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PCN - help needed - bailiffs involved

Hello. First post on here - feeling desperately need of some help and concrete advice from anyone who has knowledge of similar situations. Any helpful and sound advice much appreciated!

I will try to be as concise as possible about the situation:

I live in an area where we have to have residents permits.

In Aug 2013 we got a new car - thus needed a new residents permit. Applied to the council for one and waited....

All Sept 2013 waited and waited....nothing. All the time using visitors permits from our own cost ...

Early Oct 2013 I emailed parking services at the council with a complaint and outlining my dissatisfaction that no permit had arrived yet... this email was completely ignored.

late Oct 2013 we were issued with PCN - when I telephoned to complain a couple of days later I was told I'd been sent an email (2 days before the PCN was issued) asking for payment for the permit - I NEVER RECEIVED THIS EMAIL.

At this time I had a note in the windscreen explaining that we were waiting for the Council to issue our residents permit (and we had run out of visitors permit). The CEO saw this and took a photo of it when issuing our PCN on 23/10/13 - yet didn't think to check before issuing the PCN??? (by the council's own admission they had all my paperwork - see above for claim from them saying they asked for payment on 21/10/13 - thus proving that my application was being processed...)

Also at this time there was a notice on the Council website saying that all residents permits which expired in September were automatically valid for another month as they had a big backlog with permits. Therefore - we should have been exempt from any PCN as we were waiting for our NEW permit!!!!

Now comes the bit I regret - in anger I threw all the stuff in a drawer - and all subsequent post until bailiffs got really involved around December 2014....:mad::(

In my anger and frustration had not noticed that the PCN is INCORRECT and has a road name on which is NOT OUR ROAD!!!

I have subsequently applied out of time to the TEC (form TE7, TE9) but got a rejection letter from Northampton County Court... and now the bailiff thing is all starting up again.

I would like this matter to go to court as I feel absolutely certain that I have right on my side - I just don't know how to go about it and therefore any advice would be so helpful. Thanks.

Comments

  • Redx
    Redx Posts: 38,084 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper Photogenic
    pepipoo forums is your best bet on council tickets etc, not here

    they have the experts for council stuff etc
  • Tilt
    Tilt Posts: 3,599 Forumite
    Sounds like the horse has already bolted so to speak.

    If you have unsuccessfully appealed to the TEC then the issue (as far as a parking one is concerned) is at an end as I don't think there is a further "court" process. The process would of given you an opportunity to take the matter to Independent Parking Adjudicator (PATAS) where you could of argued your case as it sounds like you certainly had one.

    But the question begs why didn't you phone the council earlier about the non-arrival of your permit instead of sending an email?

    Unfortunately at this stage, I think you have little choice but to pay now before the bailiff charges escalate.
    PLEASE NOTE
    My advice should be used as guidance only. You should always obtain face to face professional advice before taking any action.
This discussion has been closed.
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