Jacobs & The Council - Just when i thought i was sorted =(

[treborh2812]

Morning all,

Here I am back on the site after the fantastic help I had last time to clear what I thought was the last of my debt!

I'm having a lot of trouble with Jacobs based on a 5.5-year-old parking fine!!! It's now going to cost me nearly £500! Is there anything I can do?

The short yet long story is as follows:

Apparently, I got a parking ticket back in 2011 which the council believe I contested at the time (I have no recollection of this). It has somehow laid dormant until December last year when a lovely Jacobs letter turned up, asking for around £200 to collect the parking ticket.

Obviously, I contested this as it was 5.5years ago and I did have problems around 2011 when I sold this car and wanted to check it was actually me that owed the money. Jacobs advised that to prevent any further action I needed to make a contribution towards it otherwise extra charges would have been added and collection of any vehicle at the property would proceed if I didn't.

I gave them a £40 nominal fee that I was told I could claim back from the council should it not be me who owned the vehicle at this time.

I then contacted the council asking for details around the alleged offence and they were meant to be sending me proof whilst I cross-checked it with my records of selling the car.

Nothing happened until last week when Jacobs now want £400 and hand delivered the note plus sent me a text message!

How does a £60 parking fine escalate to this? Is there anything I can do? It's got to the point where i don't care if i owned the car or not I want it gone but at the lowest price possible!

HELP PLEASE!!!

[Milo]

Re: Jacobs & The Council - Just when i thought i was sorted =(

It seems that the debt has risen because a personal visit has now been made to your property. That visit would have incurred a £235 enforcement fee.

I am not at all in favour of councils dragging out these historic parking debts but that is probably beside the point right now.

It is now for you....and not Jacobs....to resolve this matter. You must find out the date of the alleged contravention and see whether or not this was before or after you sold the vehicle (involved in the contravention).

In most cases, if you have no recollection of receiving notices from the council you should be submitting an Out of Time witness statement with the Traffic Enforcement Centre. The problem that you face though is that the council seem to have records stating that you have appealed the ticket.

Have you asked the council or Jacobs for the date of contravention? This must be your starting point so as to ascertain who is the liable party.

Please post back once you have obtained this information.

In the meantime, and until this is resolved, you need to be aware that your current vehicle (if you have one) is at risk of being seized.

[treborh2812]

Re: Jacobs & The Council - Just when i thought i was sorted =(

Hi Milo,

Thank you for coming back to me so quickly.

From what I can fathom, it seems like it was me. The dates are within a week of it being sold (Always the case isn't it!!!)

Is there anything I can do to reduce the cost? It seems ridiculously high considering the first i hear of it 5 years on is from Jacobs with hefty fines attached?

I haven't moved address and it is the address the car was registered too. So i don't understand how it has taken them so long and why i haven't heard anything before Jacobs contacted me. Which i took immediate action and paid a nominal sum whilst it was put on hold to be investigated and Jacobs seem to think they can just add £235 whilst its being disputed.

I want to get it cleared but I can't afford £500!

[Milo]

Re: Jacobs & The Council - Just when i thought i was sorted =(

As I said in my earlier post, an Out of Time witness statement can be submitted if you genuinely cannot recollect receiving the Notice to Owner. All bailiff enforcement will then be placed on hold of approx 6 weeks.

Given that the council seem to have records indicating that you 'appealed' the PCN 5 years ago, I would not expect that the application would be accepted. However, the 6 week 'grace period' should hopefully allow you time to challenge the council on the length of time that they have taken to enforce this PCN.

PS: Over the past couple of days I have been receiving enquiries about 'historic' PCN's from 3 London Boroughs. In once case, the PCN originates from 2008 !!! I am not in favour of this new initiative at all.

[treborh2812]

Re: Jacobs & The Council - Just when i thought i was sorted =(

I've just contacted the council to get more info around the PCN and my "appeal".

They've said that Jacobs shouldn't be chasing me anymore as the warrant is closed as it's older than 12months.

So i can't file a Out of Time witness statement as there is no case there?

I've then called Jacobs who say it doesn't matter what the council say as the matter is with them?

What should i do?

