Hi all,

please could anyone help me or advise me ..

i stupidly have 5 unpaid pcn which went through Northampton courts and marstons baliff is on my back .

he said pay £450.00 then the rest.

Of the £1230.00 to be paid over six months .

I explained on the phone i didn't have £400 to give him

and now he told me over the phone he will come and take my goods .

I explained i live with my girlfriend and none of the goods are mime .

.he said he will take what he wants from her house

as its the house address given by the courts as well as another address (next door) .

I said if i don't let you in you cant take it

. His reply was i would be arrested over contempt of court and goto jail

.. Now in really scared .

What can i or do i do ??

He is calking tomorrow an he said between 6am and 9pm .

can i be arrested ??

Do i have to pay him and what if i cant can he gain access from a locksmith and police as he stated ?

IM going out my mind with panic and worry and i cant sleep ..

;Also charges on the letters are

£75 for compliance charge and

£112.00 fine ... X5 separate letters so how is that £1200 odd ??

put a letter through my door Friday and just posted it.

He didn't even knock on the door

i called him and explained i have camera's on the door

and you didn't knock so cant charge me for that visit .

. He said he does not have to knock he can charge for getting out his car

..i also called their head office and said i can pay in installments every week and they said no.

The courts want payment in full .

I have also hidden my car

Hi chalton34

Please be patient I am sure the caggers will be along to give advice to assist you in your present situation.

1. Can you confirm you have received a CCJ (County Court Judgement)?

2. Can you confirm that Marston are Enforcing on Tuesday between 6am -9pm?

3. I assume you received notice that it was going though Northampton?

I will raise this up for you to see if I can get further help for you due to the urgency.

whoee

slow down a bit.

PCN's dont and aren't anything to do with northants bulk court & CCJ's [wheres that come from???}

they are issued directly via the council you have the PCN's with.

if they are all for the same council

contact them directly.

no you wont goto prison

no he cant take anything not yours.

sadly its the kind of thing they say to get more money out of you.

talk with the parking enforcement dept of the council firstthing

BUT you will prob have to pay the bailiff fees

but NOT multiple fees for multiple tickets ON THE SAME VISIT

as far as I know.

have a read of a few the threads here

I've put you in the enforcement forum.

dx

Are these council pcns or ppc ones? Something doesnt add up.

Chalton,

You should have received INDIVIDUAL letters for each PCN. Under the new regulations that came into effect on 6th April there is a legal requirement that the bailiff should where possible ensure that ALL debts on their system are pursued AT THE SAME TIME (which appears to have happened). Also, (again under the new regulations) a Compliance Fee of £75 is applied to EACH case. The Compliance Fees alone would therefore account for £375.

When the bailiff actually attends he can charge a fee of £235 but that fee CANNOT be charged for simply posting a letter without any 'intention' of 'taking control of goods'. Also, the bailiff cannot charge 'multiple fees' when enforcing more that one debt at the same time. Thankfully this bailiff does not appear to have done that.

NO.....You cannot be arrested and neither can a prison sentence be imposed. It is a shame that this comment had been said in a phone conversation as the bailiff would very likely deny that it took place. It the bailiff had stated the same in a TEXT MESSAGE now that would be interesting....(and damn serious).

If each debt is £112 then the debt to the local authority alone is £560. The Compliance fees are £375 and the actual 'enforcement fee' is £235. In your case this is an expensive lesson and please in future try not to ignore PCN's. I assume yours has each been for just £30 !!

Unfortunately, having 5 PCN's at warrant stage would mean that legally you are referred to as a 'persistent evader'.

You have not mentioned whether your car was outside of the property. Did the bailiff leave a notice of any sort regarding the vehicle?

How old is the vehicle and is there any finance against it?

How much roughly would the car be worth (auction wise)....The reason for asking is to ascertain whether the vehicle is likely to be taken.

Hi, thankyou for all your reply's .

yes its from council parking tickets not private,

apparently i have been sent 5 separate notices,

i quite likely have been as i got into a mess with s divorce so hence parking tickets all over the place .

.i remember taking 5 off my car but don't remember having 5 letters from any court office

i did have warnings from Scunthorpe council re all the tickets separately.

Then i get a few separate letters from marstons baliffs with warning me to pay,

the latest letters from marstons x2 says its now been issued though Northampton

and they have been instructed to collect the debt for the courts .

The balif and his office say their are 5 in total

and have all been through Northampton and they are collecting all 5 .

.again this is quite likely but i have only seen 1 maybe 2 letters none about Northampton and nothing about court dates ..

my car is only worth a few hundred, Renault Megan coupé, no finance on it and nothing has been mentioned about the car ,

he has seen it on the drive before but i have since hidden it, and its not the car in question as that car was sold for banger racing.

i know i have to pay and lesion learned but

how can i pay un installments if they (the balif ) wont accept installments untill at least £400 is paid ..

he calls today at some time between 6am and 9pm ,

i have 3 children all young and a baby , and

i have a very scared girlfriend as she has suffered domestic abuse

and is scared of people like the balif knocking as she feels threatened.

again thank you all so very much i feel better already

Sorry to add they are all from the same council and i do not remember ever having anything about a ccj at all ever .

again thank you all for all your help , i feel more relaxed now and my hearts not jumping with every sound at The door .

I have just contacted the council who say their are 5 that went up to Northampton courts.

she said all their letters where sent to my old address as that's the address they got from the dvla but the balifs had this new address so that's why i have only heard from them...so basically the council have been sending warnings to the wrong address. But she said because the baliff has the correct address i have to deal with them and cant pay the council direct anymore ..

What you need to do is file five Out of Time witness statements.

This is a process you do by post and/or email, through Northampton County Court.

It challenges the bailiff warrants, which you are entitled to do if the notices were not sent to you.

