Urgent. JBW threatening to impound goods and vehicle

[Guest]

Re: Urgent. JBW threatening to impound goods and vehicle

Thank you Andy. I personally called Mr. EA who informed me the car had been seized although It had not been immobilized ( thus now fearing he worst once the mechanic releases the car for me to put in on the street again)
MR. EA insists the payment has to be made in full in spite of my offer to make a partial payment and of contesting the 7 days claim and therefore the extra £235 charge (25th 11 TO 3rd 12 is not even 7 clear days even if the letter hadn't been postponed)

I however insist I should not pay a dime for this as the officer who replied my appeal dared saying the valid pay and display receipt was displayed on the dashboard up side down whereas my pictures prove the opposite. He clearly needs to go to spec-savers or make up another reason to charge me.

Any more ideas gents? I'm losing my hopes but have no money to pay 400 quid, not even £ 200, in one go.

No it has not, the only way that anything can be taken into control is via a written agreement or if it has been secured, the mere placing of a note on the window is insufficient.

[Milo]

Re: Urgent. JBW threatening to impound goods and vehicle

Thank you Andy. I personally called Mr. EA who informed me the car had been seized although It had not been immobilized ( thus now fearing he worst once the mechanic releases the car for me to put in on the street again)
MR. EA insists the payment has to be made in full in spite of my offer to make a partial payment and of contesting the 7 days claim and therefore the extra £235 charge (25th 11 TO 3rd 12 is not even 7 clear days even if the letter hadn't been postponed)

I however insist I should not pay a dime for this as the officer who replied my appeal dared saying the valid pay and display receipt was displayed on the dashboard up side down whereas my pictures prove the opposite. He clearly needs to go to spec-savers or make up another reason to charge me.

Any more ideas gents? I'm losing my hopes but have no money to pay 400 quid, not even £ 200, in one go.

How old is your car and roughly how much is it worth?

Sorry....a further question. You have said that the 'appeal' to the council was rejected and that you were unhappy at the rejection. In the letter of rejection you should have been advised of your right to ask the Adjudicator to review the rejection. Depending on which council issued the PCN this would either be to the TPT or PATAS. Wer you given this option?

[bluebottle]

Re: Urgent. JBW threatening to impound goods and vehicle

The local authority is nit-picking in the extreme. As long as a parking receipt is displayed, this is proof of payment. If they are that desperate, put them to strict proof that displaying a valid parking receipt, albeit upside down is a reason for issuing a PCN. Challenging them to quote case or statute law often shuts them up as in the event they cannot produce evidence of such law, any arguments they attempt to put forward to the contrary are likely to fail.

[Guest]

Re: Urgent. JBW threatening to impound goods and vehicle

This again shows the odious tactic of delaying sending out letters thus ensuring that the debtor has no idea that enforcement has started. I've seen it said that bailiffs don't 'just turn up' and that a 'multitude of correspondence' is sent, but this shows how they work the system.

I-relative, I can't quite figure something out - are you saying that you got a PCN despite displaying a valid ticket, albeit upside-down?

Seems to me like there as a multitude of correspondence here

[Milo]

Re: Urgent. JBW threatening to impound goods and vehicle

The local authority is nit-picking in the extreme. As long as a parking receipt is displayed, this is proof of payment. If they are that desperate, put them to strict proof that displaying a valid parking receipt, albeit upside down is a reason for issuing a PCN. Challenging them to quote case or statute law often shuts them up as in the event they cannot produce evidence of such law, any arguments they attempt to put forward to the contrary are likely to fail.

The problem is that unfortunatly a lot a local authorities 'contract out' their 'appeals'. Many times the same company who issued the ticket deal with the appeals. Conflict of interest????

However an LA is not permitted to contract our 'Formal' reps.....only 'informal ones'.

Worryingly, it never ceases to amaze me why motorists do not use the Adjudicator if an 'appeal' is rejected. A little known fact is that if the motorist advises the LA that they wish to take the matter to PATAS then the LA are required to pay a fee. Every case that goes to PATAS is a loss to the council as the fee outweighs the value of the PCN.

[Milo]

Re: Urgent. JBW threatening to impound goods and vehicle

Seems to me like there as a multitude of correspondence here

Very much so and with parking tickets and 'appeals' there is a lot of prior correspondence before the matter is passed to a bailiff.

[bluebottle]

Re: Urgent. JBW threatening to impound goods and vehicle

The problem is that unfortunatly a lot a local authorities 'contract out' their 'appeals'. Many times the same company who issued the ticket deal with the appeals. Conflict of interest????
Most definitely a conflict of interest.
However an LA is not permitted to contract our 'Formal' reps.....only 'informal ones'.

Worryingly, it never ceases to amaze me why motorists do not use the Adjudicator if an 'appeal' is rejected. A little known fact is that if the motorist advises the LA that they wish to take the matter to PATAS then the LA are required to pay a fee. Every case that goes to PATAS is a loss to the council as the fee outweighs the value of the PCN.
I am sure ways and means can be found to make motorists better-informed about PATAS and that it costs local authorities more than a PCN is worth if appeals are referred to PATAS.

@@@@

[I-relative]

Re: Urgent. JBW threatening to impound goods and vehicle

WoW Milo, now I understand why you took your time. thanks for your specific details.

1. Indeed, I am heavily pregnant and thus let the EA know about this by phone yesterday. He still demanded full payment so I sent a letter to the collection agency detailing my circumstances (no pics though as I find it compromises my safety and no one could miss my big pointy bump in person)

2. No. I did not receive a Notice of Enforcement in the first place just the NER, albeit with the caveat "7 days to pay from the dayte of this letter". The envelope for the latter though, has no date stamp whatsoever, only a printed code, and arrived exactly on the same day the EA visited the premises.

