Others will provide input on addressing the traffic contravention directly.
From a legal enforcement perspective, it is important to note that any enforcement action concerning the vehicle is ineffective, as you have already sold it. Under paragraph 18(a)(1)(d) of Schedule 12 of the Tribunals, Courts and Enforcement Act 2007, bailiffs are prohibited from using force to gain entry to a residential property when recovering unpaid traffic contravention debts.
It's important to be aware of a potential vulnerability. If you own another vehicle outright and park it outside your property, it could become an easy target for enforcement actions.
While this letter raises certain issues, it is not a statutory notice. Despite being contractually authorised to recover debts on behalf of the local authority, the company in question lacks the statutory power to enforce the warrant of control. Such authority is explicitly reserved for individuals holding an enforcement certificate, as section 63 of the Tribunals, Courts and Enforcement Act 2007 outlines.
Technically speaking, the demand letter requests £190, which includes a £75 compliance fee. If you pay the £115 balance directly to the limited company, the enforcement power would no longer be exercisable under paragraph 6 of Schedule 12 of the same Act.
The bailiff company may misleadingly argue that they have a statutory right to allocate the payment between themselves and the council, citing regulation 13 of the Taking Control of Goods (Fees) Regulations 2014. However, this position is legally flawed.
By applying for a fee assessment under Civil Procedure Rule 84.16, you will clarify that Regulation 3 of the 2014 Fees Regulations exclusively reserves the statutory fee structure for enforcement agents. Importantly, such authority is granted solely to individuals certificated under section 63 of the Tribunals, Courts and Enforcement Act 2007. This process ensures transparency and reinforces enforcement fees' legal boundaries, safeguarding your position while promoting accountability.
You can pay the £215 directly to the council and provide formal written notice to the limited company, confirming that the debt has been settled per the Warrant of Control. As per paragraph 59 of Schedule 12 of the Tribunals, Courts and Enforcement Act 2007, the enforcement agent bears liability should they proceed with any enforcement action linked to a no longer enforceable Warrant. This approach safeguards your position and ensures compliance with the law, preventing unnecessary enforcement steps.