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Penalty Charge Notice Effects on ILR
Posted: Thu Mar 07, 2013 11:45 pm
by Ferra
Hello All,
I am new to this forum, i hope you all will guide me with your valuable advice.
I am on Tier1 General Visa and will be applying for ILR in June 2013
My concern is i had been issued with 7 penalty notice in 2011 by Council for parking my car on our private driveway. which i never received to my hand.
After one year When i went to apply for car parking permit to council i had been told that i have 7 pending penalties which had been forwarded to Baliff i had to contact them and pay.
Though the penalties were unfair I did pay off one penalty and left the 6 unpaid because the penalties were £ 2000
I disputed with council and baliff nothing materialised.Even today Baliff keep sending the debt letters.
Please advice me if i dont pay them and ignore them will this affect my ILR?
Your valuable replies will be appereciated.
Thank you
Ferra
Re: Penalty Charge Notice Effects on ILR
Posted: Fri Mar 08, 2013 9:29 pm
by sh1981
Ferra wrote:Hello All,
I am new to this forum, i hope you all will guide me with your valuable advice.
I am on Tier1 General Visa and will be applying for ILR in June 2013
My concern is i had been issued with 7 penalty notice in 2011 by Council for parking my car on our private driveway. which i never received to my hand.
After one year When i went to apply for car parking permit to council i had been told that i have 7 pending penalties which had been forwarded to Baliff i had to contact them and pay.
Though the penalties were unfair I did pay off one penalty and left the 6 unpaid because the penalties were £ 2000
I disputed with council and baliff nothing materialised.Even today Baliff keep sending the debt letters.
Please advice me if i dont pay them and ignore them will this affect my ILR?
Your valuable replies will be appereciated.
Thank you
Ferra
so you arent allowed to park on your own private driveway?
Re: Penalty Charge Notice Effects on ILR
Posted: Fri Mar 08, 2013 9:35 pm
by Gagan1986
Ferra wrote:Hello All,
I am new to this forum, i hope you all will guide me with your valuable advice.
I am on Tier1 General Visa and will be applying for ILR in June 2013
My concern is i had been issued with 7 penalty notice in 2011 by Council for parking my car on our private driveway. which i never received to my hand.
After one year When i went to apply for car parking permit to council i had been told that i have 7 pending penalties which had been forwarded to Baliff i had to contact them and pay.
Though the penalties were unfair I did pay off one penalty and left the 6 unpaid because the penalties were £ 2000
I disputed with council and baliff nothing materialised.Even today Baliff keep sending the debt letters.
Please advice me if i dont pay them and ignore them will this affect my ILR?
Your valuable replies will be appereciated.
Thank you
Ferra
It is not definite to say if it will effect your ILR or not. Though this does not form part of a criminal conviction but the risk factor is there. If you are planning to apply via PEO, book an appointment in Solihull so you don't atleast have a risk factor of losing money as they tend to decide the case before taking the payment. There was a case approved a month back who had a notice from baliff.
Posted: Fri Mar 08, 2013 9:46 pm
by Kevin24
HOpe they will not include New rules,if they were to change the SET O Form format after 06/04/2013.
Posted: Fri Mar 08, 2013 10:03 pm
by Kevin24
Try paying in what ever you can.Surprising Council have fined you for parking on your private drive way.Can't you get some legal advice to write to the council. My sister got fined by the Council for parking her car on the pavement,, for few hours.
Posted: Fri Mar 08, 2013 11:51 pm
by Ferra
Hi
sh1981: The property i rented is a private and it got its own drive but council says it is pavement when i enquired with the landlord he got the private property notice board fixed on the walls since then no Penalties.
I did appealed to council but i was too late and now this had been forwarded to Baliff.
Kevin24 : Is home office going to change the Application form in April ?
Gagan1986: I already started getting letters from baliff and they had sent the removal notice already.
Experts please advice me how to deal with this situation.If decission is not taken probably baliff might go to court. Does any one have any idea ?
I had sold the now the car is not on my name and i am not on the council tax bill.
