Author Topic: Bailiff - 4 x Marston Notice of Enforcement letters today, No PCN ever received/Bristol CAZ Charges  (Read 1239 times)

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H C Andersen

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The second link gives the fees clearly.

If one goes further one can find that once a payment plan is agreed then enforcement must ease - because payment has been made- and may only recommence if the keeper defaults.

If you are still unsure, pl pm me.


bingodingo

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I am reading up on filling out the TE7 and TE9 forms.
I have my proof of current address ready.

On Monday I will be speaking to these people to check I have the right forms and the correct/best way to fill them in:
# Bristol Clean Air Zone
0117 903 6385

# Traffic Enforcement Center NN1 2LH
Telephone:   0300 123 1059

# Citizens Advice Bristol
48 Fairfax Street, Bristol, BS1 3BL
0808 278 7957

# Stop the Bailiffs Jason Bennison
https://stopthebailiffs.uk/appeal-traffic-debt-parking-fine-after-bailiffs-statutory-declaration-out-of-time-witness-statement.html
22 Wenlock Road, London N1 7GU
07988 226048
jasonbennison1(at)gmail.com
Jason Bennison. Practitioner in Civil Enforcement (Bailiffs) Restitution.

# Marston (Bailiff)
0333 3201822
« Last Edit: July 26, 2024, 08:57:33 pm by bingodingo »

bingodingo

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The main part I am not sure about is the top of TE9 form:
https://imgur.com/a/MCvjVR5

I have read that as I haven't received info / PCN, I should fill these fields with "UNKNOWN" (apart from "Penalty Charge No.", which I have from the Bailiff letter).

Pressman

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Upon reviewing a TE9 form, it raises a pertinent question: if you were unaware of the fine, how could you be expected to know the details? The letter provides the penalty reference, which should suffice for the court to access the relevant particulars without needing to request them from you.

I have enquired about the regulations that permit the establishment of a payment plan to stop the enforcement. I will provide this information as soon as I have confirmed the specifics.
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H C Andersen

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It's not a fine, it's a penalty.

Each NoE carries exactly the info required for the TE9, except that the council is the applicant.

So, no unknowns.

Why would you want to submit the TE7 - which is the key document - because you posted: I will contact Bailiff Advice Online for help submitting Witness Statements with Out of Time applications.


If you submit your TE7 with nothing more than 'I didn't receive...' then be prepared to fail.

bingodingo

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I have enquired about the regulations that permit the establishment of a payment plan to stop the enforcement. I will provide this information as soon as I have confirmed the specifics.

Thank you Pressman, that is very kind of you to take the time.

bingodingo

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Why would you want to submit the TE7 - which is the key document - because you posted: I will contact Bailiff Advice Online for help submitting Witness Statements with Out of Time applications.


Thanks for your responses H C - I have contacted Bailiff Advice Online, but haven't heard back yet, so I am trying to keep ahead of things and prepare for all eventualities.

If you submit your TE7 with nothing more than 'I didn't receive...' then be prepared to fail.

H C, you are obviously experienced in this area - could you kindly offer suggestions of how to make a TE7 more likely to succeed?

« Last Edit: July 27, 2024, 11:10:56 am by bingodingo »

Enceladus

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The Notices of Enforcement are dated 20/07/2024. These notices have to give you seven clear days to pay up. Yours have to be paid by 23:59 on 09/08/2024. Which is unusually generous from Marston. So let's make sure all is in proper order.

Please phone the Traffic Enforcement Centre (TEC) at Northampton County Court, Tel: 0300-123 1059, Monday am if possible.

For each PCN please find out the date the warrant was issued by the TEC, and whether the warrant was re-issued with a new address and when? Please report back. The TEC is open at 09:00 to 17:00. But phone earlier rather than later. The PCN numbers are the reference numbers beginning BS on the Notices of Enforcement.

It won't cost you any more money to submit Out of Time applications. So you might as well have a go. However it's hard to know what you can put on the OOT that helps explain why you are late. A six year out of date address for the RK is very hard to explain.

If Bristol object then your applications will be rejected. And it is likely financially unviable to try, or even if you might be able, to get that rejection reversed. So it's vital to maximise you chances of success with the OOT applications, which is why I referred you to Bailiff Advice Online. I still believe it would be best to get advice from them.

