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Messages - NightSoul

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Civil penalty charge notices (Councils, TFL and so on) / Re: Bailiff - TEC did not acknowledge receiving my in time witness statement and refused my late TE9 for PCN not receive
« on: June 16, 2024, 02:56:21 am »
Some due diligence is needed on the website you are promoting. Search Sheila Harding bailiffs.

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Civil penalty charge notices (Councils, TFL and so on) / Re: Bailiff - Brent Council, 50 Performing a prohibited turn, Glacier Way, Brent
« on: June 15, 2024, 08:57:07 pm »
Before deciding to file an N244 for review, these reviews can be costly and are often denied.
You need to gather more details from your narrative, specifically regarding whether the address on the warrant of control is your current address. You mentioned being in Asia, but we need to clarify the dates and whether your trip abroad coincided with the contravention debt or the issue date on the Notice of Enforcement (NOE).

It is crucial to understand that receiving an NOE indicates that the warrant address is current. This is significant as it means the NOE would have been sent to a different address, namely the one on the contravention vehicle's V5.

Your car is at risk of bailiff enforcement because the suspension of the enforcement power was lifted when the TEC refused your application. If your car is on finance, it is exempt from enforcement. To offer some reassurance, paragraph 18(a)(d) of Schedule 12 of the Tribunals, Courts and Enforcement Act 2007 prohibits bailiffs from using force to enter a domestic property when recovering an unpaid traffic contravention debt. Therefore, the most you can expect is strong language and a series of demanding letters before the bailiffs move on.

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Civil penalty charge notices (Councils, TFL and so on) / Re: Newlyn attendance - Unpaid PCN
« on: May 02, 2024, 04:56:33 pm »
You need to confirm if the address on the warrant matches your current address. If it doesn't, the warrant is considered "defective" and cannot be enforced. Contact the TEC at 0300 123 1059, providing the PCN number initially. During the security check, provide your previous postcode if it differs. If they validate that postcode, it indicates the warrant contains your previous address, rendering it "defective."

If you appeal the PCN with the TEC and provide your current address on the TE or PE forms, your appeal will be "rejected", and the TEC will modify the address on the warrant. If this occurs, enquire with the TEC about the issue date of the original warrant. If this date precedes your moving to your current address, Newlyn is in breach for not issuing a Notice of Enforcement, as mandated by Paragraph 7.1 of Schedule 12 of the Tribunals Courts and Enforcement Act 2007.


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Civil penalty charge notices (Councils, TFL and so on) / Re: Single yellow line PCN to my lease car -Advice needed!!
« on: March 18, 2024, 05:49:10 am »
Numerous leasing entities commonly register the lessee's name on the V5 document, thereby ensuring the receipt of correspondence. Given your possession of the PCN, you are empowered to articulate your perspective through representations to the authority.


Your representation ought to articulate that you received a Penalty Charge Notice (PCN) while picking up your daughter from a school with no parking. The PCN states a two-minute observation window, though photos show you loading your child with the doors open, and the officer's report mentions over five minutes. You believe you're entitled to a reasonable loading period, especially as there are no restrictions signposted. The council suggests a three-minute loading limit, which conflicts with the PCN's details.

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The Flame Pit / Re: Pepipoo offline again
« on: March 17, 2024, 03:06:46 am »
Dear Hills and Peeks,
I trust this correspondence finds you well.

Allow me to introduce myself; I am [NAME]. I am contacting you in your capacity as accountants for your esteemed clients, specifically Pepitec Ltd, overseen by directors Mike Morgan and Steve Smith.

Enclosed herewith is a letter intended for your clients' attention. I kindly request your confirmation of its safe receipt and assurance that the enclosed message has been effectively conveyed.

Should any obstacles impede the delivery of the attached message, I would greatly appreciate your esteemed assistance in identifying an alternative means of communication with your client.

Thank you for your prompt attention to this matter.

Yours sincerely,

[NAME]




Content of letter to Mike Morgan and Steve Smith


Quote
FAO Mike Morgan or Steve Smith of Pepitec Ltd,

Dear Sirs,

I trust this message finds you well.

Allow me to introduce myself; I am [NAME]. Although we have not had the opportunity to acquaint ourselves previously, I hope you will understand the significance of my outreach.

I am contacting you in your capacity as directors of Pepitec Ltd, the overseeing entity of the web-based forum community known as Pepipoo.com.

The purpose of my communication pertains to recent disruptions in service, compounded by the revelation from moderators regarding their inability to ensure the continuity of the website.

I wish to extend an invitation for you to consider presenting an offer to transfer control of the service, along with the associated domain name, which currently holds a remaining registration period of four years.

My intention behind this proposal is to appoint an administrator capable of assuming responsibility for maintaining continuity, as well as assembling a team of volunteer moderators to oversee the day-to-day operations of the community.

Should you wish to discuss this matter further, please do not hesitate to contact me via email at [EMAIL] or by telephone at [MOB].

I would greatly appreciate your confirmation of safe receipt of this communication, regardless of your decision.