3. Indeed, I stupidly sent the picture with both the expired and the valid receipts correctly displayed on the dashboard to TEC instead of to the local authority office.Therefore I am now writing to TEC again with an out of time witness statement as advised by one of you gents (via inbox) ---N244?... I am unaware of that but I guess it is my next step, isn't it?

4. I must add that, due to unforeseen personal circumstances, I had to leave England for a while and thus (may have) missed notices, although my ex-partner [may have] received them.

5. If it my personal belief that certain thugs do postpone/withold/divert letters somehow to prevent respondents from dealing with matters before the bogus charges. The answer "it is not our responsibility if Royal Mail does take its time" stinks.


thanks everyone.

Isa.

[Milo]

Re: Urgent. JBW threatening to impound goods and vehicle

WoW Milo, now I understand why you took your time. thanks for your specific details.

1. Indeed, I am heavily pregnant and thus let the EA know about this by phone yesterday. He still demanded full payment so I sent a letter to the collection agency detailing my circumstances (no pics though as I find it compromises my safety and no one could miss my big pointy bump in person)

2. No. I did not receive a Notice of Enforcement in the first place just the NER, albeit with the caveat "7 days to pay from the dayte of this letter". The envelope for the latter though, has no date stamp whatsoever, only a printed code, and arrived exactly on the same day the EA visited the premises.

3. Indeed, I stupidly sent the picture with both the expired and the valid receipts correctly displayed on the dashboard to TEC instead of to the local authority office.Therefore I am now writing to TEC again with an out of time witness statement as advised by one of you gents (via inbox) ---N244?... I am unaware of that but I guess it is my next step, isn't it?

4. I must add that, due to unforeseen personal circumstances, I had to leave England for a while and thus (may have) missed notices, although my ex-partner [may have] received them.

5. If it my personal belief that certain thugs do postpone/withold/divert letters somehow to prevent respondents from dealing with matters before the bogus charges. The answer "it is not our responsibility if Royal Mail does take its time" stinks.


thanks everyone.

Isa.

Did you receive the previous notices from the council?

Has your address changed?

I am a bit confused about your mention of TEC. Are you saying that you have filed an Out of Time or that your are intending to do so. What grounds will you be making the OTT on? Given that you have been out of the country it is possible that an OTT on limited grounds. Post back and I can advise further.

PS: How many weeks pregnant are you?

[I-relative]

Re: Urgent. JBW threatening to impound goods and vehicle

Hello Milo,, please find specific info on your pm. I really want to send an out of time thingy but now am unsure.

Yes, gents, there will be another girl in the U.K. in about 5 or maybe less weeks AND i already received the car child seat as Christmas present! :santa2:

"a lot of correspondance is sent prior to..." In hindsight, in my dreams, I would have hired an assistant/bouncer/solicitor to promptly reply to letters, chase the neighbours away from my letters and to deal with dodgy traffic warderns, respectively, in my absence.

BLUE BOTTLES... nit-picking is an euphemism. what they are doing with the profits made from draconian/crafty parking enforcement is beyond my imagination.

[I-relative]

Re: Urgent. JBW threatening to impound goods and vehicle

MIlo should confirm tomorrow, but just tagging the vehicle is not sufficient to "take control of goods", Under the new regulations there either has to be a signed control of goods agreement or the vehicle would have to be seized(immobilized) for this to be a valid arrangement(levy)

Vehicle was not immobilized but Enforecment Agent said it had been seized by agency and as it already belonged to them thus reported as stolen! Next thing is what? Report me as squatting at my own place?

[Guest]

Re: Urgent. JBW threatening to impound goods and vehicle

Vehicle was not immobilized but Enforecment Agent said it had been seized by agency and as it already belonged to them thus reported as stolen! Next thing is what? Report me as squatting at my own place?

You contest that the vehicle was taken under control, as per the TCEA, there was no valid levy. there has to be either a controlled goods agreement or the vehicle should have been immobilised, otherwise they could just have levied on every car in the street and those days are gone thank goodness.
u

[I-relative]

Re: Urgent. JBW threatening to impound goods and vehicle

Did the parking warden provide any proof that it was upside-down? If not, then you should not have lost the appeal. I think you need to wind this back.

Well Mr. Gman... I suppose a picture is worth a thousand words. Below is a quote from the case support officer from the borough in question:

"I have examined the Civil Enforcement Officer`s (CEO`s) notes made at
the time of the contravention and they indicate that a pay & display ticket
showing an expiry time of 11:18am was displayed. [...] However, I have examined the photographs taken by the CEO and these indicate that another pay & display ticket was observed in the vehicle, but
was face-down. From the information you have provided, it appears that the
second ticket purchased was the one seen by the CEO, as this ticket was
purchased at 10:47am. [...] "

attached the CEO pictures showing the "face-down" receipts !!!

[Milo]

Re: Urgent. JBW threatening to impound goods and vehicle

Thank you for you PM. I am not mentioning which London Borough issued this PCN but in out PM you have advised me which one it is and you have said that you are struggling to find an email address. There is a good reason for this.

THEY DO NOT HAVE ONE!!!!

It is a shocking disgrace and one that is well known about with various motoring group (of which I am a member). There are many complaints being made regarding this serious matter as it is hampering access to motoring appeals.

[bluebottle]

Re: Urgent. JBW threatening to impound goods and vehicle

Thank you for you PM. I am not mentioning which London Borough issued this PCN but in out PM you have advised me which one it is and you have said that you are struggling to find an email address. There is a good reason for this.

THEY DO NOT HAVE ONE!!!!

It is a shocking disgrace and one that is well known about with various motoring group (of which I am a member). There are many complaints being made regarding this serious matter as it is hampering access to motoring appeals.

It does make one wonder why, Milo.