Baliff chargese on two PCN's

[cb77]

Dear all firstly thank you for the advice I have taken from this forum prior to registering.
I received an Enforcement of Road Traffic Debts Order on my return from honeymoon and have filed using the advice of this forum the PE2 and PE3 forms which the TEC have issued on the Council. I now wait that decision. I did not receive the original PCN's or baliff's first attempts/ visits as I had moved. My PE2 and PE3 forms have on the advice of the TEC been accompanied by proof of moving - I had an intervening address between original and current addresses which is proven. My Car Registration documents were updated 6 months after the infraction.

My queries regard the charges levied on me -

PCN 1 charges as follows -

7/9 Costs 7.00
7/9 Debt 90.00
10/9 Letter fee 13.44
11/10 Visit/ Levy fee 1 37.20
11/10 Attending to remove 129.00
20/11 Visit/ Levy fee 2 70.80

PCN 2 charges as follows -
7/9 Costs 7.00
7/9 Debt 90.00
10/9 Letter fee 13.44
11/10 Visit/ Levy fee 1 37.20
20/11 Visit/ Levy fee 2 46.80
20/10 Attending to remove 129.00

Is it allowed to 'double charge' on a single visit for two seperate but same day issued PCN's?
Given it was clear from visit 1 I had moved, and I have no proof they visited, is a visit/ levy fee 2 allowed?
Is the attending to remove fee, issued twice legitimate?

Advice on next steps whilst waiting the outcome of the OOT and preparing regarding the fees above welcomed

[ploddertom]

Re: Baliff chargese on two PCN's

You will need to wait for the OOT's first as speculation is no good. From what you say the OOT's should be accepted and the tickets are then rolled back to their original charge which you will have the opportunity og being able to pay.

[cb77]

Re: Baliff chargese on two PCN's

ploddertom, thank you for your reply.

I admit I am not preparing for good news so not to be dissapointed! I guess regarding the fees I want to be set up and have things sorted if my OOT is nt granted and have to act, so if there are issues with them I can do something.

[UnitedFront]

Re: Baliff chargese on two PCN's

I have personally never seen an application through the TEC be successful at first instance, although logic would say there must be some, however rare.

A few years ago I had a similar thing with my father - his application to the TEC was dismissed without even going before a judge, which is standard practice. The only reason this happened was the ONE LINE submitted by the issuing authority which stated 'We wish to contest this application...'

In the end we applied via our local county court and had the original pcn set aside. It was then reissued and the smaller original sum, including initial discount, was paid.

There are pluses and minuses to this route; there is a fee to apply to the County Court, subject to concessions for low income etc, plus the original penalty charge still has to be paid.

We did the maths and decided that it was worth going to court (we were confident we would win, but this has to be assessed in light of your specific facts) because it would result in a lower overall cost compared to paying what the bailiffs were demanding. In the end the County Court sided with us.

To start with, I would prepare yourself for rejection from the TEC because that is, in my personal view, almost certain. From there it is up to you.

[cb77]

Re: Baliff chargese on two PCN's

UnitedFront thank you for replying.
I do not contest the PCN itself as I no doubt did drive in the bus lane and have issue paying that - it's sad a local authority will insist on baliffs profiting rather than accept the OOT and recouping the original penatly without such a 'fight'.

[labman]

Re: Baliff chargese on two PCN's

Can you tell us how much the original fine was for please? We can then have a go at working out correct fees in case the OTT goes against you.

Thanks.

[cb77]

Re: Baliff chargese on two PCN's

Can you tell us how much the original fine was for please? We can then have a go at working out correct fees in case the OTT goes against you.

The Council told me each original PCN was £60, rising to £90 in each instance due to not paying within the normal time set by the Council

thanks

[labman]

Re: Baliff chargese on two PCN's

OK, IF the fees are lawful, I calculate them to be the same on each PCN. If no levy has taken place, they can't charge an Attendance to Remove fee, and can't charge twice on the same day for the same fine.

Letter £11.20
Visit 1 £25.20
Visit 2 £35.39
Total So Far: £71.79
VAT @20%: £ 14.36
Total With Vat = £86.15
Plus Fine of £90 = Grand Total of £176.15

[cb77]

Re: Baliff chargese on two PCN's

OK, IF the fees are lawful, I calculate them to be the same on each PCN. If no levy has taken place, they can't charge an Attendance to Remove fee, and can't charge twice on the same day for the same fine.

Letter £11.20
Visit 1 £25.20
Visit 2 £35.39
Total So Far: £71.79
VAT @20%: £ 14.36
Total With Vat = £86.15
Plus Fine of £90 = Grand Total of £176.15

Labman sorry to ask further question has I appreciate you calculating the above.
Given what you say, my total amount owing with correct fees is

PCN 1 = 90.00
PCN 2 = 90.00
Bailiff charges = 86.15

Total = £266.15

Thanks

[labman]

Re: Baliff chargese on two PCN's

No. IMO (which might be wrong) you owe £176.15 for each PCN, so a total of £352.30 - sorry!