3. Bailiff - 4 x Marston Notice of Enforcement letters today, No PCN ever received/Bristol CAZ Charges
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H C Andersen

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Re: Bailiff - 4 x Marston Notice of Enforcement letters today, No PCN ever received/Bristol CAZ Charges
« Reply #60 on: August 02, 2024, 02:54:11 pm »

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

Exactly. But CDER don't know and are acting correctly if they seize it. So either:

It wasn't a proper transaction, ownership has not been transferred and the OP loses their car, at least pro tem, or

It was a proper transaction but the new owner is inconvenienced by losing use of their vehicle until they can prove ownership.

Both of which would be avoided if the OP told the council.

But you recommend that they don't. 

The OP's out it appears, so we may never know the outcome.

Edit: just noticed this on 'dealingwithbailiffs': NEVER ATTEMPT to sell or transfer it[the car] A third party claim will never work. It can only be exported or scrapped.

The OP started as follows:

I am the kind of person who is cooperative with the system when I can be, but this has completely flummoxed me.

But this now appears to have changed to avoidance.
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Pressman

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Re: Bailiff - 4 x Marston Notice of Enforcement letters today, No PCN ever received/Bristol CAZ Charges
« Reply #61 on: August 02, 2024, 03:57:38 pm »
This website aims to assist individuals with traffic infringements. However, the OP's situation could be more challenging as he failed to update his V5 and consequently received numerous PCNs. Unfortunately, appealing these PCNs is not an option since the TEC will reject them due to his failure to update his V5.

The OP is now burdened with a substantial debt that is beyond his means to pay, invoking a sense of empathy in the audience.

Both the council and the bailiffs are in a difficult position, attempting to collect money or assets that the OP simply does not have.

While this website offers extensive expertise on traffic penalties, it is evident that there is a lack of practical advice on bailiff enforcement. The OP, in his quest for actionable information, has found a potential solution here.

There is no need for a hypothetical debate about the car being towed by bailiffs, as that falls outside the scope of this website, which focuses on motoring advice rather than specialised enforcement guidance.
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H C Andersen

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Re: Bailiff - 4 x Marston Notice of Enforcement letters today, No PCN ever received/Bristol CAZ Charges
« Reply #62 on: August 02, 2024, 05:54:08 pm »
Engaging with the council is a must IMO. Instead of thinking how a bailiff may be repelled/avoided etc. (a bailiff who is instructed to pursue each warrant and has no leeway) the OP must see how the council may be persuaded to exercise discretion.

That the OP has a V5C which is out-of-date by 6 years raises all sorts of issues regarding their position IMO, but these are not the issue, it's whether they can either:

Persuade the council to cancel or reduce the outstanding PCNs off their own bat, or
Not to challenge some all of the OP's OOTs.

It is normally the case that unopposed OOTs would be accepted by TEC.

As I understand it, the OP submitted something along the lines of my draft. If they didn't, then engagement is not an option for them and we'll see what transpires. Otherwise await their reply, but chase them before 9th.

As for the car, we've been told it's been sold. Therefore if arm's length the new owner has a problem and the OP has at least £500 to quench the thirst of the bailiffs.
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