3. 2019 PCN - Baliffs Letter sent in 2024
« previous next »
Pages: [1]

Author Topic: 2019 PCN - Baliffs Letter sent in 2024  (Read 526 times)

0 Members and 117 Guests are viewing this topic.

2019 PCN - Baliffs Letter sent in 2024
« on: »
Hi

I just received baliff recovery for a PCN in 2019.

From what I remember I represented than appealed to london tribunals.

the tribunals rejected the appeal

I received a letter from Northampton county court in Jan 21 & replied requesting additional time due to my mother

[My mother just had an operation for breast cancer & was going through chemo at that point]

It was granted after that no correspondence.

Anything that can be done?

Letter is dated 15/03/24 but just received the letter today 26/03/24. I have till 28/03/24 to pay

Do I pay? Pic attached

Thanks

[ Guests cannot view attachments ]
Logged

Share on Bluesky Share on Facebook

Re: 2019 PCN - Baliffs Letter sent in 2024
« Reply #1 on: »
Is the addressee a limited company, it would seem so?

If so, then you, as in 'I', have no legal standing, the owner and liable party is the company. You might own/manage/otherwise work for the company but liability rests with the company.

On which point, after the company had lost their appeal and they were served with an Order for Recovery(which you refer to as a 'letter from Northampton County Court') what does replied requesting additional time due to my mother...

..It was granted after that no correspondence.

mean?

An OfR gives the recipient 21 days in which to either pay or submit a witness statement or statutory declaration citing one of the specified grounds. Requesting additional time is not one of these.

So your account is not clear as regards formal legal procedure.

Also, within approx. 5 weeks after losing your appeal the council would have written to the owner with a Charge Certificate. What happened?

Time is not the owner's friend and you must act by tomorrow (27th) at the latest
IMO. But before suggesting how, you must answer the questions fully please.
Logged
Re: 2019 PCN - Baliffs Letter sent in 2024
« Reply #2 on: »
Quote from: H C Andersen on March 26, 2024, 03:42:42 pm
Is the addressee a limited company, it would seem so?

Yes a limited company. The car was from a lease company which the Ltd leased


If so, then you, as in 'I', have no legal standing, the owner and liable party is the company. You might own/manage/otherwise work for the company but liability rests with the company.

On which point, after the company had lost their appeal and they were served with an Order for Recovery(which you refer to as a 'letter from Northampton County Court') what does replied requesting additional time due to my mother...

..It was granted after that no correspondence.

mean?

An OfR gives the recipient 21 days in which to either pay or submit a witness statement or statutory declaration citing one of the specified grounds. Requesting additional time is not one of these.

I cannot remember what it was for. It will come to me but it is not right now

So your account is not clear as regards formal legal procedure.

Also, within approx. 5 weeks after losing your appeal the council would have written to the owner with a Charge Certificate. What happened?

The owner was Audi Financial Services. No correspondence was given from Audi to us if they had received it

Time is not the owner's friend and you must act by tomorrow (27th) at the latest
IMO. But before suggesting how, you must answer the questions fully please.
Logged
Re: 2019 PCN - Baliffs Letter sent in 2024
« Reply #3 on: »
Yes a limited company. The car was from a lease company which the Ltd leased..

The owner was Audi Financial Services.

..sets alarm bells ringing!

VWFS are notoriously bad at transferring liability to the lessee.

Do you have your tribunal case number?

We can look at who's who here e.g. is the Notice of Enforcement(NoE) actually addressed to your company?

Whatever happens do NOT go past 23.59 28th March without paying because if you do and whatever action you take fails the debt would increase by an eye-watering £235, in other words it would nearly DOUBLE - read the back of the NoE which will say words to this effect:

Enforcement Fee: £235 (plus 7.5% of the value of the debt over £1,500)

If you fail to pay during the ”Compliance stage’ or you default on a payment arrangement, the enforcement company will pass your account to an individual enforcement agent. The agent will visit your property for the purpose of ‘taking control’ of your goods. At the time of the visit, an enforcement fee of £235 will be added to the debt. It is important to note that if the enforcement agent is enforcing more than one debt, he should only charge one ‘enforcement stage’ fee. He should’t apply ‘multiple’ charges.


