Stop parking ticket bailiffs

 

Any of the following

Appeal the Ticket.

Run an Enforcement Compliance check

Pay the council direct and notify the bailiff

Deploy Pay & Reclaim

Immunise your vehicle from ANPR vans

 

 

 

Appeal the ticket

Make a "statutory declaration" (or "stat dec") and a witness statement.

Telephone the Traffic Enforcement Centre (The TEC) on 0300 123 1056 or 01604 619 400 giving the PCN number. If you don't know the PCN number, the bailiff or the council can tell you. Call the bailiff on his mobile and record the call using an app on your mobile.

If the bailiff obfuscates you, then he is concealing it depriving you of your statutory right to appeal the PCN. Contact me, we can do something about it.

 

 

The TEC will send you the forms to complete.

Explain why you think you shouldn’t have to pay. Include any evidence including photographs of parking signs, copies of your permit or ticket and witness statements.

When you have completed the forms, email them back Traffic Enforcement Centre tec.bulkcentre@hmcts.gsi.gov.uk

Enforcement action is suspended by 4pm the business day under Paragraph 8.1 of Practice Direction 75.8

The law says the warrant of execution ceases to have effect and the authority must inform any bailiff instructed to levy execution of the withdrawal of the warrant as soon as possible.

 

NOTE:

This does not apply to Fixed Penalty Notices (FPN's) and Notice of Intended Prosecution (NIP's) - See Stop a Magistrates Courts Fines bailiff

 

If this is a parking ticket on private land, or a private car park, for example, NCP or ACPOA, see Private parking tickets

 

 

Your grounds:

You did not receive a notice to owner (NTO)

Your ticket is not valid

You sold the vehicle and/or recently moved and received a bailiff unexpectedly

The alleged contravention did not occur

If you are outside the time limit to appeal, you can make an Out of Time Statutory Declaration saying why you are late

 

 

If you can't think of any grounds to appeal, then get your PCN and other documents looked at by an expert by posting them the PePiPoo Fightback forums.

Your first appeal is usually rejected. This is commonplace, so you will invariable have to escalate your appeal to a tribunal. In London it is London Tribunals and elsewhere it is the Traffic Penalty Tribunal

 

 

 

Enforcement is not compliant

Enforcement may not comply with the Schedule 12 enforcement procedures. See this checklist

 

 

Pay the council or authority direct

If you pay the sum on the writ to the creditor, then the enforcement power ceases to have effect. The bailiff cannot take control of goods to recover fees.

 

Paragraph 6 of Schedule 12 of the Tribunals, Courts and Enforcement Act 2007 states;

6(1)For the purposes of any enforcement power the property in goods of the debtor ceases to be bound in accordance with this paragraph.

(2)The property in any goods ceases to be bound—

(a)when the goods are sold;

(b)in the case of money used to pay any of the amount outstanding, when it is used.

(3)The property in all goods ceases to be bound when any of these happens—

(a)the amount outstanding is paid, out of the proceeds of sale or otherwise;

(b)the instrument under which the power is exercisable ceases to have effect;

(c)the power ceases to be exercisable for any other reason.

 

 

Paragraph 58 of Schedule 12 of the Tribunals, Courts and Enforcement Act 2007 states;

(1)This paragraph applies where the debtor pays the amount outstanding in full

(a)after the enforcement agent has taken control of goods, and

(b)before they are sold or abandoned.

(2)If the enforcement agent has removed the goods he must as soon as reasonably practicable make them available for collection by the debtor.

(3)No further step may be taken under the enforcement power concerned.

 

 

 

 

 

 

When you pay the creditor before the enforcement agent started any enforcement stage you must notify the bailiff under paragraph 59(2) of Schedule 12 of the Act. It revokes any further fees there forward.

59(1)This paragraph applies if a further step is taken despite paragraph 58(3).

(2)The enforcement agent is not liable unless he had notice, when the step was taken, that the amount outstanding had been paid in full.

(3)Sub-paragraph (2) applies to a related party as to the enforcement agent.

(4)If the step taken is sale of any of the goods the purchaser acquires good title unless, at the time of sale, he or the enforcement agent had notice that the amount outstanding had been paid in full.

(5)A person has notice that the amount outstanding has been paid in full if he would have found it out if he had made reasonable enquiries.

 

 

 

 

 

To avoid doubt.

"Amount Outstanding" in Paragraph 50(3) of Schedule 12 of the Tribunals, Courts and Enforcement Act 2007, says;

 

(3)The amount outstanding is the sum of these

(a)the amount of the debt which remains unpaid (or an amount that the creditor agrees to accept in full satisfaction of the debt);

(b)any amounts recoverable out of proceeds in accordance with regulations under paragraph 62 (costs).

 

 

 

Provided the bailiff has not taken control of any goods, there are no amounts recoverable out of proceeds. That leaves just (a) above, the debt which remains unpaid. These regulations do not add "fees" to the above-mentioned sum.

To take control of goods, the bailiff must perform one of the four steps prescribed in Paragraph 13(1) of Schedule 12 of the Tribunals, Courts and Enforcement Act 2007

 

13(1)To take control of goods an enforcement agent must do one of the following—

(a)secure the goods on the premises on which he finds them;

(b)if he finds them on a highway, secure them on a highway, where he finds them or within a reasonable distance;

(c)remove them and secure them elsewhere;

(d)enter into a controlled goods agreement with the debtor.

 

 

 

 

Paragraph 31 of the Taking Control of Goods: National Standards 2014 states;

Enforcement agents must not seek to enforce the recovery of fees where an enforcement power has ceased to be exercisable.

 

 

Procedure.

Make a cheque payable to the name of the creditor for the amount outstanding, excluding bailiffs fees

Take a photo of the cheque

Enclose a note giving references and what this payment is for

Post it to the creditor by REGISTERED POST, (and if they refuse to sign for it, it proves it reached its destination and the payment was 'tendered')

Send the bailiff company a message by post and by email (template below) and to the bailiff by text message, saying the amount outstanding is paid direct to the creditor. Keep a copy of the message.

Make a file note of everything.

 

 

 

NEVER pay the bailiff otherwise your money goes straight in his pocket under a pretence he "seized" the money as "goods" under paragraph 50(1) of Schedule 12 of the Tribunals, Courts and Enforcement Act 2007 or making a back-dated attendance AFTER the debt is paid and cheating you the enforcement stage fee of £235. That is Advance Fee Fraud.

If the bailiff takes an enforcement step after paying the amount outstanding, then contact me, and I can have a solicitor sue for breach of paragraph 6(3) of Schedule 12 of the Tribunals, Courts and Enforcement Act 2007 under paragraph 66 of that Schedule. Legal fees cost you nothing because the bailiff company is liable on an indemnity basis. He breached a provision in the Schedule 12 enforcement procedure, and they have Professional Indemnity Insurance for this.

 

 

 

Pay & Reclaim.

Pay & Reclaim involves paying the debt to clear it and get the bailiffs off your back, then reclaiming the money from the council through the courts.

 

 

 

Immunise your vehicle

If you don't pay your PCN's, bailiff companies go round in ANPR vans and snatch it off the street if they find it.

Apart from selling it away from London and South East where ANPR is predominant, you can buy a cherish number plate and re-register the vehicle with the DVLA.