Author Topic: Lambeth PCN 53J Fitzalan Street School Streets Bailiff -Hired Van, unknowingly got ticket, moved address, bailiff final  (Read 1069 times)

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Hello, I'm new here, redirected from MSE forum, then from PePiPoo :D I hope you can help please.

Last year November 2022 I hired a van to move some items to a relative's house in London, as I was leaving the UK for work for 2+ years (I have an empty house in UK which I will return to eventually, meanwhile my credit cards etc are still registered there).
I'm not familiar with London road restrictions apart from the bus/cycle lane rules, congestion charge and ULEZ (I paid congestion charge at the time).
On 14 November 2022 I was driving the van back to Waterloo from south London, to return it. It was rush hour and in heavy traffic on Kennington Lane, I thought I was lost and started looking for a place to pull over and consult the sat nav. It was also very busy with bikes in the cycle lane, so I pulled into the first smaller road I saw, Fitzalan street, 51.492244, -0.111023.
Honestly I didn't notice any signs about the School Streets restrictions, and wasn't looking out for it as I had never heard of it! I carried on my way and never gave it a thought, moved to Asia two days later.
8 months later, yesterday, a friend went to check on my house and found a final notice from a bailiff claiming £514 or goods, and a "warrant of control". I don't know when it was delivered. There is a lot of unopened mail at the house, but I don't have anyone I can trust to check it. I checked my email spam and found a notification from the hire company attached. I then looked up the PCN on Lambeth council and have attached the only info available. I then looked for a CCJ under my name and address, and there isn't one.
I don't think the signage was sufficient (see photos - more obvious signage was provided at the other end of the street; the signs were obscured by a tree on the approach to the left turn). All appeals are impossible now, what can I do? Do I have to pay the bailiff? Why is there no CCJ attached, or does that come after he has visited?
I don't think I can apply to suspend the warrant, because there isn't a CCJ yet, and which court would I apply to? Important not to have CCJ as I need to borrow money soon

Many thanks in advance.
Here's the link to a folder with all the photos. Please let me know if it doesn't work.
https://photos.app.goo.gl/hCBVbj1ZW8EZeqLf8

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So what arrangements did you put in place to deal with your affairs while you were away?

Obviously having a friend go round twice a year isn't going to be adequate.
I practice law in the Traffic Penalty Tribunal, London Tribunals, the First-tier tribunal for Scotland, and the Traffic Penalty Tribunal for Northern Ireland, but I am not a solicitor or a barrister. Notwithstanding this, I voluntarily apply the cab rank rule. I am a member of the Society of Professional McKenzie Friends, my membership number is FM193 and I abide by the SPMF service standards.

Quote from: 'Gumph' date='Thu, 19 Jan 2023 - 10:23'
cp8759 is, indeed, a Wizard of the First Order

Before leaving I gave keys to two separate relatives and one friend. Two just in case of emergency and to check in occasionally, but one of them I agreed to pay to go monthly. In reality, two of them have been round once or twice. Obviously now I know this won’t work out going forward. Is there anything I can do to stop this getting in my credit file?


Before leaving I gave keys to two separate relatives and one friend. Two just in case of emergency and to check in occasionally, but one of them I agreed to pay to go monthly. In reality, two of them have been round once or twice. Obviously now I know this won’t work out going forward. Is there anything I can do to stop this getting in my credit file?
The good news is that a council PCN does not result in a CCJ, at worst you can end up with an Order for Recovery. While the Order for Recovery is the equivalent of a CCJ, it does not impact your credit file in any way shape or form, so you don't need to worry about that.

If you have no vehicle or other movable assets in the UK, it's going to be difficult for the bailiffs to collect. If you contact them and simply give them your foreign address and inform them that you won't be in the UK for several years (you don't need to give them specifics), they'll likely send it back to the council and the debt will be written off.
I practice law in the Traffic Penalty Tribunal, London Tribunals, the First-tier tribunal for Scotland, and the Traffic Penalty Tribunal for Northern Ireland, but I am not a solicitor or a barrister. Notwithstanding this, I voluntarily apply the cab rank rule. I am a member of the Society of Professional McKenzie Friends, my membership number is FM193 and I abide by the SPMF service standards.

Quote from: 'Gumph' date='Thu, 19 Jan 2023 - 10:23'
cp8759 is, indeed, a Wizard of the First Order