Best Regards,

[NAME]




I'll keep you all posted.

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The Flame Pit / Re: Pepipoo offline again
« on: March 16, 2024, 08:36:32 am »
If the Pepipoo administrators are unresponsive to your attempts to communicate, consider reaching out to them through their accountants at https://hillsandpeeks.co.uk/. Their recent submission of a confirmation statement on 22 August last year suggests they are actively engaged. Request that your message be relayed to their client, and enquire whether they might be open to transferring administrative control to a more proactive party.

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Civil penalty charge notices (Councils, TFL and so on) / Re: Seeking Legal Advice: Is It Worth Defending My Case After Clamping Appeal Reject
« on: February 02, 2024, 02:32:43 pm »
I have a different take on it.

You might be dealing with impropriety with the enforcement (clamping) rather than the actual traffic contravention.

Have a look through this https://www.beatthebailiffs.org/stop-parking-ticket-bailifffs.html  and say which of these applies to you.

I acknowledge not updating a V5 with the DVLA is no excuse, but it's no excuse for bailiffs to breach enforcement regulations by clamping without giving statutory notices.


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Civil penalty charge notices (Councils, TFL and so on) / Re: PCN from London Borough of Hounslow - sent to wrong address - V5C not updated - Bailiffs involved - paid fine
« on: October 03, 2023, 06:18:48 pm »
Quote from: cp8759 on October 03, 2023, 01:06:20 pm
The fact that someone else was driving is irrelevant, the owner is responsible for a council PCN no matter who was driving.

The keeper is responsible.

The OP can reclaim the money taken because the V5 address is his previous address and bailiffs were able to find his current address.

The council may have failed to comply with Civil Procedure Rule 75.7(7) by applying for a warrant with the respondent's (the OP) new address.

The previous address shows the OP did not get a notice of enforcement. That is a critical enforcement stage before a bailiff can take money under the warrant of control.


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Civil penalty charge notices (Councils, TFL and so on) / Re: County court judgement but no letters - Bailiff
« on: September 29, 2023, 10:25:29 pm »
Quote from: Victory23 on September 29, 2023, 03:02:54 pm
No they were for the PCN GX06778756 as the email I got from TEC had them attached to complete. I assumed this is to get the fees back from the bailiff and or the court and TFL

The only way to reclaim bailiffs fees is a detailed assessment (complicated) or a small claim (simple).

Go with the latter, but the claim must start with a letter of claim setting the reason why the money should be returned and give bank details for TFL to pay.

I've not read your thread, but your grounds can be that the warrant address for enforcement differs from your current address, the enforcement power ended (suspended, your PE2 was allowed), or some other enforcement error. It would be a discussion in its work right to debate the possibilities of enforcement error.

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Civil penalty charge notices (Councils, TFL and so on) / Re: County court judgement but no letters - Bailiff
« on: September 27, 2023, 06:27:35 pm »
Quote from: H C Andersen on September 27, 2023, 05:19:47 pm


DVLA would put Mickey Mouse, Toyland down as the registered keeper if required. The point being that they do not validate addresses, merely record them.




That is not right.

DVLA validates all new keeper addresses on the Postcode Address File.

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Civil penalty charge notices (Councils, TFL and so on) / Re: Hackney Council - PCN for LTN 52m prohibition, Stoke Newington Church St - Sent to old address
« on: September 25, 2023, 03:52:03 pm »
Do not pay anyone offering to do your PE forms.

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Civil penalty charge notices (Councils, TFL and so on) / Re: County court judgement but no letters - Bailiff
« on: September 24, 2023, 11:14:33 am »
Quote from: Neil B on September 24, 2023, 11:03:39 am

For the PCN case histories you only need to give us the numbers and the VRM and we can look ourselves.


Where?

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Civil penalty charge notices (Councils, TFL and so on) / Re: County court judgement but no letters - Bailiff
« on: September 22, 2023, 07:00:43 pm »
Have a look at your V5 address. The V5 for the contravention vehicle.

They always send correspondence to the V5 address of the contravention vehicle.

If the V5 address is not current or has a different postcode, then that is why you know nothing about the PCN's until bailiffs found you.

You need to do this check before filing a PE2&3 at the Traffic Enforcement Centre.

From your post subject, "county court judgment". Statutory PCN's dont carry a judgment on your credit file.

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Civil penalty charge notices (Councils, TFL and so on) / Re: Bailiff at my home for paid Congestion Zone Charge
« on: September 22, 2023, 10:31:11 am »
Bailiffs cannot execute your brother's warrant at your address it is not where he lives. Paragraph 14(6) of Schedule 12 of the Tribunals Courts and Enforcement Act 2007.

The warrant is therefore a defective instrument.

If bailiffs threaten you with enforcement, then just show a document that you are the occupant of the address.

Transport for London needs to re-apply for a new warrant specifying your brother’s current address (wherever that may be). Civil Procedure Rule 75.7(7).

You don't need to pay the debt on your brother's behalf.

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