Notice of Intended Removal

[GentlemanRudeboy]

Hi guys

Hate to be one of those people that asks questions as their first post, but I'm kind of at a loss here and would really appreciate some advice.

About a week ago I was informed that a 'Notice of Intended Removal' from Task enforcement that had be served to my name at a previous address that I no longer live at (although I do have contact with the current residents and would rather not have bailiffs knocking at their door in my name).

I called up the company up and asked to speak to someone regarding the letter, only to be told that it is in reference of an offense back in 2014 for not following traffic signs as directed, and if I wanted further details I'd need to contact the council directly and was given a telephone number... For an automated payment line that clearly says that the council will no longer discuss or collect fines that have already been passed onto bailiffs and that I should speak with them. So both are fobbing me off telling me to speak to the other...

To be fair using the council website I have managed to get up the fine (although I won't let me pay) and fair enough, it does show my vehicle committing the offense, so I’m willing to hold my hands up for fine itself for a easy life, but as I mentioned, the fine is from 2014 and is something that I've heard absolutely NOTHING about. No PCN. No warrant of control. No further steps notice. No indication that there were court proceeding against me, just this Notice of Intended Removal asking me to pay 280 pounds immediately, something that I simply cannot afford to pay.

I also informed the call handler that I was no longer at this address, but was told that unless I provide proof of change of address via the form of a utility bill that they will continue to visit the address and add fees on to the account accordingly as that's the address on the warrant? Am I within my rights to refuse to provide them with my new address without worrying that they will continue to try and enforce/add money on at the other address?

I’m just wondering what the next step I take should be now?

I’m currently awaiting a call back from a ‘manager’ from the Task call centre, but I’m not entirely sure what to say or ask for. I was going to ask for a breakdown in fees and costs as all I have is a headline figure of 280 and perhaps try and send a cheque out to the council directly for the cost of the PCN only as some research suggests may work, but I’m not sure/Doubtful Task are going to be that helpful to give me a cost breakdown.

I just want this settled and done with, but I’m on a fixed income as a student and literally have no money spare from week to week, let alone a few hundred quid sitting around. If worst comes to worst, should I try and ask for some sort of payment plan? Will I have to pay the amount shown on the Notice (280) I’ve got regardless?

Any advice would be greatly appreciated

Regards

G.R

[Kati]

Re: Notice of Intended Removal

tagging [MENTION=30402]Milo[/MENTION] [MENTION=26498]ploddertom[/MENTION] [MENTION=9189]bizzybob[/MENTION] xx

[ploddertom]

Re: Notice of Intended Removal

Don't bother with Task for now. First thing in the morning contact the Traffic Enforcement Centre - 0300 123 1059 or 01604 619 450 and the lines are open between 8.30 am until 4pm Monday to Friday. As far as I know you will need the Ticket Number and ask they send the Out of Time Forms to you by email. If completed and returned the same way before 4pm then a hold can be put on Enforcement while your appeal is heard.

Please note I'm not up to speed with this type of ticket and hope have given you enough to get started until someone more knowledgeable comes along.

[bizzybob]

Re: Notice of Intended Removal

Think the Out of Time route is way to go, do it online if you have a car move it away or lock in a garage if you have one for now.

[suffering]

Re: Notice of Intended Removal

Just a thought the warrant may have been issued to your previous address which means it is void

[bizzybob]

Re: Notice of Intended Removal

Just a thought the warrant may have been issued to your previous address which means it is void

Don't think that is strictly true, maybe Milo or Ploddertom could expand on this

[suffering]

Re: Notice of Intended Removal

This was taken from here http://www.justice.gov.uk/courts/pro...art75#IDAGQ0HC
Warrant of execution

75.7

(1) An authority seeking the issue of a local authority warrant of control must file a request –
(a) certifying the amount remaining due under the order;

(b) specifying the date of service of the order on the respondent; and

(c) certifying that the relevant period has elapsed.


(2) The court will seal the request and return it to the authority.

(3) Within 7 days of the sealing of the request the authority must prepare the warrant in the appropriate form.

(4) No payment under a warrant will be made to the court.


(5) For the purposes of execution a warrant will be valid for 12 months beginning with the date of its issue.

(6) An authority may not renew a warrant issued in accordance with this Part beyond the 12 month validity period but, subject to paragraph (7), an authority may request the reissue of a warrant during the 12 month validity period.


(7) Where the address of the respondent has changed since the issue of the warrant, the authority may request the reissue of the warrant by filing a request –
(a) specifying the new address of the respondent;

(b) providing evidence that the new address for the respondent does relate to the respondent named in the order and against whom enforcement is sought; and

(c) certifying that the amount due under the order remains unpaid.


