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Jacobs are enforcing a PCN on behalf of a council from several years ago. They sent a few letters about it but there was some overlap during an appeal with the TEC so just ignored the letters pending the TEC appeal outcome. TEC came back and didn't award the appeal in my favour so the ticket stood - all fine with this.
Bailiff attended one evening saying there was ~£400 owing and needed immediate payment which I declined and asked him to leave. Just to get the thing resolved, at this point not knowing what was going on with it, I went back through paperwork and paid the council the ~£100 owed and sent Jacobs an email saying I hadn't had any notice of enforcement prior to the visit so didn't understand how they'd added on the £235 fee as well without it. I know the £75 is owed to them and I'm happy to pay it.
Jacobs fobbed me off saying they'd sent me plenty of notices so the fees stood - no mention of a notice of enforcement or any proof of one existing. Bailiff ignored my request to see an NOE to show that fees were due so I got a signed affidavit/declaration to state that I've never received one. Not joking around, I really hadn't. A copy of the signed affidavit was served to them last week and they've now come back with:
Please note that all of our envelopes state our return address so that the post office may return any undelivered items to us. As your letters have not been returned, we can only assume that they were successfully distributed. If you dispute this, we recommend that you speak with Royal Mail.
Furthermore although we understand you have a signed affidavit claiming that you did not receive the documents, we are satisfied that we have furnished you with all relevant information and so enforcement action will continue until the full balance is recovered.
Unfortunately we are unable to discuss the matter, or to negotiate any payment arrangements, as your account is with our Enforcement Agent Mr xxxxxxxx who has been instructed to visit your premises to collect payment in full or to remove goods for sale at auction.
We must advise that additional fees will be incurred.
So basically, they've just ignored the affidavit even when I've cited the relevant legislation. Anything else I can possibly do to get this sorted out, short of paying them the additional £235? I feel loathed to do it when I know they haven't followed procedure and are just bullying now.
Bailiff attended one evening saying there was ~£400 owing and needed immediate payment which I declined and asked him to leave. Just to get the thing resolved, at this point not knowing what was going on with it, I went back through paperwork and paid the council the ~£100 owed and sent Jacobs an email saying I hadn't had any notice of enforcement prior to the visit so didn't understand how they'd added on the £235 fee as well without it. I know the £75 is owed to them and I'm happy to pay it.
Jacobs fobbed me off saying they'd sent me plenty of notices so the fees stood - no mention of a notice of enforcement or any proof of one existing. Bailiff ignored my request to see an NOE to show that fees were due so I got a signed affidavit/declaration to state that I've never received one. Not joking around, I really hadn't. A copy of the signed affidavit was served to them last week and they've now come back with:
Please note that all of our envelopes state our return address so that the post office may return any undelivered items to us. As your letters have not been returned, we can only assume that they were successfully distributed. If you dispute this, we recommend that you speak with Royal Mail.
Furthermore although we understand you have a signed affidavit claiming that you did not receive the documents, we are satisfied that we have furnished you with all relevant information and so enforcement action will continue until the full balance is recovered.
Unfortunately we are unable to discuss the matter, or to negotiate any payment arrangements, as your account is with our Enforcement Agent Mr xxxxxxxx who has been instructed to visit your premises to collect payment in full or to remove goods for sale at auction.
We must advise that additional fees will be incurred.
So basically, they've just ignored the affidavit even when I've cited the relevant legislation. Anything else I can possibly do to get this sorted out, short of paying them the additional £235? I feel loathed to do it when I know they haven't followed procedure and are just bullying now.
