Outstanding Unpaid Penalty Charge !

[frances1p]

ANY URGENT HELP/ADVICE, WOULD BE APPRECIATED - SEEMS I MAY BE VISITED AGAIN BY BAILIFFS TO COLLECT GOODS WITHIN 24 HOURS!!!

i received a letter from Certificated Bailiffs - Swift Credit Services. Letter dated 18/06/09, which refers to an unpaid Penalty charge notice. As I could not think of any penalty notice outstanding, I must admit I kind of 'filed this letter and gave it no more thought!'
Another letter from them, dated 1/7/09 arrived and I did read it and had every intention of chasing it up etc as I could not recall having an outstanding PCN. The Letter from Swift, makes reference to the PCN No/Ref, but gives no other details, just contains threats and costs and threatened Court action etc.

Today, when I awoke - there was a letter waiting for me which had been hand delivered.
It was from Swift, clearly headed ENFORCEMENT ACTION, ON THE INSTRUJCTIONS OF NORTHAMPTON COUNTY COURT. It states, TAKE NOTICE THAT UNLESS THE SUM OF £221.98 IS PAID TO OUR OFFICE WITHIN THE NEXT 24 HOURS, WE SHALL RE-ATTEND WITH A VIEW TO REMOVING YOUR GOODS ETC ETC ETC.

Help!! What can I do, so little time and absolutely no cash to pay this. Neither am I any the wiser as to the origin of this PCN (except the pCN NO).

I realise I let the matter slide a bit, but I have been so busy attending to matters relating to my son's education (he has SEN, threatened with Permanent Exclusion, appealing against school and other school issues). Given the little time left prior to the holidays, I have been very busy with various meetings etc schools, educational welfare, Local authority etc etc.

I am myself disabled, (serious heart defects), rely solely on disability benefits and Income Support - my car is safe I know as it is under Motability ownership.

But I am concerned overall as to what they may do next and need to establish my rights, if any??????!!!!!!!!!!!!!!!

PLS ADVISE SOONEST, MANY THANKS - MS PHILLIPS:tinysmile_cry_t:

[frances1p]

Re: Outstanding Unpaid Penalty Charge !

ADDITIONAL INFORMATION / QUERY?

I have just scrutinised the letters referred to above. The Letters dated 18/06/09 and 01/07/09 from Swift, seem identical (just different dates) -
However, on closer inspection I notice:

Letter dated 18/06/2009 : They have listed due amounts as:
'Unpaid Penalty Charge Notice' £155.00
Bailiff Letter £ 12.88

Letter dated 01/07/2009: ' Unpaid CCTV Contravention ' £155.00
Bailiff Letter £ 12.88

So the original letter, clearly states there being an unpaid PCN and the second letter, is identical in every respect except it describes there being an, outstanding CCTV Contravention? Either way, I am non the wiser as to its origin, in terms of where the alleged contravention occurred or indeed, when?

But does not alter the fact that I still have this dreaded ENFORCEMENT NOTICE, 24 HRS FOR FULL SETTLEMENT - OR ELSE, THEY WILL BE BACK !!!
PLS! PLS! PLS! HELP????????????????????/

THANKS !!!!

[Guest]

Re: Outstanding Unpaid Penalty Charge !

They cannot remove goods unless you let them in - so don't.

Take a look here - Bailiff Guide - Legal Beagles

[Dougal16T]

Re: Outstanding Unpaid Penalty Charge !

Good evening,

I would phone the Court and check to see if there has been any instruction given to their Bailiff. It is not unknown for someone as underhand as Swift to deceive you blatantly by lying!

I am embroiled in a long and protracted dispute which will result in the prosecution of Swift and the directors of the Company.

If you would like details please feel free to PM me.

Kind regards


Dougal
------------------------------- merged -------------------------------

ANY URGENT HELP/ADVICE, WOULD BE APPRECIATED - SEEMS I MAY BE VISITED AGAIN BY BAILIFFS TO COLLECT GOODS WITHIN 24 HOURS!!!

i received a letter from Certificated Bailiffs - Swift Credit Services. Letter dated 18/06/09, which refers to an unpaid Penalty charge notice. As I could not think of any penalty notice outstanding, I must admit I kind of 'filed this letter and gave it no more thought!'
Another letter from them, dated 1/7/09 arrived and I did read it and had every intention of chasing it up etc as I could not recall having an outstanding PCN. The Letter from Swift, makes reference to the PCN No/Ref, but gives no other details, just contains threats and costs and threatened Court action etc.

