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Help please - Enforcement Agent obligations
shopping_mad
Posts: 307 Forumite
I'm hoping I can get some advice on a specific matter in an appeal. When an Enforcement Agent attends to seize a car, following an escalated PCN, it was clamped initially and then a few hours later seized, without ever approaching the property for payment... is there any rules / legalities on if an Agent should seek payment?
Wins since September 2011: Wedding (Worth £3500) :j Bridesmaids Headpiece (Worth £40) National Wedding Show VIP tickets (Worth £70) £100 Shopping vouchers... 
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Comments
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To what extent was the PCN escalated? Did you end up with a CCJ? It has been to Court and you lost and you have not paid?
BBC WatchDog “if you are struggling with an unfair parking charge do get in touch”
Please then tell us here that you have done so.1 -
Well bailiffs can only attend if you lost in court and never paid but they cannot just clamp
Who are the bailiffs and explain the situation that led up to this0 -
PCN incurred in January with the ticket handed to driver, no further paperwork received until April's Order for Recovery, registered keeper acknowledged this and made an appeal on the TE9 due to other factors, next thing they know the car has been seized whilst they were at work (mid June), leading them to log it as stolen with the Police as they'd forgotten about the PCN. Newlyn plc's Agent didn't approach the house for payment (leading to the fees being inflated with storage etc) nor did he put the Inventory through the door - this came through the post 2 days later.
It is a very complex situation with mental health and bereavement (which the council was informed in April), and whilst the issuing council is engaging in discussions with us (I'm acting on their behalf), I still feel that the failings haven't been addressed and apologised for. I believe morally and ethically they haven't acted fairly but I'm trying to establish if legally they have acted correctly - I'm told the Agent has no obligation to approach the house but how is that right?! Surely their aim should be to recover payment, not seize the vehicle and inflate the costs further?!Wins since September 2011: Wedding (Worth £3500) :j Bridesmaids Headpiece (Worth £40) National Wedding Show VIP tickets (Worth £70) £100 Shopping vouchers...
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You will be best served in dealing with bailiffs/enforcement agents by making contact with 'Bailiff Advice Online'. Sheila, who provides this service, has an extremely good reputation for assisting people with bailiff issues.Calls and the email enquiry service are free.Here's your link: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 Street2
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