PCN issued to me even though I did not own the vehicle

**Jimbo1986** · 29th October 2008 23:24

Hi all,

Just been having a read through some of the toher threads on here and thought i'd see if I can get some help!

I am at my wits end now and dont know what to do. I have to of these cases going on now as this has happened to me twice now!

To cut a long story short (as it has been going on for a short while), I recieved notice from a bailiff icon

by the name JBW enforcement for recovery of an outstanding pcn icon

notice that was issued in May 2008 which I was completely unaware of until I received this letter.
I moved house in April 2008 and had sold my car a good few months prior to that. I sent my V5 log book to the DVLA for change of ownership and assumed everything had been dealt with as I hadn't heard from the new owner.
Then as mentioned I recieved a letter from JBW stating that I owed them just over £400 even though the afore mention PCN was issued for £90.
Further more I did not receive any notification from the Issuing council as apparantly they had sent all communications to my previous address which obviously I was unaware of.

I rang the DVLA to find out what was going on and they advised that I was still recorded as the owner of the vehicle. They advised that all I had to do was send a letter stating the date that I disposed of the vehicle and they would remove me from the database and that they would send confirmation once they have done this.

I then continued to ring JBW to advise of the situation that I was no longer the owner and that I was awaiting confirmation from the DVLA that I had been removed from the databse prior to the PCN.
They said they would put my account on hold for 7 days and that I need to seek legal representation as they will not and do not accept letters from the DVLA as proof of non-ownership. I did at the time find this very frustrating as DVLA are the only firm as we know that govern the registrations of keepers on any motor vehicle on (and sometimes off) the public highway.

After trying to work out what to do with this in between working a 6 day 66 hour week, the 7 days flew past and then they started to advise that extra charges will be applied to the account for bailiff icon

fees and that a bailiff icon

attended my house (even though no prior arrangment was made and I was unaware of any attendance) and that a bailiff would attend to remove items to pay the debt. I am under the impression that they are not allowed to use 'scare' tactics as read in someone else's thread about saying they attended etc. Is this correct?

I also advised JBW that the house I was living in was not mine and belonged to my girlfirends father and that I do not own any items in the house and that nothing can be taken to pay the debt. They advised me that I need to prove to them that I do not own anything in the home and that they can take whatever they feel necessary to pay the debt. Is this right?

Since doing a little more investigating I have been advised that I need to draft and complete 2 statutory declarations.
1) Declaring that I did not own the vehicle at the time of the PCN issue date
2) Declaring that I do not own any items within the home and that nothing can be taken to recover the debt.

Now is this true and if so could anyone point me in the right direction for a template of a Statutory Declaration as I cant afford to pay for one to be written or downloaded.

And if this is not true could someone possibly please help me in what to do next. I am stuck now and not sure what to do.

If i have missed any information out that you may need to assist you in helping me then dont hesitate to ask.

Any help would be muchly appreciated.

James Hare

Similar Threads:

Ting · 30th October 2008 12:25

Phone Northampton TEC - google it (issuer of the warrant) They will supply forms.
If you get Stat Dec witnessed at your local/any county court icon

it is free. do not sign icon

before you are in the presence of the Court Officer.

Not a bailiff icon

expert but I doubt a couple of those JBW claims. I'm pretty sure if they take something other than belonging to you they are in deep dooodooos. Don't see why anyone not involved should be called upon to prove they own something. More knowledgable on bailiffs icon

may confirm.

Checkout 'bailiffadviceonline'. There are various sites but that one knows what it is talking about I hear.

**crem** · 30th October 2008 16:12

Originally Posted by Jimbo1986

Since doing a little more investigating I have been advised that I need to draft and complete 2 statutory declarations.
1) Declaring that I did not own the vehicle at the time of the pcn icon

issue date
2) Declaring that I do not own any items within the home and that nothing can be taken to recover the debt.

If stat dec 1 is valid, what is the point of doing the stat dec in point 2?

**pin1onu** · 30th October 2008 17:50

Originally Posted by Ting

Checkout 'bailiffadviceonline'. There are various sites but that one knows what it is talking about I hear.

Try a post in bailiffs icon

section on this forum. There are a number of experts who will help. (Screwthebaukiff and Tomtubby to name 2).

Probably best to post a link to this thread and ask for someone to advise.

**Jimbo1986** · 31st October 2008 16:00

Originally Posted by Ting

Not a bailiff icon

expert but I doubt a couple of those JBW claims. I'm pretty sure if they take something other than belonging to you they are in deep dooodooos. Don't see why anyone not involved should be called upon to prove they own something. More knowledgable on bailiffs icon

may confirm.

Thats what i thought, why should somebody that it has nothing to do with have to prove anything??

**Jimbo1986** · 31st October 2008 16:01

Originally Posted by crem

If stat dec 1 is valid, what is the point of doing the stat dec in point 2?

Not really too sure being honest. I was just advised to do that. I suppose it could cover my ar*e should the bailiffs icon

get a bit funny and ignore my 1st stat dec!!

**Jimbo1986** · 31st October 2008 16:02

Originally Posted by pin1onu

Try a post in bailiffs icon

section on this forum. There are a number of experts who will help. (Screwthebaukiff and Tomtubby to name 2).

Probably best to post a link to this thread and ask for someone to advise.

I will do. I'll pop a link in there later.

Thanks everyone for the help so far.

**passtheport** · 3rd November 2008 11:04

Sounds horribly familiar! See my thread on here about 6 weeks ago: http://www.consumeractiongroup.co.uk...ml#post1727279

I went to the Local Court, filled in papers PE2 & PE3 that were faxed to Northampton TEC to put the case on hold. The TEC then contacted the council, who then contacted the bailiffs icon

to call them off.

I then wrote to Southwark Council Head of Parking, addressing him by name, enclosing DVLA letters. That was 6 weeks ago. I've not even had a response from anyone at the council, nor JBW icon

.

Good luck.

**tomtubby** · 20th November 2008 00:08

Have you received a response back from TEC?

I am interested because of the large number of very similar cases that our office have seen involving Southwark.

Look forward to hearing from you.

**passtheport** · 20th November 2008 00:16

Originally Posted by tomtubby

Have you received a response back from TEC?

I am interested because of the large number of very similar cases that our office have seen involving Southwark.

Look forward to hearing from you.

Hi Tomtubby - not sure if your post is directed to me or jimbo86?

if it's to me then yes, I received a reply from TEC yesterday as it happens, stating "it is ordered that the order for recovery of unpaid penalty charge be revoked, and charge certificate be cancelled"...

Still not heard a peep from Southwark though - bunch of incompetent feckwits!

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