Written by John Kruse, one of the leading experts on Bailiff Law, this consumer friendly guide is essential reading for anyone who comes into contact with a bailiff.
The book is easy to understand and clearly explains the rights
a bailiff has, and also what they cannot do when collecting debts and repossessing goods etc.
Hi guys
I have a major issue here and need some serious advice.
I brought a car in november at which point I was living in Roehampton,London.
I moved to Acton in late january and changed the logbook over to my new address in Acton.
Last month I was woken up at 6am by a bailiff who had clamped my car at my new address ( they hunted me down) and was demanding £500 or he will tow my car, he said it was for a conjestion charge penelty issued by TFL in middle of febuary THAT I DID NOT RECEIVE. I didnt have money to pay so he towed my car.
I filed a Statutory decleration and an out of time stat dec to northampton county court, they send to the stat dec to TFL and TFL rejected it and now its with the court to accept it or deny it.
I spoke to TFL and got it in writing from them that they sent the pcn to number 7 of my previous address where I was living at number 1. So they clearly sent the pcn to the wrong address and I have this in writing. so theres no way I could have received this PCN.
now the stat dec case is with the court but I just found out that the DKB bailiff has sold my car.
what the hell do I do. 1st they take my car without me even knowing about the ticket and now they sold my car while the stat dec is still getting processed.
TFL said that as I signed the stat dec after they car was towed that they are within their right to sell my car.
Im absolutely furious. Ive been without a car for about a month now and none of this is my fault.
I tried to speak to a few solicitors but no one deals with this kind of case and the ones that do want to charge £2000.
How can TfL reject a filed stat dec that the TEC has received and accepted ? As I understand it the acceptance of a valid statutory declaration will always revoke a registration.
I would ring the TEC now and get details of what is supposed to happen when they accept a Stat Dec. Follow this up with e-mail contact to the same person (if possible) to get 'written proof'.
(
Sounds like maybe TfL had already sold the vehicle and are covering up.)
update:
have looked further, it transpires that:-
The application is logged onto the TEC system and a list containing all
penalty charge numbers processed is then faxed to the local authorities.
A copy of the forms and all attached correspondence is posted to the
Local Authority who then has 14 days to respond indicating whether
they are going to accept or oppose the application.
At this stage the Local Authority must suspend any bailiff action
on a case until a final order has been made, in compliance with the
Practice Direction that supports CPR Part 75.
If the Local Authority accepts the application it will be processed by the
TEC as a normal Statutory Declaration. The registration will be revoked
and the action will be passed back to the Local Authority
If the Local Authority opposes the application within the 14-day period,
then the TEC will refer the case without hearing to a Court Officer for a
decision. Upon receipt of notification from the Local Authority that they
are opposing the application, the TEC will send notification of the date
the files will be referred, which is calculated as a further 10 days from
when the 14 days expire. (The local authority, therefore, have a total of
24 days to file a statement of case containing a statement of truth or an
affidavit). The affidavit/statement of case submitted must include the
batch number located on the hearing date notification.
A copy of the Court Officer’s order together with the revocation (if the
application is granted) or a rejection notice (if refused) will be sent to all
parties. If a respondent’s application is granted then the Local Authority
should forthwith inform the bailiff of the withdrawal of the warrant. If the
application is refused then the Local Authority can continue enforcing
the warrant.
If a Local Authority makes no response to a respondent’s application
within the 14-day period then on the 15th day the statutory declaration
will be accepted by the TEC.
The TEC cannot guarantee the 15th day target in abnormal
circumstances
---------------------------
need to check that has been followed to the latter and the date the bailiff sold the car. if they jumped the gun then you may have a case against the bailiff off the bat. in any regard following due process may well see you getting re-embursed.
well its not a normal stat dec, its an out of time stat dec, whats happens is that the TEC process the out of time stat dec, its sends it to TFL and then TFL have 3 weeks (20th August)to accept it or contest it,
In this case TFL contested it (14th August) and they sent it back to TEC to accept or reject TFL's decision, if TEC accpet it then the case will go into the next stage of the appeal proccess. if they reject TFL's contest then the whole matter is dropped.
I spoke to bailiff, they said they recieved instruction from TFL on 18th August to sell the car.
TFL has made this big mistake and now my car is sold. The law states that the while a stat dec is being processed that the whole matter is to be put on hold.
I spoke to TFL they said they will get back to me to see whats happened but have not done.
my question is what are my options now? Do I file to take TFL to court and claim charges and expenses? If so how do I do this?
who can I speak to about Legal advice. Ive spoken to loads of solicitors but none of them deal with this, and the ones that do charge a fortune. where can I go, any recommendation?
At the moment its still with the TEC and they said the judge usually takes around 3 weeks to come out with a decision.
resident bailiff expert here is tomtubby. they probably knows a few wrinkles re the out of order bailiff/TfL thing.
did you ask for written confirmation from the bailiff re the instruction from TfL
?
the bailiff probably wants to get off the hook for any costs so may well give this quite freely. on the other hand they have ongoing business with TfL they will want to protect..
Tfl Took And Sold My Car
who had clamped my car at my new address ( they hunted me down) and was demanding £500 or he will tow my car, he said it was for a conjestion charge penelty issued by TFL in middle of febuary THAT I DID NOT RECEIVE. I didnt have money to pay so he towed my car.
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