closely at the ones you have copies of.
Is everything correct, house/flat number, street name and spelling, post code ????
And does that match exactly what is/was on the V5c registration document?

Sooner or later you will need to convince someone, possibly a judge that there was good reason for these notices to go missing.
Failing to update V5 is often not taken as good reason.
A council error is so check it. Just in case.

And get dates, do these coincide with time that postal redirection was in place ??

[Psm_01]

The traffic services manager told us to do this.

To be honest it looks like we havent updayed our V5 log book. We found out i was pregnsnt about 2 months after we moved and i think ut just was an oversight.
Council record would matched up with DVLS as dvla was still at old address. However my point would be 100 plus of these letter wouldnt gone astray. If we were having other post then this would have been. If we had seen at the 1st instance we wouldve acted upon it then.

[Neil B]

Council record would matched up with DVLS as dvla was still at old address. However my point would be 100 plus of these letter wouldnt gone astray.

I think you missed what Dancing Dad suggested.

Check to see if the address on the PCNs you did receive is 100% correct; every detail.

--
I ask again; how much is the bailiff asking you to pay?

[Psm_01]

We dont have any of PCN's all we have is the enforcement letter.
We have requested the council to forward us all copies of what they said they have sent us. So we can check everything. We have asked for them to be posted as well as electronically.

The Bayliff is asking for £173.00 that is baaed just 1 fine going to this stage not the other 52. So we could be looking at £153 x 53.

[Neil B]

The Bayliff is asking for £173.00 that is baaed just 1 fine going to this stage not the other 52. So we could be looking at £153 x 53.

Well you might not be.
You must establish the status of each one - i.e. what stage are they at in the process.

That means - for each one

-Date issued
-Has a Charge Certificate been issued - when.
-Has an Order for Recovery been issued - when.

[PASTMYBEST]

We dont have any of PCN's all we have is the enforcement letter.
We have requested the council to forward us all copies of what they said they have sent us. So we can check everything. We have asked for them to be posted as well as electronically.

The Bayliff is asking for £173.00 that is baaed just 1 fine going to this stage not the other 52. So we could be looking at £153 x 53.

we may be able to help you mitigate this sum, but to do so will need a list of dates of PCN's and a copy of all pages of one for now This is on top of the information asked for for the one with the bailiff

[hcandersen]

As with any decision making process which is time limited there are important issues and there are immediate issues, and the ones which must be prioritised are the immediate and important, in this case the enforcement notice and the relevant PCN.

So, don't go hunting other PCNs until you've posted the enforcement notice or at least told us the latest date by which payment must be made. This tells us how much time you've got and would probably limit what it's possible, not desirable, to do in the time available.

Don't waste time on other matters.

This post has been edited by hcandersen: Thu, 25 Jan 2018 - 09:24

[PASTMYBEST]

As with any decision making process which is time limited there are important issues and there are immediate issues, and the ones which must be prioritised are the immediate and important, in this case the enforcement notice and the relevant PCN.

So, don't go hunting other PCNs until you've posted the enforcement notice or at least told us the latest date by which payment must be made. This tells us how much time you've got and would probably limit what it's possible, not desirable, to do in the time available.

Don't waste time on other matters.

@ HCA

52 PCN's are an unknown quantity, they may or may not be pre OFR. £3000+ outstanding surely this is important

[Psm_01]

Here is the enforcement letter.
Ps the date was yesterday to pay. We did speak tot hem the day we got notice and explained the iatuation. The lady was very un helpful and told us to take it up with the council.

We received the enforcement letter on saturday but we contacted them Sunday morning as it was late. I left sandwell Council a messafe via facebook for someone to contact me.

Equita told us they didnt have the right address and been trying to contact us since October which definetlt cant be correct. As all records everything has been moved to our correct address since last summer.

This post has been edited by Psm_01: Thu, 25 Jan 2018 - 10:14

Attached thumbnail(s)

 

[The Rookie]

The Lady was quite right, they are ordered by the court to collect the money, your issue (ignoring the parts you played) is with the council.

[DancingDad]

Equita told us they didnt have the right address and been trying to contact us since October which definetlt cant be correct. As all records everything has been moved to our correct address since last summer.

Which is what you have to nail down.
Incorrect address because you did not update V5c with DVLA and notices going to old address is one thing.
Totally incorrect address is another entirely.

This post has been edited by DancingDad: Thu, 25 Jan 2018 - 10:46

[Neil B]

Equita told us they didnt have the right address and been trying to contact us since October which definetlt cant be correct. As all records everything has been moved to our correct address since last summer.

Which is what you have to nail down.
Incorrect address because you did not update V5c with DVLA and notices going to old address is one thing.
Totally incorrect address is another entirely.

+1
You need to find out the answer, now.

@ HCA

52 PCN's are an unknown quantity, they may or may not be pre OFR. £3000+ outstanding surely this is important

+1
The deadlines, variously, for reps or in-time Stat Dec could be today for some.

So as low as £1500 or as much as £9K.

[hcandersen]

Perhaps.

What we do know, however, is that the OP is now late as regards the enforcement agent's letter (payment by 24th Jan, yesterday) and this must be their priority, IMO.

That it is likely that the facts behind any out of time application for this PCN would be the same as might apply to other PCNs reinforces the imperative to deal with this one now. And, as suggested, to ensure that their OOT submission (which would be copied to the authority) refers to these common facts so that every outstanding PCN is brought to the authority's attention.

The OP must submit an OOT as soon as possible and not lose any time enquiring about other PCNs, this could be done during the sunk period of the critical path of TEC considering the OOT.

This post has been edited by hcandersen: Thu, 25 Jan 2018 - 13:37