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Bailiff Advice

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  1. It is my understanding that the period of '14 days' would be from the date of service of the Court Order (which has not yet been sent). I noticed that you have also mentioned that you have moved again. Have you make arrangements to ensure that the court order will reach you?
  2. As this is a different Penalty Charge Notice, a further Out of Time Applications needs to be submitted. You need to ask Waltham Forest for the vehicle registration number of the vehicle involved in this particular contravention. You also need to ask them to provide a copy of the vehicle Hire Agreement that should have been provided to them by the hire company. Lastly, you should ask the council to confirm what address their initial notices had been sent to.
  3. You have confirmed that you received the initial Notice of Enforcement and that following receipt, you chose not to take the steps outlined in that notice (to pay the enforcement company using the bank details as outlined). Instead, you chose to ignore the notice and pay the council instead. Once a Notice of Enforcement is issued (which you confirm receipt of), the bailiff fees FORM PART OF THE DEBT. BY paying the council direct, you have merely made a part payment. It is irrelevant what the council are saying to you. From any payment made (even if made to the council), the Compliance Fee of £75 must first be deducted. Only a few years ago, there was a major legal case involving this very subject which I had posted about on the forum. The decision involved Newlyn's and the outcome of the hearing was very clear......paying the court direct will NOT mean that bailiff fees can be avoided. In that particular case, the debtor lost many thousands of pounds in taking the matter to court. If as you say, you paid the council direct on receipt of the letter, then as long as you also paid the £75 Compliance Fee, no further action would have been taken. By trying to avoid paying £75, a visit appears to have been made increasing the amount due by way of an Enforcement Fee of £235. On the Notice of Enforcement, there will be a date of issue and a separate date by when payment must be made. Can you respond to the following: What date was the Notice of Enforcement issued? What was the 'cut off' date and time by when payment must be made? What was the exact date that you paid the council direct?
  4. As TEC have not as yet received a copy of the Court Order, then enforcement of the warrant would still be 'on hold' so I would not worry at this stage. Please do post back once you have received the Order. PS: I am adamant that TEC do NOT require a fresh TE9!!
  5. This is complete madness. There is NO Judgment recorded against you. I am assuming that what TEC are referring to is that they require a copy of the Order from the Court that held your hearing. Have you spoken to the Court? I would suggest that you do so.
  6. I will ATTEMPT to keep my answer simple. If a PCN remains unpaid after 28 days, the motorist loses the right to appeal or to pay at the earlier discounted rate. A Charge Certificate will then be issued and the debt increases by 50%. If payment is not made within 14 days, the local authority may REGISTER the debt at the Traffic Enforcement Centre. A 'registration fee' of £9 will be added. Registration does not mean that a judgment will be entered. When registering the debt, the local authority will issue a 3rd notice called an Order for Recovery. The motorist has 21 days to EITHER...pay the amount outstanding....OR...file the attached Statutory Declaration (or Witness Statement). A valid Statutory Declaration (Witness Statement) submitted within 21 days will ALWAYS revoke the debt registration. It is important to stress that this will not mean that the PCN itself is cancelled. The local authority can then reissue the original PCN and the motorist may then either appeal...or pay at the earlier rate. A Statutory Declaration /Witness Statement (form PE3 or TE9) may still be submitted AFTER 21 days, but it will have to be accompanied by an additional form called Form PE2 or TE7 (Application to file a Statement Out of Time/Extension of Time). Such an application will NOT automatically revoke the debt registration. Instead, TEC will forward the application forms to the relevant local authority and the council are given 19 business days in which to decide whether they are willing to accept the reason given by the motorist as to why they could not file their Witness Statement/Stat Dec within 21 days. If the local authority refuse to accept the reason given, the motorist can then file an N244 Application. There is a fee to pay of £109...or £275 for a hearing in person. In your case, the District Judge has decided to EXTEND THE TIME in which you can file your application (Forms TE7 and TE9). TEC will now process the original forms already filed. You are NOT required to submit new forms. If they wish, Redbridge Council may re-issue the PCN to you (at the earlier rate). You will then be able to either pay...or appeal the contravention. Sadly, you will not be able to claim back the £275 court fee.
  7. You are correct, there is almost nothing available online for this company. However, (and it could be a coincidence) but a google search on one of the directors does reveal a Gumtree advert for '71' plate electric cars for rent that are 'UBER ready' and PCL Approved'. Might be worth a look.
  8. Since you last posted almost 3 months ago, has there been any further development on the PCN's issued by Transport for London? Have you received a copy of the supposed 'rental agreement'?
