Author Topic: Bailiff - 4 x Marston Notice of Enforcement letters today, No PCN ever received/Bristol CAZ Charges  (Read 1287 times)

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stamfordman

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These actions have not been carried out deliberately but because the car in question is not subject to CAZ charges in Bath, where I often visit, nor any other CAZ in the country. I therefor not unreasonably was under the impression that my car was treated similarly in the Bristol CAZ zone.

Bath is a class C CAZ and does not apply to private cars but greater London of course does apply to private cars as does Birmingham, Bristol, and major Scottish cities.
Oxford has a zero emission zone - all have to pay apart from electric vehicles.

H C Andersen

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OP, ownership of the car now is immaterial as regards the scale of your dilemma, but potentially material for the new owner who, if it's parked on the street, could find it clamped with a notice from the enforcement agent on the windscreen.

As I understand it, provided they have reasonable grounds for believing that the car is goods of the debtor then they may clamp an no action may be taken against them in this regard. Provided the new owner can show that there is a bill of sale and that this forms part of a bona fide transaction - possibly evidencing withdrawal of funds - and a certificate of insurance in the new owner's name then all should be fine.

DVLA is a red herring because this is about goods belonging to a person AKA ownership, not who is the registered keeper. As the V5C states clearly, this is not a certificate of ownership.

OP, you might want to advise the council that you have sold the car to **** and they became its owner w.e.f *****.

bingodingo

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I am doing the pen and the sword approach.

Pen:

For each PCN please find out
- the date the order was issued by the TEC?
- what address the order was issued to?
- whether the order was re-issued with a new address and when?


BS50752338
- the date the order was issued by the TEC?
29/8/23
- what address the order was issued to?
previous address in Folkestone
- whether the order was re-issued with a new address and when?
no


BS51402664
- the date the order was issued by the TEC?
27/7/23
- what address the order was issued to?
previous address in Folkestone
- whether the order was re-issued with a new address and when?
no

BS51463733
- the date the order was issued by the TEC?
13/10/23
- what address the order was issued to?
previous address in Folkestone
- whether the order was re-issued with a new address and when?
no

BS52018394
- the date the order was issued by the TEC?
14/12/23
- what address the order was issued to?
previous address in Folkestone
- whether the order was re-issued with a new address and when?
no

BS53084361
- the date the order was issued by the TEC?
9/2/24

- what address the order was issued to?

- whether the order was re-issued with a new address and when?

BS53139805
- the date the order was issued by the TEC?
9/2/24
- what address the order was issued to?
previous address in Folkestone
- whether the order was re-issued with a new address and when?
no

BS53259862
- the date the order was issued by the TEC?
23/2/24
- what address the order was issued to?
previous address in Folkestone
- whether the order was re-issued with a new address and when?
no

BS53986109
- the date the order was issued by the TEC?
15/3/24
- what address the order was issued to?
previous address in Folkestone
- whether the order was re-issued with a new address and when?
no

BS54026076
- the date the order was issued by the TEC?
15/3/24
- what address the order was issued to?
previous address in Folkestone
- whether the order was re-issued with a new address and when?
no

BS54238314
- the date the order was issued by the TEC?
21/3/24
- what address the order was issued to?
previous address in Folkestone
- whether the order was re-issued with a new address and when?
no

BS54977952
- the date the order was issued by the TEC?
30/4/24
- what address the order was issued to?
previous address in Folkestone
- whether the order was re-issued with a new address and when?
no

BS55325560
- the date the order was issued by the TEC?
23/5/24
- what address the order was issued to?
previous address in Folkestone
- whether the order was re-issued with a new address and when?
no

BS55354547
- the date the order was issued by the TEC?
29/5/24
- what address the order was issued to?
previous address in Folkestone
- whether the order was re-issued with a new address and when?
no

BS55784149
- the date the order was issued by the TEC?
21/6/24
- what address the order was issued to?
previous address in Folkestone
- whether the order was re-issued with a new address and when?
no

BS55838372
- the date the order was issued by the TEC?
24/6/24
- what address the order was issued to?
previous address in Folkestone
- whether the order was re-issued with a new address and when?
no

BS55922887
- the date the order was issued by the TEC?
27/6/24
- what address the order was issued to?
previous address in Folkestone
- whether the order was re-issued with a new address and when?
no

BS56219387
- the date the order was issued by the TEC?
10/7/24
- what address the order was issued to?
previous address in Folkestone
- whether the order was re-issued with a new address and when?
no

BS56853779
- the date the order was issued by the TEC?
23/7/24
- what address the order was issued to?
previous address in Folkestone
- whether the order was re-issued with a new address and when?
no

BS56884477
- the date the order was issued by the TEC?
25/7/24
- what address the order was issued to?
previous address in Folkestone
- whether the order was re-issued with a new address and when?
no

BS58279685
no order yet

BS58312361
no order yet

BS58997667
no order yet

BS59024227
no order yet

BS59288706
no order yet

BS59670050
no order yet

BS59707365
no order yet

BS59951220
no order yet

online appeal lodged challenging validity of CAZ re adding subsequent charges:
BS60086527

Will be filling in TE9 and TE7 forms for all the above. Not hopeful but it will slow things down and give me time to get more advice and some help with harassment if needed. Luckily we have an Anarchist group just round the corner. They love this kind of stuff ;)
« Last Edit: August 01, 2024, 03:54:41 pm by bingodingo »

bingodingo

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Sword =====================
Outer door

- dead bolt lock
- latch lock
- chain
- cctv camera
Inner door
- dead bolt lock
- cctv camera
Inside the house
- lounge room door => 2 x padlocks
- bedroom 1 door => 2 x padlocks
- bedroom 2 door => 2 x padlocks

Got the cameras etc off marketplace for £50.
Luckily I worked as a carpenter for a bit so this is all gonna be donkey work over the weekend.

