notice of enforcement from an unknown PCN

adelle91

Hi, i'm a newbie so please bear with me!

Need some advice please...

23/08/2014 received a 'notice of enforcement' from 'phoenix commercial collections ltd' regarding an unpaid PCN from 15/02/2014. I moved home on 02/03/2014 so this is the first correspondence i have ever received as any other letters have been sent to the old address. All the charges incurred total £187 as it has been subject to "a warrant of control was authorised the traffic enforcement centre at the county court business centre northampton" this barely makes much sense and up until now i wasn't aware of any PCN. It has been issued by the local council and passed on. I'm not disputing the PCN (although ironically i was at the local council when the pcn was issued) but i wouldn't have ever let it get to this stage and i haven't got 187 quid to pay out!

I've searched the internet and found a witness statement to send to the TEC but i haven't got any reference numbers for the PCN as the only documentation i've received is this phoenix bailiffs one

Any advice would be greatly appreciated! Thank you!

Dee140157

If this is a council PCN you need to go over to pepipoo.com and post on their council forum. This one tends to be about private parking charge notices not council ones. Are you sure it me was originally a council one though?

Umkomaas

I'm not clear whether this hasn't already been to court and a default judgment awarded against the OP.

@ OP - are you able to clarify please? Any chance of a (redacted) scan of the Phoenix letter please?

How did they get your new address?

Coupon-mad

adelle91 wrote: »

Hi, i'm a newbie so please bear with me!

Need some advice please...

23/08/2014 received a 'notice of enforcement' from 'phoenix commercial collections ltd' regarding an unpaid PCN from 15/02/2014. I moved home on 02/03/2014 so this is the first correspondence i have ever received as any other letters have been sent to the old address. All the charges incurred total £187 as it has been subject to "a warrant of control was authorised the traffic enforcement centre at the county court business centre northampton" this barely makes much sense and up until now i wasn't aware of any PCN. It has been issued by the local council and passed on. I'm not disputing the PCN (although ironically i was at the local council when the pcn was issued) but i wouldn't have ever let it get to this stage and i haven't got 187 quid to pay out!

I've searched the internet and found a witness statement to send to the TEC but i haven't got any reference numbers for the PCN as the only documentation i've received is this phoenix bailiffs one

Any advice would be greatly appreciated! Thank you!

You will have to contact the Council and ask them to give you the details you need for your TEC form. I assume you know which Council it was or you have a fair idea where the car was in February? So, go in personally, if you can, to the main Council offices and don't leave till they tell you the details of this PCN. Trouble is they are not open until Tuesday.

For this weekend, hide the car in a garage (even a friend or relative's garage) not around the corner! The bailiff will likely come looking to clamp it early one morning. Don't think you don't need to hide the car, don't think I am being alarmist - this IS what they will do.

IF THE BAILIFFS DO CLAMP THE CAR THEN DO NOT PAY. DEMAND A COPY OF THE WARRANT, IT IS NOT ENOUGH FOR A BAILIFF TO 'SAY THEY HAVE ONE'. SHUT THE DOOR AND POST FOR HELP ON PEPIPOO.

If the bailiff turns up, don't let them in nor tell them where the car is (that you have put in a garage of course).

And here's the forum for you to post on:

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

They will help you with advice through the TEC process, which can get the case back to PCN stage (appeal stage). Which means that pepipoo posters can then help you appeal and win - as almost everyone on there does in the end. Don't let the relief of getting it back to PCN stage make you think you need to just pay it to make it go away (not the case).

Finally it sounds like you haven't given the DVLA your new address which must be sorted out immediately. Contact them and give them your new address as keeper as a priority because you can get a fine for not telling them, and it's huge.

adelle91

They have my new address from DVLA as it has been changed. It is from the local council, i know which car park but wasn't aware i had gone over the time limit. Would the witness statement to the TEC do anything? I intend to go to the council tomorrow when i finish work to find out the details but just not sure where to go with it! Will check pepipoo too!

Umkomaas, i don't know whether it has been through court either, the letter is as follows:

Notice of Enforcement

About this notice you have been sent this notice of enforcement because you have not paid money that you owe

Who you owe the money to

The amount you owe them

Their ref/account no.

Enforcement details of the court judgement or order or enforcement power by
Details virtue of which the debt is enforceable

A warrant of control was authorised by the traffic enforcement centre at the county court business centre northampton, on 2 july 2014 in respect of an unpaid penalty charge notice issued to vehicle registration ******* on 15 february 2014 at riverside car park, rotherham.

Sum outstanding debt £112.00
Interest £0.00
Compliance stage fee £75.00
Total sum £187.00
(As at the date of this notice)

When to make a payment
You must pay to, or agree a payment arrangement with, phoenix commercial by 10.00am on 2 september 2014.

It seems the letter is from a debt collecting agency so i am unsure whether it can be stopped or revoked. "/

Coupon-mad

Would the witness statement to the TEC do anything?

Yes - look, as I already said - it gets it back to appeal stage if you follow it all through the stages of paperwork, with pepipoo forum's help. You didn't receive other paperwork so you CAN get this set back by making an out of time application. Pepipoo will tell you how and what to do when it is first 'refused'. They are also highly likely to help you then (when you get a PCN or NTO issued to you later on) appeal and win in the end so you might pay NOTHING.

It seems the letter is from a debt collecting agency so i am unsure whether it can be stopped or revoked.

No it's from a bailiff with power to clamp cars - so hide that car. The bailiffs will return early morning so put the car in a garage NOW. Be ready to get a copy of the warrant from the bailiff and shut the door and call the Police if they refuse. Do not pay even if the Police are useless - be polite but insist on having a copy of the warrant and knowing the PCN number. Explain you are in the process of making an Out of Time Application via the TEC because no other paperwork was ever served - and it is your right to be allowed to take that step.

Have you posted on pepipoo yet? I hope so as this is URGENT to get sorted and they have experience with it all and bailiffs.

adelle91

Coupon-mad wrote: »

Yes - look, as I already said - it gets it back to appeal stage if you follow it all through the stages of paperwork, with pepipoo forum's help. You didn't receive other paperwork so you CAN get this set back by making an out of time application. Pepipoo will tell you how and what to do when it is first 'refused'. They are also highly likely to help you then (when you get a PCN or NTO issued to you later on) appeal and win in the end so you might pay NOTHING.

No it's from a bailiff with power to clamp cars - so hide that car. The bailiffs will return early morning so put the car in a garage NOW. Be ready to get a copy of the warrant from the bailiff and shut the door and call the Police if they refuse. Do not pay even if the Police are useless - be polite but insist on having a copy of the warrant and knowing the PCN number. Explain you are in the process of making an Out of Time Application via the TEC because no other paperwork was ever served - and it is your right to be allowed to take that step.

Have you posted on pepipoo yet? I hope so as this is URGENT to get sorted and they have experience with it all and bailiffs.

yes i posted on pepipoo earlier but havrn't received a reply yet. I have no access to a garage but intend to take the car to my mother in laws and use my partners car until i contact the tec. Thanks for your help!