Author Topic: Bailiffs. Fine sent to old adress.  (Read 2096 times)

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Bailiffs. Fine sent to old adress.
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Dear all,

I moved house 6 months ago, and have come to know that two separate bailiffs visited my old address to collect £1000 for unpaid fines.
The contravention was no left turn Tilling Road to Brentfield Gardens.
My VRN was not updated yet. Royal Mail redirection was in place but I received not a single letter from Barnet.
On contacting Barnet Council, I have come to find out that there are 7 contraventions for me all the same offence.
I need to apply for PE2/PE3 Out of Time, which can take 2 weeks for a result, but the bailiff has said he will find me and take my car away within that time. The other 5 contraventions are near bailiff stage. I have asked the bailiff to put me on their vulnerable team as I have two young children but so far they have refused. So far I have only spoken over the phone to them and no correspondence has been received.
I am so stressed. If I had received a single fine I would have paid and not made the mistake again. It seems so strange that So many letters from Barnet have not reached my new address but all other correspondence has.
Thank you

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Re: Bailiffs. Fine sent to old adress.
« Reply #1 on: »
What is the address on the logbook.

What is the car VRM (numberplate).

This looks like you should get help from:

https://bailiffadviceonline.co.uk

and maybe Mr Mustard (I think enforcing this location is or was defective).

Re: Bailiffs. Fine sent to old adress.
« Reply #2 on: »
Thank you I will contact Mr Mustard. The logbook address is my old address.
I just need time to get my out of time form processed- and for Barnet Council to put the bailiffs on hold so I can wait for their reply.

Re: Bailiffs. Fine sent to old adress.
« Reply #3 on: »
This doesn't explain why mail redirection didn't work.

What are the contravention dates.

What date of move and what dates redirection in place.

Have you looked at the logbook.

Re: Bailiffs. Fine sent to old adress.
« Reply #4 on: »
I just spoke with Royal Mail- they say that government post does not get redirected! Just returned to sender- ie Barnet. I moved on 29th March and my first contravention date was on 18th April. The redirection date was from April 5th until 04 October. All 2024
Digging out my log book now

Re: Bailiffs. Fine sent to old adress.
« Reply #5 on: »
Quote
I just spoke with Royal Mail- they say that government post does not get redirected!

Can you get that in writing? You paid for redirection?

Re: Bailiffs. Fine sent to old adress.
« Reply #6 on: »
I will call Royal Mail and ask for it in writing.

Re: Bailiffs. Fine sent to old adress.
« Reply #7 on: »
The royal Mail site says here https://www.royalmail.com/d8/help/redirection

"We can’t redirect:
..........
Mail for people who weren’t living at the old address
..........
Any mail the law prohibits us from redirecting. For example we may be required to notify the authorities of Redirection requests for mail relating to government benefits."


Where does the law prohibit redirection of an envelope containing a PCN? I don't see how an envelope containing a statutory notice from a Local Authority is related to government benefits?

Mail from Councils that can't be redirected are usually endorsed as such, are they not? I've never seen a PCN notice that's so endorsed. 

However was the V5c in your name or was it in the name of another family member? I've previously come across redirection fails if say John Smith is on the redirect request and the letter is addressed to his wife, Jane Smith.
« Last Edit: November 09, 2024, 02:14:47 pm by Enceladus »

Re: Bailiffs. Fine sent to old adress.
« Reply #8 on: »

I just need time to get my out of time form processed- and for Barnet Council to put the bailiffs on hold so I can wait for their reply.
That's not something to take lightly. It needs specific focussed content or it is likely to fail.
You need to establish the facts with us here first.

Re: Bailiffs. Fine sent to old adress.
« Reply #9 on: »
My V5c is in my maiden name - the redirect notice was in my married name.
You are right - this may be why my post was not re-directed.

Re: Bailiffs. Fine sent to old adress.
« Reply #10 on: »
Go with this.



