Unpaid Penalty Charge Notice (parking) and to apply 4 BC Now

iyanu · Post by **iyanu** » Fri Dec 03, 2010 3:50 am

Hi Guys, How am I affected here?

I have just found out that I have unpaid parking penalty charge notice against me and bailiff has already been ordered by court (Northampton County Court) to collect the money. And I have a NCS appointment this morning...Do I declare It in my AN form or I should not apply at all for now.

is this a CCJ?

I did not know about this penalty stuff, I have moved house early in January this year and I have also sold this car late last year. I just received all these letters from my old apartment and I got this already issued against me March this year.

And I have already booked appointment with NCS this morning, do you think I should still apply for BC or I should simply declare it?

Post by **John** » Fri Dec 03, 2010 7:43 am

So was it you that parked the car, that led to that indebtedness? And when you sold the car, did you successfully transfer registered ownership to the purchaser?

NCS today? A tough call .... probably best to postpone ... until you get this sorted out.

iyanu · Post by **iyanu** » Fri Dec 03, 2010 7:50 am

Yes John I did park the Car and as at that time things happened so quickly that I was caught up in all these situations towards the end of last year that led to many things..made redundant, family issues, had to be forced to leave my apartment and I was not in a position to deal with most of these stuffs that were hitting me...I will PM you John for further explanation.

Don't you think if I just declare it ..that will be OK...as it has been shown on this board that CCJ really do not affect BC application per se, especially if they are declared?

Post by **John** » Fri Dec 03, 2010 8:08 am

Are you able to clear the debt? To satisfy the CCJ? If so why not do that, and then apply for Naturalisation.

If you can only do one thing at the moment .... afford to pay off the CCJ .... or .... apply for Naturalisation .... it would be clearly wrong in my opinion not to clear the CCJ.

iyanu · Post by **iyanu** » Fri Dec 03, 2010 8:16 am

OK...Will it be also alright if I agreed a payment arrangement with the bailiff as I am aware the debt might have grown since March, which was the initial month of issuance?

Post by **John** » Fri Dec 03, 2010 8:53 am

You are asking for advice. My advice is ... clear the debt totally before applying for Naturalisation. Get your priorities right!

But up to you.

iyanu · Post by **iyanu** » Fri Dec 03, 2010 9:15 am

Thanks John...I have called the bailiffs and I've started payment already this morning. I will delay my application till next yr January or later in the year which ever comes first.

Many thanks!

ukpl · Post by **ukpl** » Fri Dec 03, 2010 10:13 am

Who issued PCN? Was it a real PCN i.e. issued by traffic warden working for council? Not the piece of paper issued by private company - which is not worth the paper it is printed on?
Have you checked your credit file if you have CCJ registered against your name?
Have you received any Court papers?
Is it really bailiff who contacted you? Not debt collector?

PCNs are generally dealt by magistrates not by Bulk Centre in Northampton.
Private debts are dealt in Northampton and if you failed to defend yourself then claimant wins by definition. But it doesn't mean the debt is legit.
I think that you might have been conned.

iyanu · Post by **iyanu** » Fri Dec 03, 2010 1:30 pm

Thanks for your response..UKPL but another situation has arises!

I called the NCS that i will not be able to make it...since I have just found out that bailiffs are after me for unpaid Parking PCN...well I was advice that I will loose my Â£50.00 If I failed to turn up and I said I don't mind to loose it.

But the lady at the other end (who later happened to be the person that checked my papers) advices me that I should come down and that she would call UKBA and asked every question and if I could applied they will tell us and if not at least I have benefited by talking directly with the Home Office and that way I know better what to do next, so I agreed.

When I got there she checked all my documents, which are OK and then asked about my queries...

1. FPN - 3 points on my driver license: She asked of the counterpart driver license paper and checked that it is only 3 points.

2. CCJ - Yes I have 2 different parking PCNs on my former car late last year and the Local councils involved have passed these to bailiffs. I confirmed and its true these are registered against my old address in my name.

