3. Bailiff PCN Kingston upon Thames
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Bailiff PCN Kingston upon Thames
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Hi all,

Bailiffs have clamped my vehicle on my drive following a PCN that was issued in 2023.     

Contravention was that I had incorrectly parked in a Blue Badge zone. On FIFE ROAD, KT1 1SU. Code 40. There are no pictures given online.

My understanding was that didn’t received the PCN and I’m in the process of TEC reviewing a TEC 7 and TEC 9.
         
Turns out, I apparently responded to PCN in appeal, with evidence of my blue badge and this was rejected… I’m so confused by this all because I didn’t receive this rejection notice.     

I have called the council to delay the enforcement as I have made application to the TEC and they have dismissed me for now. I’ve asked for a call back.       

I’ve told Marstons Recovery that my vehicle is under a finance agreement and owned by the car company and they have responded with a payment link.         


Please could someone advise me on what to do. This PCN is from a year ago.
     

@cp8759.       

Bailiff PCN Kingston upon Thames
« Last Edit: October 17, 2024, 02:54:58 pm by kellydose »
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Re: Bailiff PCN Kingston upon Thames
« Reply #1 on: »
What's the PCN number and the reg of the car?

And are you the Registered Keeper of the car or is the RK a finance or lease company?

Post up the TE7 out of time. Just obscure your name and address and hold off submitting it until you have had it scrutinised first.
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Re: Bailiff PCN Kingston upon Thames
« Reply #2 on: »
This may be best handled by https://bailiffadviceonline.co.uk

Is it a Mobility car?

Somewhere there is an address, contact detail mistake. 
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Re: Bailiff PCN Kingston upon Thames
« Reply #3 on: »
Was your Blue Badge on display in the car at the time it was clamped?
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Re: Bailiff PCN Kingston upon Thames
« Reply #4 on: »
Hi all, thanks for the fast replies - I attempted to respond and attach letters but I can’t see this has fed through.

PCN: QT08212054
Reg: LP68UGM

The badge wasn’t on display as vehicle was parked overnight. The appeal was made on the basis that the driver couldn’t reach the vehicle in time (mobility).

I am the registered keeper and vehicle isn’t under Mobility.

Rejection letter wasn’t received. All NTO mailed to wrond address. Only the recovery noticed reached me
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Re: Bailiff PCN Kingston upon Thames
« Reply #5 on: »
Is the address on your V5c registration document correct and complete.? That's where the NTO would have been sent.

Did you receive a Notice of Enforcement from the bailiff. Is the address on that correct and current?

And did you receive an Order for Recovery (of unpaid penalty charge)? Is the address on that correct and current.

Your story suggests that the V5c address is out of date.
« Last Edit: October 17, 2024, 04:28:49 pm by Enceladus »
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Re: Bailiff PCN Kingston upon Thames
« Reply #6 on: »
What type of finance is the car on? Most lease contracts mean the lease company is the keeper.

If you have the V5C logbook go and look at the address on it now.

Here's the timeline of this sad story:

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Re: Bailiff PCN Kingston upon Thames
« Reply #7 on: »
Hi both,

@stamfordman it’s a very bleak timeline at that  :-\

I will have to check on the V5c. However I did receive the Enforcement notice to the correct address.

I don’t believe I have received an order of recovery. Just had the bailiff arrive spontaneously, I wasn’t expecting it.

The vehicle is on a PCP.

Do I have a case to get out of this at all?
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Re: Bailiff PCN Kingston upon Thames
« Reply #8 on: »
Under the Personal Contract Purchase (PCP) agreement, the vehicle in question does not legally belong to you. This means you are not required to file a TE9 form.

You have the right to apply to the court for the vehicle's release, citing a breach of Paragraph 10, Schedule 12 of the Tribunals, Courts and Enforcement Act 2007. This paragraph specifies that a bailiff may only take control of goods that belong to the debtor.

For further guidance, search online for "bailiffs clamped vehicle on finance" to explore available remedies.


StamfordMan, your referral needs diligence.

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Re: Bailiff PCN Kingston upon Thames
« Reply #9 on: »
Quote from: Pressman on October 17, 2024, 09:58:00 pm
StamfordMan, your referral needs diligence.

??
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Re: Bailiff PCN Kingston upon Thames
« Reply #10 on: »
@Pressman I look into those threads.

If they do cooperate under that basis, it’ll be some days and they’d still request payment right?

Does this leave me open to them trying to enter my home?
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Re: Bailiff PCN Kingston upon Thames
« Reply #11 on: »
The bailiff can't seize property that your don't own. Nor can the bailiff clamp or seize a car that has a Blue Badge displayed. As I understand your earlier post the BB was not on display when the car was clamped? Nonetheless I would be tempted to put your BB on display on the dashboard and take some pictures of it. See what others have to say about doing so.

Inform the Council that their agents, acting on the Council's authority, have illegally clamped a vehicle which is not your property and is subject to an ongoing Personal Contract Purchase agreement. Tell them that you are also a Blue Badge holder and include a copy of both sides of the badge and the PCP agreement. Demand that they release the vehicle. Copy Marstons if you wish.

The Order for Recovery is dated 22/04/2024, the warrant was authorised 05/06/2024 and we are now mid October. That suggests to me that the documents were posted to another address, Marstons found they couldn't enforce so they traced you to your current address. The should have informed the Council who would have applied to have the warrant re-sealed (reissued) to your current address.

The only issue the court will be concerned with on your Out of Time is why you are late with your Witness Statement. So please find the V5c for your car and check the address of the RK.

However neglecting to update the RK address is not going to cut it.

Have you submitted an Out Of Time application and Witness Statement to the TEC as yet?

And as per @stamfordman I suggest that you seek help from Bailiff Advice Online.

 
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Re: Bailiff PCN Kingston upon Thames
« Reply #12 on: »
OP, you posted:

I am the registered keeper and vehicle isn’t under Mobility.

Rejection letter wasn’t received. All NTO mailed to wrond address. Only the recovery noticed reached me.

However, for the VRM you provided gov.uk gives the following for the V5C for your Mercedes:

Date of last V5C (logbook) issued 27 April 2021

So either the V5C has been out of date for some time(contravention 2023) or it's correct.

You received the Notice of Enforcement but have not indicated that you dealt with this and in consequence your debt has more than doubled (£235 added) and bailiffs have clamped your car which they are entitled to do. They must also check its finance status.

All your communications must be in writing, not verbal, otherwise you do not have a record.

For me the two most urgent outstanding requests from previous posts are:

Does the V5C which you hold have your correct address or not and in either case when was it last amended?

If you have submitted an out-of-time application pl post this and the witness statement.

And in response to your question 'Does this leave me open to them trying to enter my home?'.

Yes. Whether the bailiffs have to unclamp your car doesn't make matters go away(although you could rattle the council's cage about wrongful actions etc. etc, I take no position on this because I don't think we have enough info)). While the warrant remains in force against your address then the bailiffs have a duty to try and execute.
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Re: Bailiff PCN Kingston upon Thames
« Reply #13 on: »
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Re: Bailiff PCN Kingston upon Thames
« Reply #14 on: »
Sorry, I am really struggling to upload/embed photos.

The V5C hasn’t been updated.

On the Enforcement notice, I called Marston about my OOT application but I didn’t email so no proof apart from my call log.

I have attempted to attach the TEC forms and honestly one is unsigned, which is a mistake, and therefore I’ll expect this to be rejected.

I will email Kingston council this evening per @Enceladus message.

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« Last Edit: October 18, 2024, 08:09:09 pm by kellydose »
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