Subject: Defective Warrant and Cease and Desist Notice under CPR Rule 6

Dear London Borough of Barnet,

I am writing to urgently address serious procedural deficiencies in the enforcement actions related to multiple Penalty Charge Notices (PCNs) issued for the alleged "no left turn" contravention from Tilling Road to Brentfield Gardens. I believe the Warrant of Control is defective, and procedural breaches render any ongoing enforcement invalid until these issues are resolved immediately.

Incorrect Address on the Warrant: Enforcement actions were directed to my previous address, despite my efforts to update my details and having a Royal Mail redirection in place. This breaches Regulation 8 of The Taking Control of Goods Regulations 2013, which requires enforcement notices to be sent to the "last known address". The failure to verify my address compromises the validity of the Warrant under CPR Rule 83.9.

Absence of Proper Notification: I received no correspondence at my new address. Under Schedule 12 of the Tribunals, Courts and Enforcement Act 2007 and Regulation 3 of The Civil Enforcement of Parking Contraventions (England) General Regulations 2007, notices must be sent to the registered keeper's current address. The lack of notice has obstructed my right to respond, further undermining the legitimacy of enforcement actions.

Repetitive Issuance of PCNs: Seven PCNs were issued for the same offence without prior warning or opportunity for rectification. This breaches the Statutory Guidance for Local Authorities on Civil Enforcement of Parking Contraventions, which advises authorities to inform motorists of recurring offences to avoid a punitive approach. Barnet Council's failure to do so is disproportionate and unfair.

In light of these serious procedural defects, I demand the immediate suspension of all enforcement actions related to these PCNs. I further request an urgent review of the Warrant to verify adherence to statutory regulations. Please provide written confirmation within 7 days outlining the steps Barnet Council will take to achieve full compliance. Additionally, I require a formal cease and desist notice from Barnet Council in writing by 14 November 2024, confirming the suspension of all enforcement actions until these procedural issues are fully resolved. If enforcement proceeds without resolving these statutory breaches, I will be left with no option but to commence formal legal action.

I trust you will treat this matter with the utmost urgency and respond promptly to avoid unnecessary escalation.

Yours sincerely,[Your Full Name]

Re: Bailiffs. Fine sent to old adress.
« Reply #11 on: »
Dear Pressman,
You are very kind to do this for me I am so grateful for your help.
I will send this letter to London Borough of Barnet parking team.
Should I send it via email? I have contacted them before using the enquiry form on their website - but is there a more formal address to send it too? Also, I have already sent Barnet a message via the online website enquiry form asking them to put my case on hold with the bailiffs whilst I organise an PE2/PE3 form - has this ruined my case and made your letter un-sendable?

Re: Bailiffs. Fine sent to old adress.
« Reply #12 on: »
Dear Pressman,
Also I want to clarify one thing, my V5c is still registered to my old address. That is probably why this has happened. Is your letter still valid?
Many thanks again.

Re: Bailiffs. Fine sent to old adress.
« Reply #13 on: »
You will have to put your correct and current address on the Statutory Declaration (PE3) and it's associated Out of Time Application (PE2). It would be illegal not to. The Council will be informed of your application and consequently the updated address. They will no doubt inform their agents, the bailiffs. Even if the bailiffs don't know already.

I would update the V5c with the DVLA now. You can do it online. It won't do you any good to delay.
« Last Edit: November 09, 2024, 05:16:02 pm by Enceladus »

Re: Bailiffs. Fine sent to old adress.
« Reply #14 on: »
I will be using my correct address on the PE2/3 forms and also be updating my V5c this weekend.

Please could you re clarify the following:
If the V5c is in my old address will the council say they tried to contact me at the " last known address"?
You have written in your letter the following:

"This breaches Regulation 8 of The Taking Control of Goods Regulations 2013, which requires enforcement notices to be sent to the "last known address". The failure to verify my address compromises the validity of the Warrant under CPR Rule 83.9."

Does this still apply if they did not have my new address?
I am presuming that the council received all my undelivered post as Royal mail said they could not deliver it.

This seems to be a sticking point.