help please jacobs bailiffs clamped car for unpaid pcn

[madmaria43]

HI guys
I am so angry with this bailiff and the local council for sending him to clamp my car. It is disgusting I received a pcn last june for staying 12 minutes over time in a council car park. then completely forgot about paying it as my mum had just died and everything went to the wall. Since then i have heard nothing at all until monday this week when the bailiff came and clamped my care whilst i was still in bed at 7.30. i came downstairs to find a note shoved through my door stating that they wanted payment of £298.00 to remove the clamp. i nearly dropeped so in tears i am running round the house wondering what the hell to do, my husband had a hospital appointment at 10am for injections in his ankles because he has both tendons ruptured and can hardly walk, it was too late to arrange a lift because everyone was at work and a taxi from here to the hospital is about £30 there and back and we are on benefits. I am on DLA due to a long standing mental illness and i also had an appointment the following day.

with having a mental illness this kind of shock really hits me in a big way the stress and anxiety it caused was horrendous, to the point that i was shaking and throwing up, thats just the way it is and i cant help it. I honestly thought there was a law to protect vulnerable people but found out that as usual it is only guidlines so they dont have to follow it.

anyway my husband rang the bailiff and said why didnt you wait to speak to us before putting the clamp on the car and his reply was "i dont have to you owe the money i clamp your car until you pay". he said what if we cant pay? the bailiff replied well i come at 5pm and tow it away. Simple as that!

so i got on the computer and started searching for some help online and did by way of a youtube video that told me to email a document called a te7 and te9 to northampton court. which i did and put the pcn number in the title and sent it off.

i then informed the bailiff who said that he would not tow the car until he heard from the council (nice of him) anyway the video said that it would be processed by the court after 4pm then the local authority would be contacted who would contact the bailiff and the enforcement would be ceased.

I phoned the court to make sure they had recieved it but no joy that afternoon and she told me to ring in the morning which i did. only to find out that the file size was to big the only accepted files of 5mb and mine was 11.7mb because i had sent proof of illness etc.

So the lady said fax it instead which i did and also emailed it again in 3 emails. which they finally received tuesday afternoon. still expecting a phone call from the bailiff or council to say that enforcement action had ceased i was disappointed to find this did not happen.

today i contacted the court again and they told me the authority had been notified and could take up tothe middle of july with their answer and in the mean time the clamp would have to stay on my car. i was gutted and frustrated and angry.

i rang the baliff he told me tough he wasnt taking it off even though i had hospital appointments he could nt give a toss, told me to borrow the money from my parents, i told him they were both dead. and i had no credit card an no way of borrowing it. i pleaded with him to take it off and in the end he said he would reduce the fee to £225 as a favour best he could do. i told him i still couldnt afford it and put the phone down.

my husband rang the council and he said he had not been notified by the court i could nt believe it this was a joke. he said he would contact the court and told my husband to phone back which he did four times only for the council guy to turn round and say i will contact you in writing but would nt say when.
so i am stuck now and dont know waht to do was thinkiing of cutting it off because i need to get to these appointments as they are important. and i dont see why i should not be able to use my car. I am sure there is a rule about levy abandonment i just need someone to point me in the direction of a legal letter template or something to send to the council and the bailiff. I am sure that if i remove the clamp that it is not illegal. but not sure so dont want to do it unless i am sure any help would be great to see where i stand on this one thankyou so much madmaria

[labman]

Re: help please jacobs bailiffs clamped car for unpaid pcn

Hi,

I'm sorry to hear about your troubles. The link below sets out exactly what should happen now they've received the forms. Just make sure that you state you need a means test in order to be able to pay the fine at a sensible rate. Don't worry - it will feel like the end of the world now, but it isn't.

Meanwhile send Letter 1 from here http://www.legalbeagles.info/forums/...Useful-Letters and when you get a reply, post it up and we can ascertain which fees are lawful and which are not as it is likely the bailiff will have charged some he should not have. Get at minimum proof of postage and you may well want to send it recorded delivery.

