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PCNs and Bailiffs

Hi all,

So I've had a bit of an issue why has left me quite frustrated.

Back on 29/09/2016 I was issued a PCN (due to being parked in a residents parking area - contravention 12). I had in fact broken down.

I sent through a challenge to Lambeth council saying in these mitigating circumstances would the consider cancelling. They wrote back on 17/10/16 saying no.

I then (on the advice on the back of the correspondence) waited 28 days for the "notice to owner" (NTO) to appear. Life continued and this issue buried itself in the back of my mind.

Fast forward to today 07/03/17 and I have Bailiffs? (EQuita - with a capital Q) at my door demanding payment of £513 else the car would be towed. Long story short, they had been appointed by Lambeth Council to collect the fine. Had I been home I wouldn't have paid - but my unfortunately my sister did.

Now I want to know where (if anywhere) I stand? I had not received an NtO and therefore couldn't appeal. But now that I've paid have I said goodbye to that £513?

Of course I'm livid, but if that solved anything then I'd be fine. Can anyone let me know what my options are? Is it assumed that council will have sent out the NtO if I was to take them to court? Is it even possible to go down this route? Should I just forget about following this up as it's virtually impossible to get my money back?

Right now I'm going to figure out how I'm going to keep the lights on.

Any help is appreciated

Felics
«13

Comments

  • rich13348
    rich13348 Posts: 840 Forumite
    Seventh Anniversary 500 Posts Combo Breaker
    Speak to a lawyer or citizens advice you need professional advice.
  • Nodding_Donkey
    Nodding_Donkey Posts: 2,738 Forumite
    Ninth Anniversary 1,000 Posts
    Do NOT speak to Citizens Advice they haven't got a clue.

    You'll get more help on the Parking board. I've asked the Board Gide to move this for you.
  • DoaM
    DoaM Posts: 11,863 Forumite
    10,000 Posts Fifth Anniversary Name Dropper Photogenic
    Actually you'll get best help for Council fines at Pepipoo.

    http://forums.pepipoo.com/index.php?showforum=30
  • peter_the_piper
    peter_the_piper Posts: 30,269 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Council parking is different to private parking. The parking forum on here specialises in private parking questions. Council one are better dealt with by Pepipoo.com. Register on there (DONT use a hotmail address), gmail will work, then post on the Council parking section.
    I'd rather be an Optimist and be proved wrong than a Pessimist and be proved right.
  • AdrianC
    AdrianC Posts: 42,189 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper
    Felics wrote: »
    Back on 29/09/2016 I was issued a PCN (due to being parked in a residents parking area - contravention 12). I had in fact broken down.

    And you were with the vehicle, which was there for only the bare minimum amount of time to be recovered - right...?
    I sent through a challenge to Lambeth council saying in these mitigating circumstances would the consider cancelling. They wrote back on 17/10/16 saying no.

    Okay... So you then paid it, right?

    Oh, wait.
    I then (on the advice on the back of the correspondence) waited 28 days for the "notice to owner" (NTO) to appear. Life continued and this issue buried itself in the back of my mind.

    "I forgot about it".
    Fast forward to today 07/03/17 and I have Bailiffs? (EQuita - with a capital Q) at my door demanding payment of £513 else the car would be towed. Long story short, they had been appointed by Lambeth Council to collect the fine. Had I been home I wouldn't have paid - but my unfortunately my sister did.

    Look on the bright side - at least that saves you further hassle and expense from incurring further costs before you inevitably eventually pay.
  • Felics
    Felics Posts: 103 Forumite
    Part of the Furniture 10 Posts Name Dropper Combo Breaker
    Yes, didn't pay following initial appeal. (There's a two stage appeals process meaning one more stage 2-1=1). And unfortunately no wasnt something I kept on top off, in hindsight yes should've.

    Well I will definitely fight it even if it does just cause Lambeth more hassle and there's no change in result. (Unfortunately pettiness is my best trait)

    Thanks Peter/DoaM have followed your advice.
  • takman
    takman Posts: 3,876 Forumite
    1,000 Posts Combo Breaker
    Felics wrote: »
    Yes, didn't pay following initial appeal. (There's a two stage appeals process meaning one more stage 2-1=1). And unfortunately no wasnt something I kept on top off, in hindsight yes should've.

    Well I will definitely fight it even if it does just cause Lambeth more hassle and there's no change in result. (Unfortunately pettiness is my best trait)

    Thanks Peter/DoaM have followed your advice.

    If you broke down and just abandoned the car then I can't see what reasoning you are using to say you shouldn't have go the ticket?. If breaking down and leaving the car was a good reason then everyone would use it when they got a ticket!.
  • debtdebt
    debtdebt Posts: 949 Forumite
    I think it's going to cost you even more money to fight it. If it's anything like a normal civil case, you're going to have to make an application to set the judgment aside and the cost of that application alone is £255.
  • DoaM
    DoaM Posts: 11,863 Forumite
    10,000 Posts Fifth Anniversary Name Dropper Photogenic

    I remember watching that when it was aired. :D
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