Author Topic: Horrible situation with bailiffs and no idea what the fine is for  (Read 934 times)

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Hello

- Four days ago, my old housemate messaged me to tell me a bailiff (Marston rec) came round and sent me the form he left. He says I owe over £500 and this is the first I'm hearing of it.

- I thought I'd registered my new address on my V5C. I tried doing this a couple of months ago shortly before my father died

- I've been having a really difficult time grieving (he died very suddenly and it was quite a traumatic situation)

- So the thought never crossed my mind that it didn't arrive as I was fully preoccupied with horrible stuff. And then, strangely, I remembered about 10 days ago and re-applied

- I'm guessing they never got my first application. I can't find an email so perhaps it never went through.

- My address was updated (successfully) on my driving license and everything else as soon as I moved into my current place.



- I'm so scared of the bailiffs and have no idea what to do. I don't even know if I was driving when the fine was issued but if I was, I would have paid it immediately if I'd known.


- I've emailed them immediately saying "I have just received a letter saying I owe money for something that I have received no previous letters about. Please can you let me know who your client is and what this is referring to?". As I need to know what it's referring to but they still haven't replied.

- I am very worried that they are taking a while to get back to me because they're finding my current address and will turn up here. If they do, I have no idea what to say to them and any advice would be appreciated. Surely I have a legal right to know what happened in the first place?

- I will obviously pay the horrible fine if necessary but I think I'd have to make monthly payments

- I've contacted bailiffadviceonline (also four days ago) and they still haven't got back to me either but maybe they're just busy



This forum is clearly full of very generous and wonderful people. It's very reassuring to read everything I've read so far when going through an upsetting time. Thank you in advance.

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Re: Horrible situation with bailiffs and no idea what the fine is for
« Reply #1 on: »
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- I thought I'd registered my new address on my V5C. I tried doing this a couple of months ago shortly before my father died
So when did he die ? We need to relate this to the PCN date to see how much time difference there is between you trying to update your V5 and the date of your father's death, and the date of the PCN itself. Worst case we've seen recently is failure to update the V5 for 8 years !  Clearly this OP is a no-hoper !

How did you attempt to update the V5, online ?

The plain fact is that bailiffs are very diligent at tracking people down, as their livelihood depends on it, so they'll no doubt find you eventually, and the £500 could well have increased.

The only avenue open to you to revert the matter back to the Notice to Owner, or PCN stage is to submit a Statutory Declaration to the Traffic Enforcement Centre that you never received the PCN/NtO. Because this submission is out-of-time, the council that issued the PCN can object to it, and they inevitably do so, and then TEC reject your submission.  YOu can request a review by a county court judge ((about £160 for papers-based review, and £260 for an interview with the judge "in chambers"). These figures are approximate BTW, and the sums are not recoverable.

ONe point to bear in mind is that even if you pay the bailiffs, you can still submit an OOT SD, as payment does not close it off. You may well serve yourself best by arranging a payment schedule with the bailiffs.

BTW, bailiifadviceonline is very good but likely to be busy. Four days is not a long time.

Re: Horrible situation with bailiffs and no idea what the fine is for
« Reply #2 on: »
Sorry about your Dad, but as you imply you have to attend to this matter.

Whether your V5C is even relevant we don't know e.g. moving traffic contravention in a hired vehicle relies upon the address you gave the hire company etc.

We (and bailiffadviceonline) need more details, and so do you.

Get the letter from your old housemate*, and the other notices which must have been sent there, among the most important being the Notice of Enforcement which would have been sent to you by the bailiff no more than 2 weeks before.

The component elements of the £500ish are £310 bailiffs' fees and £200 council penalty, so you can see that the larger part is the fees and so whether you could avoid all or part of these on their own would represent a significant saving.

*- presumably at the address, which raises the question why only contact you now when so many other letters have been sent and presumably landed on the mat?

Re: Horrible situation with bailiffs and no idea what the fine is for
« Reply #3 on: »
Yes, I applied for the V5 online.

Dad first went into a coma on the 25th May.

Very worried about the fees going up.

When you say paying the bailiffs will not close off submitting an out of time form, I'm guessing the bailiff fees are unrecoverable? Or could I get them back even if I pay?

Unfortunately, I have a difficult relationship with my ex-housemate and I've asked if they've kept any of the letters but I wouldn't be surprised at all if they've thrown them away. Either way, they never told me a thing until the bailiff turned up the other day.

The car belongs to me and isn't hired.

Thanks for your help so far. Desperate to sort this quickly before it leaves me any more broke.

Re: Horrible situation with bailiffs and no idea what the fine is for
« Reply #4 on: »
PS I've now nudged Marston rec to tell me who their client is and what it's about but still haven't had a reply.

Surely they have to tell me what this is about? I must have a legal right to know?

Re: Horrible situation with bailiffs and no idea what the fine is for
« Reply #5 on: »
Quote
When you say paying the bailiffs will not close off submitting an out of time form, I'm guessing the bailiff fees are unrecoverable? Or could I get them back even if I pay?
OP, you are in a very bad place and, (sorry to have to say it), it is of your making in not updating your V5 when you moved address. You have ONLY the avenue I outlined to get the matter reverted to the PCN stage, but from your narratives so far, it is very unlikely an out-of-time Statutory Declaration will be accepted by TEC because the council will object to it. We see a lot of cases like yours and most of them end badly. We see that most people update their driving licence address, but forget to update the V5 for their car as well.  Unfortunately, whilst both sets of data are held by DVLA there is no link between them.

If I were you, I'd negotiate a payment plan with the bailiffs.

Acceptance of an OOT SD does mean you get the money back if you've already paid it, but it can be a struggle. The problem is getting acceptance.

Re: Horrible situation with bailiffs and no idea what the fine is for
« Reply #6 on: »
- I've contacted bailiffadviceonline (also four days ago) and they still haven't got back to me either but maybe they're just busy
Sheila tends to be very busy, I can only suggest you chase her up as I think you need her help to get out of this mess.
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