Parking ticket for company car handed back two years ago
Discussion
Just received a notice of enforcement to for £180 relating to a parking ticket. The registration number relates to a company car I had with a company I left over two years ago. I have no knowledge of a parking ticket and they do not state when it was issued. This vehicle was passed onto another staff member when I returned it. We moved house out of the area more than a year ago and I'm guessing that any notice that they were applying for enforcement went to that property. I emailed the following.
I've just received a letter regarding a parking ticket for vehicle reg FP64XCR. I have no knowledge of a ticket prior to this letter. I am not the registered keeper or owner of this vehicle. I do not have access to this vehicle. I wasn't given any notice of an application for a judgement order and as a result didn't have an opportunity to make representations to the court in my defence. I dispute this debt.
and received this in reply.
GROUNDS TO DISPUTE DISTRESS WARRANT ARE LIMITED AT THIS STAGE
Dear Mr
Re: Penalty Charge Notice due to Somerset County Council
We note that you feel that you do not owe the Penalty Charge Notice that is subject of the Warrant of Control we seek to enforce.
The Council will not normally withdraw a Warrant of Control unless a valid witness statement is made and this will only normally be accepted if made within 21 days of the service of the Order of Recovery. They have not informed us that such a witness statement has been accepted, therefore we must continue.
Even if you are within the time limit, there are only four grounds on which a witness statement can be validly accepted. They are:
1. You did not receive the Notice to Owner.
2. You made representations to the local authority about the penalty charge within 28 days of service of the Notice to Owner and did not receive a rejection notice. 3. You appealed to the traffic adjudicator against the local authority's decision to reject your representations but received no response to that appeal. 4. The Penalty Charge Notice has been paid in full.
Please note that our action will proceed in 7 days unless the council dire
If it was when I had the car then fair do's. However it is pretty likely its got nothing to do with me. The bailiffs aren't going to point me in the right direction. How do I go about disputing the ticket at this stage? any advice would be appreciated.
I've just received a letter regarding a parking ticket for vehicle reg FP64XCR. I have no knowledge of a ticket prior to this letter. I am not the registered keeper or owner of this vehicle. I do not have access to this vehicle. I wasn't given any notice of an application for a judgement order and as a result didn't have an opportunity to make representations to the court in my defence. I dispute this debt.
and received this in reply.
GROUNDS TO DISPUTE DISTRESS WARRANT ARE LIMITED AT THIS STAGE
Dear Mr
Re: Penalty Charge Notice due to Somerset County Council
We note that you feel that you do not owe the Penalty Charge Notice that is subject of the Warrant of Control we seek to enforce.
The Council will not normally withdraw a Warrant of Control unless a valid witness statement is made and this will only normally be accepted if made within 21 days of the service of the Order of Recovery. They have not informed us that such a witness statement has been accepted, therefore we must continue.
Even if you are within the time limit, there are only four grounds on which a witness statement can be validly accepted. They are:
1. You did not receive the Notice to Owner.
2. You made representations to the local authority about the penalty charge within 28 days of service of the Notice to Owner and did not receive a rejection notice. 3. You appealed to the traffic adjudicator against the local authority's decision to reject your representations but received no response to that appeal. 4. The Penalty Charge Notice has been paid in full.
Please note that our action will proceed in 7 days unless the council dire
If it was when I had the car then fair do's. However it is pretty likely its got nothing to do with me. The bailiffs aren't going to point me in the right direction. How do I go about disputing the ticket at this stage? any advice would be appreciated.
On your order of Recovery you will only have limited grounds for appeal, and it will most likely need to be completed as a Statutory Declaration to be countersigned in front of a court clerk of solictor.
Your answer will be "1. You did not receive the Notice to Owner.", and once signed it is sent to tec@hmcts.gsi.gov.uk with the PCN Number and reg as a subject.
I would also enclose a covering letter explaining the situation, and any proof that you left the company on whatever date - P45, or any letter from them. Ordinarily the PCN will be reverted back to the original value of £80 or whatever, but in this instance it does need to revert right back to who it was originally issued to.
I don't have much experience of dealing direct with Somerset County Council, but most outside of London that I have dealt with are happy to talk to someone genuine who isn't shouting r screaming at them!
I also find it is better to ring the Council switchboard and ask for Parking services, than try to use the numbers listed on their website or letters - they are more often than not just recorded messages advising you to write to them or pay the PCN online,
Your answer will be "1. You did not receive the Notice to Owner.", and once signed it is sent to tec@hmcts.gsi.gov.uk with the PCN Number and reg as a subject.
I would also enclose a covering letter explaining the situation, and any proof that you left the company on whatever date - P45, or any letter from them. Ordinarily the PCN will be reverted back to the original value of £80 or whatever, but in this instance it does need to revert right back to who it was originally issued to.
I don't have much experience of dealing direct with Somerset County Council, but most outside of London that I have dealt with are happy to talk to someone genuine who isn't shouting r screaming at them!
I also find it is better to ring the Council switchboard and ask for Parking services, than try to use the numbers listed on their website or letters - they are more often than not just recorded messages advising you to write to them or pay the PCN online,
Edited by S11Steve on Tuesday 14th May 14:54
You need clear and accurate facts on which to base your approach..
The most obvious next step is therefore to talk to the fleet manager for your old company, as they/he/she will have a fie on this and can email you the relevant correspondence around the dates of the offence..
10mins of conversation and effort - max.
smileymikey said:
Thanks for the advice. I've spoken to the council. The ticket was in fairness down to me but I've applied to have them take it back from the bailiffs so that I can pay the original amount.
Last SCC use Ross & Roberts who are a nightmare!Strange most companies I know pay the reduced amount and pursue u!
surveyor_101 said:
smileymikey said:
Thanks for the advice. I've spoken to the council. The ticket was in fairness down to me but I've applied to have them take it back from the bailiffs so that I can pay the original amount.
Last SCC use Ross & Roberts who are a nightmare!Strange most companies I know pay the reduced amount and pursue u!
smileymikey said:
Yes. This company usually do as well. I think it was down to my leaving at around the same time that caused the issue. I'm just keen to keep the communication flowing now to stop it becoming a £500 problem.
On the plus side thats unlikley.Also they have a enforcement period that involves them writing to you with just the court costs and they have to give you something 21 days to make contact. until that phase is past they can't add costs.
As these bandits would have cracked a £60 or £80 fine to £300 as it happened to my friend.
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