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Bailiff Advice

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Bailiff Advice last won the day on July 8 2016

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  1. I would suggest that before going any further that the OP waits until Tuesday to speak with the Traffic Enforcement Centre for clarification on the exact name and address on the warrant.
  2. My point entirely. The Limited Company no longer exists. It's bank account has been closed and it cannot pay it's debts. There is NO Director. Therefore, neither Mr Rattlywelshboy or anyone else has the legal authority to sign an Out of Time statutory declaration.
  3. There is a huge amount of misunderstanding about an Out of Time statutory declaration (or witness statement). In simple terms, it is a formal request to ask that the debt registration (and bailiff fees) be cancelled, and a new penalty charge notice issued because there had been a MISTAKE at an earlier stage in the PCN process (most usually; that all previous correspondence had been sent to a previous address etc). Despite the fact that these are court documents, it is unfortunately the case that motorists draft these forms for the same reason that you have outlined above (believing that the clock will be reset back to when the PCN was originally issued). Let me be clear...this is NOT the case at all. Only if the local authority are willing to give their permission allowing you to file a witness statement LATE will the debt be cancelled and a new PCN issued. And unfortunately, in excess of 65% of these applications are REJECTED. The reason is almost always because of poorly drafted forms. Anyone considering submitting an Out of Time witness statement should take ADVICE beforehand. One point that I should make is that is would not matter who was driving the car on the date of contravention. Liability rests with the registered KEEPER (which would be the LIMITED COMPANY) and not the driver.
  4. Let me be clear here.....the vehicle was registered in the name of a LIMITED COMPANY and as such; was owned by the Limited Company that is now dissolved. End of the matter. The debt cannot be enforced. If it is the case that the registration document also records the name of Mr Rattlywelshboy then it would be clear to me that this would merely refer to you as being the DIRECTOR of the limited company . It cannot in any way turn a limited company debt (or asset) into a personal one. I would suggest that you call the Traffic Enforcement Centre when they open on Tuesday and ask them to confirm the precise name and address on the warrant. You might want to ask them whether a request to reissue the warrant had been made.
  5. It is important to know about the contents of the letter from Equita. This is because; if the letter stated that you have until 5th May to contact them (supposedly to either pay or to SET UP A PAYMENT ARRANGEMENT) and visited TWO DAYS EARLIER on 3rd May, then the enforcement fee of £235 cannot and must not be charged as should be removed. What is the title of this notice? Is it called a Notice of Enforcement? If so, what date was it issued? There should be a precise TIME and DATE when contact has to be made. What date and time is given?
  6. Let me get the bad news out of the way first: Legislation does not provide for a local authority to accept a payment arrangement before a debt has been passed over to a bailiff and in fact, this has been outlined in a Local Government Ombudsman's decision. If the council had accepted a payment arrangement from you in 2017, this was an exceptional and unusual step. You mention that you received a letter from Harrow Council fairly recently (in April). Unless the letter had been a statutory notice (such as an Order for Recovery) then this would have also been very unusual. Can you please let us know what exactly the letter said. This is important because; only a few weeks later you received a letter from Equita.
  7. You mention that the paperwork provided by the bailiff was in the name of your 'old company'. and that the vehicle was registered in the 'company name' and lastly, that 'the company' was closed down and dissolved in August 2018. This is all very confusing indeed. Can we just be clear....was the company registered as a Limited Company? At the time of the contravention, was the vehicle registered on the V5C (Log Book) in the name of the Limited Company? Since the 'company' was dissolved in August 2018, what has happened to the vehicle? Is it still registered in the name of the Limited Company? Has it been sold?
  8. Although the advice that you have provided is helpful, the fact is; once a warrant has been issued and passed to bailiffs, it is extremely rare for any local authority to agree to 'waive' enforcement fees and accepted payment direct. In your particular case, you mention that you have submitted an Out of Time witness statement. Did you contact the council and ask if they would accept payment direct (minus bailiff fees?)