Please advice
Thank you
Ferra
Posted: Sat Mar 09, 2013 1:38 am
by sh1981
Kevin24 wrote:Try paying in what ever you can.Surprising Council have fined you for parking on your private drive way.Can't you get some legal advice to write to the council. My sister got fined by the Council for parking her car on the pavement,, for few hours.
anyone who parks car on pavement should be BANNED from driving. they have no consideration for disabled.
Posted: Sat Mar 09, 2013 1:40 am
by sh1981
Ferra wrote:Hi
sh1981: The property i rented is a private and it got its own drive but council says it is pavement when i enquired with the landlord he got the private property notice board fixed on the walls since then no Penalties.
I did appealed to council but i was too late and now this had been forwarded to Baliff.
Kevin24 : Is home office going to change the Application form in April ?
Gagan1986: I already started getting letters from baliff and they had sent the removal notice already.
Experts please advice me how to deal with this situation.If decission is not taken probably baliff might go to court. Does any one have any idea ?
I had sold the now the car is not on my name and i am not on the council tax bill.
Please advice
Thank you
Ferra
pay the fine.
does the public have right to use that pavement?
Posted: Sat Mar 09, 2013 2:15 am
by Ferra
Hi sh1981
The drive way is for my flat and there is a drop curve right in front of it.
I had never parked the car on the pavement i have the clear photos of the parked car from the council later on request.
The landlord specifically told me verbally that the parking space belongs to my flat the whole building is owned by one lanad lord.
When i came to know about the penalties i had forwarded them to the landlord and he says throught his agent that your tenancy contract does not say the flat have a allocated parking space but when letting the flat he verbally told me if not i would never have parked my car there.
Any how if i contact baliff and pay off these penalties. Do you think this will not affect my ILR application? these penalties were issued in 2011.
Please advice. Thank you
Ferra
Posted: Sat Mar 09, 2013 2:30 am
by sh1981
Ferra wrote:Hi sh1981
The drive way is for my flat and there is a drop curve right in front of it.
I had never parked the car on the pavement i have the clear photos of the parked car from the council later on request.
The landlord specifically told me verbally that the parking space belongs to my flat the whole building is owned by one lanad lord.
When i came to know about the penalties i had forwarded them to the landlord and he says throught his agent that your tenancy contract does not say the flat have a allocated parking space but when letting the flat he verbally told me if not i would never have parked my car there.
Any how if i contact baliff and pay off these penalties. Do you think this will not affect my ILR application? these penalties were issued in 2011.
Please advice. Thank you
Ferra
does the public have right to use that pavement? yes or no?
you're saying you never parked on the pavement, so what exactly are they fining you for?
panalties have to be paid. if you cannot pay them, go to court i guess and they will make you pay bit by bit.
so if that pavement is private property, can a member of public not use it at all?
ans all above q's.
Posted: Sat Mar 09, 2013 6:39 am
by Gagan1986
You should pay the fine anyway to start with. At least you won't have any thing in arrears when you apply for ILR. Then that means you didn't appear in court and hence not convicted by them for anything.
Posted: Sat Mar 09, 2013 12:44 pm
by Kevin24
Ferra wrote:Hi
sh1981: The property i rented is a private and it got its own drive but council says it is pavement when i enquired with the landlord he got the private property notice board fixed on the walls since then no Penalties.
I did appealed to council but i was too late and now this had been forwarded to Baliff.
Kevin24 : Is home office going to change the Application form in April ?
Gagan1986: I already started getting letters from baliff and they had sent the removal notice already.
Hello! Mate, I do not know whether UKBA are going to change the Set O form from 06/04. Please keep on checking every day until 06/04.
Take this Baliff notice very seriously. A year ago My Neighbour had a visit from the Bailiffs and the Police at 6am,with a removal notice.
Experts please advice me how to deal with this situation.If decission is not taken probably baliff might go to court. Does any one have any idea ?
I had sold the now the car is not on my name and i am not on the council tax bill.
Please advice
Thank you
Ferra
Posted: Sat Mar 09, 2013 1:08 pm
by Ferra
Hi Sh1981
does the public have right to use that pavement? yes or no?
As there is no wall or Poles raised yes public have access to it.
you're saying you never parked on the pavement, so what exactly are they fining you for?
