HELP! Bailiffs came for unpaid PCN - Removal 48 hours!

[peteb1984]

Hi everyone. I'm new here.

Had a bailiff from Jacobs come to my door yesterday (12/02/2013) over an unpaid PCN from Bradford Parking Services. It has gone through the Traffic Enforcement Centre. I didn't answer the door, but the guy who came looked through the windows of the front room (I was upstairs so he didn't see anyone) and then he posted a letter through my door.

On the letter it says in big red letters REMOVAL 48 HOURS and the balance due is £225.54. It says he will re-attend the premises and may remove goods even in my absence. To stop removal action I must make payment in full within 48 hours blah blah blah.

Immediately after this happened I did a bit of research online and filled out an Out of Time Statutory Declaration which I quickly had witnessed by a solicitor and got it in the post. I've also sent the following email to Jacobs:

Dear Jacobs,

I'm writing to you in regards to Mr. K. O'Neill who claims to be a representative of your company, who also claims according to the letter posted through my door on 12/02/2013, that you have been instructed by the Council - specifically Bradford Parking Services - to collect a warrant and any enforcement costs incurred. Your reference for this is *********.

First, having checked the Certified Bailiff Register I have discovered that Mr. K. O'Neill is NOT a certified bailiff working for your company, indicating that you have passed my information on to a 3rd party. If the Council does not allow a 3rd party to collect debts on its behalf, then you have broken the Data Protection Act and I will prosecute you to the full extent of the law. I have written to the Council regarding this issue.

Second, I have filed an Out of Time Statutory Declaration with the Traffic Enforcement Centre which has been witnessed by a solicitor. You are required to suspend any bailiff actions until a final order has been made. The local authority will also instruct you to suspend if they have not done so already.

Last, you will find attached to this email the Removal of Implied Right of Access notice. I have sent this by post as well. Failure to comply is outlined at the bottom of the notice. Please be aware that my property is surrounded by 24 hour CCTV with audio capture.

I will not enter into any further correspondence with you or Mr. K. O'Neill on the above matters, and I will only correspond with the Council, Bradford Parking Services, and the Traffic Enforcement Centre.

Yours faithfully,
Adam *******

So I attached the Removal of Implied Right of Access notice which I got from getoutofdebtfree.org and also popped it in the post too.

By the way, this all came about because I parked in Bradford near the national media museum and the ticket machine was not working. It didn't have a sign on it saying out of order but it wouldn't accept any coins. This happened to other people who were around and a few cars had left notes saying "ticket machine not working" so I also did the same and left it on the dashboard, but still got a ticket anyway. I'm not from the area so didn't know where to look for another machine.

I'm just wondering if you guys think this is all sound and is there anything else I should do? Should I write to the council and instruct them to stop the bailiffs despite the Out of Time application I filed??

Thanks in advance for any advice.

Adam

[bizzybob]

Re: HELP! Bailiffs came for unpaid PCN - Removal 48 hours!

Jacobs may well likely ignore the removal of implied right, and clamp your car anyway, as that is their usual MO, so if you could hide the car it would be good until you have a result from the OOT. You have filled in the requisite form for OOT from Northampton TEC, rather than a statement? I would contact the council and inform them that you have filed OOT, and could they suspend bailiff action pending the outcome. They also will likely say the withdrawal of implied right doean't apply to their bailiff as they are collecting public debt or some such thing. Other Beagles will no doubt help further soon as they get on here.

[ploddertom]

Re: HELP! Bailiffs came for unpaid PCN - Removal 48 hours!

For a PVN the amount charged does actually look quite reasonable and if it were me would think about paying it first and sorting it out afterwards. I would suspect next letter you get will be nearly double.

[ploddertom]

Re: HELP! Bailiffs came for unpaid PCN - Removal 48 hours!

I have a feeling you may have submitted the wrong forms to the TEC as needing a countersignature appears to suggest you have used the older type of forms. You would have been better ringing the TEC direct as they would have sent you the correct ones. Did you appeal the initial ticket?

As for the Bailiff the Register is not 100% accurate so you would need to contact the MOJ to find out what they have.