Author Topic: County court judgement but no letters - Bailiff  (Read 2246 times)

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Re: County court judgement but no letters - Bailiff
« Reply #15 on: »
Thank you NeilB

I think this must be the earlier PCN that I spoke of and hopefully the PCN will now have been reset as requested in my PE3 and I can now pay or dispute as appropriate. Of course I will update this if and when I receive it.

Re: County court judgement but no letters - Bailiff
« Reply #16 on: »
The 18th of April PCN, the earlier PCN being pursued by the bailiff is for "Stopped on a pedestrian crossing or crossing area marked by zigzags".

Be aware that unless things have changed this contravention can also be enforced by the Police. In which case you'd get a Fixed Penalty Notice and three points on your license. So I suggest you don't do it again.

Somehow lost in the post in less than five months are:
2 x Postal PCNs,
2 x Charge Certificates,
1 x Order for Recovery,
1 x Bailiff Notice of Enforcement.

All that is a symptom of an incorrect address. Have you phoned the TEC and asked for for the addresses registered with them for the Orders for Recovery? Especially the house number and the postcode.

I'd also check your driving record with the DVLA and make sure you haven't had any points added that you don't know about. You can do this online.
« Last Edit: September 25, 2023, 01:41:37 pm by Enceladus »

Re: County court judgement but no letters - Bailiff
« Reply #17 on: »
Just to recap as perhaps I have not made it clear enough.

My original message said.

Hi everyone I have a problem arising from TFL and the Northampton Count Court that I am sure someone has already experienced. With absolutely no prior notice or warning I had bailiff's turn up at my house yesterday. I was not at home but I spoke to the bailiff n the phone and he supplied me basic details of the "court order" this was the PCN ref, vehicle reg, location and date. When I checked these out sure enough it was for a PCN on a vehicle I own but issued from a CCTV image. This was on 18 April 2023 and I definitely did not receive a PCN nor did I receive any further reminders, charge notices etc. During this time I have received post from the Royal Mail. The vehicle was registered to me with the correct name and address and I checked this with TFL. Further to this I did not receive any letters from Northampton court not one. Also the bailiff claims to have sent me a letter dated 21 August 2023 that they charged me £75 for and that also never arrived. I am at a complete loss to explain this situation and none of the organizations involved are interested in helping. It is unfortunately too late to avoid paying this judgement but I wanted to understand how this can be legal. If I had a chance to pay the original fine it would have been £80 but through no fault of mine it rose to £560. Please let me know your thoughts.


I owned this vehicle at the time of the PCN.
I was not the driver of this vehicle at the time of the PCN.
The vehicle was registered to me at my current address and that address was on the V5
I sold the vehicle at the beginning of August and had a receipt from the DVLA to confirm.
I NEVER RECEIVED ANY LETTERS WHATSOEVER REGARDING THIS NO MATTER HOW UNLIKELY THIS MAY SEEM.
The bailiff quite clearly had my correct address.
Phoning the TEC is almost impossible unless you take a day off work.


Re: County court judgement but no letters - Bailiff
« Reply #18 on: »
THe only thing you have not done is check with the DVLA what address was on the V5 when you owned it.  At the moment, it is scarcely credible that you have failed to receive six separate letters all sent at intervals to an address that would have originally been obtained from the DVLA keeper details for the car.

My view is that your chances of getting an Out-of-Time Statutory Declaration accepted by TEC are nil, unless you can prove the address recorded on your V5 at the time of the contravention was correct.

Re: County court judgement but no letters - Bailiff
« Reply #19 on: »
Thanks for the reply, the details on the V5 were 100% accurate I had the V5 in my name and address from January 2021 until August 2023. I still have a copy of the V5 and I also have the notification of sale from the DVLA. There are 2 PCN's and in both cases I never received the original PCN or any following letters but on the PCN of 25 May I did receive the order for recovery which first alerted me to the problem, the second PCN was dated 18 April and the first I knew anything about it was when bailiff's turned up at my home 0n 20 September. I have had perhaps over 50 dealings with TFL for vehicles I own and were registered with me over the last 6 years and in every case the letters arrived and were dealt with.

