Parking Fines pt2

ArseandElbow

https://forums.moneysavingexpert.com/discussion/4762667

Further to this thread that was closed, a quick update.

Tried contacting Andrew James, they refused to speak to wife about the outstanding £800, so she asked to send paperwork as we didn't have anything other than this final notice.

Didn't hear anything for a few weeks then we finally heard off them....and boy did we.

7am knock at the door, gentleman from Andrew James Ltd. informing me that car has been clamped and lorry due to remove it and good unless the outstandign amount is paid.

Explained we didn't have any paperwork on this other than the final demand a few weeks earlier... this time they have pushed the o/s amount to just under £2000 and demanded payment there and then.

Wife was concerned over the fact he was standing on drive leaning on car etc... I got him to move his van from blocking the drive/street.

Of course this early couldn't get a hold of anyone at all. I asked to see copies of the warrants etc.. as we still ahdn't seen any and he didnt' have them with him (he'd also not shown any ID) a bit of song and dance gettign some advice from Police where we stand with him having no warrants to prove he eventually spoke to the Police himself and said they could be faxed as he didn't need to have them on his person.

Eventually, he agreed to return in a few hours (so no van had been called after all), he hand wrote some paperwork there and then detailing on of the fines, £120 fine and £300 in charges (my understanding that they shouldn't be charging on multiple fines on one visit) anyway cue several phonecalls to various courts/the company trying to locate these fines of mine.

Eventually, we bought a day whilst I was waiting for a call back from the various departments, turned out the fines were all issued in the wrong name one being issued twice in error etc.. this would explain why i couldn't find anything in my name.

Long story short the authority that issued them, cancelled them and said they'll re-issue the corrected fines, I asked for them all in my name as I can then keep an eye out. outstanding amount now about £250 (possibly £300 waiting to se enew paperwork).

Andrew James informed, said they would remove clamp... the officer sneaked onto my drive removed clamp and left without a tap at the door, however i'd heard him so watched from my window - phew!!!

Still never saw any official paperwork or an ID from Andrew James, never got a breakdown of charges which I asked for over the phone then was told to write in to have them.

When waiting for callback from various courts etc.. we thought maybe we have to pay something to get him off back, even if it meant setting up a payment plan, when trying to set one up the office put the phone down on my wife.

They then agreed that if a substantial amount was paid.. they said speak to officer to arrange, he said speak to office, they said speak to him again so I did and he said how about £900 to start.

By the time I'd spken to the courts/authorities and then resubmitted a form TE7 and TE9 saying not received fines (as they were not issued in my name) he wanted £300 etc..

pah...

I'm based outside of Cardiff, Andrew James based in Swansea.

peter_the_piper

What a palaver. Can you precis it? Where exactly are you, I'm a bit thick on a Monday morning.

Coupon-mad

Not the nice guys you had thought bailiffs were then. Sounds like they ramped up the charges and Herbie might be interested in this (Herbie occasionally posts here and is really Sheila from BailiffAdviceOnline). Bailiff laws are being tightened to try to stamp out the worst practices:

https://www.gov.uk/government/news/tough-new-laws-on-aggressive-bailiffs

Have you now got parking tickets to appeal? Or NTOs addressed to the Owner? If so then you know you can appeal these and quite possibly win.

ArseandElbow

I was told it will take upto 3 weeks for them to reissue in my name (I'm the car owner but the wife was the driver) so i'll then rebuff them to say i wasn't driving and then they'll re-issue again and then i'll pay them. When they come in I'll have a close look as a few of them are 2 days in a row so not sure what's happened there. I have sneaky suspicion she didn't display parking voucher correctly... she said she remembers one because her connection was late and missed the the time limit

Coupon-mad

ArseandElbow wrote: »

I was told it will take upto 3 weeks for them to reissue in my name (I'm the car owner but the wife was the driver) so i'll then rebuff them to say i wasn't driving and then they'll re-issue again and then i'll pay them. When they come in I'll have a close look as a few of them are 2 days in a row so not sure what's happened there. I have sneaky suspicion she didn't display parking voucher correctly... she said she remembers one because her connection was late and missed the the time limit

No, do NOT rebut them by saying you were not driving - that's a complete waste of time when in fact you appeal these on PROPER grounds (who was driving is irrelevant with Council tickets - they won't re-issue them, they will laugh at such an appeal!). As the registered keeper YOU are liable for these and YOU must appeal them properly.

Don't get set to just pay up either, as it seems to me they will send you a Notice to Owner for each one and there is NO POINT paying at that stage when you can appeal to an adjudicator for no risk, no extra cost. And most people do win at adjudication. You could end up paying nothing at all.

Post for help on pepipoo forum when you get the re-issued NTOs:

http://forums.pepipoo.com/index.php?showforum=30

When you do get the new NTOs take a picture of all pages or scan them so that the posters can look for any flaws. Also post any other letters including the original PCNS (both sides) if you still have them. Read a few threads there now to see what to post when the time comes.

If they were for two different locations then start two separate new pepipoo threads with relevant pics of the paperwork - but only when the NTOs arrive.

ArseandElbow

Will do... I've never had a parking fine before so this is all new to me.

spacey2012

Why assist them with the name change ?
If it has been issued in an incorrect name, it is not a valid warrant.
I would look at the legal options carefully here, they can not turn up with a warrant for Joe blogs and enforce it on Bob Brown.

ArseandElbow

it is so I can take control of them wife is not well at moment so unable to deal with these things, so rather than me missing them I can keep an eye out when they come in. It ws explained to the authority on phone and they were happy with my reasons why I wanted warrants cancelled and tickets re-issued.

They also were told I wasn't driving at the time (or now) but I wanted them to make sure they were dealt with.

4consumerrights

Both Coupon and Spacey make valid points.

IMO Another possible course of action could be to make a formal complaint to your council - every council has a complaints department.

Make sure its headed "Letter of Complaint" briefly explain the suitation emphasing that bailiffs came with incorrect paperwork (wrong name and no warrant) which caused extreme distress and anxiety and involved the police,who intervened on your behalf. Stress that in these circumstances any charge should be cancelled due to the mistakes made in execution and that the situation has made your wife unwell.

Councils have to deal with any formal complaints made and there is then the option to go to the independent council ombusman service -
http://www.lgo.org.uk/

Coupon-mad

ArseandElbow wrote: »

it is so I can take control of them wife is not well at moment so unable to deal with these things, so rather than me missing them I can keep an eye out when they come in. It ws explained to the authority on phone and they were happy with my reasons why I wanted warrants cancelled and tickets re-issued.

They also were told I wasn't driving at the time (or now) but I wanted them to make sure they were dealt with.

Just wait and see if you get 'Notice to Owner' letters for each one in your name (or any other Notice). If you do then start a new thread on pepipoo and they can help you to appeal them properly. Link already given to pepipoo so why not start reading a few threads on there every few days, to get the hang of that forum?

Most posters there start as newbies like you, first PCN - and most end up stuffing the Council!

What you must NOT do is ignore any Notice that now arrives; deal with it with pepipoo forum help. You can certainly complain as 4consumerrights suggests - good idea - but NOT missing any deadline to appeal, don't take your eye off the ball when you get the Notices. Keep a pepipoo thread updated as and when you need more advice.

ArseandElbow

soon as I hear I'll come back for the advice, cheers all.