PCN, The Bailiff and what to do next?!?!

Rusey1982

Hi all,

I am hoping someone can help me with the predicament i seem to be in.
I will try to keep this as short as possible.

Had bailiffs turn up the other week to take money owed from a PCN dating back to May 2015.
Had to pay £512 on the spot or the car was being taken away.
My wife and I had no idea we had received the PCN. Bailiffs were very helpful and gave us contact details and numbers regarding the PCN.
After we paid and the bailiffs went, we began to look into said PCN. We were able to look online at a video and photos of the offence committed.
Admittedly, albeit for 8 seconds, my wife had stopped in a yellow box junction.

Our issue is that we did not receive the PCN delivered to our address, we did not recieved any follow up letters and no letter stating that the PCN was being passed onto the Bailiff.

I have contacted the Hammersmith and Fulham Council, which is where the offence occurred, and told them that we had no contact from them, so how can we pay a charge that we know nothing about.
Their response was that they sent the letters out, which they received back, and that we have paid so as far as they are concerned, the case is closed, and that they will send us a letter in the post to confirm this, to the address that they have for us.
In the email, it had the address that they had been sending the letters and PCN to.
IT IS NOT MY ADDRESS ON THE LETTER!! :mad: :mad: :mad:

I went to the address that the letters had been "sent" to and spoke to the person living there. They said they would keep a look out for any post that turns up.
Two days later they were in contact stating that they had a letter turn up for me.

So, I now have proof that they have been sending the post to the wrong address. Even the address the bailiff wrote on my reciept of payment is incorrect!
How could i have paid the origional fine if they have been sending the post to the wrong address??
Do i have grounds to claim back the fine charges? seeing as they were sending it to the wrong address?

Where do i go from here??

Any help or advise at all would be marvellous!

Thank you in advance!

Dave

salmosalaris

So how come bailiffs turned up at your address ?

Rusey1982

I live in a block of 4 flats, and the car was parked directly outside.

So i presume they called at each flat before they knocked at ours as a process of elimination.

I forgot to state, the address that they had sent the post to was the same road, just a different door number.

salmosalaris

Post on Pepipoo ,the council tickets section , you'll get good advice there

Johno100

And what address is on your vehicle's V5 (log book), yours or your neighbours?

Rusey1982

V5 is registered to my address, of which I have double checked all the information on there, which is all correct.

Half_way

You may, or to be more precise will need some specialist assistance here, try posting on the notomob site as well as pepipoo, they have a separate section for Hamersmith and Fullham http://notomob.co.uk/discussions/index.php?action=forum

Herbie21

Rusey1982 wrote: »

V5 is registered to my address, of which I have double checked all the information on there, which is all correct.

From what you have said, it should be an easy matter for you to file an Out of Time witness statement with the Traffic Enforcement Centre. This is the only legal route to enable a refund to be obtained.

Am I correct in reading that that Hammersmith & Fulham have confirmed that they received returned post for you?

You should find a lot of information on the following page of our website. If not, please do post back.

http://bailiffadviceonline.co.uk/index/traffic-enforcement-centre-tec/out-of-time-witness-statement

Bailiff Advice

The_Deep

!!!! happens


http://www.dailymail.co.uk/news/article-3493711/Non-smoking-mother-forced-pay-650-fine-dropping-cigarette.html

Rusey1982

Herbie, Yes, on my letter of complaint they stated the following -

"On 18/08/2015 your Statutory Declaration form was returned to us ( sender ) by the
Post Office. We do not accept responsibility for any apparent or alleged failure by Royal Mail to deliver correctly addressed post, or any costs that may be incurred as a result."

Which is amusing as the post was obviously not correctly addressed.

I have just read through the link you provided and has proved very helpful.
I am just awaiting for another reply from the council via email. But i think that all I will need now is an Out Of Time Witness Statement form to send them!

dazster

You can download the forms here: https://www.gov.uk/parking-tickets/out-of-time-witness-statements