Today, when I awoke - there was a letter waiting for me which had been hand delivered.
It was from Swift, clearly headed ENFORCEMENT ACTION, ON THE INSTRUJCTIONS OF NORTHAMPTON COUNTY COURT. It states, TAKE NOTICE THAT UNLESS THE SUM OF £221.98 IS PAID TO OUR OFFICE WITHIN THE NEXT 24 HOURS, WE SHALL RE-ATTEND WITH A VIEW TO REMOVING YOUR GOODS ETC ETC ETC.

Help!! What can I do, so little time and absolutely no cash to pay this. Neither am I any the wiser as to the origin of this PCN (except the pCN NO).

I realise I let the matter slide a bit, but I have been so busy attending to matters relating to my son's education (he has SEN, threatened with Permanent Exclusion, appealing against school and other school issues). Given the little time left prior to the holidays, I have been very busy with various meetings etc schools, educational welfare, Local authority etc etc.

I am myself disabled, (serious heart defects), rely solely on disability benefits and Income Support - my car is safe I know as it is under Motability ownership.

But I am concerned overall as to what they may do next and need to establish my rights, if any??????!!!!!!!!!!!!!!!

PLS ADVISE SOONEST, MANY THANKS - MS PHILLIPS:tinysmile_cry_t:

Hello again,

I would also check whether they really are certificated bailiffs, I do not believe they are for one moment. It seems that all of the paperwork has come out in as rush, there is no sequence, no application to the Court.

A penalty charge notice - what for?

You must write/contact Swift Credit Services (I believe they are a subsidiary of Swift Group plc) and obtain FULL details of this alleged PCN.

Tell them you dispute this in its entirety.

Bailiffs cannot be used if a judgement has not been entered against you. If a judgement has been entered without your knowledge you can apply to have it set aside, pending a hearing at which you can attend and put your case.

You may well have case against Swift under the Fraud Act 2006. If you PM me I may be able to help you with the letters you need, although there are some exceptional people on this site who will do the same, and there is no charge!

If the 'bailiff' calls then if necessary call the Police, and tell them what is happening. This is a crime if no proceedings have been started in any court, they cannot just help themselves because you have not paid what they say you owe!

All the best


Dougal

[Judge mental]

Re: Outstanding Unpaid Penalty Charge !

Hi:

You need to do two things as a matter of urgency,.

1) Produce an 'out of time Statutory Declaration'. This is a statement from you, signed under oath and send it to the Traffic Enforcement Centre, Northampton. This will halt the recovery action and the Local authority will be asked to send you a copy of the PCN, you will then have 14 days to complain against its issue or pay at the discounted rate.

To do this, download the standard form for this (PE2) here is a direct link
http://www.hmcourts-service.gov.uk/c...cationPack.pdf
In the box marked 'My reasons for filing the Statutory Declaration outside the given time' - state that you have not received the PCN, or any subsequent notices.

To get it sworn, take it to any solicitors, they will do it for a small fee or to your local court who will do it at no charge.

Send it to The Traffic Enforcement Centre, St Katherines House, 21-27 St Katherines street, Northampton, NN1 2LH, via guarenteed next day delivery.

2) you should contact the Baillifs, in writing via email but also send a copy via recorded delivery stating an 'out of time statutory declaration has been sent to the traffic enforcement centre.

As previously stated, if the baillifs do visit you, do not let them in!

Hope this helps.

[frances1p]

Re: Outstanding Unpaid Penalty Charge !

Thanks so much for the help - your advice realy did pay off, without too much hassle being encountered along the way!

As you advised, I filled in a Statutory Out of Date Declaration and got it sworn in at Local County Court. I then sent it off to Northampton Court and a copy to Swift Bailiffs.

Evrything went well an the Bailiffs actually wrote saying they would be holding off until further instructions, owing to Statutory Declaration being filed etc. I did not receive any further hassle/letters etc from them,

Last week, I received notice from orthampton County Court, reference the alleged PCN outstanding? The court ordered the PCN be revoked and it is unlikely any more will come of it.

So thank you so very much for your prompt and accurate information, which has entirely solved this problem now. Thank you once again.
Cheers:tinysmile_twink_t2:

[enaid]

Re: Outstanding Unpaid Penalty Charge !

Well done and thanks for the update always good to hear the outcome, especially a good one.

Last week, I received notice from orthampton County Court, reference the alleged PCN outstanding? The court ordered the PCN be revoked and it is unlikely any more will come of it.
Do not throw this info away, just in case :tinysmile_twink_t2:

[Sapphire]

Re: Outstanding Unpaid Penalty Charge !

Well done and congratulations !