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Urgent Advice needed please - PCN leading to Enforcement Action
I've just read a 2012 post and have saved some useful info from it, but I wanted some more specific advice please? It's for friends of mine. I've tried to be relatively vague to protect their identity.
PCN incurred Jan '22, significant bereavement days later - the car concerned previously owned by this person, so significant sentimental value.
Letter from local council about PCN in April '22, immediately contacted the council who advised them to send appeal to the Traffic Enforcement Centre (TEC), Northampton. The appeal was on the basis of bereavement, poor mental health and stretched finances left them unable to pay the debt in full in one hit, so they wanted understanding and a payment plan.
Nothing heard and it was forgotten about.
Fast forward to June, couple returned home from work to find car missing. Ring doorbell footage shows a clamp being fitted and then the car being loaded onto a truck and removed. At no point did anyone approach the house, which the footage proves. Car reported to the Police as stolen.
Two days later, a Notice of Sale was received through the post. This was the first point the couple knew who had their car.
Numerous calls and emails to local council, Traffic Enforcement Centre, Enforcement Agency, Citizens Advice Bureau, Police and Victim Support.
The Enforcement Agency were informed of poor mental health and this leaving him suicidal and therefore vulnerable but were extremely cold and unsympathetic.
The debt (over £700!) was paid in full, and confirmation of payment sent to the enforcement agent via text.
The following day the enforcement agent was very obstructive, stating “that he (agent) was in control, and he would allow collection only when he said so”. The office repeatedly hung up on their pleas for help with the situation.
This behaviour left Mr spiralling to the brink of suicide, fearing the car wouldn't be returned - we had to call the Police via 999 to help find him. He is safe now and being well supported.
Various calls and texts left us at almost close of business hours before the location of the vehicle was given – we believe the enforcement agent did this intentionally. The car has now been collected.
The letter in April and the Notice of Sale was the ONLY written communication from anyone about the PCN and subsequent enforcement action.
I believe the Enforcement Agency and Agent have acted illegally; my friends would have paid the fine way before an enforcement agent needed to attend. Given the lack of documentation and the vile misconduct of the agent, I would like to support my friends to pursue a complaint, and if I can help them get some of the fine rescinded then all the better. If we can get the agency and agent sanctioned, then I would be pleased to help prevent others being treated so poorly.
I've drafted an email Subject Access Request for my friends to send in order to obtain more evidence but I'm doubting myself if this is the correct action to take?!
It really angers me that they have been let down for it to have reached this point. I’ll be very grateful for any advice you can offer.
Thanks in advance.
PCN incurred Jan '22, significant bereavement days later - the car concerned previously owned by this person, so significant sentimental value.
Letter from local council about PCN in April '22, immediately contacted the council who advised them to send appeal to the Traffic Enforcement Centre (TEC), Northampton. The appeal was on the basis of bereavement, poor mental health and stretched finances left them unable to pay the debt in full in one hit, so they wanted understanding and a payment plan.
Nothing heard and it was forgotten about.
Fast forward to June, couple returned home from work to find car missing. Ring doorbell footage shows a clamp being fitted and then the car being loaded onto a truck and removed. At no point did anyone approach the house, which the footage proves. Car reported to the Police as stolen.
Two days later, a Notice of Sale was received through the post. This was the first point the couple knew who had their car.
Numerous calls and emails to local council, Traffic Enforcement Centre, Enforcement Agency, Citizens Advice Bureau, Police and Victim Support.
The Enforcement Agency were informed of poor mental health and this leaving him suicidal and therefore vulnerable but were extremely cold and unsympathetic.
The debt (over £700!) was paid in full, and confirmation of payment sent to the enforcement agent via text.
The following day the enforcement agent was very obstructive, stating “that he (agent) was in control, and he would allow collection only when he said so”. The office repeatedly hung up on their pleas for help with the situation.
This behaviour left Mr spiralling to the brink of suicide, fearing the car wouldn't be returned - we had to call the Police via 999 to help find him. He is safe now and being well supported.
Various calls and texts left us at almost close of business hours before the location of the vehicle was given – we believe the enforcement agent did this intentionally. The car has now been collected.
The letter in April and the Notice of Sale was the ONLY written communication from anyone about the PCN and subsequent enforcement action.
I believe the Enforcement Agency and Agent have acted illegally; my friends would have paid the fine way before an enforcement agent needed to attend. Given the lack of documentation and the vile misconduct of the agent, I would like to support my friends to pursue a complaint, and if I can help them get some of the fine rescinded then all the better. If we can get the agency and agent sanctioned, then I would be pleased to help prevent others being treated so poorly.
I've drafted an email Subject Access Request for my friends to send in order to obtain more evidence but I'm doubting myself if this is the correct action to take?!
It really angers me that they have been let down for it to have reached this point. I’ll be very grateful for any advice you can offer.
Thanks in advance.
