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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69359
Experience:  Over 5 years in practice
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Re unpaid PCNS. I have just picked up a pile of enforcement

Customer Question

Hello! Re unpaid PCNS. I have just picked up a pile of enforcement letters in my post box inside communal hall area of my building, from Collect Services, purporting to be enforcement notices from 23rd September 2015! It is now 13th October 2015! I have been checking my mail regularly and nothing until today. The last letter is an enforcement notice which states a bailiff came round and that the compliance stage balance was £988 for four PCNs plus an enforcement fee of £235.00. So £1223. !!
Basically the enforcement letter states that bailiff has called at my property to enforce the warrant issue on the authority of the Traffic Enforcement Centre at the county court ( no letters received from them I've checked!!) and that this is in accordance with the TAKING CONTROL OF GOODS ACT 2014!!
Letter ends with warning that if payment not received with re attend with a view to taking control of my goods and removing them for sale at auction. I have been given a no...which I've since called and left message to call me back with the words is this a joke?
My question to you is 1) is this legal? 2) I am willing to fight this in court as I didn't receive any demand for payment by county court, prior to bailiffs trying to take car. 3) can I legally demand they halt any further action until I investigate further with my local council and the traffic enforcement centre. 4) I don't live at the property but rent it out to tenants. Can they legally enter and take their property??
Submitted: 1 year ago.
Category: Law
Expert:  Jo C. replied 1 year ago.
Hi On your specific points 1 Yes. These are enforcement notices. 2 On what basis? Do you deny receiving a fine? If so, do the DVLA have the right address for your vehicle?d 3 No. 4 Yes, if that is the address with the DVLA but they won't do that. Despite their rights and entitlements bailiffs very rarely break into properties. The risks are too great and the gains are fairly low. What they will do is attend and rack up costs in doing so as fees will be added. They on;y need the tenants to tell them where you do live or to acquire it otherwise to track you down. That will happen in the end. Their inteiont will be to seize your car rather than to get into your property. Can I clarify anything for you? Might help if we resolve point 2. Jo
Customer: replied 1 year ago.
Thanks Jo! Re point 2) I didn't ever receive any letters demanding payment of those fines from traffic enforcement centre. I have had problems with my mail in the past as house contains six flats. It could be that someone from another flat has finally put mail in my postbox after picking it up by mistake (remember it is dated 25th sep). Is this point arguable in court? That I am genuinely not receiving mail??? Surely I have to receive something in order to respond? I appreciate this could be a weak argument but I'm sure so many people have been in similar situation. It's whether it stands up in court or not. I'm genuinely furious in that of course I would have avoided bailiff action given the chance!!! Just want to lay my original fine.
Expert:  Jo C. replied 1 year ago.
Were the fines issued to you?
did you receive them upon your car?
Customer: replied 1 year ago.
Yes to me, and I received the fines on my car but there are problems with my mail quite obviously at the address car registered to. I haven't had chance to pay fines before this bailiff action. Seriously I've had problem with receiving mail for couple years now. I think house may have some unscrupulous tenants who just don't put mail in the boxes when come through door? Speculation, but whatever the case I clearly have problem with my mail at this address. Many instances of not ever receiving letters I've waited for etc...
Customer: replied 1 year ago.
In a nutshell - do I have to pay this fine in full or can I argue it down as I genuinely haven't received mail and I have even called up my council in past to complain that this is an ongoing situation
Customer: replied 1 year ago.
can I take this to court or pointless?
Customer: replied 1 year ago.
Ok I will word this differently. Forgive me if I have not been clear. In light of what I have told you so far, do I potentially in your opinion have a case in court should I argue that I have not been given chance to go through various stages of a PCN fine as I have not received crucial demands in the post. It seems rather brutal what is happening right now with bailiffs - considering I genuinely had no traffic enforcement centre demand over these fines. I am an investigative journalist. Not a lawyer - but I will try and see if I can find a way through the law to stand up to these dreadfully bullying tactics carried out by bailiffs. It's not as if it hasn't been noted in the past.
Expert:  Jo C. replied 1 year ago.
Did you pay or appeal when the fines were issued at the PCN stage?
We're all four pcns placed on your car ?
Expert:  Jo C. replied 1 year ago.
You do mean placed on your car rather than just issued by post?
Customer: replied 1 year ago.
All four probably packed on my car? However the usual - forgot about paying fines and nothing received in the post by way of reminder - as money goes up - least of all a county court demand. So yes a fine on car but no follow in post
Expert:  Jo C. replied 1 year ago.
You can always make a statutory declaration to the effect that you didn't get the notice to owner. You are out of time so need to make an out of time stat dec. that should be no problem as you didn't know about this until you got the recent correspondence. Then you need to make an in time stat. Whether that would be accepted depends. You need to explain why it may not have reaches you bearing in mind these were four separate matters. IF it succeeds then it takes the matter back to the PCN stage and you just pay at the lesser rate. I'm offline until about 10 ish tomorrow morning now but I can pick up then if you need to know anything else.
Customer: replied 1 year ago.
Thank you for advice! Xx
Customer: replied 1 year ago.
But in the mean time can the bailiff still visit property and either gain entry or accrue costs for visit.
Expert:  Jo C. replied 1 year ago.
Yes but this can be done very quickly bringing an end to it.

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