  9. Welcome to the Consumer Action Group forum. The application that you are referring to is called an Out of Time witness statement (or; depending on the actual type of contravention; an Out of Time Statutory Declaration). Crucially, before being able to submit such an application, our poster; Cosmicdancer would need to know what type of contravention the Penalty Charge Notice relates to. I have asked him to contact the council for this information. He hasn't as yet responded. If the debt is for 'parking', Dart Charge or Merseyflow penalties, the forms required would be TE7 & TE9. If on the other hand the penalties relate to 'moving traffic offences' (bus lane, box junctions etc), then forms PE2 & PE3 would be required. There is a significant difference between both applications. Forms TE7 and TE9 can be submitted to the Traffic Enforcement Centre by email and as long as they are received at TEC by 4pm, will be PROCESSED that day and bailiff enforcement would be placed 'on hold' by early the following weekday. Forms PE2 and PE3 would need to be printed off and taken to either a County Court or local solicitors to have the signature witnessed. The sworn forms would then need to be scanned and emailed to the Traffic Enforcement Centre. Secondly, there is actually no need at all to telephone the Traffic Enforcement Centre. The forms are available to download from their website. When calling TEC you do NOT ask THEM for permission to file an Out of Time application. It is the LOCAL AUTHORITY who make the decision whether or not they are wiling to accept the witness statement being submitted late. If the completed forms are submitted to the Traffic Enforcement Centre by 4pm, the motorist will receive an email from TEC as confirmation of safe receipt. A letter outlining the decision (on whether the council are willing to allow you to file your witness statement LATE) should be received around 4 weeks after submitting the forms. Lastly, as Cosmicdancer has 8 penalty charge notices, he would be required to submit a separate Out of Time application (Forms TE7 and TE9) for EACH penalty. Furthermore, each application MUST be sent by individual email to TEC.
  10. In this particular instance, Marston's are enforcing a High Court Writ of Control on behalf of Southern Water.
  11. You mention that your name is Mr D Axxxs and the person named on the warrant is a Mr D Rxxxs. I cannot see how you would consider that the names 'are similar'. They are not. A council tax bill with your name should be sent as soon as possible.
  12. In addition to the notices on the car, you would have also been sent approx. 3 letters for EACH penalty (Notice to Owner, Charge Certificate and Order for Recovery). As you have the PCN numbers, have you visited the local authorities website to see whether they have pictures of the contraventions?
  13. i wouldn't worry too much about uploading the letters. It is clear that you have incurred 5 penalty charge notices for various road traffic contraventions over a period of just 2 days. Each Notice of Enforcement should provide a brief description of the contravention (parked without displaying etc and parked in loading bay). Each of the contraventions relating to 'parking' would have meant that notices would have been stuck on your windscreen. Gone are the days when hooligans would remove tickets left under windscreen wipers. Now, tickets are enclosed in a sticky backed envelope and trying to remove them is not that easy. I am assuming the other contraventions may have been for what is called a 'moving traffic' offence (driving in bus lane etc). As you had received one notice from the council before Xmas, I would assume that the address held for you at DVLA is correct? Have you moved in the past year or so? Have you checked to see that your V5C (Log Book) is correctly registered to your address?
  14. If fees have been charged when they should not have been, the regulations do indeed provide for what is called 'Detailed Assessment'. This is where an application is made to the court and a Judge will examine the fees charged to establish whether or not there has been any overcharging. In the first instance, such an application is not free. There is a court fee of around £300. With the recovery of council tax arrears, magistrate court fines or unpaid parking penalties, Detailed Assessment applications are almost unheard of. This is because; the fees chargeable are clear as day (£75 Compliance Fee and £235 Enforcement fee). Detailed Assessment may be more common in cases of High Court enforcement. Such applications can also be very risky for individuals. Without exemption, High Court enforcement companies will employ barristers to represent them at hearings. You will not find a solicitor wishing to represent you with such an application on a 'no win, no fee basis'. In 2014, when the regulations were overhauled, a major change took place in that all High Court Enforcement Officers were required to obtain a bailiffs certificate. Accordingly, if there has been any wrongdoing (such as charging excessive fees) a complaint can be made against the individual to the County Court that grated his certificate. There is no fee to pay. However, before even considering this route, it is important that you write to the enforcement company to ask them to explain in detail what steps were taken by them to justify charging the Second Stage fee and Sale Stage fee. In your letter I would suggest that you point out that you require this information because, at this present time, you are seriously considering making a formal complaint to the County Court that granted the certificate to the officer.
  15. Given the popularity of this forum, I should perhaps mention that sadly, it is becoming more and more common to find High Court enforcement companies routinely attempting to charge either the Second Stage fee or both....and I can see why. I don't intend to mention any particular company name (as regulars on here will know precisely which company I am referring to) but there is one company in particular who are known to request ALL fees at the initial visit. And they attempt to charge such fees as soon as they arrive at the property. With the public unaware of their rights, they get away with it...and in doing so, other companies will try to follow suit.
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