Author Topic: Ulez Fine now CDER Bailiff  (Read 1366 times)

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Re: Ulez Fine now CDER Bailiff
« Reply #15 on: »
Have you ever used your mother's address as the Registered Keeper address of the car with the DVLA. IE has your mother's address ever been on the car's V5c registration doc?

Re: Ulez Fine now CDER Bailiff
« Reply #16 on: »
Have you ever used your mother's address as the Registered Keeper address of the car with the DVLA. IE has your mother's address ever been on the car's V5c registration doc?
It is the same address where I live, or lived before I went abroad back in end of  April

Re: Ulez Fine now CDER Bailiff
« Reply #17 on: »
Trying to get information out of you is like playing charades.

Call TFL in the morning and ask them where they sent the PCN.


Re: Ulez Fine now CDER Bailiff
« Reply #18 on: »
The logbook was not changed, I bought the vehicle in April and applied for a logbook in my name. I then went abroad with it

Date of purchase / date on V5 - 10th April

Date of alleged contravention - 21st April

Could it be that DVLA had not fully updated its records when TfL applied for owner details? Might that explain absence of post?

Re: Ulez Fine now CDER Bailiff
« Reply #19 on: »
Have you ever used your mother's address as the Registered Keeper address of the car with the DVLA. IE has your mother's address ever been on the car's V5c registration doc?
It is the same address where I live, or lived before I went abroad back in end of  April
and the answer to the actual question asked is???
Quote from: andy_foster
Mick, you are a very, very bad man

Re: Ulez Fine now CDER Bailiff
« Reply #20 on: »
Have you ever used your mother's address as the Registered Keeper address of the car with the DVLA. IE has your mother's address ever been on the car's V5c registration doc?
It is the same address where I live, or lived before I went abroad back in end of  April
and the answer to the actual question asked is???
My mum lives with me.  :-\
Thought I already answered this, sorry

Re: Ulez Fine now CDER Bailiff
« Reply #21 on: »
@maripop00

You've been grilled like a Sunday roast, with every question picking over answers you've already served up. So, let's skip the fluff and get straight to the juicy bits to spare you any further hassle.

Given your relocation overseas, the Warrant address remains at your mother's. I provided guidance for making a Stage 1 Formal Complaint to request the withdrawal of the enforcement.

As you currently reside abroad, enforcement action cannot be pursued under the statutory provisions of the Tribunals, Courts, and Enforcement Act 2007, which limits jurisdiction to England and Wales.

Consequently, the Warrant of Control is unenforceable in this context, and your mother is fully entitled to peace and privacy, free from bailiffs attempting to seek you out at her doorstep.

If your mother feels concerned about her safety, she is entitled to submit a Statutory Declaration confirming that she is the sole occupant of the property and that you no longer reside there, thereby removing the address from the scope of the enforcement.
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Re: Ulez Fine now CDER Bailiff
« Reply #22 on: »
@maripop00

You've been grilled like a Sunday roast, with every question picking over answers you've already served up. So, let's skip the fluff and get straight to the juicy bits to spare you any further hassle.
Thank you for your advice and taking your time to respond. Really appreciate this

Re: Ulez Fine now CDER Bailiff
« Reply #23 on: »
So I'm guessing you went abroad - what date? - and the PCN, charge certificate and order for recovery arrived and weren't opened by your mother? But we don't know if they sent them to the right address.

If you were moving abroad permanently TFL cannot pursue you although they have an agency that tries to scare people. If you give them your current address this should effectively write it off but we haven't seen this situation before.


Re: Ulez Fine now CDER Bailiff
« Reply #24 on: »
So I'm guessing you went abroad - what date? - and the PCN, charge certificate and order for recovery arrived and weren't opened by your mother? But we don't know if they sent them to the right address.


You should read the post because maripop00 indicates he went abroad over a year ago. He mentioned that he will be abroad for 9-12 months, and the car is marked as "exported" due to being outside the country for more than a year. Therefore, maripop00 went abroad sometime around April 2023.




If you were moving abroad permanently TFL cannot pursue you although they have an agency that tries to scare people. If you give them your current address this should effectively write it off but we haven't seen this situation before.