[wales01man]

Re: help please jacobs bailiffs clamped car for unpaid pcn

Get in touch with your councillor MP local paper seems you have a case here if you can pay a small amount the council must accept it

[labman]

Re: help please jacobs bailiffs clamped car for unpaid pcn

I would cut the thing off.this bailiff saying what you say he says is behaving like an utter a hole get in touch with your councillor MP local paper seems you have a case here if you can pay a small amount the council must acceot it

Not the case with a PCN I don't think. However, the OP should be classed as vulnerable by the sounds of it, so all should work out fine. Time will tell.

[madmaria43]

Re: help please jacobs bailiffs clamped car for unpaid pcn

Hi guys thankyou so much for your advice I have been reading lots on the web about legal stuff and the law but it is so confusing when you are not a solicitor.
what annoys me is the fact that i wrote all over the forms i sent to court that i was classed as a vulnerable person and that i had hospital appointments etc. I have even got a (MALG FORM) to get signed by my doctor which is a debt and mental health evidence form. which i thought may help. but it doesnt help in the mean time when i have all these appointments that i am missing.
you would think that the council would tel the clamper to remove the damn clamp until he decided what the hell he was going to do it says on the court transport enforcement site that it can take 19 days just for the council to reject it and send it backto court.
if this is the case i am faced with another nightmare because my car runs out of mot next week and tax so what happens then i cant move it to get it mot so do the dvla come an put a clamp on the other side and fine me for that too! I am loosing the will to live with these idiots no wonder people completely loose it. all this for going 12 minutes over time in a car park that wasnt even half full. only due to the fact that believe it or not i got locked in santander whilst they topped up the cash machine and that is not a lie it is the truth. (i could kick myself for forgetting to write to them) but hey nothing i can do now. dont suppose anyone in santander will remember filling their cash machine at 4pm on the 2ndd of june 2012?? nightmare any more advice would be great thankyou. i am thinking of ringing the court again to see if the council guy has rejected it yet . will let you know thankyuo again for all your help madmaria

[labman]

Re: help please jacobs bailiffs clamped car for unpaid pcn

Have you asked to see a copy of the clamping order?

You need to get the MALG forms completed and sent asap as well - they hold quite a punch.

[madmaria43]

Re: help please jacobs bailiffs clamped car for unpaid pcn

Thankyou again to all of you that have given me advice and no i havent seen any documentation whatsoever from the baliff just the note he put through my letter box with the bailiffs name on it a telephone number and what i owe alegedly. I havent even seen the bailliff yet just spoke on the telephone with him.
And yes i will defo get that form (MALG) done tomorrow but getting to see the doctor is another feat in itself why is everything so complicated these days???
Years ago you could talk to people and they were human and understood english and were sympathetic now we are faced with people that sound like they are reading out of a manual it drives me nuts.
All this rubbish about complying to regulations and procedure my backside they are all liars and robbers the lot of them. rant over sorry back to the paperwork i will keep you updated on what happens thanks again Maria

[labman]

Re: help please jacobs bailiffs clamped car for unpaid pcn

Can you not hand the form in at reception for your doctor to complete? I imagine it's unlikely he'd complete it during a consultation anyway.

[Doglover]

Re: help please jacobs bailiffs clamped car for unpaid pcn

Some years ago the same thing happened to me. I used to be a driving instructor and I woke up one morning to find my other car, which was parked directly behind the driving school car, clamped. The parking fine was for parking in my own street, which was really annoying. There was a single yellow line in the road, recently put there to stop people parking and going to the station, which nobody ever did anyway because there wasn't room. I was very angry because they didn't even knock or try to see me, just clamped my car because that got them more money.

Lucky I was able to pay it, though it was three hundred and something, but I was speaking to another bailiff and he told me I should have phoned the bailiffs and told them you needed the driving school car for work and they would have had to remove it. I was able to manouevre the school car enough to get it out as it happens, but it wasn't easy.

I hope you get it sorted soon.

[madmaria43]

Re: help please jacobs bailiffs clamped car for unpaid pcn

Hi everyone just a quick update for you as things have just gone from bad to worse and i dont know what the hell is going to happen now!!!!
I missed out some important info on here regarding this pcn and the NTO and other documentation that i did not receive( this is how my mental illness affects me i am very forgetfull and end up leaving out importand details or end up repeating myself so please bear with me i get there in the end).