What's the value of the car?
« Last Edit: July 27, 2024, 02:39:02 pm by Enceladus »

bingodingo

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Thanks Enceladus, very kind of you to give me guidance - I will get onto all the phone calls first thing Monday morning and post here with the information I gather from your questions.

I will also call (I previously messaged) Bailiff Advice Online on Monday morning.

Don't know what the car is worth, but not much, maybe only as little as £500 for a quick sale.
« Last Edit: July 27, 2024, 02:10:00 pm by bingodingo »

Enceladus

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To respond to your PM.

Posting on here won't damage your case. There's no need to be concerned. The only information you need to redact is your name and address.

This is about getting you back into the appeal process which will require successful Out of Time applications to get the warrants revoked. And if that cannot be done then how to minimise the damage.

Whether it's five years or six years since you moved is not really the issue. The bottom line is that when you moved you assert that you sent the change of RK address to the DVLA. But have you any proof?

The bottom line is that the change was not processed and it seems you didn't follow that up. From the Council's point of view they served their PCNs and associated documents on the person and the address held by the DVLA. It's not their fault that the DVLA info was out of date.

I think it might be best to  submit a late representation to the Council in parallel to anything else. They're no longer under any obligation to consider it, but they might so it's worth a try. A representation pointing out that that you did submit a change of address to the DVLA in month/year xxxx, that was before the alleged contraventions occurred. It wasn't your fault that it wasn't processed.

Had you actually received the first PCN for the 18th Feb 2023 contravention then you would have known about the Clean Air Zone and wouldn't have contravened it again. It's unfair to pursue charges against you when you have not received any of the statutory notices due to circumstances which were not within your control. Terribly, sorry, won't do it again etc etc. Please use your discretion and cancel the PCNs and please do not oppose my Out of Time applications.

Perhaps HCA might help draft something for you? He's good at that sort of letter.

Pressman

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After conducting a comprehensive review, I have gained a deep understanding of the legal obligations related to stopping enforcement actions upon reaching a payment plan agreement.

I also reached out to HCA via private message, as he had suggested. However, after not receiving a response, I reviewed the two links he provided.

I found no legal provisions that requires a stop of enforcement when a payment plan is in place.

HCA's advice is highly valued in our discussions. If he could kindly share the source of his advice, it would greatly contribute to our understanding and be appreciated by all.

H C Andersen

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Simply, the NoE states:

If you don't pay or agree a payment plan on time we will visit you..[and levy the Enforcement Stage fee].


Neil B

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Simply, the NoE states:

If you don't pay or agree a payment plan on time we will visit you..[and levy the Enforcement Stage fee].
Yep.
It's an agreement, i.e. a contract and therefore legally binding. Not rocket science and doesn't need to appear in any legislation.

This reminds me of the time you, pressman, couldn't comprehend the 4pm processing cut off time, expecting it to be a firm commitment that TEC were required to stick to for suspending enforcement. Not understanding that it was subject to realistic practicality (and, for many months now, hasn't existed, in practice, at all).   

Pressman

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Neil, there's been a notable change in the advice. What legislation makes the agreement legality binding?

HCA stated that agreeing on a payment plan stops enforcement. However, the current advice now indicates that such an agreement only prevents a visit from enforcement officers.

To support the OP, we need to establish an accurate legal position regarding the impact of enforcing a payment plan in this context.

bingodingo

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Looked into things full today.
Had a heart attack when I realized I actually have 27 outstanding caz charges (if you don't know you don't know).

I then spent all day reading around traffic law.

I also got some really good advice, support and options from Jason and Sheila:

nationalbailiffadvice.uk
jasonbennison.com
Jason Bennison
07988 226 048

bailiffadviceonline.co.uk
Sheila
01643 841 886

Basically, my car is 20 years old, rusty, has dints, worth £500. It will probably die in the next 6 months (gears getting a bit clunky).

We are gonna tough this one out:
- I have moved my car to a friend's house driveway.
- I am a pretty big guy, did judo as a child, boxing as teenager, I play football and do some upper body.
- I have had bailiffs come round before looking for previous tennants, I know what they look like.
- We will not be opening the door to anyone.


Wish us luck...