Transport for London need not use agencies for intimidation, as there are established legal frameworks for enforcing judgments internationally. The Hague Convention on Choice of Court Agreements (2005) or the Commonwealth Scheme may provide suitable mechanisms for enforcement, depending on the jurisdiction where Maripop00 resides. However, the Lugano Convention is no longer applicable following Brexit


Re: Ulez Fine now CDER Bailiff
« Reply #25 on: »

Quote
You should read the post because maripop00 indicates he went abroad over a year ago. He mentioned that he will be abroad for 9-12 months, and the car is marked as "exported" due to being outside the country for more than a year. Therefore, maripop00 went abroad sometime around April 2023.
- @Pressman

I have been through this thread, reading carefully, and I find no mention of 2023. All the instances of April seem to refer to 2024, including this from maripop00'e post Reply#16
Quote
It is the same address where I live, or lived before I went abroad back in end of  April

Hence my question posited in post Reply#18 :

The logbook was not changed, I bought the vehicle in April and applied for a logbook in my name. I then went abroad with it

Date of purchase / date on V5 - 10th April

Date of alleged contravention - 21st April

Could it be that DVLA had not fully updated its records when TfL applied for owner details? Might that explain absence of post?

And the possibility that official notices from TfL went to the previous owner's address until CDER tracked maripop00's home address?


Re: Ulez Fine now CDER Bailiff
« Reply #26 on: »
So I'm guessing you went abroad - what date? - and the PCN, charge certificate and order for recovery arrived and weren't opened by your mother? But we don't know if they sent them to the right address.


You should read the post because maripop00 indicates he went abroad over a year ago. He mentioned that he will be abroad for 9-12 months, and the car is marked as "exported" due to being outside the country for more than a year. Therefore, maripop00 went abroad sometime around April
I think you need to read the post.
the op bought the car in April and then went about for about 9- 12 months NOT has been abroad for 9 - 12 months.
the OP  has been grilled like a roast as its as difficult to get straightforward replies as it is picking up red hot roast potatoes with no gloves.
if the vehicle is marked as "exported" what address should be in the V5 now?
Quote from: andy_foster
Mick, you are a very, very bad man

Re: Ulez Fine now CDER Bailiff
« Reply #27 on: »
The OP says none of the PCN letters were received so I would have thought that merits investigation. 

If you take a vehicle abroad for more than 12 months you must tell DVLA it has been permanently exported, which I presume the OP did. Less than 12 months you don't. But I don't think there is a requirement to apply for a certificate of permanent export and I presume the UK address remains on the record if you don't.

Re: Ulez Fine now CDER Bailiff
« Reply #28 on: »
The OP says none of the PCN letters were received so I would have thought that merits investigation.

Indeed, but the OP wasn't in residence as they've been abroad since April and therefore has no first-hand knowledge.

OP, how about:
I bought a (non-compliant as regards ULEZ) car in Cheshire where I live;
I gave my mother's address (her house, not mine)to DVLA because I would be out of the country for some months;
I subsequently drove to London where inadvertently I entered the ULEZ zone;
I didn't pay the road user charge and then left the country with my car*;
My mother tells me that she didn't receive any notices at her address until a Notice of Enforcement.


*- plausible based on what we know? But doesn't answer the question why is the car still registered if DVLA have been told it's been exported, aren't these mutually incompatible? Also, the car's tax was valid until July 2024, but how come given that a minimum of 6 months had to be bought in April? And the car's not SORN'd.

If giving their mother's address was a matter of convenience and the OP indeed does not live there but uses it perhaps as a stopover then IMO they need to tell TfL the full story, not just 'I don't live there'. Any issues with the car's status aren't germane for these purposes.

OP, we're asking these questions because you asked: 'how can I keep my mother out of this?'. So is it her premises with none of your goods there, how old is she and could you possibly and objectively prove that she should be classified a 'vulnerable' as understood under Schedule 12? None of this addresses your liability and indeed if it's her property and you actually live in Cheshire and her address is the one on the warrant because you gave this to DVLA then ultimately the bailiffs would find you in Cheshire IMO and due process followed from this point. 

Re: Ulez Fine now CDER Bailiff
« Reply #29 on: »
noted HCA... re the car tax issue. it doesn't add up. 
Quote from: andy_foster
Mick, you are a very, very bad man