The enforcement agents are agents of the council. All matters pertaining to their actions may be taken up with the council.
Any sensible agent would ask their principal about the circumstances which gave rise to a warrant because these can vary e.g. a known person and whereabouts who's exhausted the appeals procedure but refuses to pay to someone about whom the authority know nothing, no response to any notices and, effectively, a warrant issued in default etc. IMO, the agent is under a legal duty to check that the person named in the warrant actually lives at the premises specified. If they don't, then it's reasonable to assume that a NoE would not be served albeit posted.
In your case, you're not a Russian spy and have credit agreements(my reference to this was not in the context of how these might be affected by your situation, rather that your head is above the metaphorical tracing parapet and your correct address could easily be established by the bailiffs) therefore there is no reason, other than idleness, why a NoE was not served on you at your current address. (being forwarded by a third party is not service because this relies upon a legal presumption that service is effected in accordance with the Interpretation Act unless a higher standard is imposed under specific regulations - in short 2 working days after posting by first-class post when correctly addressed to the named person). Yours was not, it was addressed to a property where you do not reside.
They cannot add a sale fee because none of your goods is at the premises on the warrant(are they??) therefore there's nothing to seize or remove and auction.
You must conduct matters in writing pl, even when this confirms telephone calls with named people.
I don't agree with the draft because IMO it doesn't scope the current situation fully.
Re PCN ********
I have become aware that the council have engaged the services of CDER** to enforce a warrant of control against me in respect of a PCN issued by the council on ******. As you are aware, you did not receive any communications from me regarding this PCN because at the time it was issued I was not resident at *****. In fact I moved on ******. Consequently, none of the notices, including the Order for Recovery, was served.
I accept that this was due to the council being advised by DVLA that, as registered keeper, **** was my address for these purposes and I apologise for not keeping these details current. Nonetheless, none of your notices was received and I shall be taking up this matter with the Traffic Enforcement Centre. As a consequence of you not being aware of my correct address, your agent, ****, has similarly not served any of their statutory notices. While I accept that the council are bound to use DVLA data unless notified to the contrary, the same does not apply to your agent who has already attended the wrong property despite them not receiving any response to their wrongly-addressed NoE. Had they undertaken their duties in a diligent manner they would have discovered my present address with ease. I also suspect that they have not made you aware of this issue, which means that the warrant remains defective.
They are seeking to charge me £75 Compliance Fee and £235 Enforcement Fee on the basis of these failings.
..I would end with I am prepared to bring enforcement of the warrant to a conclusion by paying the Compliance Fee on receipt of a NoE addressed to me as follows:
********
********
As regards the underlying PCN, I shall engage with the 'put of time' procedure.
Others will have views.
Should CDER attend your property in the meantime, check their warrant and if defective politely tell them to get this rectified. I would also copy your letter to CDER.