Yes according to the landlord this drive is private drive way ( two car spaces) no outsider is allowed to park there. But according to the council this is not.
Penalties were issued in 2011 and when this issue had been forwarded to landlord he had hired a company in january 2012 to control the parking space and issued the tenants with the parking permit , no parking boards private property boards had been fixed and since then there were no penalties issued by council, if council think it is a public pavement then why did they not issue penalties since january 2012 to date.
panalties have to be paid. if you cannot pay them, go to court i guess and they will make you pay bit by bit.
If i go to court will that will appear on my credit file and will it affect my good character ? will this affect the ILR ?
so if that pavement is private property, can a member of public not use it at all?
Yes, as there are boards fixed on to the wall pavement (Drive way) public is not allowed to park there
if council thinks this is a private drive way then why did they not issue penalties since january 2012 and how did they allow the landlord to fix the Private property no parking sign boards on the Property wall ?
When i approaced the landlord and council to sort out the issue now the landlord turns back and says no one is allowed to park on this parking space as the land lord is to rich he dont bother to resolved the issue with council but left the no parking sign board there. I am left helpless and Baliff is chasing me.
Please Advice. Thank you
Ferra
Posted: Sat Mar 09, 2013 1:54 pm
by Kevin24
My sister got fined because the costly Electricity and Phone Cables running under the pavement could be damaged and blocking people from using the pavement. Even a Solicitor letter appealing against the fine was of no use.She parked on the pavement because there was some road works going on nearby and parked in fron of her house.for a couple of hours. Traffic Warden was on duty very early in the morning at 7am(very unusual),left a penalty notice.
Posted: Sat Mar 09, 2013 4:30 pm
by Ferra
Hi kevin,
In my case the drive way is right in front of the building and there are two car space with turmac different than the Pavement right in front of the building my next door neighbour have parking permission and their neighbour have parking permission. I dont know why ihad been targeted.
Today i spoke to Baliff and they said out of Six penalties five of them had been forwarded back to council and one is with them.
I dont know whom to approach in council they always say i have to right to a particular address and they are not helpful.
Thank you
Ferra
Posted: Sat Mar 09, 2013 5:03 pm
by Kevin24
Ferra wrote:Hi kevin,
In my case the drive way is right in front of the building and there are two car space with turmac different than the Pavement right in front of the building my next door neighbour have parking permission and their neighbour have parking permission. I dont know why ihad been targeted.
Today i spoke to Baliff and they said out of Six penalties five of them had been forwarded back to council and one is with them.
I dont know whom to approach in council they always say i have to right to a particular address and they are not helpful.
Thank you
Ferra
Good you have spoken to the Baliff. Now speak to the council and see what they have to say. Then take Legal advise. They will definitely respond to a Solicitor;s letter. Is there any way if these fines have to be paid,to come to an agreement with the council. Don;t delay,that's all I can say to you. Mentioned as to what happened to my sister;s neighbor.
Posted: Sat Mar 09, 2013 5:23 pm
by Ferra
Hi Kevin24,
I will speak to Council first thing on monday morning and update you all with the situation.
Thank you
Ferra
Posted: Sat Mar 09, 2013 6:27 pm
by Kevin24
Ferra wrote:Hi Kevin24,
I will speak to Council first thing on monday morning and update you all with the situation.
Thank you
Ferra
Please do on Monday.
Posted: Sun Mar 10, 2013 11:27 pm
by sh1981
Kevin24 wrote:My sister got fined because the costly Electricity and Phone Cables running under the pavement could be damaged and blocking people from using the pavement. Even a Solicitor letter appealing against the fine was of no use.She parked on the pavement because there was some road works going on nearby and parked in fron of her house.for a couple of hours. Traffic Warden was on duty very early in the morning at 7am(very unusual),left a penalty notice.
if a wheelchair user was to pass using that pavement, would it be justified? whats wrong is wrong!
Posted: Sun Mar 10, 2013 11:28 pm
by sh1981
Ferra wrote:Hi Sh1981
does the public have right to use that pavement? yes or no?
As there is no wall or Poles raised yes public have access to it.
you're saying you never parked on the pavement, so what exactly are they fining you for?
