advice please - bailiffs and birmingham city council!

[alligator]

Hi all, new to this and desperately in need of help.

Nov 2008 very surprisingly had bailiffs visit to home. thankfully was ot at home. apparently i owe b'ham city coulcil thousands in penalty charge notices which i knew nothing about!

did not receive notice to owner.

in mad frenzy, wrote many letter to tec, city council and bailiffs.

eventually sent a 'statutory declaration out of time' which i filled in and got sworn. sent by registered mail as did not want them to have the chance of saying did not receive it. apparently delivered on 25/11/8 as per royal mail.
however, i have heard nothing from the city council or tec since. i have telephoned many times to make sure bailiff action had been suspended, but even then, a bailiff turned up on 1/12/8, but none since. i constantly have to ring the city council to ensure the bailiff company have been informed. also the city council keep telling me they are waiting to receive the form from tec.

i am petrified about what is going to happen. i don't know what else to do. neither the city council nor tec are getting in touch with me.

do they have a time limit in which they have to reply?

how long do these tickets last for? i have asked for evidence, they say there probably are photographs but i have received nothing.

the worst thing is, i have parking tickets that i have paid for and yet they don't seem to understand that i know nothing about these ticket!!!

any advice much appreciated.

many thanks

[enaid]

Re: advice please - bailiffs and birmingham city council!

Hello alligator and welcome to Beagles,
I am not able to help you with your query, I am sure someone who can, will be along soon.
Enaid x

[Amy]

Re: advice please - bailiffs and birmingham city council!

The bailiffs have visited your property twice? Once before you sent the statutory declaration and once after? Is this correct?

Have you copied any of this paperwork to the bailiff company at all? Are they aware of any of this?

Did you send the statutory declaration to TEC or the local authority? Do you know if you filed a valid statutory declaration?

If the statutory declaration was valid, then the order for recovery should have been suspended. This does not mean that the penalty charge has been cancelled though. The local authority may continue to pursue the charge, but will contact you if that is what they intend to do.

TEC also cannot suspend or cancel any bailiff action only the local authority can.

If you can fill in the blanks above, we can take it from there.

[alligator]

Re: advice please - bailiffs and birmingham city council!

Thank you amy.

Bailiffs have visited my property 3 times, twice before statutory declaration. i have copied all letters to all 3 - city council, bailiffs and tec.

how can a statutory declaration not be valid? - i had to go to a commissioner for oaths. i know that tec have received it as i lady informed me so, although city council say they have not received it. i have been calling mr pitt at the city council and he keeps saying he will get back to me but never does. he told me last week that bailiff action was suspended until middle of january. i don't know what to do as i know tec have the form bt am not sure if the city council have it?

[Amy]

Re: advice please - bailiffs and birmingham city council!

Did you submit both the PE2 and PE3?

When an acceptable application has been received, the TEC should notify the local authority and they are then given 19 working days to either accept or reject the application.

[alligator]

Re: advice please - bailiffs and birmingham city council!

what is a PE 2 and 3?

[Amy]

Re: advice please - bailiffs and birmingham city council!

They are the statutory declaration and statutory declaration (out of time) forms.

[alligator]

Re: advice please - bailiffs and birmingham city council!

i have submitted both forms.

the windy story is as follows:

bailiffs turn up on 22/11/8 and leave a letter. I madly ring around and finally find out how this works. days and weeks of emails and letters to tec, city council and bailiffs (all mail registered).

finally city council send me statutory declaration forms, which i return to them by fax and rehistered mail, delivered on 25/11/8.

Since, I have heard nothing. I communicate via telephone with a mr pitt from the city council and he keeps telling me they have not received he forms, although a lady i spoke to at tec say they have it and planned to send it to city council (this was about 3 weeks ago). Rang mr pitt last week, he says he'll check it out ad get back to me. I just e-mailed the bailiff company and they say that action has not been canceled and they will continue!!!

petrified! no joy from anyone!

[Amy]

Re: advice please - bailiffs and birmingham city council!

It appears to me that you have done everything you can.

You now need to stop telephoning these people and start writing to them.

[alligator]

Re: advice please - bailiffs and birmingham city council!

I have written lengthy letters to tec, city council and bristow and sutor, kept copies.

Prior to that, following a telephone conversation, the council guy has sent me form TE 9 to fill in. Is this appropriate?

[Amy]

Re: advice please - bailiffs and birmingham city council!

It is a witness statement form. Fill it out and return it.

[alligator]

Re: advice please - bailiffs and birmingham city council!

does it need to be signed by a commissioner for oaths?

Do I sign under the boxes that say witness statement?

thank you!

[tomtubby]

Re: advice please - bailiffs and birmingham city council!

Did you file the PE2 /3 or the TE9?

The PE2 etc is for PCN's issued under the Road Traffic Act 1991 and the TE9 is for PCN's issued after 31st March 2008 when the TMA 2004 replaced the Road Traffic Act.

The TEC send a copy of the OOT to the local authority and they have 19 business days in which to either accept or reject you application. If they do not respond then on the 20th day your application is accepted. It is for this reason that you must NOT telephone the council and wait......you do not want to remind them to look out for your application !!

The cut off date for their rejection to be received would therefore be 22nd December and if no response from the council then your application would be accepted on 23rd December....

HOWEVER, the TEC are currently working to at least a 2 week backlog. I would suggest calling them tomorrow . Do NOT call the council !!!

If your application is rejected, TEC will send you full details on how to appeal and if you need help then please do post back.

www.bailiffadviceonline.co.uk

[alligator]

Re: advice please - bailiffs and birmingham city council!

wow, thanks.
they initially sent me the PE2/3, which i filled in and sent on 25/11. council said that I did not fill in parking ticket no accurately,as TEC had filled it in and put down BM******* x 4 cases, which is apparently wrong, and they therefore do not have a OOT for the bailiffs cases. therefore they have sent me the TE9.

[tomtubby]

Re: advice please - bailiffs and birmingham city council!

Are you saying that you have completed the PE9 ? If so, what date was this sent to TEC?


www.bailiffadviceonline.co.uk