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FightBack Forums > Queries > Council Parking Tickets & Clamping and Decriminalised Notices
KenHam
So I moved house in November of last year, before which I had received a parking fine for parking outside my house where it is apparently required to display a permit to park there for longer than 3 hours.

I at the time was unable to pay the PCN and subsequently began to forget about it.
Last week I received a call and an email from a 'Mr Smith' asking for my name to confirm my identity over the phone. I did so, which resulted in him telling me that I have currently got two outstanding parking fines. One of which I remember receiving on my windscreen but the 2nd I don't remember seeing on my windscreen (People of Swansea don't hold traffic officers in the highest regard) so I'm assuming someone else must've removed it before I had the chance to see it.

I received a number of letters, unfortunately, through my own fault I must've mistaken them to refer to the one I knew about. It got to the stage where once I saw the envelope I wouldn't open it as I assumed it would be the same as the last one.

So since speaking with the local council parking dept, they told me that when they left their records, the fines were at £86 (May be each, didn't clarify)

However, now I'm being told that the enforcement agency working on their behalf is requiring I pay £760, something I'm reluctant to do but if necessary will bite the bullet due to my own incompetency.

However, this is where it becomes a bit unjust and I'd like to see if anyone on here can clear the picture for me.

When Mr Smith first contacted me, he told me he would give me a number of days to come up with money, I told him it wasn't attainable.
Contacted the Council, they told me that they could do nothing now as it would need to be dealt with the enforcement agency now as that is who dealing with account. They told me they apparently reserve the right to be able to expect payment within 'x' amount of instalments.
I contacted the agency, they told me that my basic payment commitment of £35 would be accepted and that enforcement action would continue. It's my understanding that as long as you offer something, they can't reject it?

I spoke to the council again, asking them to speak to the agency to ask if they could intervene and push through that this was the most I was able to commit financially and a base minimum, if I was in a position to pay more then I would. They phoned, to which I had a call back from the council telling me that 'Unfortunately, the agency wouldn't be able to accept the £35 /month and that £200 /week would be optimum, however if I felt I couldn't pay that, they could look to reduce that'

Now can someone tell me how an agency working on behalf of a council's debt is able to overturn a council's judgement and deem an amount unacceptable?
And where does it state in any law that parking fines mustn't go on longer than 4 weeks? (This is what I was told after suggesting my original £35 /month to the agency in the original call to them)

Any help whatsoever would be greatly appreciated as this has seriously caused me to become extremely introverted socially and mentally as it's such a substantial amount of money to pay back in such a small amount of time, of which they're threatening to enter my house and seize goods. Thankfully, they don't know my new house address, however they do know my business address.

It should be known, that I don't even make £800 /month, let alone have the finances to allow for £800 disposable income to pay for some arbitrary and extortionate administration fees garnered by what I can only assume to be 'qualified' bullies.

Look forward to your replies!
Neil B
QUOTE (KenHam @ Wed, 9 Mar 2016 - 19:47) *
I received a number of letters, unfortunately, through my own fault I must've mistaken them to refer to the one I knew about. It got to the stage where once I saw the envelope I wouldn't open it as I assumed it would be the same as the last one.


I'm not clear whether you have dealt with one, or neither?

On the basis of that paragraph you may be liable but exactly what letters did you receive?
Where - at your new address?

Your issues on a payment plan are a bit too optimistic - BUT we always recommend contacting http://bailiffadviceonline.co.uk/
for the best possible advice on that aspect.

Do you have a breakdown of the £760 ? I can't make the appropriate fees add up.

Neither does £86 make sense - whether it's for one or both.
Incandescent
After receiving the PCNs, there are a number of documents you should have received before bailiffs are instructed: -

- Notice to Owner - from the council
- Charge Certificate - from the council
- Order for Recovery - from TEC at Northampton. This would also have included a Witness Statement form in case you had not received the NtO

The above are issued over many weeks, sometimes months; the wheels grind very slowly but they grind very finely, I'm afraid.

With two PCNs you would have got two each of the above. Yet you say you got nothing after the first PCN. So, did you update your V5C with the new address details as required by law ? Did you arrange for mail forwarding to the new address.

We get rather too many posts from people who fail to update their V5 and don't get mail redirected, then come on here with a tale of woe - "Bailiffs are at the door, panic, panic what do I do !!" or similar words. OK, not everybody is super-organised in this world, I once was the same but my wife keeps me in line now !!

If you can give answers about the V5 and the address redirection it would be very helpful. At this stage, the only avenue open to you is an Out-of-Time Witness Statement, (assuming these are parking PCNs), and this statement could get one or both of the PCNs set back to NtO stage, but you'll need to act fast, and make sure you keep your car locked up and out of sight, as the car is the most easily re moved item you have, that's why they go for it first of all. You can download the forms here: -

https://www.gov.uk/parking-tickets/out-of-t...ness-statements

Neil B says to contact www.bailiffadviceonline.co.uk and that is very good advice. You'll have to pay a small fee to keep the website running, but its nothing like the bailiffs want. Essentially, you now have to act fast to get the bailiffs off your back. You need to get the process set back to the NtO stage so you can appeal or pay-up. I have to say that the 2nd PCN may be able to be set back, but the first one you ignored completely so this may prove more of a problem.

Neil B
QUOTE (Incandescent @ Wed, 9 Mar 2016 - 23:17) *
At this stage, the only avenue open to you is an Out-of-Time Witness Statement,

We have to be careful when advising on more advanced legal stages.

At this stage the options, other than pay, open to him are - none.

That is, until we know he can lawfully take the action you suggest.
Incandescent
QUOTE (Neil B @ Thu, 10 Mar 2016 - 00:18) *
QUOTE (Incandescent @ Wed, 9 Mar 2016 - 23:17) *
At this stage, the only avenue open to you is an Out-of-Time Witness Statement,

We have to be careful when advising on more advanced legal stages.

At this stage the options, other than pay, open to him are - none.

That is, until we know he can lawfully take the action you suggest.


Agree, this avenue may be closed off, in fact until we get concrete info no more advice can be given, IMHO
KenHam
Ok,

So appreciate your replies so swiftly and the fact you're able to divulge info with limited resources.

Found out specifically that the PCN's on the council's system amounted to £82 each. I found this out along with the PCN numbers, something else I've found out is that I'm able to pay the council with a bank transfer. So what I've done is paid the council directly from my account for both outstanding PCN's.
Also, I did fail to notify the DVLA of my change of address on my V5 which would explain why they're going to my old household.
What grounds do the enforcement agency if any have in insisting I pay them back within a certain time restraint?
Neil B
Hang on, you've jumped the gun a bit.

So you've paid the Council £82 for each PCN, is that right.

That's going to confuse things unless the Council update the bailiff.

Not updating V5 is bad but not necessarily fatal.

So, again, to establish your position and options, what documents did you receive, dated when, received when and where?

And please do speak to 'bailiffadviceonline'.
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