Have a look on Northampton/TEC's website for the forms. Do one for each PCN.

You need to complete the TE7 and TE9 parts for each ticket.

Where it asks for an explanation of why they are out of time,

explain the address issue and state that you received no correspondence.

Give your new address and the date you moved, and if possible, attach proof as well.

The council will then be sent copies of the completed forms by Northampton

and will consider whether to revoke the bailiff warrants and the associated charges.

You stand a reasonable chance, and even if they refuse you can take it further.

But one step at a time - get the TE7/TE9 filed ASAP for each PCN.

Thankyou very much for taking the time to reply to me, i will do that now and post updates as and when .

thank you again

chalton

Hold on. Did the OP inform DVLA of his change of address? If so, DVLA have blundered... again. Also, the OP needs TEC to confirm the addresses the local authority gave and the dates charge certificates were granted. If the bailiffs turned up at nethew address with warrants with the old address on them and TEC had not, at that stage, been informed of any new address and not issued a new charge certificate or permission to the local authority to change the address, that is naughty... very naughty. The very least the local authority and the bailiffs deserve is the imprint of a Size 11 boot on their buttocks.

As anyone that may known will be aware, I have had serious concerns as to how TEC is run and the sad FACT is that it is worse than ever and warrant 'reseal' requests are fast become an everyday event when in reality....they shoud be as rare as hens teeth!!!

In this case the LA should ONLY be permitted to reseal the warrant if chalton's address changed AFTER the date on which the warrant had been issued. As stated by him above, he moved address quite some time ago (so clearly BEFORE and not AFTER) the date on which the warrant had been issued and accordingly the warrant should NOT have been selected for 'resealing' and instead, the LA should have abided by sections (10.69 and 10.71) of the Operational Guidancce and should have RETURNED the warrant back to the LA.

NO.....You cannot be arrested and neither can a prison sentence be imposed. It is a shame that this comment had been said in a phone conversation as the bailiff would very likely deny that it took place. It the bailiff had stated the same in a TEXT MESSAGE now that would be interesting....(and damn serious).

Too right it would, TT. The actions of some EAs leave a lot to be desired. They are either totally oblivious to the legal consequences of their actions or are and hope no-one is savvy enough to notice or will find out. Thank goodness for sites like CAG and your own site.

Thank you for your kind words OB...they are very much appreciated !!!

Hi all sorry for the late reply.

I have filled in the forms x5 and emailed them back .

I changed my address 10 months ago with the car and also I sent a change of ownership form to the dvla after this . But the dvla gave the council my old address as also confirmed by the council.

It also seems some of the tickets where after I sold the car .

I'm just waiting to hear now .

Thanks very much for all the help . It's very interesting to read all your comments on the subject .

It has been very very stressful and caused upset in my relationship and panic.

But thanks to all of you here I can see the light at the end of the tunnel .

From the bottom of my heart

Thank you each and every one of you .

Then you need to find out from DVLA why they gave your old address to the council. If they have blundered, which isn't unlikely, make a complaint. If the explanation you receive is unsatisfactory, then complain to the ICO.

It might be an idea to ring the ICO's Helpline tomorrow and see what they say. According to someone who has rung them recently, they found them to be very helpful. They can also explain the complaints process to you in the event you have to report the matter to ICO.

I can vouch for the ICO. I rang them a few months ago on a completely unrelated matter, and they couldn't have been more helpful.

I can vouch for the ICO. I rang them a few months ago on a completely unrelated matter, and they couldn't have been more helpful.

Agree with you entirely. I rang them last year on behalf of someone else and, as you say, they couldn't have been more helpful.

They are certainly using their new powers to good effect and, boy, aren't those who used to treat them and data protection as a joke squealing when ICO hits with a hefty fine.

The reason the DVLA gave the "old" address is because that was the keeper detail on the day(s) the PCN was issued. They aren't interested in who owns the car now nor where they live. It's correct procedure, not a blunder, and the stat dec/witness statement process exists to resolve it.

The reason the DVLA gave the "old" address is because that was the keeper detail on the day(s) the PCN was issued. They aren't interested in who owns the car now nor where they live. It's correct procedure, not a blunder, and the stat dec/witness statement process exists to resolve it.

It would help if the OP could post up the dates on the PCNs. If any these are more than 28 days from the date he notified DVLA of change of ownership, then DVLA do need to be asked what details they supplied to the local authority/authorities concerned.

The DVLA need to wind back the clock and provide keeper details as they stood when the PCN was issued. When he advisd them of the new address, and whether it was within 28 days is irrelevant, and I don't know where that comes from. If he got a PCN on January 1, they will give the keeper detail as per January 1.

The DVLA need to wind back the clock and provide keeper details as they stood when the PCN was issued. When he advisd them of the new address, and whether it was within 28 days is irrelevant, and I don't know where that comes from. If he got a PCN on January 1, they will give the keeper detail as per January 1.

Given DVLA's talent for losing and mislaying documents and, generally, cocking things up, I wouldn't rule out anything . What we need are the dates of each PCN, the date the OP sent notification of change of address to DVLA and the date DVLA received it.

It doesn't matter a jot what the dates are. Why do you keep saying that? What are you basing it on?

It doesn't matter a jot what the dates are. Why do you keep saying that? What are you basing it on?

I think what old bill is trying to get at is...

OP sells the car on 1st June, sends off the logbook to the DVLA on 7th June (or later). New owner gets parking tickets on 2nd, 3rd, 4th, 5th & 6th June.

PPC (for example) contact DVLA, who say, ahh yes, Mr OP was the RK on those dates, write to him at this address, thank you very much that'll be £12.50 please. Despite the fact that the OP no longer owned the vehicle or had any control over where it was parked.