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Bailiff Advice

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Everything posted by Bailiff Advice

  1. I do apologise for not visiting the forum sooner to provide advice. At the present time (COVID 19 etc), bailiff enforcing court fines are NOT allowed to enter properties. This is a short term measure and will likely be re-considered in the coming months. Therefore, there should be no need for anyone to consider getting a Statutory Declaration to prove ownership of goods etc. Until that time, bailiffs may still seize goods outside. Clearly, a motor vehicle belonging to the debtor would be the preferred target.
  2. At least you are being honest. Once the account is received from the council, a Notice of Enforcement will be sent and this will include a statutory 'Compliance fee' of £75. The NoE will state upon it the date (and time) by which you must either: pay the amount stated on the NoE in full, or alternatively; set up a payment arrangement. If payment is not made by this date, then the account is passed to an enforcement agent. A further 'reminder' letter is not sent. At the time of the personal visit (which in your case; was on 16th April), a statutory enforcement fee of £235 is added
  3. As a Liability Order had been obtained on 12th January, it would be usual for the local authority to pass the debt to their chosen Enforcement within a few days and if so, you should have received a Notice of Enforcement a few days after they had received instructions (probably around the end of January). You need to call the council and ask them the following information: What date was the account passed to B&S? What address would notices have been sent ? If they have the information.....what date did B&S send the Notice of Enforcement to you.
  4. To avoid any further confusion here, TFL would NOT have the driving licence from the hire company. That is not how it work. TfL would have issued a PCN as the daily CC charge had not been paid. The PCN would be sent to the address of the Registered Keeper...in this case; the hire company. When hire (or rental company) receive a PCN, they will respond to request that liability be transferred to the HIRER of the vehicle and as such, would provide the name and address of the hirer. Somehow, your address.......(but not your name) has been linked. In the first instance, th
  5. I have now read your other thread outlining the legal dispute regarding the vehicle. What a dreadful situation. Have you actually checked as to what has happened to the vehicle? Has it been scrapped...has it been repaired and a new Log Book issued? Just curious....
  6. The forms that you would need (either forms TE7 and TE9) or forms PE2 & PE3, depend entirely on the actual contravention itself. If the offence was for a 'moving traffic' offence, (ie: an offence that would have been detected by CCTV camera), then; with a couple of exceptions, the forms would be PE2 and PE3. If however, the offence had been for parking, then forms TE7 and TE9 would be required. PS: The 'exceptions' for moving traffic offences would be for Merseyflow and Dart Charge penalties. In both cases, forms TE7 and TE9 would be required.
  7. Would you mind letting us know when this particular incident happened. You mention that you have written 3 letters of complaint and that the enforcement company have IGNORED them. Can you provide more details on this. For example, did you receive responses to each letter?
  8. Whilst you are right UB that an enforcement agent can gain 'peaceful entry' into a property, this is not exactly what is expected during the COVID 19 pandemic. Since, March (when we had the 1st 'lockdown') this is the first case that I have come across where a bailiff has entered a property. This is very odd indeed and appears not to be in line with the recent Guidance for enforcement agents during COVID 19. If it is the case that complaints to the enforcement company have been rejected, then the enforcement company should have given the OP the option of EITHER asking that the
  9. Given the popularity of this forum, for anyone else reading this post could you please note that Out of Time Witness Statement forms (TE7 and TE9) do NOT require a signature to be witnessed. On the other hand, if an Out of Time Statutory Declaration is required (Forms PE2 and PE3), the forms require that a signature be witnessed (by a solicitor).
  10. For the sake of clarity, the most common debts that CDER enforce relate to parking and road traffic contraventions; most commonly, for Dart Charge and Transport for London (amongst many others). Would this give you a clue as to what debt is being enforced? PS: CDER used to be called JBW Group. The word CDER is pronounced as: Sea....Der
  11. Is there a reason why you believe that the debt relates to a Student Finance loan? Have you received previous communication about this debt from a debt collection company? For the sake of clarity, the most common debts that CDER enforce relate to parking and road traffic contraventions; most commonly, for Dart Charge and Transport for London (amongst many others).