[Milo]

Re: Jacobs & The Council - Just when i thought i was sorted =(

Speak with the council ASAP.

[treborh2812]

Re: Jacobs & The Council - Just when i thought i was sorted =(

I've spoken to them.
They said they've updated the case file but i need to speak to Jacobs and it's their decision if they want to pursue.

[Milo]

Re: Jacobs & The Council - Just when i thought i was sorted =(

I would suggest that you ask the council for the date that the warrant had been authorised. It is only valid for 12 months.

[treborh2812]

Re: Jacobs & The Council - Just when i thought i was sorted =(

Milo - They gave me that.
15/10/15 - So i don't get why Jacobs won't back off.

[Captain Haddock]

Re: Jacobs & The Council - Just when i thought i was sorted =(

Milo - They gave me that.
15/10/15 - So i don't get why Jacobs won't back off.

Probably because you gave them £40.

[Milo]

Re: Jacobs & The Council - Just when i thought i was sorted =(

Milo - They gave me that.
15/10/15 - So i don't get why Jacobs won't back off.

The warrant should be valid for 12 month. However, if a payment arrangement in made during this period and the agreement defaults....the 12 month period will be taken as being from the date of default.

In your particular case, did you make the payment of £40 before the warrant should have expired (15th October 2016)?

If it is the case that the warrant is still valid, then you may still submit an Out of Time witness statement. It will most likely not get accepted (just over 60% are currently rejected), but it will put the matter on hold for approx 6 weeks and that period will give you an opportunity to hopefully make further enquiries with the local authority.

[treborh2812]

Re: Jacobs & The Council - Just when i thought i was sorted =(

Post April 6 2014 (almost 3 years ago), changes and repeals have been made governing how road traffic debts are recovered.

It is no longer the case that the warrant determines when a debt may be enforced. It is now the case that a "power to enforce" is determined by the date on a Notice of Enforcement, which is given to a debtor by the enforcement agent.

By way of example, a warrant may be dated 1st January 2016. The Notice of Enforcement may be dated 21st January 2016. In this scenario, just because the warrant reaches 12 months on 1st January, it doesn't mean that enforcement is extinguished. The power continues until the 21 January.

The OP needs to reference the date on the Notice of Enforcement sent by Jacobs as they have the power to enforce for 12 months from this date. The date that the warrant was issued is irrelevant.

That said, it is vital to obtain a chronological history of this case. It has clearly begun life prior to the April 2014 changeover. This needs to be done in writing, with a copy sent to Jacobs. It would also do no harm to ascertain from Jacobs, when they received instructions to enforce this debt and a copy of the Notice of Enforcement that they sent to you.

Confused a bit by this. Without asking too much, could i get a step by step guide of what to do? I'm getting a text saying i have 48hrs to pay before they remove goods?

[Milo]

Re: Jacobs & The Council - Just when i thought i was sorted =(

If the warrant is still valid, then the correct course of action should be for you to submit an Out of Time witness statement to the Traffic Enforcement Centre.

Also, what date did you make the £40 payment to Jacobs?

[treborh2812]

Re: Jacobs & The Council - Just when i thought i was sorted =(

I'm still awaiting a call back form the council and when I called back today the Supervisor wouldn't speak to me as he was going home in 10 minutes! FUMING!!!

Spoke to Jacobs again, they say it's open and believe I defaulted on a payment scheme, which I believe I was tricked into having when I was convinced to make a nominal payment to prevent door step action and further charges.
They offered to listen to the call but guess what.... they can't find it so any advanced charges apply.

This just seems like a huge scandal, even if the PCN is mine the way it's been dealt with is shocking! Appearing after 5 years charges added when ever they like and the council not interested in speaking to me! The advisor on the phone told me Jacobs is my problem and I need to update them not the council! As if Jacobs will believe me when I say it's closed!

I believe I made that "nominal" payment whilst the warrant was valid!

[Milo]

Re: Jacobs & The Council - Just when i thought i was sorted =(

If payment was made within the 12 month period from the Notice of Enforcement, then the warrant has not expired.

As I have said a few times, you are entitled to submit an Out of Time witness statement.