Free Traffic Legal Advice

Unfortunately,  the Notice of Enforcement from CDER Group does NOT afford you the statutory 7 'Clear Days'.

A bailiff must send a Notice of Enforcement to the debtor seven clear days before taking control of goods (visiting to take goods). ‘Clear days’ do not include the date of issue, (in your case; June 2nd), the date of receipt, Sundays or bank holidays.

PS: There was a Consultation on bailiff enforcement last year and the government sought views on the number of days that must be provided on the NoE.  MOJ have now confirmed that legislation will shortly be amended which will provide (amongst other points) that the 7 'clear days' will be changed to 14 'clear days'.

Bailiff Advice Online

Thanks for all the advice guys, seems there is no get out with the 7 clear days issue, if I agree a payment plan it wont go on my credit file, so yeah if that is the case I will just approach them for a payment plan, cheers

Yes, it is not a personal judgement against you like a CCJ. The only recourse for the bailiff is to take your goods, and they usually go for cars (councils can I think go for property/wage garnishment in extreme cases). I doubt they'll accept a payment plan given that most of the money is owed to TFL.

Cheers guys, I read that they can put a record of the plan on my credit file, but I should have just come here, very helpful, cheers.

They couldnt take a 10k car (for instance) for £325 could they? Surely not..

If you enter into a separate private agreement with a creditor then that's different but I don't know how bailiff companies operate such agreements.

An expensive car is likely to be clamped not removed. Or removed and racking up storage fees but not sold.

Cant even email them, have to call some bloke on his mobile, what a pain in the arse

Hi all, so this escalated quickly !

Thanks for all the help so far but I really messed up this one.

I found an email address and emailed cder on the 11th after taking all of your advice asking them for a payment plan.

On the 16th at 4pm they replied saying they couldnt do that over email and gave me the number of the enforcement agent to call and ask.

On the morning of the 17th at 7am I had a knock at the door from said enforcement agent, Ive  never had anything like this before and was mortified, he was expecting trouble and had his back up from the off, my natural instinct was to kick off but with kids inside and windows twitching I just wanted him gone.

To my horror it had now grown to £560 !!! Jesus christ, to get one letter on the 6th asking for payment within 3 days of £325, to £560 11 later blows my mind.

He turned out to not be a bad bloke I paid him, he showed me a long list of history of my account on his phone and it was total and utter boll..s, it had emails on there that I never received , letters I never received, even a previous visit,  and it stated my address was only updated in May on their records, it was updated a long long time before that as the traffic enforcement centre were writing to me at the correct address months before that.

He said I should fill out forms pe2 and pe3 and he seemed to think I might get most of it back if I do it correctly, he said (once his camera was off) to use words like mental health and depresion. I dont know about that but honesty this letter on the 6th was the first time I had heard from cder so am wondering if i may have a case ?

Incidentally their email with payment receipt went straight to junk.

Thanks, yes I emailed them to arrange a plan and they didnt come back to me until a few hours before he arrived, the timescales they give are pretty ludicrous

I am not really questioning the validity of the pcn anymore but the fact that cder were writing to me and visiting me at the wrong address , clearly tfl had not told them, is pe2 and pe3 only to challenge the actual pcn? Is there no way of trying to get money back ? Not sure why the enforecement agent is telling me to bother then, but they had a long list of apparent contact via email, post and visits which did not happen