Yes according to the landlord this drive is private drive way ( two car spaces) no outsider is allowed to park there. But according to the council this is not.
Penalties were issued in 2011 and when this issue had been forwarded to landlord he had hired a company in january 2012 to control the parking space and issued the tenants with the parking permit , no parking boards private property boards had been fixed and since then there were no penalties issued by council, if council think it is a public pavement then why did they not issue penalties since january 2012 to date.
panalties have to be paid. if you cannot pay them, go to court i guess and they will make you pay bit by bit.
If i go to court will that will appear on my credit file and will it affect my good character ? will this affect the ILR ?
so if that pavement is private property, can a member of public not use it at all?
Yes, as there are boards fixed on to the wall pavement (Drive way) public is not allowed to park there
if council thinks this is a private drive way then why did they not issue penalties since january 2012 and how did they allow the landlord to fix the Private property no parking sign boards on the Property wall ?
When i approaced the landlord and council to sort out the issue now the landlord turns back and says no one is allowed to park on this parking space as the land lord is to rich he dont bother to resolved the issue with council but left the no parking sign board there. I am left helpless and Baliff is chasing me.
Please Advice. Thank you
Ferra
judging from what you said, the pavement was for public use until jan 2012 when the owner seeked permissoin from council. therefore you have to pay the fine. if you cant , i think the court makes you pay little by little. had you blocked path of a potential wheelchair user? if so then the fines are just.
Posted: Mon Mar 11, 2013 12:59 am
by Ferra
Hi Sh1981,
If you were in place what you would have done ?
fought with the landlord who is too rich and mislead the tenant or with the council who is being tempermental, issued tickets until january 2012 and there after no tickets. Though the car is parked in the same position and same place.
Also if council think this is a public pavement why council dont issue Penalty to the Landlord for placing the private property no parking signboards on the walls.
If you think the drop curve is for wheel chair users then how come my next door neighbour got the same drop curve and no parking sign board they park their car the same way i park and they dont get any penalties.
There is no justification. I am responsible person i have two kids i can understand the pain of other.
Thank you
Ferra
Posted: Mon Mar 11, 2013 1:21 am
by sh1981
Ferra wrote:Hi Sh1981,
If you were in place what you would have done ?
fought with the landlord who is too rich and mislead the tenant or with the council who is being tempermental, issued tickets until january 2012 and there after no tickets. Though the car is parked in the same position and same place.
Also if council think this is a public pavement why council dont issue Penalty to the Landlord for placing the private property no parking signboards on the walls.
If you think the drop curve is for wheel chair users then how come my next door neighbour got the same drop curve and no parking sign board they park their car the same way i park and they dont get any penalties.
There is no justification. I am responsible person i have two kids i can understand the pain of other.
Thank you
Ferra
ok first of all what is a drop curve?
do you mean a dropped kerb?
sort of like this:
http://basedriveways.co.uk/wp-content/u ... -kerbs.jpg
is that what you mean?
if so, then going by the picture i posted, was your car parked the way the car is parked in the photo? yes or no?
if not, was it actually parked on the dropped kerb, i.e on the pavement? yes / no?
if yes, where would a wheelchair pass from?
if your neighbour does wrong, does that give you the right too?
all im trying to find out first of all is whether or not you restricted the right of way of a wheelchair user. if you did, there is absolutely NO excuse whatsoever. if you didnt then i think you might be able to go to court and perhaps ask them to let you pay bit by bit instead of in one go if you cant manage it.
Posted: Mon Mar 11, 2013 1:31 am
by sh1981
by the way ferra i just realised you have 2 kids. i find it quite ironic that being a mother you should realise that obstructing a pavement would greatly restrict a mum with a pushchair. think about it.
Posted: Mon Mar 11, 2013 1:59 am
by Ferra
Hi Sh1981,
Is there a way i can attach image to this message.
Thank you
Posted: Mon Mar 11, 2013 4:24 am
by sh1981
Ferra wrote:Hi Sh1981,
Is there a way i can attach image to this message.
Thank you
im not sure i think you got to go to a site like picpaste.com and then upload it there n paste the link. i havent done it in a while but i think on picpaste you even had an option to make the photo expire after like 2 days or something. try that out .
