tiredwithbailiffs
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Thanks for the info, Bailiffadvice and sorry - I only just saw that you had responded. Well, it's certainly reassuring about the APNR as far as my friend is concerned as she no longer owns the vehicle in question.... expiration aside I don't see a way the bailiff can trace her now or cause her any grief. Regarding the expiration, I spoke to the bailiff myself and they did confirm (back then) that the warrant was still live. That said, my own experience with these people/organisations doesn't fill me with confidence that they would ever feel that the truth was necessary. My friend has watched this thread and I know she is grateful as am I for all the help and advice. Although a question may still remain at this stage, we are both satisfied that nothing further is likely to happen now. Thanks for all your input and I look forward (Bailiffadvice) to hearing back from your meeting!
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This went very quiet... As it stands my understanding is that the bailiff's APNR vans can now pick up cars registered in the name of anyone who's ever had an uncollected warrant against them since the rules recently changed irrespective of timescales. There is no expiry to these warrants, so the bailiff companies can continue to accumulate these over years and years making APNR and car-jacking a very lucrative business indeed. BTW, on that, does anyone know what information they cross reference in order to identify a vehicle? I.E. they have a warrant on Joe Bloggs of 5 Rosewood Drive, but he doesn't live there anymore - then they detect a car registered under Joe Bloggs of a different address.... surely they can't assume it's the same Joe Bloggs? My friend's new car is registered to her, but they still don't know her current address. Bailiff Advice, if you have the time your follow up to the previous post would be invaluable. Thank you
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wow, it sounds wonderfully favourable for the bailiffs doesn't it - and clearly they are already taking advantage if this one. So, this is no longer a safety zone for the alleged debtors In that case, I'd really appreciate some solid advice on how my friend should fill out the TE6/TE9 forms that the TEC sent her. If she's going to disclose her address in this process it can't be rejected otherwise she'll be in a worse position. Thanks again in advance. Bailiff Advice, any thoughts?
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Aha! Thank you both. So, I think we're kind of back to my initial question as Im trying to establish what constitutes a payment agreement. The wording suggests that it is the bailiff who enters into the agreement with the creditor. Does that mean that the bailiff can impose an agreement without consent of the debtor? Good to have the conversation reopened
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E Munch, are you able to provide a link to the exact wording that defines how this should play out? I'm still trying to work out whether the warrant should have expired if no successful collection activity or payment agreement took place during the 12 months. Many thanks
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Still no news on this one? Should we assume that E Munch is right in this case and that the warrant hasn't expired? If so, then an OOT would surely be the most appropriate next stage... any final thoughts?
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Thats a shame - I thought that might be the case when I saw that the lines had changed since the google image was taken. Oh well, thanks for your quick replies!!
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I still say the double yellows relate to the road itself
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Genius! Yes, looking at street view they have indeed changed the road paint from white lines (shown here) to double yellow lines. https://www.google.co.uk/maps/place/Harpenden,+Hertfordshire/@51.816504,-0.357576,3a,90y,302.68h,40.08t/data=!3m4!1e1!3m2!1sCfcs02n6zLT5lOnJTw6Bew!2e0!4m2!3m1!1s0x4876380b9f7e3c13:0x4eeb400a0ce7b472!6m1!1e1 Thanks Michael
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Hello, I'm starting to develop a real interest in this subject as I've seen huge injustices in the past, so this is my vigilante intervention (I think I know the guy that got a PCN). he parked his motorcycle in the same place he has done for the last couple of summers - we often admire it with the kids. This afternoon I saw a ticket being written by an enforcement officer, who stuck the yellow bag on the seat of the bike. The location I will do my best to describe. It is a large area of road which has been divided up into car parking spaces to one side, a bus "slip road" to the other and a road running through the middle. There is an island (bricked) with a few black metal bollards installed. Around the island is a full circle of double yellow lines. Now, note that the yellow lines are painted on the road NOT the bricked area. Also, in the bus "slip road" NO PARKING is painted again on the tarmac, os on the other side of the lines. btw, the island is about the size of two cars and an ideal spot for making bikes. As far as I can tell the island itself is a haven of unregulated land and the double yellow lines relate to cars considering parking along the kerb of this island, roadside. There are no signs whatsoever on the island itself. Looking around there are various signs/rules relating to the parking spaces opposite, but thats all. What say you all? If he has been ticketed unlawfully I'd love to find him and give him the good news:) Thanks in advance
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Any news Bailiff advice? *fingers crossed
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I'm pleased that this is useful to others. Thankyou again
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I'm very interested to see how this is responded to as I'm inclined to agree at thithis stage (much as I'd prefer not to)
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Thank you, you've all been a great help!
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Thank bailifadvice. Do you have any thoughts on Bzam's comment or on the advice of the bailiff that the warrant is still live and they can take a car if they see one?
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https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part75 75.7 5
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Also - the civil procedure rules (online version) show the 12 month restriction as crossed out. Suggests or reinforces the thought that the 12 month expiration is no longer the case
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If that is the case then what are the bailiffs and council up to? And what happened to this idea of warrants no longer expiring after 12 months?
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TEC today have advised; "We are not legally trained and have not been advised of any changes to the procedure, therefore, as far as we're concerned the warrant has expired" "You should still file the out of time and it will probably still be processed - if it's not then you will have evidence from us that the warrant has expired" The plot thickens. Could anyone help me with the best way to fill in the out of time and I'll keep you all posted on progress? Thank you
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OK, I think this is where the confusion comes in. Josephbloggs is that by the new regs? If so, surely the debtor must agree to a payment arrangement. The point is that someone hasn't got their facts straight (maybe us, maybe TEC, maybe council) and the bailiff is still acting on a warrant that is over 12 months old without ever having the agreement of the "debtor" to any arrangement - therefore defaulting is irrelevant. How can this be stopped?
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So if the bailiffs are allowed to revert to the compliance stage after a year does that mean that they don't even need to have a payment agreement in place? If they do I think we need to clarify exactly what constitutes a payment agreement. Especially if there is no other way of quashing the filthy thing. Any thoughts?...
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Thanks Bazm, yes that seems to be the case. So what happens in a case such as this where an out of time can't be filed, but the warrant is kept alive when the poor person wasn't even aware of the fine in the first place? Is there no way to get bailiff action stopped in the same way an OOT would have done? It sounds like the rules have changed in the favour of the bailiffs..... in time these guys will be driving their vans around with warrants that are years old picking up every car with a link to any old ticket irrespective of whether the driver has ever been informed of the PCN. *rant over*
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"the regulations specify that a bailiff has 12 months from the date of the Notice of Enforcement to either take control of goods belonging to the debtor or to obtain payment from the debtor. If he fails to do so, the warrant expires. Most importantly, if a debtor enters into a payment agreement with the bailiff company and then defaults on the agreement, the 12 month period begins with the date of the default (and not from the date of the Notice of Enforcement)." this is what I'm confused about:???:
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