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:

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.

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'.

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?

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.

When did you get the letter from DVLA and what exactly does it say? This changes everything. So the vehicle in question, belongs to a hire company. You need to get back to TfL as soon as possible. They have confirmed to you that they have received a copy of 'a valid hire agreement' from the hire company with your name on it. Excellent.......You need a copy of this 'hire agreement' right now. They must provide it to you.

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

I have just sent a message to one of the moderators for you.

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?

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.

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.

I am confused as to why you had paid a fee of £275 to have a 'review' of the rejection of an Out of Time Application. In the past two years since Covid 19, I don't know of any motorist who has decided to seek a review by way of a PERSONAL hearing in court. The correct procedure would have been for you to seek a 'review' 'Without a Hearing', the fee would have been significantly less and you would have received a response within a few weeks. Second point: In relation to the tickets for TfL unpaid congestion charge fees, you have the PCN numbers (which would start with TZ and be followed by 8 numbers). You also have the vehicle registration number. Have you viewed the actual contraventions on the TfL website in order to ascertain the make and model etc of the actual vehicle itself? I am making separate posts so as not to confuse matters. I have just read your initial post a 2nd time. You mention that you have tried speaking with TfL but that they cannot assist you as you do not have the PCN numbers. Is that still the case? If so, have you called CDER Group to request the PCN numbers? They MUST provide this information to you!! As you clearly have the vehicle registration number, then surely TfL should have been able to let you know whether or not there are any further penalties outstanding against this vehicle registration mark (VRM).

Its best to request this information from the council. If the council have instructed the enforcement company to council a specific amount, then the bailiff is legally within his right to collect that sum...and add their fees as outlined in legislation (£75 Compliance Fee and £235 Enforcement fee). Until the council instruct their agent to cease enforcement, then your vehicle is at risk.

Just to clarify the position regarding the question as to whether a bailiff is legally permitted to seize a vehicle that is far in excess of the amount of debt requested. In this case, the council tax debt at the time of the Notice of Enforcement was £500. Unfortunately, instead of contacting the company to enter into a payment arrangement, the matter was left and had resulted in a bailiff making a personal visit and the debt has now increased to around £750. From your initial post, your car could be worth approx £5,000. Vehicles are of course a preferred asset to seize. However, the legal position is that if the bailiff is able to gain 'peaceful entry' into your home and by doing so, is able to seize sufficient goods to clear the debt and bailiff fees, then he should not touch the car. If however, he is unable to gain entry....OR....there are not sufficient goods in the property to cover the debt.....then he is legally permitted to remove (and sell the vehicle). You need to be aware that a £5,000 car would likely raise significantly less than this when sold. Enforcement agents sales are generally auction sales (usually online). Because it would not be likely that the vehicle is sold with a V5C (Log Book) or service history, this would affect its sales price. From any sale, the enforcement company would need to deduct approx 14 days of storage fees (this could be up to £40 PER DAY). Auctioneers fees would also be deducted.

Thank you for responding to my private message. In the first instance, your forms read very well. Well done. Whenever an Out of Time Application is submitted, the NAME must be the same as the one stated on the Penalty Charge Notice. In your particular case, you have a foreign first name and surname. It would appear that when the vehicle had been registered, the Log Book was issued with two very slight mistakes in your name. Your first name had an error with the first letter and the surname had a slight error as well in that instead of the letter Y it was registered as letter J. I can assure you that in most cases, the Traffic Enforcement Centre would not even notice the mistake. There is 2nd mistake as well but I would not bother with changing that. On the Form PE3 where it ask for the name of the Applicant....you are supposed to state in this box the name of the local authority which issued the ticket. You provided your full name in this box. It is an extremely common mistake so I would not worry. The other mistake that you made was that you did not need to also provide any middle names. As your driving licence is in your correct name, that should be sufficient for TEC to confirm to them that you are the same person.

Private message was certainly sent.

TR4SPY I have a pm message. DX...Sorry, I was confused by your response.

It was only a suggestion. I understand your objection.

