Urgent. JBW threatening to impound goods and vehicle

[I-relative]

I am desperately needing help to deal with an enforcement agent from AGENCY NAME acting on behalf of Camden authority.

A letter from AGENCY NAME giving stating "Notice of enforcement reminder" with a 7 days limit, and threatening to remove goods due to an outstanding PCN of £202.00. Being heavily pregnant on top of completely unaware of these things, I failed to realise the date it had been printed (25/11/2014)

They did not only confirm the letter had been issued on 25th November and that it was not their problem if the Post Office delivers letter late, but also added that their enforcement agent had already been at the premises THE SAME WEDNESDAY 3rd December, and thus the fees had doubled. Furthermore, my broken down car outside was tagged with a notice saying it had been immobilised due to the same reasons (although it wasn't)

What can I do?. Thanks in advance,

i am am seriously distressed by this and see no end to this nightmare. Needless to say, I may have not sent proof of my pay and display to the correct department when they asked me for it but this is beyond unfair (i did pay for my parking)

ISA




Isa.

[ploddertom]

Re: Urgent. JBW threatening to impound goods and vehicle

Did you know about the original ticket?

You must also advise both Council & Bailiffs of your current condition - I appreciate visually this will be very evident but you will need to provide some proof - letter from midwife perhaps.

[ploddertom]

Re: Urgent. JBW threatening to impound goods and vehicle

Going to the Notice of Enforcement can you tell me the date on the Notice?
The date you received it?
How it was sent? 1stClass, 2nd Class or other & is there a date stamp on the envelope?
What date the Notice says you were to make contact by?

[I-relative]

Re: Urgent. JBW threatening to impound goods and vehicle

Hello Plodderton. I am indeed thankful there is someone at least trying to listen to my conundrum. Yes, I am a few weeks away from childbirth but I doubt any picture will have any impact on the greatly rude enforcement agent's behaviour

Having said this, I feel I am being wronged twice. The rep of the council in question who contested my first appeal replied acknowledged he could actually see two parking receipts on the dashboard but that the other one was upside-down (with my better quality pictures i wrongly sent to TEC i proved the second viable receipt actually reads "this side up")

I will appreciate if you can help me further. I would not like to be answering door calls or having my car impounded when I most need it.

[ploddertom]

Re: Urgent. JBW threatening to impound goods and vehicle

In my view the Notice of Enforcement is defective in that they appear to have used a 3rd party mailing company to send this out. Even if it was sent 1st Class then giving 7 clear days notice would be longer than 3 December anyway. They cannot use the excuse of Royal Mail delivering late as this should have been allowed for when it was sent to you. If you received it on 3rd December then the first of the clear 7 days would be 4th, the last day being 11 December meaning they can take no further action until the 12th.

In your current condition I would urge you to contact your local Councillor(s) and ask they intervene on your behalf. They may need to be pointed to National Standards for Enforcement Agents where it clearly states you would be classed as vulnerable.

[I-relative]

Re: Urgent. JBW threatening to impound goods and vehicle

Mr. Plod. I can not really express my gratitude towards you amidst these difficult times. I was precisely on the phone with a friend who pointed out the 7 clear days blunder too. I appreciate your input on contacting a local councillor but the question remains: who do i contact before another "invisible" letter or visit is added up to the charges? Can you really contact a town councillor? Sorry if I seem so naive.

I refuse to talk with an agent who dared telling my friend, speaking on my behalf, that my car had been reported as stolen and that I had to cough up the amount in full now and ask questions later. Upon the news of the car sticker I asked my friend to take it to an MOT centre. The E.A. guy had the face to hell him the car now belonged to JBW!

God bless your input

[ploddertom]

Re: Urgent. JBW threatening to impound goods and vehicle

In my view Councillors are contactable 7 days per week up until approx 9pm & best initial contact is by phone. You can find your Councillor by visiting https://www.writetothem.com/ . Remeber one thing through all this

Bailiffs Lie

[Milo]

Re: Urgent. JBW threatening to impound goods and vehicle

Will look in on this question in the morning.

[I-relative]

Re: Urgent. JBW threatening to impound goods and vehicle

Thank you Milo. I have decided to talk myself with Mr. EA to let him know that I am pregnant and to find out if there is a levy on my car although I am sure he will insist on me paying the £400... in full. I appreciate any thoughts meanwhile.

[Guest]

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)

[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?

[I-relative]

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.

[I-relative]

Re: Urgent. JBW threatening to impound goods and vehicle

G-Man, it was a hospital visit. Having purchased the first pay and display ticket and placed it correctly on the dashboard, my seriously ill [ADDENDUM ex]-partner went for his appointment and realised they were all behind schedule. Still with time on the first one, my ADDENDUM ex]-partner placed a second ticket (electronic payment though) , with longer time to park , next to the first and "this side up" as it clearly instrcts. The CEO though "only" saw the first one after it had elapsed and proceeded to issue the PCN. Upon appealing, the officer replied the second receipt was the wrong side down.

[Guest]

Re: Urgent. JBW threatening to impound goods and vehicle

G-Man, it was a hospital visit. Having purchased the first pay and display ticket and placed it correctly on the dashboard, my seriously ill partner went for his appointment and realised they were all behind schedule. Still with time on the first one, my partner placed a second ticket (electronic payment though) , with longer time to park , next to the first and "this side up" as it clearly instructs. The CEO though "only" saw the first one after it had elapsed and proceeded to issue the PCN. Upon appealing, the officer replied the second receipt was the wrong side down.

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.

[Milo]

Re: Urgent. JBW threatening to impound goods and vehicle

Hello Plodderton. I am indeed thankful there is someone at least trying to listen to my conundrum. Yes, I am a few weeks away from childbirth but I doubt any picture will have any impact on the greatly rude enforcement agent's behaviour

Having said this, I feel I am being wronged twice. The rep of the council in question who contested my first appeal replied acknowledged he could actually see two parking receipts on the dashboard but that the other one was upside-down (with my better quality pictures i wrongly sent to TEC i proved the second viable receipt actually reads "this side up")

I will appreciate if you can help me further. I would not like to be answering door calls or having my car impounded when I most need it.

I have read through this thread a few times and in order to respond adequately I will need to clarify a few points.

Firstly, after receiving the ticket on the car you should have received a lot of documentation BEFORE bailiffs are involved. Firstly, you should have received a Notice to Owner, followed by a Charge Certificate and finally an Order for Recovery. Did you receive all of these notices?

You say that you appealed the ticket and that the appeal was refused and above you state that you 'wrongly sent' a better copy of the recipt on the dashboard to TEC (which I am assuming is the Traffic Enforcement Centre). Can you confirm that you filed an Out of Time Witness Statement? When was this? I am again assuming that TEC rejected your application. If so, when was the rejction? You should ahve received another letter from TEC outlining the rejection.

If I am correct and you further 'appealed' to TEC have you considered filing an N244 to seek a 'review'.

To add confusion, I notice in your opening post that the letter that you received from the bailiff company was called a 'Notice of Enforcement Agent Remonder'. This letter is actually not a statutory letter and in fact a lor of companies are sending such letters as a 2nd reminder. BEFORE this letter is sent you should have received a Notice of Enforcement. This is the letter that must give you '7 clear days'. Did you receive this letter and if so, when?

Lastly, you say that you are pregnant. Have you advised the bailiff company of this and have you provided any evidence?