I never received an NTO or any other docs from the parking people until the notice from jacobs was posted through the door on the day they clamped my car. this was the reason i used (grounds one) on the out of time application i made to the TEC. I tried to explain to the council and on the application that my mail was being delivered to a woman in another street with a street name similar to mine. this was going on from the middle of 2012 to december 2012.

i only found this out when i got a letter for her and took it to her address and she informed me she had been receiving my mail but had put it back in the post box or thrown it away. I couldn't believe what this woman was saying there was i with one letter for her and because i am a genuine person i take the trouble to take it to her address and all this time she has been throwing mine in the bin. But at least i found out the reasons why my mail wasnt being delivered to me. There had been a lot of changes at our sorting office and we regularly had new postmen sometimes mail would not arrive till 3pm so i presume this is the reason for the delivery to the wrong address.
(so that is the reason i have not done anything till now because i forgot and had nothing to remind me)

Anyway the council received the time out application and rejected it, on the 21st of june for the reasons that they didnt believe i didnt receive the NTO OR THE OTHER DOCUMENTS and they trust the royal mail rather than my version of events.

I wouldnt mind but my husband had been on the phone to the guy at the council who makes the decison and told him that i was vulnerable and just to put the matter to a close i could borrow the £70 to pay the orignal pcn then it could be done with and i could stop being ill over it.

the man at the council said he was still deciding and i would lt me know by letter which he did rejecting my application and refering the matter back to the court for the court officials impartial decision. Which was also rejected on the 26th of June.
I have still not heard from the court or the council informing me that it has been rejected the first i knew about it was when again jacobs informed me by letter dated the 1st of july 2013 that the council had told them to continue enforcement action against me I am still shaking now all these days after because it is still going on and i still dont know if my car is goingto be towed away.
i couldnt believe that i had not received the decision by post from either the court or the council.
so today my husband phoned the TEC and they told him that on the 26th of June the letter informing me had been posted. and he told them i hadnt received it.(this just goes to show what i am saying is true about the post i wouldnt be suprised if the woman on the other street hasnt got it) alledgedly they sent it on the 26th of june which is nearly two weeks ago so where is it?
so as it stands at the moment i am on the edge my nerves are shattered i jump everytime the door goes and feel permenantly sick and can not sleep, my car is my lifeline to the outside world without it i would never go out its what makes me feel safe, i can go out because its like a little safe retreat that i can run back to if i get worked up have a panic attack anything like that so without it i wouldnt dare go out.
But these idiots dont care about me they just want money jacobs have now put the amount up to £394.00 which i just can not afford and tbh if i had it i wouldnt pay it now on priinciple after what they hhave put me through. psycologically i couldnt feel any worse if they had beaten me up. so i have complained to the local authority ombudsman about the council and i am about to submit and n244 to hopefully have the judgement set aside.
i have written to the council offering the £70 as full and final settlement and to call of the bailiff rotweiller. and included evidence of my illness and reminded them that i am a vulnerable person that they were told and the bailiff was told and both decided to ignore the fact ignore the guidelines set out for them and carry on makeing me ill. When they had the authority at any time to recall the bailiff and resolve the matter in a non confrontational way, which i was offering by offering to pay the pcn in full.
we will see now what the council say to that i just got mad and started writing i just hope it works.
will let you know how it goes thank you again to all of you kind regards maria

[bluebottle]

Re: help please jacobs bailiffs clamped car for unpaid pcn

I would get your GP to write a letter confirming your mental health status. As such, you appear to fall under the vulnerable category in the National Standards for Enforcement Agents. Get the letter copied and serve on the council involved and Jacobs.

[madmaria43]

Re: help please jacobs bailiffs clamped car for unpaid pcn

I would get your GP to write a letter confirming your mental health status. As such, you appear to fall under the vulnerable category in the National Standards for Enforcement Agents. Get the letter copied and serve on the council involved and Jacobs. If the council ignore, that may amount to maladministration on their part. The last thing they need is a blasting from the Local Government Ombudsman or being exposed in the media as maltreating those with disabilities, albeit that the sport of the moment appears to be "Diss the Disabled", a policy, I suspect, is going to come back and smack this discredited and corrupt government in the face.