  12. As I understand it from your above post, you are taking just the three PE3's to get witnessed this morning. Is that correct or are you taking the 'Out of Time' Statutory Declaration as well? For the 'in time' Stat Dec's ( the 2 Ealing and 1 Camden tickets) you merely need to ensure that you tick box number 1 (I did not receive the Penalty Charge Notice) and in the 'reason' box state: 'I would like to request that the debt registration be cancelled and a new Penalty Charge Notice issued as I was unable to pay the charge at the earlier discounted rate as I only became aw
  13. Can I just correct you here DX. If a motorist is submitting an 'In Time' Statutory Declaration' (in other words, the Stat Dec is submitted to TEC within 21 days of the Order for Recovery being issued, then he will only need to provide a brief outline such as: 'I would like to request that the debt registration be cancelled and a new Penalty Charge Notice issued as I was unable to pay the charge at the earlier discounted rate as I only became aware of this moving traffic offence a few days ago when I was able to collect items of post from a previous address'.
  14. Can I just be clear here... The Barnet contravention dated 22nd Oct 2019 requires both the PE2 and PE3 but the other 3 PCN's only require the PE3. In other words, you only have to submit ONE Out of Time Statutory Declaration and for the other three contravention, they only require a Statutory Declaration. If I am correct, the good news is that for the 3 contraventions where you are still within time to submit Statutory Declarations, these will AUTOMATICALLY be accepted and new Penalty Charge Notices will be issued by Camden and Ealing Councils allowing you
  15. I cannot tell you how many enquiries, identical to yours we have dealt with on this forum. Once again, if payment is made after a warrant is issued and passed to bailiffs, then any payment made to the court of just the fine amount (minus bailiff fees) is simply forwarded by the court to the relevant enforcement company. And here is the most important piece of information to remember: Lets say for example that the bailiff requested a sum of £425 and that this was broken down as to £350 for the fine and £75 for the Compliance Fee. The debtor then makes paym
  16. Can you provide some background information please. When was the ticket issued? Did you receive the initial parking ticket on your car? Did you appeal online to the council? Did you receive confirmation of safe receipt? When roughly was this? Did you receive any further notices regarding the penalty (such as: a Charge Certificate and an Order for Recovery? Did you receive any previous correspondence from Bristow & Sutor?
  17. It would appear that you have also been confused by the OP's posts. The Out of Time application has only just been submitted. A decision will not be known for approx 6 weeks. If accepted, Marston's will repay the money (as they usually do).
  18. And then , there is the confusion in your posts regarding the The Traffic Enforcement Centre). Over two weeks ago (on 3rd September) you stated that the previous Wednesday, TEC had CANCELLED the PCN. Yesterday, you state that "TEC had missed one of the documents' and that your Out of Time application had NOT in fact even been processed!! On what grounds would you be submitting an Out of Time witness statement? Why have you waited over 10 months to submit such an application? On what basis were you lead to believe that TEC had CANCELLED the PCN? Did yo
  19. I have to be really honest here and say that your posts are most confusing. When you initially started this thread in November 2019 you had been complaining at the charging of a fee of £235. Ten months later (on 2nd September) you state that a FRESH visit had been made that morning and that a clamp had been applied to the vehicle and that you had to pay the amount outstanding to get the clamp removed. Even though a clamp had been applied you state this: BUT NO EVIDENCE OF THAT VISIT'. As I have said, I am really confused.
  20. You may have missed the OP's post (number 19) on 2nd September where he stated that a bailiff had visited that day, clamped his car and he had to pay the full amount in order to have the immobilisation device removed. Therefore, there is no need at all to involve the council.
  21. Most importantly, when showing evidence that she is not the debtor, your daughter should NOT allow the enforcement agent into her property. She should speak to the agent outside.
  22. If your father had not received any previous notices, it would usually be the case that this would be because all prior correspondence had been sent to a previous address and the enforcement company has now been made aware of a change of address. Could this possibly be the case?
  23. Since 2014, legislation provides for enforcement agents being able to make a personal visits on both Sundays and Bank holidays. An enforcement fee of £235 is the correct charge. If the bailiff returns a 2nd time, he cannot make another charge. The fee of £235 can only be charged once.
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