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#Post#: 36451--------------------------------------------------
Bailiffs involved - 2021 PCN - Goods loading bay - Dartford -
Parking in a Place or Area Not Designated for that Class
DIR By: FaeLLe
Date: September 11, 2024, 9:59 am
---------------------------------------------------------
This PCN from 2021 relates to a ‘parking’ issue in a ‘loading
bay’ where an enforcement officer from Dartford Council issued a
PCN (on behalf of Kent County Council) for parking in a ‘loading
bay’.
ALleged Date of contravention - 25/08/2021
Location of alleged contravention - Hythe Street, Dartford
Alleged contravention - Parking in a Place or Area Not
Designated for that Class of Vehicle
Vehicle Registration - V11KDV
As some of you know from my other posts, my ex removed me from
my house, and despite a ‘Specific Issue Order’ from the Family
Court mandating that they forward me all my mail every week,
they have not complied with this court order.
I provided additional grounds to the Local Authority alongside
my TE9 form in 2023; this can be seen from Page 5 of my TE9 form
HTML https://drive.google.com/file/d/1_kFRhQJJZTyUbFYtui94qoLUoR2tg44j/<br
/>(both 2024 and 2023 submissions had this content).
TEC ORDERS
2023 Order: 19 October 2023
HTML https://drive.google.com/file/d/19i5tGn0WSL4OlVEzw_4OsrR3an7sVM0f/
2024 Order: 01 September 2024
HTML https://drive.google.com/file/d/15t_QBNpKpVx3pXTreF9CD7ToWo23ytdg/
EVENT TIMELINE
[table]
[tr]
[td]25 Aug 2021[/td]
[td]Driver parked at a loading bay to load heavy goods outside
a store.
Parking bay was signed “Goods vehicles loading only Mon - Sat 8
am - 6.30 pm - 1 hour - No return within 1 hour” (sign below).
[/td]
[/tr]
[tr]
[td]25 Aug 2021 (16:33:30)[/td]
[td]Evidence from local authority shows the yellow PCN pouch is
stuck on the vehicle.
The PCN evidence shows that the paper was sticking outside the
pouch, indicating it was not secured correctly.[/td]
[/tr]
[tr]
[td]07 Jul 2023[/td]
[td]Received e-mail from my solicitor’s ex with a copy of a
‘REMOVAL NOTICE’ from Stamford & Green.
Since this was the first time I received a bailiff notice I
freaked out and was shocked that they would clamp my car (as I
parked on the street then).[/td]
[/tr]
[tr]
[td]11 Jul 2023[/td]
[td]After a call to Stamford (between 07 and 11 July 2023), I
received an email with details of PCN.
Before calling the office, I called the enforcement agent, who
fobbed me off and said they don’t need to give me any legal
notices and that I need to stop reading things online (very
unprofessional, confrontational and signed off the call with a
threat)![/td]
[/tr]
[tr]
[td]11 Jul 2023[/td]
[td]I emailed Stamford&Green asking for a copy of the warrant
of control along with other details (copy below).
There has been no further correspondence from Council or
Stamford & Green since my email.
[/td]
[/tr]
[tr]
[td]28 Jul 2023[/td]
[td]TE9 & TE7 form processed by TEC.
[/td]
[/tr]
[tr]
[td]19 Oct 2023[/td]
[td]TEC accepted the statutory declaration and wrote to KENT
COUNTY COUNCIL that the charge certificate should be cancelled.
I did not receive this order because they sent it to the
original address on PCN (not the TEC form).
The order linked below confirms this, as the old address is
listed on it.
[/td]
[/tr]
[tr]
[td]June 2024[/td]
[td]Someone staying at my old address (not the same as the PCN
address) said a bailiff tried to enforce a court order and
provided the PCN’s reference number.
I changed addresses twice since then (to my current address).
[/td]
[/tr]
[tr]
[td]26 June 2024[/td]
[td] After speaking with TEC, The new TE9 and TE7 were
submitted to TEC.
An office address was provided in the form.