(8) Where the court is satisfied that the new address of the respondent given in the request for the reissue of the warrant relates to the respondent named in the order, it will seal the request and return it to the authority.

(9) The authority must prepare the reissued warrant in the appropriate form within 7 days of the sealing of the request to reissue.

(10) A reissued warrant will only be valid for the remainder of the 12 month period beginning with the date it was originally issued.



Revocation of order

75.8

Where, in accordance with any enactment, an order is deemed to have been revoked following the filing of a statutory declaration or a witness statement –
(a) the court will serve a copy of the statutory declaration or witness statement on the authority;

(b) any execution issued on the order will cease to have effect; and

(c) if appropriate, the authority must inform any enforcement agent instructed to levy execution of the withdrawal of the warrant as soon as possible.

[ploddertom]

Re: Notice of Intended Removal

Just a thought the warrant may have been issued to your previous address which means it is void

Don't think that is strictly true, maybe Milo or Ploddertom could expand on this

The address the vehicle was registered at is that given to both Council & Bailiffs at the time the "offence" was committed. All they have to do is to apply to have the Warrant issued to the new address. If so then it cannot be void otherwise 50% or more of all tickets would be cancelled.

[GentlemanRudeboy]

Re: Notice of Intended Removal

Thanks for the replies boys and girls, it is very much appreciated

Don't bother with Task for now. First thing in the morning contact the Traffic Enforcement Centre - 0300 123 1059 or 01604 619 450 and the lines are open between 8.30 am until 4pm Monday to Friday. As far as I know you will need the Ticket Number and ask they send the Out of Time Forms to you by email. If completed and returned the same way before 4pm then a hold can be put on Enforcement while your appeal is heard.

Please note I'm not up to speed with this type of ticket and hope have given you enough to get started until someone more knowledgeable comes along.

I'll contact the Enforcement center tomorrow morning and request the forms, but I'm not entirely sure on what to put on them in regards to an appeal? Looking at the CCTV evidence on the council site I'm caught bang to rights - For some bizarre, completely unfathomable reason you cannot turn left at this particular junction and I did to avoid avoid traffic and sitting in a yellow box/cycle box. I even vaguely remember doing it, but just wasn't aware (there's no obvious No Left turn sign just before the junction. There is one a little further back, but looking at the time and traffic flow density of the area, I imagine I was stuck in a queue of traffic past the sign for a while and made my decision to turn at the junction, rather than 50-75m before it. An actual no left turn sign at the junction or on the traffic lights would have put me off, but then If they made the signage actually clear who would they catch? :beagle2222

I'm also miffed that I can be taken to court and not receive any indication or be offered a chance of defending myself let alone for something that happened 2 and half years ago, but that is what it is. I have moved from the address approximately 6 months ago, I know the residents and collect mail from their so I doubt change of address is going to suitable grounds for appeal.

Like I mentioned, I'm bang to rights and am willing to pay the fine, just not any unnecessary bailiff fees, and I'm going to need some sort of payment plan if the figure is anything like is what is on the invoice.

Thanks for the help guys

[Milo]

Re: Notice of Intended Removal

Hi guys

Hate to be one of those people that asks questions as their first post, but I'm kind of at a loss here and would really appreciate some advice.

About a week ago I was informed that a 'Notice of Intended Removal' from Task enforcement that had be served to my name at a previous address that I no longer live at (although I do have contact with the current residents and would rather not have bailiffs knocking at their door in my name).

I called up the company up and asked to speak to someone regarding the letter, only to be told that it is in reference of an offense back in 2014 for not following traffic signs as directed, and if I wanted further details I'd need to contact the council directly and was given a telephone number... For an automated payment line that clearly says that the council will no longer discuss or collect fines that have already been passed onto bailiffs and that I should speak with them. So both are fobbing me off telling me to speak to the other...

To be fair using the council website I have managed to get up the fine (although I won't let me pay) and fair enough, it does show my vehicle committing the offense, so I’m willing to hold my hands up for fine itself for a easy life, but as I mentioned, the fine is from 2014 and is something that I've heard absolutely NOTHING about. No PCN. No warrant of control. No further steps notice. No indication that there were court proceeding against me, just this Notice of Intended Removal asking me to pay 280 pounds immediately, something that I simply cannot afford to pay.

Firstly,

There will now be a warrant but that is a document that is not sent to you...it is for the attention of the bailiff. Forget also, the 'Further Steps Notice, that is only for a Magistrates Court Fine...which this is not.

