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Full Version: PCN for service user now with bailiffs
FightBack Forums > Queries > Council Tickets & Clamping and Decriminalised Notices

I received a PCN by post, 3 months after accidentally parking in a bay which had been suspended for street cleaning.

The PCN is from Worthing borough council.

I was not aware of the violation prior to the letter as I never found a PCN on my windscreen. When I went to ask about it at Worthing parking shop the guy said "yeah, there's been a spate of kids nicking the PCN's from windscreens in your area".

I appealed online, saying "if I'd known about the offence within 14 days I would have paid the £35 fine and am still willing to do so".

The letter of rejection from the council made no reference to my statement or offer to pay the initial amount and simply said it was my duty to be aware of all suspended bay parking signs. They also seemed to think I was asking for the ticket to be cancelled ... "grounds have not been established for cancellation to be accepted and this letter is the formal notice of rejection".

Anyway, after various other appeals and letters it has now ended up with bailiff's asking for £423.

In line with advice from Citizen's advice bureau I explained that I'm a service user and asked if a reduction was possible. The bailiff's asked for bank statements and a letter of proof from my key worker at Mind, which I provided. They then asking for the full amount anyway (so why did they need bank statements and a letter?) ... "We are unable to
reduce the balance unless our Clients Worthing Borough Council advise us of any reductions. The outstanding balance is £423.00 and the fee’s that you have been incurred are legislated fees that are set by the Ministry of Justice".

Is there anything I can do to reduce the amount or should I just pay up? If I do pay it will take me closer to my overdraft limit but I really can't handle the thought of going to court. If there's nothing I can do then at least I've asked.

I've got scans of all documents and letters if needed.

Thanks for any advice,

You're going to have to post the documents. You probably stepped outside of process at some point as the most you should have paid is £70.

Also give a timeline of all events/docs.

Put pics on or such like.
This was the fine of £70 issued 9th March. This was the first I knew of my parking offence that had taken place on 30th Jan. I was not previously aware of it as I never received the initial PCN notice. It had been put on my windscreen but it had been removed by someone "there's been a spate of local kids removing them" as the guy from the council said to me. Thus i did not have a chance to pay the reduced £35 within 14 days.
Click to view attachment

In my appeal I said I would be prepared to pay the £35 fine and explained that the PCN had been removed from my windscreen and thus I had not known about it until I received the letter 6 weeks later when the fine had increased to £70.
Click to view attachment

My appeal was rejected saying that it fell outside their cancellation policy, but I hadn't asked for a cancellation, I had asked for the opportunity to pay the initial £35 fine. The rejection also made no reference to my appeal on the grounds the PCN had been taken from my windscreen, it only stated that I had been parked in a suspended bay.
Click to view attachment

After that it was passed to bailiffs and escalated up to £423.
Click to view attachment

I wrote to the traffic penalty tribunal on advice from the council but it was similarly rejected.

Following advice from the citizen's advice website I emailed the bailiffs a copy of a letter from my key worker stating that i was registered at Mind and had been having difficulty keeping up with all the letters going back and forth. The bailiffs then asked me to make them an offer.
Click to view attachment

I offered to pay half the amount, but they replied saying they could not reduce the amount after all
Click to view attachment

Phew, it's exhausting! Thanks in advance for any advice, even if it's just "you haven't got a leg to stand on so just pay up".

So, having received and responded to the Notice to Owner, why did you not pay or appeal to the adjudicators, and also totally ignored the next two documents: -

1. Charge Certificate
2.Order for Recovery

Frankly, you don't seem to have a leg to stand on at the moment until you can tell us more. Was the NtO sent to the correct address ? Did you move and not update your V5C ?
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