Re: County court judgement but no letters - Bailiff
« Reply #20 on: »
OK, the address was correct !!  You'll need to put chapter and verse on this issue in any submission to you make to TEC. TfL can object to it, so I suggest you also include details of your contacts with them to discuss the address issue.

Re: County court judgement but no letters - Bailiff
« Reply #21 on: »
It is unfortunately too late to avoid paying this judgement
No, it's not too late to seek a refund but you will need something to say on the TE7 form.
You are not giving us anything.

Re: County court judgement but no letters - Bailiff
« Reply #22 on: »
Unfortunately I do not have anything to give you as I can ever prove that the letters did not arrive. I could scan and post the 50 or so PCN letters that I have had previously but that still would not prove anything. The sworn oaths that I have made are PE3 and not PE7. During the last few days I have been communication with my MP and I have just received a letter from him promising to take this up with the minister responsible in the government and I am going to shake a lot more trees in the next few weeks.

The letter said...

Thank you for following up regarding requirements for organisations to ensure individuals being pursued for Penalty Charge Notice or bailiff payments are correctly notified that such funds are being chased up.

What I will do is write to the Secretary of State for Justice, Rt Hon Alex Chalk MP, to highlight the experiences you have outlined, including your suggestion of the compulsory use of registered post for such written correspondence.

When my office receives a response I will of course share this with you.

I will of course keep you updated.


Re: County court judgement but no letters - Bailiff
« Reply #23 on: »
The sworn oaths that I have made are PE3 and not PE7.
Enceladus has highlighted that the bailiff issue concerned a parking issue, so that one requires forms TE9 and TE7 in order to seek a refund. They are slightly easier in that they do not need swearing/witnessing ----- but you still have nothing to offer for the TE7.

Re: County court judgement but no letters - Bailiff
« Reply #24 on: »
OK thanks for clarifying that.

Re: County court judgement but no letters - Bailiff
« Reply #25 on: »
Thanks for the reply, the details on the V5 were 100% accurate I had the V5 in my name and address from January 2021 until August 2023. I still have a copy of the V5 and I also have the notification of sale from the DVLA. There are 2 PCN's and in both cases I never received the original PCN or any following letters but on the PCN of 25 May I did receive the order for recovery which first alerted me to the problem, the second PCN was dated 18 April and the first I knew anything about it was when bailiff's turned up at my home 0n 20 September. I have had perhaps over 50 dealings with TFL for vehicles I own and were registered with me over the last 6 years and in every case the letters arrived and were dealt with.
But this assumes TfL don't make mistakes --- while we know they do.

You've been advised to phone TEC to ask a specific question but you haven't. I don't see what else we can say.

Re: County court judgement but no letters - Bailiff
« Reply #26 on: »


OP, in addition to actioning Neil B's request, can I suggest you also look at this backwards.

DVLA would put Mickey Mouse, Toyland down as the registered keeper if required. The point being that they do not validate addresses, merely record them.

So, we're back to your address. IMO, the only 'correct' address is the one allocated by the local council when the property was approved. And this populates the Royal Mail's database: https://www.royalmail.com/find-a-postcode

So as a penultimate throw of the dice - put your postcode in and see how your 'correct' address appears.

Ultimately, is your letterbox yours alone or shared?

Re: County court judgement but no letters - Bailiff
« Reply #27 on: »


DVLA would put Mickey Mouse, Toyland down as the registered keeper if required. The point being that they do not validate addresses, merely record them.




That is not right.

DVLA validates all new keeper addresses on the Postcode Address File.

Re: County court judgement but no letters - Bailiff
« Reply #28 on: »
On the 23rd Sep TFL issued a replacement PCN in respect of your missing ULEZ PCN and the SD you submitted to the TEC.

Has it arrived with you and when?

Re: County court judgement but no letters - Bailiff
« Reply #29 on: »
Enceladus

" On the 23rd Sep TFL issued a replacement PCN in respect of your missing ULEZ PCN and the SD you submitted to the TEC.

Has it arrived with you and when?"

You are absolutely correct in this as I did call TFL as well as TEC to request copies of all letters, at the same time I checked they had my correct address and they did. The copies from TFL have not arrived as yet and I have not received anything further from TEC except for the confirmation email.