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Hello can you give me some advice on a baliff trying to get…

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Hello can you give me...
Hello can you give me some advice on a baliff trying to get money from me regarding an outstanding parking ticket.
Submitted: 8 years ago.Category: UK Traffic Law
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Answered in 4 minutes by:
6/25/2010
Solicitor: Jo C., Barrister replied 8 years ago
Jo C.
Jo C., Barrister
Category: UK Traffic Law
Satisfied Customers: 71,536
Experience: Over 5 years in practice.
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What does the parking ticket say exactly?
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Customer reply replied 8 years ago

Hello, this is long story I will try to keep it short.

 

I recieved a Parking Ticket last October, which I appealed. The next letter I got was demaning the ticket again, I replied via letter to say I would not be paying as I had not received a decision regarding the appeal.

 

The next letter I received in Feb stated that I need to wait for a TE3/TE9 to be posted to me, I NEVER RECEIVED THIS.

 

To further complicate matters I moved.... however I did put in place a royal mail postal redirection, but have not had an communication from them.

 

My ex landlady contated me this week to say the baylif had visited and delivered a letter by hand and was now demanding £330 for the fine and £200 for his visit.

 

I have contaced the council today and they said I should apply for a Late witness application, however noone is answering the phone.

 

I have contacted the bayliff who now informs me the charge is now over £500!

 

How can I be held responsible if I have NEVER received any communication from either the council or the Bayliffs.

Solicitor: Jo C., Barrister replied 8 years ago

do the DVLA have the correct address for you?

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Customer reply replied 8 years ago
well to complicate matters further.... sorry Im making you work for your money, I have sold that car but they have correct details of my new one.
Solicitor: Jo C., Barrister replied 8 years ago

 

And did they always have the correct address for you?

 

Even when you moved?

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Customer reply replied 8 years ago
yes, apart for 1 month when I temp moved in with a friend whilst my current address movin in day was changed
Solicitor: Jo C., Barrister replied 8 years ago
OK. And when did you move?
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Customer reply replied 8 years ago
I left my rented room beg of April, postal redircetion was in place approx 2 weeks after, and lasted for 3 months, moved into current address 11th May.
Solicitor: Jo C., Barrister replied 8 years ago

 

And you are adamant that you did not receive a document entitled notice to owner?

 

If I tell you that there is a way out of this for you but if you do it falsely you will probably go to prison, would that focus your mind?

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Customer reply replied 8 years ago

Yes, I recieved this 1st February, which I why I then wrote to them explaining that I had not received a response to my appeal. I then received a subsequent letter explaining that I would now have to wait for the TE3/TE9 letter which would give me a option to file a statement if I belived I have grounds for not paying this notice.

 

I have had no NO communication from anyone since.

 

I have no objections to paying the fine if they feel my appeal was unjustified, its merely the fact that I have not been able to proceed with the option to file a statement due to not receiving any communications from them.

Solicitor: Jo C., Barrister replied 8 years ago
But you did receive a response to the original appeal. They wrote back rejecting it. Thats what I thought you said above.
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Customer reply replied 8 years ago
sorry, this is very confusing............ no i never had a responce to the appeal. it was the notice to owner letter that prompted me to reply via email asking for a response to my appeal. that was followed by the letter stating I could not do anymore untill the TE3/T9 was received, since that letter dated 2nd feb I have had no further correspondance.
Solicitor: Jo C., Barrister replied 8 years ago

 

OK. did you appeal using the forms on the notice to owner?

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Customer reply replied 8 years ago

No the appeal was made when i received the initial parking ticket, I replied to the notice, asking for a responce to my appeal, the next letter stated that my time to appeal was up and stating that a response was posted to me on the 11th November, this I did not receive, and as the notice to owner was issued and the only way to to further this was to wait for the TE4/TE9 to be sent to me.

 

The letter says................

 

I am very sorry but we are unable to respond to your representation as you are out of time.

 

We received your challenge on 4th November and following consideration, a rejection letter was sent to you on 11th November, giving you a futher 14days to pay the reduced amount of £35. As no paymnet was received a Notice to Owner was sent to you.

 

Representation must be made within 31 days of receipt of the Notice to Owner. We have subsequently, sent ot you a Charge Certificate and a pre Debit Letter.

 

If you do not wish to pay this Penalty Charge, you must now wait for the TE3/TE9 to be sent to you, which will give you the option to file a statement if you believe you have grounds for not paying the notice.

 

This was the last correspondace I have received.

 

Hope this helps.

 

Chantale

Solicitor: Jo C., Barrister replied 8 years ago

No, forget all of that.

 

Did you respond to the notice to owner lodging an appeal in accordance with the clear directions upon that document?

 

It should be a simple yes or no.

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Customer reply replied 8 years ago

no, only with an email to council aksing for a responce to my original challenge,

 

The Notice was sent on 10th December, My email to the address on the back was made 31 Jan as was as follows:-

 

To whom it may concern

With respect of the above alleged parking offence issued 22th October 2009 and my subsequent email, in response, I am disappointed to find that my appeal was not replied to.

 

Forgive me if I am not understanding you correctly.



Instead I have received this escalation notice with no reference to my extenuating circumstance appeal.

I would be grateful if you could issue a response to my appeal before escalating the matter further.

I admit that it has taken me a while to reply to the escalation letter and I apologise but I have been away from home to due a personal matter.

I look forward to your response,

Yours sincerely

Mrs Chantale Martin

 

 

The next letter sent on 2nd Feb

 

This letter says....

 

you have failed to pay the pentalty charge due as shown above. In accorance with the provisions of the traffice management act 2004 (as amended) a Notice to Owers and a Charge Certificate have been served on you.

 

The council will now register the charge as a debt at the County Court and the amount will be increased by £5 to include court fees, The court will authroise the issue of power to removal to remove and sell your goods to cover the debt and thier own charges wich can be substantail.

 

To avoid this action please encure that your full payment is recieved at the office within 7 days form today. Payment may be makde by cheque, postal order or credit card and should be accompanied by this notice. The PCN number should be clearly shown on the reverse of the cheque or order. You many also pay my credit card by calling the number shown. Do not send cash through the post.

 

Please ignore this notice if you have already sent full payment.

 

No Further Reminders Will Be Sent.

 

 

Solicitor: Jo C., Barrister replied 8 years ago

Why didn't you pursue the appeal via the usual means?

 

The notice to owner makes quite clear what you need to do.

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Customer reply replied 8 years ago

Not sure, if Im honest, just wanted a response to the onrignal appeal, and a email will suffice according to the Notice to Owner, I thought I had I suppose.

 

It is just the fact that I have not received any further correspondance, I cannot see how I can be charged all the extras whilst I was waiting for the TE3/T39 (what ever they are) to arrive, I thought that was the best thing to do.

Solicitor: Jo C., Barrister replied 8 years ago
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