Author Topic: Bailiff PCN Kingston upon Thames  (Read 889 times)

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Re: Bailiff PCN Kingston upon Thames
« Reply #30 on: »
? The OP received and responded to the PCN, made no attempt to follow up when the council's reply wasn't received, received and ignored the NoE and let their V5C lapse by 3 years+.

OP, if all you have is 'game play' then you might as well go for it. 


Re: Bailiff PCN Kingston upon Thames
« Reply #31 on: »
. duplicated
« Last Edit: October 20, 2024, 03:41:54 am by Pressman »

Re: Bailiff PCN Kingston upon Thames
« Reply #32 on: »
Maybe a letter of complaint to the authority highlighting the unlawful action of the Agent and the distress (emotional pain and suffering) the unlawful clamping has caused.

I advise against making a complaint, as they rarely yield results.

Instead, pursue a claim for the days your hire purchase vehicle was unlawfully clamped; this may prompt the council and bailiff to take your situation more seriously.

Adjusting the claim value is crucial and requires careful consideration beyond the technical scope of a public forum.
 
If you decide not to act now, it’s wise to await any response from the council, and then you can take appropriate action.

I acknowledge that the TE7 is the de facto advice on this forum, but it is unsuitable for cases involving an enforcement breach.

Re: Bailiff PCN Kingston upon Thames
« Reply #33 on: »
Instead, pursue a claim for the days your hire purchase vehicle was unlawfully clamped; this may prompt the council and bailiff to take your situation more seriously.

Every narrative reference I can find to this issue suggests that clamping the car was not unlawful. What evidence is there other than a simple reference to the term 'belonging' which, like 'reasonable', appears to defy a unique definition.

Sorry, but IMO this is just another distraction. How exactly is the OP to 'pursue a claim' and what actual monetary damages have they suffered? 

Re: Bailiff PCN Kingston upon Thames
« Reply #34 on: »
why does a claim have to have a monetary value?
however if the OP was wrongfully deprived of the use of a car they were paying for then I don't see why compensation is not relevant.
The Agent was probably under "reasonable assumption" the vehivle was owned by the op. we need to hear exactly when in period of clamping the Agent was informed with proof that the vehicle was not owned by the OP.
Quote from: andy_foster
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Re: Bailiff PCN Kingston upon Thames
« Reply #35 on: »
I think this is apparent from the thread.

IMO, if the bailiff removed the device promptly after carrying out their financial checks then the OP was surely lawfully denied the use of their vehicle. (I can't imagine what a judge would make of a claim which was predicated on the claimant ignoring a NoE)

OP, do you intend to submit an OOT and if so what reasoning [for late submission of your WS] would you put in your application?   

Re: Bailiff PCN Kingston upon Thames
« Reply #36 on: »
The bailiff operates under the reasonable assumption that the goods belong to the debtor unless presented with contrary evidence. This assumption, however, only limits the bailiff's liability under Paragraph 66 of Schedule 12 of the Tribunals, Courts and Enforcement Act 2007. Importantly, the debtor always has a remedy against the creditor as outlined in the Rule 6 notice.

Moreover, the creditor can recoup their losses from the bailiff through insurance.




(I can't imagine what a judge would make of a claim which was predicated on the claimant ignoring a NoE)
 


Regarding your concerns, I recognise you may not have a legal background. It’s important to note that a judge cannot make assumptions unless substantiated by fact.

Consequently, “ignoring a Notice of Enforcement” does not constitute a valid defence against a breach of Paragraph 10 of Schedule 12. Such a stance could lead to an appeal, which may complicate matters for a judge who begins to stray from the claim’s scope and relevant legislation.

Re: Bailiff PCN Kingston upon Thames
« Reply #37 on: »
why does a claim have to have a monetary value?



While a legal process exists to assess a claim, delving into the specifics at this stage would be purely hypothetical.

Re: Bailiff PCN Kingston upon Thames
« Reply #38 on: »
Hi,

Happy new year -

I did complete an OOT form however this was rejected and after this, I reached out to the council to attempt to pay the fine directly to them but this was unsuccessful.

I have today (14th day post OOT rejection) to decide whether to apply for a District Judge review (£119) or pay up because the bailiffs are back.


Does anyone have any recommendations?

Kind regards

Re: Bailiff PCN Kingston upon Thames
« Reply #39 on: »
Why have you left this to the last day?
What date is on the rejection from the Traffic Enforcement Centre?

The only issue that the District Judge is allowed to consider is whether or not you had a valid reason for being late submitting your Witness Statement. The DJ cannot consider issues such as the clamping of the car, your Blue Badge and the merits or otherwise of the original PCN.

So given the constraint do you believe you can convince a judge that you have a good reason, given that the registered keeper address on the V5c was incorrect for three years, as opposed to being the author of your own misfortune?

Also the £119 is for a hearing on the papers, you'd maybe stand more chance if you asked for a hearing in person with a much higher fee at £303. And the fees are not normally recoverable.
« Last Edit: January 22, 2025, 03:50:59 pm by Enceladus »
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Re: Bailiff PCN Kingston upon Thames
« Reply #40 on: »
Unfortunately I have a lot of life admin and charges to sort out this month, so I’m a bit overwhelmed.

The date of rejection was 9th January.

Well noted on the what the District Judge can actually do here. Definitely an unfortunate circumstance, and I just can’t keep up now to be honest.

The debt is around £600 so I was only considering the possibility of the lower review fee.

Do you know if anything can be done to negotiate the debt with bailiffs?

Otherwise I will need a payment plan, and I assume this will affect my financial record which is not ideal for me professionally…