You also mention that you had not know of court proceedings. The Order for Recovery (which went to your previous address) would have advised you that the debt was being registered with the court. That said....this debt is NOT.....a judgment in the strict sense of the word and it is NOT recorded with any credit reference agency.

By now, I assume that you have the PCN number of the ticket. You will need this for submitting an Out of Time witness statement. Unfortunately, a high percentage (over 60%) of these applications are currently being rejected and from the many that I see, the vast majority are because the forms have been poorly drafted.

When an Out of Time witness statement is submitted, all bailiff enforcement is placed on hold for approx 6 weeks.

To improve its chances of being accepted, could you answer the following:

Roughly when did you move from your previous address?

When was the parking contravention?

Did you update your log book with your new address when you moved?

[GentlemanRudeboy]

Re: Notice of Intended Removal

Firstly,

There will now be a warrant but that is a document that is not sent to you...it is for the attention of the bailiff. Forget also, the 'Further Steps Notice, that is only for a Magistrates Court Fine...which this is not.

You also mention that you had not know of court proceedings. The Order for Recovery (which went to your previous address) would have advised you that the debt was being registered with the court. That said....this debt is NOT.....a judgment in the strict sense of the word and it is NOT recorded with any credit reference agency.

By now, I assume that you have the PCN number of the ticket. You will need this for submitting an Out of Time witness statement. Unfortunately, a high percentage (over 60%) of these applications are currently being rejected and from the many that I see, the vast majority are because the forms have been poorly drafted.

When an Out of Time witness statement is submitted, all bailiff enforcement is placed on hold for approx 6 weeks.

To improve its chances of being accepted, could you answer the following:

Roughly when did you move from your previous address?

When was the parking contravention?

Did you update your log book with your new address when you moved?

Hi Milo

As I mentioned a previous post, the change of address isn't the cause of me not receiving any indication - I moved 6 months ago (sept 16), where the offense happened almost two years previously (Oct 14). Although saying that, I don't have the slightest clue when this was escalated, as with the total standing at "only" 277, I think I'm right in saying that we're still quite early into the enforcement stage, but again, I have regular access to the post at the previous address so it doesn't explain why I would not have received something recently.

Do you know roughly how many letters I should have received in a two and a half years informing me of these proceedings? Just the original PC and the Order for Recovery? Is any requirement to send them via registered or signed for post?

With this all in mind I'm not entirely sure what I'd put on the out of time form as grounds for appeal? A 6 week suspension would be a nice breather to work out exactly how I'm going to pay this, but I don't want to risk any more additional costs.

Whilst I've got your guys attention, does anyone want to take a guess at the breakdown of the 277 figure, as it seems to be a number that pops up a lot in these cases with the council in question. From my (poor) research it looks like 130 for the PCN and 75 Compliance Fee, making "only" for an unaccounted for 72 pounds. Given the unlikely chance of a successful appeal, would it be worth trying to come to a payment arrangement directly with the bailiffs for this amount instead?

Is there any legal requirement for the collecting firm to provide a payment plan? According the call centre monkeys I've spoken to thus far unless I send them a detailed breakdown of my monthly income and expenses (with proof masroll their computer says they will only accept an upfront payment - Something I just cannot do.

[Milo]

Re: Notice of Intended Removal

Hi Milo

Do you know roughly how many letters I should have received in a two and a half years informing me of these proceedings? Just the original PC and the Order for Recovery? Is any requirement to send them via registered or signed for post

It would seem that you only have one document missing. That would be the Charge Certificate. There is no requirment to send any notices by signed for post.

After the OfR, you should receive a Notice of Enforcement (which appears to be the notice that you have received).

The bailiff company shoul be willing to accept a payment arrangement. Normally the arrangments are pretty short (around 3 months). There is nothing amiss with the enforcement company requesting an Income & Expenditure.

[suffering]

Re: Notice of Intended Removal

Just something to throw into the mire, costs are enforcible, fees are not. what they dont like you doing is paying the fine on line without the fees the bailiffs add on to pay their commission. Cost's and fees are two very different things. this is also why the do not like you to see a breakdown.

[suffering]

Re: Notice of Intended Removal

Taken from http://www.legislation.gov.uk/ukpga/...12/paragraph/6

)

The property in all goods ceases to be bound when any of these happens;

(a)

the amount outstanding is paid, out of the proceeds of sale or otherwise;

(b)

the instrument under which the power is exercisable ceases to have effect;

(c)

the power ceases to be exercisable for any other reason

[suffering]

Re: Notice of Intended Removal

The warrant only confers an enforcement power to recover the sum adjudged.
Bailiffs cannot enforce unpaid fees because they are not the sum adjudged