Free Traffic Legal Advice

Hello all,

I hope someone can help me....

Just over a year ago, I moved house as had become bankrupt.

I didn't have anywhere to go and until I do, I moved into a kind relative's place, with the intention of moving into a permanent place within about 3 months.

This also meant I was a person of "no fixed address" and all the documents were in storage. Therefore my license and V5 had not been changed.

Now what has happened is I sm moving into the said relative's garage which I have converted to live in and this is an arrangement we now have. The move is about to happen. The documents - log book etc, are still in storage.

In July 2024, I went into a restricted road in Barkingside council. From the picture, the sign was restricted from my view because of a bus, but it's now gone further than that.

Every few months I would go to the old place to pick up any post (not much, but just in case) and there was this ticket. On the outside of the envelope, it asks to tick a box if person doesn't live there, so I ticked this and sent it back with my current address on it as I had missed a deadline/

But Royal Mail sent it back to the old address!

I then sent it again to the council and this time put the current address inside. And then didn't hear anything.

Then last week I went again, and there was a bailiff notice. I was going to contact them, but as usual, forgot.

couple of days ago, bailiff turned up to the old address.

The otherwise very nice guy seems to have given them my number (though he says they haven't) and then yesterday called me to tell me.

That explained to me why I had received a spurious text message from someone unknown with just a reference number and a pay link. I ignored it couple of days ago thinking it was a dodgy link.

Then today having figured it out, I messaged asking who they are and he only said enforcement agent, and then later that my car has been added to the national ANPR database so therefore could be towed away any where any time.

I was talking to someone who said maybe I can get it back to a tribunal and get the ticket reset.

But I don't know if that is possible.

It is TRUE that I did send my current address to the council but they didn't do anything.

And now I don't know what my options are.

The bailiff charge is £515!    which is just too much!

Please - anyone got any suggestions?

thanking you in advance.

The key issue IMO is what you sent to the authority and when because the limited grounds available to submit a SD depend upon what you did an when.

'..so I ticked this and sent it back with my current address on it as I had missed a deadline/'

You know the PCN number and VRM of the vehicle concerned, the first from the enforcement officer the latter through personal knowledge. Pl post and let's see the authority's train of events.

And, if you know, the PCN issue date, when you ceased to occupy the property and when you visited as above.

Quote

This also meant I was a person of "no fixed address" and all the documents were in storage. Therefore my license and V5 had not been changed.

Can you expand on this, please. Surely you had access to them ?

So on or around March/April 2024 time, you moved out of your address, but were still driving, and therefore should have updated your V5 and driving licence. Any reason why you didn't ? OK, you say you didn't have a fixed address, but you had an address at which you could be contacted, your relative's address.

I'm sorry to tell you that getting out of this situation will be very difficult, and maybe even impossible. There is a website that deals specifically in bailiff matters, and it would be prudent to contact them to see what chances you have of getting back to the original PCN. There is only one avenue open to you to get the matter reverted, and that is to submit an Out-of-Time Statutory Declaration, or Witness Statement. Which one depends on what the PCN was served for. In this you would explain what you have told us. The only problem is that the authority that served the PCN can object, and if they do your submission will get rejected.  But see what bailiffadviceonline says; they are more expert than me.

www.bailiffadviceonline.co.uk

The other aspect is that if you are officially and legally bankrupt, the bailiffs cannot just go and seize your goods as you have some legal protection from debtors.

https://www.lowell.co.uk/help-and-support/debt-guidance/what-is-bankruptcy/#:~:text=Advantages%20of%20bankruptcy&text=It%20can%20offer%20you%20protection,a%20CCJ%20or%20sending%20bailiffs.

Thank you very much for your message.

(1) Everything has been in storage and I have been living in a small room at someone's place more than 30 miles away.  The plan was to rent  somewhere more permanent and move out within 3 months. But I'm still here and am now going to move into the currently being refurbished garage. I've been staying with a relative.
The things in storage are a mess - I have put a house worth's stuff into a 10x10 storage area. So yes , it is available, but isn't as well...

(2) I will follow through on contacting the bailiff below who is willing to assist me. Thanks for your suggestion too.

(3) I'm past the bankruptcy and now am again liable for any debts.

[quote author=Pinto link=topic=5391.msg60828#msg60828 date=174121897


Just over a year ago, I moved house as had become bankrupt.

In July 2024, I went into a restricted road in Barkingside council. From the picture, the sign was restricted from my view because of a bus, but it's now gone further than that.

That explained to me why I had received a spurious text message from someone unknown with just a reference number and a pay link. I ignored it couple of days ago thinking it was a dodgy link.

Then today having figured it out, I messaged asking who they are and he only said enforcement agent, and then later that my car has been added to the national ANPR database so therefore could be towed away any where any time.

I was talking to someone who said maybe I can get it back to a tribunal and get the ticket reset.

As the contravention occurred post bankruptcy, it unfortunately would not be included in your bankruptcy.

I am assuming that you still have a vehicle?

An Out of Time Application is your only option. Before taking this route, it would be better if you contact the Traffic Enforcement Centre to enquire which forms you require. I have sent a message to you.

Bailiff Advice Online
[/quote]

Yes, I still have the vehicle. When I spoke to the bailiff yesterday (Wednesday) he said he had that morning put it on the ANPR register to be towed away of anyone relevant were to scan the number plate.

I am about to email you. Thank you for all of this.

So should I put a similar message to the one that I posted to start this thread here, on bailiffonline as well?