So, the NCS worker attending to me made a call to Home Office... 'I have a gentleman in front of me with the following issues will it be possible for him to apply?':

1 FPN: the voice at the other end said 'is it just one...no problem...he can apply'

2. CCJ Parking PCN:....'it does not count against him ..he can apply'

Based on the clarity from the HO, the lady agreed to process my application.

So now fingers cross...this will be real life scenario for any one that may find him/her self in exactly same situation.

Personally I think it should be successful from here. Also note that I have started paying the debt with payment arrangement with bailiffs..see I really have genuine grounds to appeal but I am not in the best position even now to do so!

EOS (End of Story)! Thanx.

Post by **John** » Fri Dec 03, 2010 1:38 pm

Well let's hope it does work out, but what I find confusing is this. The Council surely cannot just "send the bailiffs in". What I think they would need to do is to start Court proceedings, and then the Court can order the bailiffs in.

So have you been in touch with the Court? If so, what did they say? Have you got a CCJ?

iyanu · Post by **iyanu** » Fri Dec 03, 2010 1:52 pm

Yes you are right! because they send all these papers to my old address I could not read them but among those I received recently there is a 'Order for recovery of Unpaid PCN (parking) from Traffic Enforcement Centre at N'hampton County Court ordering me to pay by March this year but I did receive this letters until recently...

For the other one PCN I did not receive anything at all..but the bailiff told me they still send a reminder to my old address last week..but i did not receive that either...so it looks like the bailiffs were all ordered from the court.

Post by **John** » Fri Dec 03, 2010 2:05 pm

A further thought,you mention mention "bailiffs", but are they actually "just" debt collectors? I ask because a debt collector could act without getting a Court Order, but would need to get a Court Order to distrain against your goods.

iyanu · Post by **iyanu** » Fri Dec 03, 2010 2:15 pm

OK..part of the statement in the letter read like this '...we have been instructed to enforce the warrant by seizing and selling your goods. To avoid this you have 7 days in which to pay....further enforcement action will begin if the Warrant remains unpaid...'

With the above these are bailiffs...aren't they?

Post by **John** » Fri Dec 03, 2010 2:18 pm

Yes I agree, they are, so was the CCJ entered on the form AN?

iyanu · Post by **iyanu** » Fri Dec 03, 2010 2:32 pm

I already declared it but the lady removed it after the phone call to the HO while checking my AN form..I had another plain 'Good Character' page with me so filled another one. She said that we do not need to declare it.

iyanu · Post by **iyanu** » Mon Dec 06, 2010 2:00 pm

Well today having called the NCS center and they confirmed that my application has not yet been picked up...I was given a second opportunity to add what information I wanted to the application before being picked up by royal Mail.

I have now declared in section 3 page 10 of the new Form AN about my CCJ (Parking Penalty), give name of the councils, state that I am now paying and the reason why I did not receive the initial correspondences before it was transferred to the bailiffs.

I had a 'hard look' at the new Form AN guide where it states in section 3.6 'You must give details of all civil judgments which have resulted in a court order being made against you...'

Although I am not too sure if I need to declare CCJ but because before any Parking penalty can be passed to the Bailiffs for collection there must have been a court judgment...so i thought...it is best to declare as per what the guide says.

So fingers crossed....

iyanu · Post by **iyanu** » Thu Jan 20, 2011 8:15 pm

Today I received my BC Approval letter from HO separately with another letter and a questionnaire from my local council inviting me to swearing in Ceremony by 09/03/2011....but I have now booked private ceremony for 26/01/2011.

From my initial posting above I had 1 FPCN, 2 PCN (Congestion charges) and 2 PCN (Parking Charges) over the last year before submitting my Application in December 2010.

I should state here that in my last post I mentioned that I had CCJs, but when I searched the credit agency databases no CCJ was recorded against my name though there are letters from the Traffic Enforcement Center at Northampton County Court ordering me to pay Bailiffs.

For this reason...I thank God for showing me favours indeed. Shalom...Peace!

Thanks to everyone for your support. This has been a great and invaluable forum.Good luck to all you guys that are expecting.

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Unpaid Penalty Charge Notice (parking) and to apply 4 BC Now

Unpaid Penalty Charge Notice (parking) and to apply 4 BC Now