[/td]
[/tr]
[tr]
[td]01 Sep 2024[/td]
[td]TEC rejected my declaration and made an order, copy of the
redacted order is linked below as ‘2024 TEC ORDER’.
I had to pay for a copy of this order and noticed that TEC keyed
in my address incorrectly!! After speaking with TEC on the phone
they have now amended my address on their system.
[/td]
[/tr]
[/table]
RELEVANT FILES LINKED TO BELOW
PCN not available.
Sign for bay provided by Dartford Council in PCN evidence
HTML https://drive.google.com/file/d/1qid68tamll99h53LXm7ufMP_h__lksuK/
REDACTED - Notice received by e-mail from solicitors of my Ex -
07 July 2023
HTML https://drive.google.com/file/d/1Uz0G4DUEol9CCW28xYIdDWErn885YcQt/
REDACTED - 2023 - TE7 and TE9 - PCN KD1181477A - KCC vs Vikram
HTML https://drive.google.com/file/d/1MNjur6eQHIpJxPMQwX6LfRVYfCn43wnu/
REDACTED - 10 July 2023 - Email sent by registered keeper -
Stanford and Green PCN KD1181477A
HTML https://drive.google.com/file/d/186m4CdwR2nBCXpf1M7wmX8yRU0DBpfHg/
REDACTED - 26 Jun 2024 - TE7 and TE9 - PCN KD1181477A
HTML https://drive.google.com/file/d/1_kFRhQJJZTyUbFYtui94qoLUoR2tg44j/
Traffic Order effective at the parking bay (when PCN was issued)
HTML https://drive.google.com/file/d/1q4TIxgmOMXB-QhM7k0p4mVP1QMx0PurS/
Kent Vehicle Parking Standards (dated July 2006, this is the
latest version I could find)
HTML https://drive.google.com/file/d/1NeDBUcowCCNCQse5hswVdo6DlNBKre3p/
#Post#: 36453--------------------------------------------------
Re: Bailiffs involved - 2021 PCN - Goods loading bay - Dartford
- Parking in a Place or Area Not Designated for that Cla
DIR By: FaeLLe
Date: September 11, 2024, 10:10 am
---------------------------------------------------------
Parking location of vehicle is shown by the Orange star and
callout text in the image below.
HTML https://i.imgur.com/WdMmQq3.png
#Post#: 36460--------------------------------------------------
Re: Bailiffs involved - 2021 PCN - Goods loading bay - Dartford
- Parking in a Place or Area Not Designated for that Cla
DIR By: Enceladus
Date: September 11, 2024, 10:42 am
---------------------------------------------------------
"01 Sep 2024 TEC rejected my declaration and made an order, copy
of the redacted order is linked below as ‘2024 TEC ORDER’.
I had to pay for a copy of this order and noticed that TEC keyed
in my address incorrectly!! After speaking with TEC on the phone
they have now amended my address on their system."
Where is the TEC order? I don't see it.
Who did you have to pay and how much?
I rather fear you've totally confused the TEC office and the
Council by conflating a challenge against the PCN with a Witness
Statement and an Out of Time application to the TEC. The only
issue the court official is alowed to consider are your reasons
for being late (Out of Time) with your Witness Statement.
You may have to make an N244 application to have the TEC refusal
reviewd by a district judge. And there is a strict time limit to
get that submitted. It might not be financially worth it.
How much does the bailiff want? And have ypu ever had a Notice
of Enforcement from the bailiff? I guess not if they don't have
your address?
#Post#: 36462--------------------------------------------------
Re: Bailiffs involved - 2021 PCN - Goods loading bay - Dartford
- Parking in a Place or Area Not Designated for that Cla
DIR By: FaeLLe
Date: September 11, 2024, 10:48 am
---------------------------------------------------------
--- Quote from: Enceladus link ---
>
> "01 Sep 2024 TEC rejected my declaration and made an order,
copy of the redacted order is linked below as ‘2024 TEC ORDER’.
> I had to pay for a copy of this order and noticed that TEC
keyed in my address incorrectly!! After speaking with TEC on the
phone they have now amended my address on their system."
>
> Where is the TEC order? I don't see it.
