Free Traffic Legal Advice
Live cases legal advice => Civil penalty charge notices (Councils, TFL and so on) => Topic started by: tawnyess on September 10, 2024, 01:39:13 pm
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If your current vehicle is under finance, bailiffs cannot take it, as only the debtor's property is subject to enforcement.
Bailiffs are not permitted to force entry into a residential property to recover a traffic debt, although they may enter through an unlocked door.
The bailiff is seeking your updated address, given that the address tied to the vehicle in question is outdated, and you have indicated that the car is no longer in your possession.
While official guidance suggests completing forms TE9 or PE2, doing so could result in the warrant being re-issued with your current address.
If you file TE9 or PE2, I recommend using a proxy address for your safety and peace of mind.
This information may be relevant to your situation.
https://www.nationalbailiffadvice.uk/Moved-Dont-Want-To-Give-Bailiff-New-Address.html
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the car that I got the pcn on was not on my name but leasing company. And usually leasing company makes me aware of PCNs
Oh dear, all this drip, drip drip of information. This latest is probably key to success with your OOT
So the council would not have obtained your name and address from the DVLA, but from the leasing company who would have received the initial PCN, and responded with your name and address. If this was not correct at the time the statutory documents would have gone astray.
So it seems the content of your OOT submission must be based around the leasing company supplying a wrong address. You could then be in with a chance on your OOT.
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IMO, you have to discover more info if you want advice as to your options.
Your name is on a warrant but the address is incorrect. You need to discover why. We're not talking about ages ago, the relevant issues occurred during the last year. As you now have a different car, then you must have changed cars since Aug. 2023 which means that the previous(possibly still current) company must have had your correct i.e. current address as at Aug. 2023. Therefore we should be able to disregard you moving 4 years ago because it's not relevant.
You have the PCN number, the bailiff and council. You also know the leasing company concerned.
When did you change your car and are you still with the same leasing company?
Is it the same as your current? If so, ask for copies of the relevant correspondence.
If it's not the same, then you can still ask them if you have contact details, after all you're looking at pretty recent events.
You need documents, not telephone recollections.
As regards your car, if on the highway it may be immobilised unless it's provided by Motobility or displaying a BB.
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That’s the thing, the car that I got the pcn on was not on my name but leasing company. And usually leasing company makes me aware of PCNs. I do not have any letters from bailiff or council. And have not told them my new address. The only way I knew it because of a text to call the bailiffs. They provided me with a pcn number and the pcn shows my vehicle with a yellow pcn on windscreen. I do not remember this at all.
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Until we know the legislation under which the PCN was served, the form of the submission to TEC is not decided.
I don’t have that vehicle anymore and one I have now is on finance
What car you have now is irrelevant, the bailiffs are after money to pay the debt, and if you don't pay can seize goods to sell to generate the money. It is common for cars to be seized as they are fairly easy to find. The fact your car is on finance will not stop them.
My question is still the same - when you moved address did you update the V5C for the vehicle ?
Reason for asking is that the only avenue open to you to revert the matter back to the PCN, is to submit an out-of-time declaration. Whether this is a Witness Statement, or a Statutory Declaration depends on the reason for the PCN and the legislation under which it was served. Parking PCNs are mostly, (may be exclusively) served under the Traffic Management Act and require a Witness Statement.
Any Out-of-Time submission must have a statment from you saying why you are submitting out-of-time. The TEC court officer will pass the details to the enforcing council who can object to it and normally do so on the basis that they sent all the statutory enforcement documents to the name and address advised by DVLA, (i.e. the name and address on the V5C). If they do this, it is almost inevitable your declaration will be refused. I'm afraid there is no easy "Get out of jail free" card.
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Hi Tawnyess,
I believe you need to complete forms PE2 and PE3 immediately get them witnessed by a solicitor and emailed into TEC as soon as possible. (Sometimes you have to complete forms TE7 or TE9 but I believe you are too late for that)
This is nonsense. Don't assume that what applied in your case is the same for others.
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Do you have an enforcement notice from the bailiff.
Did you give them your current address.
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I don’t have that vehicle anymore and one I have now is on finance
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So, when you moved 4 years ago, did you update the address on the V5C Registration Certificate for the car ?
Read this and update your thread accordingly, because without sight of documents we are totally in the dark. Only redact name and address.
https://www.ftla.uk/civil-penalty-charge-notices-(councils-tfl-and-so-on)/read-this-first-before-posting-your-case!-this-section-is-for-council-tfl-dartme/
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Hi Tawnyess,
I believe you need to complete forms PE2 and PE3 immediately get them witnessed by a solicitor and emailed into TEC as soon as possible. (Sometimes you have to complete forms TE7 or TE9 but I believe you are too late for that)
Once the correct forms are registered TEC they will halt all action until your case is considered.
Top Tip
Park you car on a family member or friendly neighbour's driveway, bailiffs cannot clamp your in these circumstances, but beware of leaving your car in public places: roads, car parks etc. until you know your forms have been registered and processed by TEC!!
Nom1
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I have been receiving texts from one source debt for last few weeks. Decided to give them a call, after confirming name, they wanted my address my current address which I mentioned was wrong and it was my previous address which was correct.
It was a PCN from havering council (parking fine, yellow PCNs stuck on my window according to having website images) which occurred 31/08/2023.
My previous address was about 4 years ago when I moved to current.
I do not remember a yellow on stuck on my window and obviously did not receive any correspondence due to it being the wrong address.
What can I do here?