  9. Whatever you do, do NOT submit either another TE7 or TE9 !!! As the Out of Time application for the Redbridge PCN had been rejected, you were given the option of seeking a 'review' of the rejection by way of an N244 Application. In seeking a 'review' you would be required to outline REASONS as to WHY you considered that the application should NOT have been rejected by LB of Redbridge. The letter from the Traffic Enforcement Centre (advising you of the rejection), does NOT provide the REASON for rejection. Instead, you would need to rely upon the Statement of Truth from Redbridge. I suspect that Redbridge failed to provide you with a copy. Before filing the N244, you should have requested a copy. TEC could also provide a copy to you (they were charging a fee of £10 for such requests....I believe that the 'photocopying' charge has recently increased). An N244 is a general application. What were you requesting from the court? What information did you provided on your application? Almost certainly, you need to wait to receive the formal Order from the County Court. The Court will also send a copy to TEC.
  10. Thank you for clarifying the position. As outlined in my above post, Out of Time applications are therefore applicable.
  11. In my post number 11, I did mention that I would be very surprised if Croydon Council cancelled these PCN's and instead, they would advise you to submit Out of Time applications. I also mentioned that without knowing what type of offence the PCN's had been issued for, I could not advise you whether you would need to file an Out of Time Witness Statements (forms TE7 and TE9), or alternatively, Out of Time Statutory Declarations; (forms PE2 and PE3). Now for the difficulty...... In the vast majority of Out of Time applications, the REASON for filing the applications is because the motorist only became aware of a PCN when receiving a letter from bailiffs or even a personal visit. Worse still, when the motorist finds that his vehicle has been immobilised. Enquiries will usually find that the REASON why the motorist had not received any previous notices....was because all correspondence had been sent to the address where his vehicle has been REGISTERED to on the contravention date. This would usually be a PREVIOUS address. The mistake that the motorist had made would be that when moving, he had failed to update his V5C (Log Book) with DVLA. Motorists have to update BOTH their Log Book AND Driving Licence......and this should be done online via the DVLA website. Wherever possible, avoid sending either of these documents in the post!!! In your case, you have said that you have not moved, and that the address is correct. Granted, there may have been postal delays during COVID, however, for EACH PCN, there would have been 3 letters plus an additional letter from bailiffs (12 letters in total). For one letter to go missing for each PCN is believable, but for all of them to go missing.....not so believable. Are you absolutely sure about the address? Have you checked your V5C (Log Book).
  12. What the council told you is absolutely correct. A single person discount is a very substantial amount (25%) and just because a person may have been awarded SPD in one year, it may well be the case that the following year, the single person's partner may have moved into the house. The single person may have also got married. Most importantly, during the 2 year pandemic, many adult persons moved BACK to their mother's home. Therefore the mother would no longer be entitled to SPD etc. PS: Just a snapshot as to why checks are carried out each year regarding entitlement to Single Person Discount.
  13. This is a very important subject and I really must set the record straight. If it is the case, that I had previously advised on the forum that a person who has received a Notice of Enforcement should pay the council direct (instead of the enforcement company), then the advice given is WRONG. In fact, there is a very detailed thread that I started regarding this subject (paying the council direct) and where the debtor has lost a case in court and had significant court costs. Once a Notice of Enforcement has been issued, then payment is due to the enforcement company...together with the £75 Compliance fee. If payment is made to the council, then almost all local authorities will forward that payment to the relevant enforcement company. This is because; from any payment made, the Compliance fee of £75 must first be deducted and the balance apportioned on a 'pro rata' basis (split between the council tax debt and any remaining bailiff fees).
  14. By all means call the council but I would be absolutely staggered if they were to agree to withdraw a warrant (or to allow you to make a repayment proposal with them). The reason why, is because of the wording under Item 11 of The National Standards for Enforcement Agents 2014 which states as follows:
  15. I forgot to respond to your comment about the vehicle being needed for your employment. The Taking Control of Goods Regulations 2013 states that a vehicle is exempt if it is 'necessary for use personally by the debtor IN the debtors' employment, trade, profession, study or education'. The important word is 'in' the debtor's employment. If a vehicle is needed to get to and from work...it would not be considered 'exempt'. Secondly, a vehicle will not be considered 'exempt' if its value exceeds £1,350.
  16. You mention that you had been involved in two contraventions on the same day......one for parking and the other for driving into a bus lane. You paid the parking penalty leaving the bus lane one unpaid. You also confirmed that you HAD received notices regarding both offences. I notice that you have also recently moved address. If you had not been at the address to receive notices from Lambeth, you would ordinarily have grounds in which to file an Out of Time Statutory Declaration (forms PE2 and PE3). However, given that you had received all notices, I would very much doubt if your application would be accepted. Your reference to the warrant no longer being 'valid' is an interesting point. The legal position is that if a bailiff is made aware of a new address, he should return the warrant back to his client (in this case; Lambeth) and they will make a simple request to the Traffic Enforcement Centre to obtain permission to have the warrant 're-sealed' to your new address. HOWEVER.....and this is the important point.....the vehicle is located on a 'highway' by way of ANPR, the current warrant would be valid and your vehicle can be legally 'seized'.
