Author Topic: Bailiff chasing a PCN debt for which letters not received  (Read 206 times)

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Bailiff chasing a PCN debt for which letters not received
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Hello.  I would really like some advice on how to best deal with my daughters bailiff situation. She is quite disorganised and didn't change her address with DVLA for quite a while after moving house. She has an ADHD diagnosis which is recognised as a disability and recognised to cause disorganisation.  She has changed the address a few months ago though. She had a phone call from a bailiff telling her that she owns £500 for a PCN for a traffic offence from May last year so nearly year ago and has to pay now.  She has found the original PCN online and it is real.  The letters sent to her previous address were returned to sender so the council and bailiffs must know she never received them.  Bailiff said she is not allowed a payment plan but must pay now in full. This is within the Croydon borough and PCN issued by Croydon. What are her legal rights and what should we do to exercise them please?  Thank you.  LilliI

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Re: Bailiff chasing a PCN debt for which letters not received
« Reply #1 on: »
Not updating one's V5C Registration Certificate for a vehicle is the most common reason we see on here when people start a thread saying bailiffs are demanding money.

However we need some hard data, so please read this and update your thread accordingly: -
https://www.ftla.uk/civil-penalty-charge-notices-(councils-tfl-and-so-on)/read-this-first-before-posting-your-case!-this-section-is-for-council-tfl-dartme/

Only redact name and address from documents that are posted. The enforcement process has run its course, and the only option open to her is to submit an Out-of-Time declaration that she never received the enforcement documents. It would be a Witness Statement or a Statutory Declaration depending on which legislation the PCN was issed under.

It might be prudent to also contact this site for advice: -
www.bailiffadviceonline.co.uk

Re: Bailiff chasing a PCN debt for which letters not received
« Reply #2 on: »
Two separate but linked procedures are in play here:

The PCN
Let's say she didn't receive any of the statutory notices (until we know more we  cannot be precise about which e.g. was it a parking, moving traffic, bus lane contravention etc...). Whichever applies, the last notice would have been an Order for Recovery. Having missed this, then as regards the PCN she(presuming she was the registered keeper) would have to make an Out of Time submission to the Traffic Enforcement Centre, as per Incandescent's post. Likelihood of success very low.

The bailiff
The bailiff's fees dwarf the council's penalty ( probably £310 to bailiff v £205 to council) so if she could avoid a significant part of the £310 she would literally be quids in on the deal.

Ask the bailiff when the Notice of Enforcement was sent and to what address and post the notices as per previous post.