DX, Clearly there is a problem with the name provided on the forms. Are you OK with me sending a private message to the poster?

Just a suggestion: I only became aware of this Penalty on 8th November 2021 when I received correspondence from a bailiff company at my current address. From enquiries made, all previous notices from the council had been sent to my previous address at xxxxx. I was unaware of the correspondence as I had moved from that address following the break up of a long time relationship (5 years) with my ex partner. When the relationship with my ex partner ended, I allowed her to keep the vehicle as it was vital to her employment. It is now clear that all contraventions were incurred by her without my knowledge. I would like to emphasise that the vehicle in only worth approx. £200. I would like to stress that when moving, I updated my driving licence. I was not aware at the time that there was any need to also update my V5C (Log Book). With moving address, I have been unable to locate the V5C and have since applied to DVLA for a duplicate.

We don't really need to actually see the forms, but it may he helpful if you 'cut and paste' on the forum what you have stated in the 'reason' box on one of the PE3 forms. Have you typed or handwritten the forms? As DX has quite rightly stated, solicitors charge a fee for witnessing these documents. The charge is £5 per document. You have 13 Out of Time Statutory Declaration which amount to 26 pages. At £5 per document you are looking at £130. County Courts do NOT make a charge but there are pitfalls to consider if you wish to take this option: Many courts will not witness the forms without a prior appointment. Only today, a motorist informed me that the earliest appointment that he could get to witness his forms was for 19th November. Secondly, many courts will limit the number of forms to no more that 5 or 6 applications at a time. It would be worth your while calling your local County Court in the morning to make enquiries.

@TR4SPY You are confusing matters. What you have received is a Notice of Enforcement from Newlyn's. You have already mentioned a number of times that all 13 Penalty Charge Notices relate 'BUS LANE' contraventions. Therefore, you should be ticking box number 2 (Enforcement Notice (Bus lane contravention). On the PE3, you should provide a short version of what you intend writing in the 'reason' box on form PE2.

The majority of these applications are REJECTED and almost always, because motorists fail to provide a REASON as to WHY they had failed to submit their Statutory Declaration at the right time (on receipt of the Order for Recovery). It is not good enough just to state that all notices had been sent to a previous address. The OP would need to explain HOW he came to know about the tickets. Next...and this is always the tricky part.....he would need to explain WHY he had failed to update his address details with DVLA. If he has updated his driving licence (which by the way......most people do so when moving....then mention this and apologise for not realising that he also needed to update his V5C (Log Book). In this particular case, he should keep the personal details as to why the relationship ended to himself and instead; simply state on the forms that he moved address following the break up of a long term relationship (5 years) with his ex partner and that due to the stress of the relationship ending, and the UK being placed into nationwide 'COVID 19 lockdown' that he had failed to update his new address on the V5C. Important also to mention that when the relationship ended, he allowed his ex partner to keep the vehicle as it was vital to her employment and that it is now clear that all contraventions were in fact when she was using the car. I would stress that the vehicle is only worth approx £200. Important to also stress that you are unable to update DVLA as you are unable to locate the V5C and as a consequence, you have have to make an application to DVLA for a duplicate. @TR4SPYYou will be required to provide a PE2 and PE3 form for EACH PCN number. As there are 14 PCN's, you would be required to send 14 separate emails to the Traffic Enforcement Centre (one PE3 and PE3 in each email. Make sure as well that when sending the forms to the Traffic Enforcement Centre that you ensure that in the email subject box that you provide the following words. Out of Time Statutory Declaration....PCN number xxxxx

I have only just seen your enquiry and will provide advice in the morning. In the meantime, please note that Out of Time Statutory Declarations may only be submitted by you and NOT by your ex. How much roughly is the car that she is using worth? Are you able to locate the V5C (Log Book)?

The new Guidance from MOJ applies to all new cases from 13th October 2021. The Ministry of Justice has stated that it intends to shortly lay a Statutory Instrument to turn the new guidance into legislation by amending the Taking Control of Goods (Fees) Regulations 2014.