Hi Bluebottle and everyone
Yes i totally agree about the corrupt government they are a bunch of barstewards the lot of them !!
But anyways I have news that makes me feel a little better anyway, unless I told you already!???
sorry if I have brain freeze lol?!!!

MY HUSBAND TOOK THE CLAMP OFF HA HA BLOOMIN HA UP YOURS YOU TURD BAILIFF!!!!
HE is an ex mechanic so knew how to get it off without damaging it, he even put it on its own little towel in the hallway and gave it a bit of a wipe lol!!!

The bailiff came back and was absolutely fuming thought his fat red face was going to pop!!
He banged really hard on the door and my husband answered and he said,"Where is my furking clamp"?
My husbands said "Sorry I have no idea maybe someone has stolen it you should report it to the police, I hope they didnt steal anything out of my car"!
The bailiff said."you furking what are you jokin mate"?
My husband said "Sorry, yes i am actually and i think its quite funny you should have seen the look on your face just then". and laughed at him.

The bailliff said " well were the furk is it then, ave you cut it off, you beta not have damaged it"?
My said," off course its here and no i havent damaged it I took it off carefully and even given it a bit of clean for you".
The bailiff said well how dya get if off then"?
My husband said " I am a magician" LOL
That just made my day LOL:tung:

[CleverClogs]

Re: help please jacobs bailiffs clamped car for unpaid pcn

MY HUSBAND TOOK THE CLAMP OFF HA HA BLOOMIN HA UP YOURS YOU TURD BAILIFF!!!!

How much of the penalty have you paid?

Has the council called off the bailiff?

[labman]

Re: help please jacobs bailiffs clamped car for unpaid pcn

Indeed CC. Please don't think the fine will have gone away as it won't. Approaching your councillor and telling him you are vulnerable according to the National Standards for Enforcement Agents and getting him / her to go to the council with you to get the bailiffs called off may work.

If you don't know your local councillor, you can find out here, Link Number 9:

http://www.legalbeagles.info/forums/...1-Useful-Links

[madmaria43]

Re: help please jacobs bailiffs clamped car for unpaid pcn

Hi Bluebottle, labman and cleverclogs and everyone who is trying to help me,

I just wanted to say sorry i havent posted recently but i have not been well, and nothing to report really until today.

Just to re-cap I sent in the N244 to the TEC for a review of the court officers decision, I rang the TEC about a week later and they said they had received my N244 and it had been accepted and to wait for a hearing date as it was being transferred to my local county court they said they were busy and this could take up to three months.

So i have waited and this morning I recieved a letter from Northampton County Court which i do not understand at all as I thought it had been transferred to Blackpool which is my local county court. As i was advised on the telephone by the woman at the TEC.

I REALLY NEED YOUR HELP NOW GUYS BECAUSE I HAVEN'T THE FOGGIEST IDEA WHAT TO DO NEXT!!! plEEEEEASE!
I dont understand what i need to do,as it isnt very clear i have read the civil procedure rules part 3 and the part 23 rule 10 and it doesnt tell me what i need to do, it probably does but i dont get it maybe i am just thick i dont know??? Anyway

The letter I received was headed (REQUEST /ORDER REVIEW COURT OFFICERS ORDER NORTHAMPTON COUNTY COURT).

Then underneath it states the penalty charge number and the parties myself and my local council.

Then it states (Before deputy district judge blogs on the 01.08.2013 without a hearing.

IT IS ORDERED THAT

1. The application for leave to fiel a statutory declaration out of time/witness statement to be (REFUSED)

This order has been made without a hearing under the Courts case management powers contained in the Civil Procedure Rules part 3.

You may within 7 days of the service of this order , apply to set aside or vary the order under part 23 rule 10.

You must file with the Court, and serve on the other parties an application that sets out your reasons for the objection. a fee is payable upon the filing of the application.

Dated the 13th of August 2013

this gives me all of until the 17th of August to have this back to the court which is this saturday i dont know how they expect me to get another copy of income support award sent to me in that time to cover the legal costs they took over a week last time. because it only lasts for a month and the last one was dated the 10th of july so it ran out on the 10th of august. nightmare!!

Anyway does anyone know what i should do next or why it was refused because i am at a loss at what to do and panicking now!!Sorry but your help as always would be much appreciated thank you kind regards to you all Maria:tinysmile_cry_t: