Free Traffic Legal Advice

I have been receiving texts from one source debt for last few weeks. Decided to give them a call, after confirming name, they wanted my address my current address which I mentioned was wrong and it was my previous address which was correct.

It was a PCN from havering council (parking fine, yellow PCNs stuck on my window according to having website images) which occurred 31/08/2023.

My previous address was about 4 years ago when I moved to current.

I do not remember a yellow on stuck on my window and obviously did not receive any correspondence due to it being the wrong address.

What can I do here?

So, when you moved 4 years ago, did you update the address on the V5C Registration Certificate for the car ?

Read this and update your thread accordingly, because without sight of documents we are totally in the dark. Only redact name and address.
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/

Do you have an enforcement notice from the bailiff.
Did you give them your current address.

Until we know the legislation under which the PCN was served, the form of the submission to TEC is not decided.

I don’t have that vehicle anymore and one I have now is on finance

What car you have now is irrelevant, the bailiffs are after money to pay the debt, and if you don't pay can seize goods to sell to generate the money. It is common for cars to be seized as they are fairly easy to find. The fact your car is on finance will not stop them.

My question is still the same - when you moved address did you update the V5C for the vehicle ?

Reason for asking is that the only avenue open to you to revert the matter back to the PCN, is to submit an out-of-time declaration. Whether this is a Witness Statement, or a Statutory Declaration depends on the reason for the PCN and the legislation under which it was served. Parking PCNs are mostly, (may be exclusively) served under the Traffic Management Act and require a Witness Statement.
Any Out-of-Time submission must have a statment from you saying why you are submitting out-of-time.  The TEC court officer will pass the details to the enforcing council who can object to it and normally do so on the basis that they sent all the statutory enforcement documents to the name and address advised by DVLA, (i.e. the name and address on the V5C). If they do this, it is almost inevitable your declaration will be refused.  I'm afraid there is no easy "Get out of jail free" card.

IMO, you have to discover more info if you want advice as to your options.

Your name is on a warrant but the address is incorrect. You need to discover why. We're not talking about ages ago, the relevant issues occurred during the last year. As you now have a different car, then you must have changed cars since Aug. 2023 which means that the previous(possibly still current) company must have had your correct i.e. current address as at Aug. 2023. Therefore we should be able to disregard you moving 4 years ago because it's not relevant. 

You have the PCN number, the bailiff and council. You also know the leasing company concerned.

When did you change your car and are you still with the same leasing company?

Is it the same as your current? If so, ask for copies of the relevant correspondence.
If it's not the same, then you can still ask them if you have contact details, after all you're looking at pretty recent events.

You need documents, not telephone recollections.

As regards your car, if on the highway it may be immobilised unless it's provided by Motobility or displaying a BB.

If your current vehicle is under finance, bailiffs cannot take it, as only the debtor's property is subject to enforcement.

Bailiffs are not permitted to force entry into a residential property to recover a traffic debt, although they may enter through an unlocked door.

The bailiff is seeking your updated address, given that the address tied to the vehicle in question is outdated, and you have indicated that the car is no longer in your possession.

While official guidance suggests completing forms TE9 or PE2, doing so could result in the warrant being re-issued with your current address.
If you file TE9 or PE2, I recommend using a proxy address for your safety and peace of mind.

This information may be relevant to your situation.

https://www.nationalbailiffadvice.uk/Moved-Dont-Want-To-Give-Bailiff-New-Address.html