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Full Version: Help - Hijacked by Bailiff and charged £392 to release car
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claireefergan
Hello... Looking for advice if possible. I had a parking charge I'd foolishly not paid. [In my defence I did have a ticket and need to appeal] I parked in my village today and was 5 mins in shop. When I came out my car had been clamped a notice stuck on teh window [I think an immobilastion notice? ] The guy who clamped might car was sat behind my car. He said my parking ticket had gone to enforcement stage and I needed to pay £392 there and then to release the car. the first thing is - the fine was in my husbands name not mine. And also is he allowed to do this. He said I can appeal to get the money back. Have I just been done over or is he allowed to do this?

Thanks for any advice given. I do feel pretty stupid right now.
J.Hickinbotom
The owner of the vehicle is responsible for all penalty charges, the owner is usually the registered keeper.

Who was the owner of the vehicle when the parking ticket was issued.
Bogsy
did you or your hubby not receive a letter from Equita forewarning that if you do not pay up the charge will increase and a visit will occur? Did the agent show you the Warrant of Control? Before you pay you should insist on reading it to see that it is valid.
claireefergan
Hello - my husband is the owner. But we've recently moved. It's all a bit of a mess. We haven't updated vehicle address and so undoubtedly have missed any correspondence. I'm not trying to get out of blame. I used ring go to park at a location. I types in location 2244 when in fact it was 2245. The road in question is quite long and both parking posts on on the same road. So I made a mistake. If CCTV footage is used it would proved this. I got the PCN in Feb. Was going to write to explain. Lost the ticket. My bad. Forgot about it until today when I was hijacked and told to pay £392. Which I did. The guy said I could appeal and write to traffic enforcement. I guess my question is do I grounds for an appeal or am i saying goodbye to that £392? Has this happened to anyone else. Has anyone else appealed successfully on these grounds. The original parking ticket was for an hour and I paid £2.40. I know I was disorganised and I should have got in touch sooner but £392 seems way out of proportion.
peterguk
Sounds harsh, and wait for others to confirm, but from what you've said I suspect this is an expensive lesson.

You admit to effectively totally ignoring the PCN (for whatever reasons), and the legal process has taken it's course. It's a long shot, but it is possible you have a route through not receiving documents.

Have you updated your V5 (and DLs) yet?

You say "hijacked", inferring an action took place whilst you were driving, but the bailiff clamped the car when it was parked and unattended, so not actually "hijacked" at all.
Bogsy
If you did not get the Notice to Owner due to a change in address then first thing in the morning phone the Traffic Enforcement Centre (TEC) and tell them that your husband wants to make an out of time witness statement aplication and please can they email you the two forms (one called form TE9 and one called TE7) or give you the web address to print them off.

https://courttribunalfinder.service.gov.uk/...ment-centre-tec

when you get them get hubby to tick the box on form TE9 that the Notice to Owner was not received and on form TE7 explain that the application is late as he had no knowledge of the debt due to a change in address. Email the forms back to TEC and within about 24 hours they will inform the council to place the case on hold meaning the bailiff will be called off. If the bailiff comes back inform him that you have completed the forms. You then wait for the court to make a decision. In most cases they revoke the warrant (meaning goodbye bailiff) and the council will then serve a new Notice to Owner where you/hubby can then either pay the original penalty charge amount or appeal against it. Yes you do have good grounds for appealing from what you say.

Just noticed you paid the bailiff. Nonetheless complete the two forms and if the court accept the application and revoke the warrant then you will be entitled to a full refund. The forms and court process costs nothing by the way.
peterguk
QUOTE (Bogsy @ Thu, 29 Sep 2016 - 19:58) *
they will inform the council to place the case on hold meaning the bailiff will be called off.


Bailiff has been paid.
Bogsy
QUOTE (peterguk @ Thu, 29 Sep 2016 - 20:02) *
QUOTE (Bogsy @ Thu, 29 Sep 2016 - 19:58) *
they will inform the council to place the case on hold meaning the bailiff will be called off.


Bailiff has been paid.


Yeah I only realised after posting but amended my post accordingly. Thanks for being alert though smile.gif
claireefergan
Thank you all very much for the advice. I have called the TEC this morning and got the TE7/TE9 forms. As one post said I suspect this is going to be an expensive lesson. I should have contested this a long time ago but nevertheless I will try and explain the situation. I will send an update once I have seen the process through - even if the only good thing that comes out of this is to warn others not to be so disorganised!
Incandescent
OP needs to realise it becomes mega-difficult to turn things around when the bailiffs have your money. An OOT TE7/TE9 will be opposed by the council.

Might care to try

www.bailiffadviceonline.co.uk
Neil B
QUOTE (claireefergan @ Fri, 30 Sep 2016 - 09:11) *
I should have contested this a long time ago

Can you please explain what you mean by that.

Also, sorry I haven't read back, do we have a full timeline of events?


QUOTE (claireefergan @ Fri, 30 Sep 2016 - 09:11) *
I will try and explain the situation.

What exactly are you going to explain?
This is a crucial fact based process and nothing to do with the circumstances of the original PCN, which you've gone into some
detail about on here so far. Be clear; this is NOT an 'appeal' against the PCN.

Contrary to what was posted earlier, 99.9% of TE7 applications I've seen on here, fail and have to proceed to a further
stage. Content is crucial.

Having paid, you have no rush.

Ask all the questions you need to.
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