Logged
Re: 2019 PCN - Baliffs Letter sent in 2024
« Reply #4 on: »
I will try find it.

I appealed my self at the tribunal before learning of pepipoo.

I have had help from members from peipooo afterwards regarding lease car PCN's which got cancelled due to the audi transferring liability.

Logged
Re: 2019 PCN - Baliffs Letter sent in 2024
« Reply #5 on: »
I appealed my self at the tribunal before learning of pepipoo.

You couldn't, you could never be the liable party in law.

What was your case number?? The outcome and decision are on a public register, so just give us the number and we can at least read up on the issues.

Who is the addressee on the NoE?
Logged
Re: 2019 PCN - Baliffs Letter sent in 2024
« Reply #6 on: »
I appreciate all the help

I am looking for it now.

Will get back to you asap
Logged
Re: 2019 PCN - Baliffs Letter sent in 2024
« Reply #7 on: »
Quote from: H C Andersen on March 26, 2024, 09:36:43 pm
I appealed my self at the tribunal before learning of pepipoo.

You couldn't, you could never be the liable party in law.

What was your case number?? The outcome and decision are on a public register, so just give us the number and we can at least read up on the issues.

Who is the addressee on the NoE?

Found it

2200155700

Addressee would have been the family business

i am inclined to set up a payment plan for now to keep them off my back
« Last Edit: March 27, 2024, 09:31:37 am by Kiz420 »
Logged
Re: 2019 PCN - Baliffs Letter sent in 2024
« Reply #8 on: »

Makes no sense.

The 'appellant' at the hearing was not a limited company but could not be anything else. The adjudicator glossed over the procedural point without giving reasons.

My feeling is that you rather annoyed them by simply gainsaying every part of the authority's claim, I'm surprised the decision didn't end with, appeal refused, march out and stop wasting my time!

I suspect you had a valid case as regards you were never the owner, but 4 years have passed.

Can we pl be clear: the Notice of Enforcement is addressed to a limited company.

You say you received an OfR and contacted someone to ask for extra time because of your mother's condition.

But a limited company doesn't have a mother.

Frankly there are so many inconsistencies, procedural irregularities and gaps in the evidence chain that there's no way I could see this being resolved before the payment deadline.

Maybe others have ideas.
Logged
Re: 2019 PCN - Baliffs Letter sent in 2024
« Reply #9 on: »
Just a little kind nudge
Logged
Re: 2019 PCN - Baliffs Letter sent in 2024
« Reply #10 on: »
Quote from: Kiz420 on March 26, 2024, 01:52:02 pm
Hi

I received a letter from Northampton county court in Jan 21 & replied requesting additional time due to my mother

It was granted after that no correspondence.

Do I pay? Pic attached

I am assuming that you are referring to January 21st this year?

When you say that you 'replied requesting additional time', do you mean that you had submitted an Out of Time Witness Statement or Statutory Declaration'?

You then state that 'it was granted'. Again, are you saying here that the Traffic Enforcement Centre wrote to you to say that you application had been accepted? If so, what date was the letter?

If you had submitted an Out of Time Application, what box did you tick (for example; had you ticked the box stating that you had appealed to the adjudicator etc? Do you have a copy of the forms?

PS: You have until midnight to make payment. I would suggest that you contact Marston...but only to set up a payment arrangement. In that way, you will avoid a visit being made and you will then have time to sort out what has happened with this ticket.

Bailiff Advice Online
« Last Edit: March 28, 2024, 10:21:02 am by Bailiff Advice »
Logged
Re: 2019 PCN - Baliffs Letter sent in 2024
« Reply #11 on: »
I will setup the payment plan and than I'll get all the info.

Date in question is in 2021. Either Jan or mar 2021 the out of time witness statement was received
« Last Edit: March 28, 2024, 10:54:37 am by Kiz420 »
Logged
Pages: [1]
« previous next »
  3. 2019 PCN - Baliffs Letter sent in 2024