>
>
>
--- End Quote ---
Paid TEC approx £11 for a copy of an order. I will update post
above with links to orders.
TEC ORDERS
2023 Order: 19 October 2023
HTML https://drive.google.com/file/d/19i5tGn0WSL4OlVEzw_4OsrR3an7sVM0f/
2024 Order: 01 September 2024
HTML https://drive.google.com/file/d/15t_QBNpKpVx3pXTreF9CD7ToWo23ytdg/
--- Quote from: Enceladus link ---
>
> Who did you have to pay and how much?
>
--- End Quote ---
Didnt pay anything yet, amount mentioned below.
--- Quote from: Enceladus link ---
>
> I rather fear you've totally confused the TEC office and the
Council by conflating a challenge against the PCN with a Witness
Statement and an Out of Time application to the TEC. The only
issue the court official is alowed to consider are your reasons
for being late (out of time) with your Witness Statement.
>
--- End Quote ---
You are right, I did share a lot of unnecessary information
alongside the TEC forms.
The intent was (at the time) to get them to (see the sense and)
stop pursuing enforcement once the charge certificate was
cancelled. Based on the latest guidance from this forum, I have
stopped doing that.
--- Quote from: Enceladus link ---
>
> You may have to make an N244 application to have the refusal
reviewd by a district judge. And there is a strict time limit
for that. It might not be financially worth it?
>
--- End Quote ---
I intend to pursue this through an N244...
--- Quote from: Enceladus link ---
>
> How much does the bailiff want? And have ypu ever had a Notice
of Enforcement from the bailiff? I guess not if they don't have
your address?
>
--- End Quote ---
£442 as of last year. Never received anything directly from
Baliff's except the email.
Enforcement agent told me he wont give me anything else.
Apparently, they don't even get the sealed court orders anymore
and receive notification as excel sheet's through a court
interface?
#Post#: 36471--------------------------------------------------
Re: Bailiffs involved - 2021 PCN - Goods loading bay - Dartford
- Parking in a Place or Area Not Designated for that Cla
DIR By: Enceladus
Date: September 11, 2024, 11:24 am
---------------------------------------------------------
The warrant is a Local Authority Warrant of Control. It is
issued by the Council to the Enforcement Agents. The warrant
does not have a physical or printed seal. However the LA can
only issue it when it has been authorised by the TEC.
In so far as I understand the enforcement rules the bailiff has
to provide you with a printed copy of the warrant if you ask for
it, or a copy of the electronic record if you're happy with
that. If the bailiff refuses to give you a copy then it probably
means that the warrant has expired or more likely the warrant is
for a different address.
Where the bailiff attempts to enforce a warrant but you don't
live there, then the bailiff can seek to trace your correct
current address. If this is successful then the Council needs to
apply for the warrant to be re-sealed (re-aurhorised) with the
new address.
By now the Council know your current address because the TEC
will have informed them of the address used on your Out of Time
and Witness Statement forms. You mentioned an office address,
the bailiff can try and enforce there when he has an updated
warrant.
As to an N244 application, the fee for a review by a district
judge is £119 for a hearing on the papers only. And £303 for a
hearing in person. And you won't get the fee refunded even if
you get the case before the adjudicator and win. And given the
complexity of your case I would only recommend the hearing in
person.
You can also get advice from Bailiff Advice Online
HTML https://www.bailiffadviceonline.co.uk
.
#Post#: 36482--------------------------------------------------
Re: Bailiffs involved - 2021 PCN - Goods loading bay - Dartford
- Parking in a Place or Area Not Designated for that Cla
DIR By: ivanleo
Date: September 11, 2024, 12:25 pm
---------------------------------------------------------
--- Quote from: Enceladus link ---
>
> As to an N244 application, the fee for a review by a district
judge is £119 for a hearing on the papers only. And £303 for a
hearing in person. And you won't get the fee refunded even if
you get the case before the adjudicator and win.
>
--- End Quote ---
Any costs orders for the hearing would be awarded by the
district judge, not the adjudicator.
[member=2106]FaeLLe[/member] your deadline to file the completed
N244 application is on Monday, this needs to be dealt with
urgently.
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