  17. I would be very surprised indeed if Croydon Council would agree to cancel this penalty. Instead, if you had not received any of the statutory notices, they would advise you to complete EITHER an Out of Time Witness Statement, or alternatively, an Out of Time Statutory Declaration. Without knowing what the contravention relates to, you cannot file any application. In submitting either application, you would be required to provided a REASON as to why you would not have received the Penalty Charge Notice. Has there been a change of address etc?
  18. I am really pleased to hear that the council have instructed the enforcement company to accept a payment arrangement of £50 per month. Once that has been set up, it may be wise to look into the reason why a Notice of Enforcement had not been received. I am so sorry to hear about the loss of your employment. Were you not entitled to make a claim for benefits (which would have included council tax)? If the council tax arrears is your only debt, then like other advisors on here, I would urge you not to rush hastily into 'downsizing'. PS: I hope that you receive some good news on the employment front very soon.
  19. It is very common for parking penalties to be issued against a hire company and what happens when this occurs is this: A Penalty Charge Notice would be issued against the registered keeper of the vehicle. Purely for the sake of example, a vehicle had been hired from Zipcar. The Penalty would be received by Zipcar and once received, Zipcar would return the Penalty back to Transport for London (for example) and request that Liability be transferred to the vehicle hirer. They would provide the name and address of the hirer and this information would come from the Hire Agreement. It is not easy for a hirer of the vehicle to provide somebody else's name as the hirer. This is because; almost all vehicle hire companies, will also request sight of the hirer's DRIVING LICENCE. The reason for this being that Zipcar would need to satisfy themselves that the hirer: 1. Held a valid driving licence 2. That the hirer was not banned from driving 3. Was a UK resident. The hire company would also request a valid credit or debit card. As I have advised before, you really should call Transport for London. When doing so, you would need to provide the PCN number and vehicle reg number for one of the tickets. Simply ask the operator to confirm the precise name and address where the INITIAL Penalty Charge Notice had been sent. If the operator refuses to assist you, I would suggest that you advise him or her that you will be looking to make a Formal Complaint
  20. Thank you for your response. As you have never owned a vehicle in the UK, then CDER Group would have immense difficulty in enforcing any of the TfL warrants (or any other warrants that other companies may be enforcing). How long have you been waiting for the DVLA letter?
  21. As I mentioned in my post last evening, without the letter from DVLA, I cannot see that Out of Time Statutory Declarations would be accepted. I appreciate that DVLA are taking quite a while to provide a letter to you. Prior to COVID 19, it had been the case that DVLA would provide these letters (which by the way.....are VERY common indeed) by return email. Sadly, that is no longer the case as many DVLA staff have been working from home for the past 12-18 months. Please remember that CDER Group cannot force entry into your home. Although they can seize goods, this would almost always be a motor vehicle and in this respect, they would be seeking to clamp or remove the vehicle that had been involved in the TfL contraventions. Well clearly they are not going to find this vehicle outside of your home !! Although bailiffs can remove goods form INSIDE a property, they can ONLY do so if you either leave the door open or them...or your INVITE them into your home. Both should be avoided. And in any event, because of COVID, bailiffs are NOT wanting to enter residential properties, so please do not panic. PS: These type of debts do NOT lead to court judgments and are not recorded with credit reference agencies either.
  22. Having the PCN numbers would allow you to be able to file Out of Time STATUTORY DECLARATIONS (not witness statements). You would need the forms PE2 and PE3 (not forms TE7 and TE9). However, there is absolutely no reason for submitting these appeals at this moment in time. Whilst it is helpful that you have a letter from your employer confirming that you had been overseas between the period of 28th Feb to 6th August, this will merely give you grounds in which to file Stat Dec's (on the basis that you were not in the Country at the time that the Penalty Charge Notice had been issued). This will NOT be sufficient to get the penalties cancelled. The reason being that according to Transport for London you are the registered keeper of a vehicle that had entered the TfL congestion charging zone without making payment of the daily fee. It is not the responsibility of the driver to make payment....it is the registered keeper. Until evidence is provided otherwise, you may have been out of the country but had allowed a friend/relative etc to have the day to day use of the vehicle. It is precisely for this reason that any Out of Time Application must wait until such time as you have received a letter from DVLA confirming that your name and address have been removed from their records as having any association with this vehicle.
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