We will not be the low hanging fruit.
« Last Edit: August 01, 2024, 11:50:25 am by bingodingo »

H C Andersen

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Whether warrants have been made out to your current address is immaterial as regards TEC. All they want to know is why you should be permitted to submit Statutory Declarations late.

online appeal lodged challenging validity of CAZ re adding subsequent charges:
will be disregarded by the authority as they are entitled to do unless BS60086527 is in time. And what has the validity of the order got to do with matters? IMO, the order is fine, it's just not been implemented correctly which is a different matter.

Don't rattle the authority's cage, IMO you have NOTHING to gain by doing so. You want them to exercise discretion and are wrongly casting them in the role of the bad guys.

Why?

Until you engage(which hopefully you've done now) it's a machine as in a vehicle drives into the zone and is clocked by a camera = automatic check on its status and if non-compliant a PCN is issued.

There's nothing personal about this.

If you p*** them off then someone could well decide to ignore your pleas, arrange for the address on the warrant to be corrected and carry on. Others might know this but as your combined debts exceed the High Court writ threshold they could even escalate the matter.

If bailiffs attend your property then deal with them civilly e.g. may I see the warrant(s) being enforced...I note that they do not have this address on them, sorry but I cannot help you. Good afternoon.

You might want to invest in a video door bell, or perhaps you already have one.

Anyway, the authority should respond to you soon given the trigger date of 9 Aug.
« Last Edit: August 01, 2024, 12:59:54 pm by H C Andersen »

stamfordman

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Others may have come across it but I've never seen any cases where a bailiff has entered a home to take goods for PCNs - they are mainly interested in cars. In any case what can they take that's worth anything? You may have a valuable hifi or something like that of course. 
It's true that in extreme cases councils can apply for an attachment of earnings but I don't think we've seen that either.

Enceladus

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« Last Edit: August 01, 2024, 03:10:58 pm by Enceladus »

Neil B

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BS58279685
no warrant yet

BS58312361
no warrant yet

BS58997667
no warrant yet

BS59024227
no warrant yet

BS59288706
no warrant yet

BS59670050
no warrant yet

BS59707365
no warrant yet

BS59951220
no warrant yet

online appeal lodged challenging validity of CAZ re adding subsequent charges:
BS60086527

Will be filling in TE9 and TE7 forms for all the above. Not hopeful but it will slow things down and give me time to get more advice and some help with harassment if needed. Luckily we have an Anarchist group just round the corner. They love this kind of stuff ;)
Back to basics.
Wrong info.
What you want to know from TEC is whether for those ones you are still in time to make 'in time' applications, i.e. TE9s without TE7s

H C Andersen

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OP, you are confusing terms and potentially misleading everyone.

A warrant...is a warrant, it is NOT an Order for Recovery.

You can only submit a witness statement/statutory declaration in respect of an Order for Recovery, not a warrant.

So before you possibly go off in the wrong direction, pl review and amend your list as necessary.

Pressman

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That degree of security seems excessive; I advise against padlocking internal doors. Adequate home security measures and a video doorbell app should suffice as long as you refrain from opening the door to anyone who arrives unannounced or appears suspicious.

Filing a TE9 might reveal your new address, and Bristol could issue a new warrant, leaving you in the same predicament, but this time with a valid warrant for your current address.

Simply put, if you lack the money, there is little a bailiff can do about it. Focus on moving forward and upwards.
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Enceladus

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That degree of security seems excessive; I advise against padlocking internal doors. Adequate home security measures and a video doorbell app should suffice as long as you refrain from opening the door to anyone who arrives unannounced or appears suspicious.

Filing a TE9 might reveal your new address, and Bristol could issue a new warrant, leaving you in the same predicament, but this time with a valid warrant for your current address.

Simply put, if you lack the money, there is little a bailiff can do about it. Focus on moving forward and upwards.

The bailiff's clearly know the current address. They've already served four compliance stage notices of enforcement on the OP at his current address. Whether they had a lawful warrant to do so is a separate issue. According to the OP the TEC say that the warrants were for a Folkestone address.

By now they will have informed the Council, of the correct and current address, who will apply for new warrants at the current address. If they haven't already done so.
« Last Edit: August 01, 2024, 08:49:35 pm by Enceladus »

Pressman

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Given the OP’s substantial traffic debt and their lack of available funds or assets, any debate regarding the validity of the council's warrant is purely academic.

H C Andersen

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Given the OP’s substantial traffic debt and their lack of available funds or assets,

..so the OP would have us believe. No-one knows the true situation except the OP..and the council soon.

So your advice to the OP when the council get back to them is what, say Tango Sierra, I'm a person of straw and you can whistle for your money?

It's almost a pauper's charter to break the decriminalised law.

OP, and the person to whom we're led to believe you sold the car (which the council believe is your property by virtue of you being the RK)? Have you told them?

Have you told the council?

Pressman

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So your advice to the OP when the council get back to them is what, say Tango Sierra, I'm a person of straw and you can whistle for your money?

I would not do that.




OP, and the person to whom we're led to believe you sold the car (which the council believe is your property by virtue of you being the RK)? Have you told them?

According to the regulations you referenced, the new owner does not gain ownership of the car unless they purchased it in good faith.




Have you told the council?

I would not do that either.

bingodingo

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This is only here for future victims:

I have had good advice from https://www.dealingwithbailiffs.co.uk/

Not sure everyone on here is truly out to help you.

Jason at the above website has been very good.

Unsubscribed.