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Te7 te9 by email

prosodyspeaks
prosodyspeaks Posts: 5 Forumite
Fourth Anniversary
edited 18 March 2018 at 10:34PM in Parking tickets, fines & parking
Hi, thanks for any help you can offer!

I received a pcn (left on van) after oversleeping and failing to move vehicle before parking restrictions became active in the morning.

I made an informal appeal which was rejected. (appeal text below)

I awaited nto planning to either pay £70 at that stage or possibly - after seeking guidance - make a formal challenge to explore the law around tiredness and safety to drive.

In any case I received no NTO, but a high court enforcement officer has now visited the address where the vehicle is registered.

As I understand it I need to complete and return te7 and te9 forms to the TEC in order to force Bristol Council to instruct Court enforcement officers to cease enforcement while they issue an nto and give me opportunity to pay the original penalty and avoid the bailiffs fees?

Does this mean print, complete by hand, scan and email to the TEC? Or is there another legal way to 'sign' the forms?

Should I have received an order for Recovery or something else as well as the nto?

Also, I'm interested in how addresses should be handled by the council, court and enforcement officers - I travel for work and am away from the address at which the vehicle is registered for prolonged periods. My 'home' address is a mail forwarding company - i gave this address when appealing and received my rejection at the same - but enforcement officer has visited address the vehicle is registered to. (Contravention, home and vehicle addresses in 3 different counties). In any case no notice to owner has been received at either address - I can certainly prove as much regarding the address from which I made my appeal (which is also the address on my license to drive) as the forwarding company would have a record, and I am assured by those at the address to which the vehicle is registered that no notice has been received there.

I have contacted the bailiff by text, these messages are below.

Thanks again for any help you can give.

(can't post links, copy paste of bailif text message conversation instead:

"hello. This is (MY NAME) - you attended (ADDRESS) on behalf of Bristol Council. I have not received a notice to owner regarding the pcn you are claiming fees relating to and therefore no enforcement is legally permitted. I am submitting te7 and te9 forms to the TEC and therefore you must cease all enforcement activities. Please acknowledge receipt of this text message and contact me only in written form - by text message at this number or by email at [Removed]. Regards."

Reply:
"payment required in full to avoid any further enforcement action. If you require any information please don't hesitate to contact me via telephone as no more communication will be made by myself via text.

Many thanks
(BAILIF NAME)"

My response
"You are mistaken regarding the law. As I have not received a notice to owner I am not liable for any fees - you will be instructed by Bristol Council to this effect early next week. In any case neither I nor any of my property is at the address you have visited and will not be for many weeks, and so enforcement is not possible at that address. As per this information - which I can prove you have received - if you return to (ADDRESS) you will clearly be acting in bad faith."

Appeal text:
"I arrived in bristol (a city I do not know well) extremely tired after a very long journey and felt unsafe to drive by the time I got to the city. I tried to find somewhere suitable to park the large Luton van and ended up on small streers with barely enough room to avoid a collision with parked cars. Unable to find a suitable space and feeling increasingly unsafe I parked opposite a friend's house with the intention of sleeping a few hours and moving the vehicle when it was safe to do so.

Please note that due to seasonal work i will not be at my home address for some time so any and all communications should be made via phone or email. If any hard copy documentation needs to be sent please give me warning by phone or email so I can arrange for somebody to process it for me..."

Comments

  • Fruitcake
    Fruitcake Posts: 59,417 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    You would be better posting this on pepipoo.com as they are the council parking experts, whereas we tend only to deal with private parking issues here on MSE.

    Sign up to pepipoo using a non-Hotmail address and read the FAQs before posting both sides of your redacted PCN with your query.
    I married my cousin. I had to...
    I don't have a sister. :D
    All my screwdrivers are cordless.
    "You're Safety Is My Primary Concern Dear" - Laks
  • Thanks, I'll post on pepipoo
  • Umkomaas
    Umkomaas Posts: 42,854 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Thanks, I'll post on pepipoo

    Don't use a Hotmail address - it won't work. All others seem to work ok. Good luck.
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    Private Parking Firms - Killing the High Street
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