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Everything posted by jamieleigh

  1. Hi the warrant only binds the goods that would have been listed on the controlled goods agreement. A controlled goods agreement was never completed. As mentioned previously, I was the driver of the vehicle when seized, I was also at a family home in gillingham, the previous owner lives in walderslade. Bailiffs are allowed to remove goods from a business address or the debtors home address as advised by citizens advice. Also in regards to your last question, yes I believe he has confirmed with the courts to receive correspondence via email.
  2. HI thank you for your reply, My X Partner made very clear to medway council that any corrospodance should be emailed to him. He notified them of this back in July.
  3. Ownership was changed because of the response I received from medway council. Confirming for them to deal with me I needed to be the registered owner of the vehicle. Change of ownership was not done to avoid any enforcement action. The owner at the time the tickets were issued could have sent the notice to owner back to medway council transfering liability to me as I was the driver at the time. However he works away and has a "care of address". I understand people will assume this was done to avoid enforcement action , but this is not the case.
  4. Being the owner/ or not the owner at the time is very important regarding the enforcement action. To date the pcns are not in my name but the vehicle that was seized as a result of the pcns, was in my name. It is unlawfull to seize goods that doesn't belong to the debtor.
  5. Yes it is the same for all of them. At the time i was unable to get a residence parking permit because the vehicle was not in my name. The owner refused to put it in my name (Children's Father) . I believe i have right to appeal, as all of them where paid for and i have proof of this. This is what resulting in me confirming to my x partner that if the vehicle is not put in my name i can not deal with the PCNS, However during this time Enforcement action was already in place. Where would i stand with regards to. All PCNS are in my x partners name - However i am the person liable for them. At the time the PCNS were issued vehicle was in his name but as at the 15th November the vehicle ownership was transferred to me. Vehicle was Seized on the 21st. X partner has made a Statutory Declaration for each PCN, confirming the above. I was the sole owner of the vehicle & The vehicle was in use by myself and my 2 children at the time it was seized. Can a Statutory Declaration application made by my x partner allow the council to put my Claim for ownership of the goods on hold. They have not Declined it nor have they Accepted it.within 7 days of notifying them i am making the claim they could respond confirming if they Agree or Decline but they haven't done anything. Should i still submit the forms to the court? Enforcement Debt Warrant was in my x partners name
  6. Ticket was paid for on ringo app 3 mins after ticket was issued. I live in flats so I park get to my flat then login and pay.
  7. Hi, Sorry if I didnt explain correctly, So change of ownership was done before enforcement action was in force. Medway council sent correspondence confirming I could not appeal the pcn (windscreen ticket) because I was not the registered keeper of the vehicle This is why ownership was changed I will upload correspondence now
  8. I hope the above information helps to understand my situation. Previous owner submitted late statutory declaration confirming he is no longer owner of vehicle also was not the drive at the time the pcn were issued. I have a made claimed ownership of the goods as the vehicle belongs to me and was seized from me for a debt in someone else name. Yes I can confirm the I am liable for the pcn but have been in communication with the parking team at medway council who advised I need to be the owner of the vehicle to legal be able to appeal ect. As far as I am aware until the pcn are reissued in the liable parts name they can not be held responsible. There for to seize my vehicle would have been wrong. Medway council have confirmed they will not acknowledge my owner of goods claim until the deculatuon made by the previous owner to the traffic enforcement centre have been dealt with. I would like to know if medway council can do this
  9. Vehicle Reg: GK60**** Enforcement Reference number: ….. Enforcement Officer: B...... Penalty Charge Notice Numbers: 5 pcn no's ( Please see Full list of PCN in the below supporting documents) " NOTICE OF CLAIM OF CONTROLLED GOODS" SECOND REQUEST FOR RETURN OF MY VEHICLE To Whom this may concern, I am writing in regards to my vehicle that was seized from Carlton Road Gillingham on 20th November 2019. I make this claim on the following grounds: I Miss Leanne ******purchased this vehicle on the 15/11 /2019 from the previous owner Sean ***. I have " new keeper slip" also proof of purchase dated the 15/11/2019 The Enforcement officer was given proof the vehicle does not belong to the DEBTOR! The enforcement officer was given all supporting documents regarding the sale and proof of ownership prior to the vehicle being towed away, He confirmed the "new Keeper slip" did not look real, and the receipt of purchase would not have been accepted by a judge.( No law applicable to the requirements when writing a receipt for a private vehicle sale) on this basis the Enforcement officer had no authority to make comments regarding a third party view on the matter) Witness statement from Leanne …….. to the TEC dated 21/11/2019 Witness statement from Leanne Phillips to the traffic Enforcement centres confirming i am now the registered keeper of the vehicle, i can confirm as the driver of the vehicle when the PCN were issued i am liable for payments in the below supporting documents it confirms i had correspondence with Medway council regarding the outstanding charges. I contacted the owner of the vehicle and asked him to email me confirming he gives authority for me to deal with the PCN regarding this vehicle as the Driver at the time. Medway council refused this email. I was then told to make arrangements for the vehicle to be in my name, i would have full authority to deal with the PCN. Due to not being the owner or registered keeper they are unable to deal with me regarding the PCN it will need to be the owner of the vehicle. i confirmed the owner has no obligation nor any mutual relationship with my self only to my Children. i confirmed The owner works away and only has a "C/O address". Log book was sent of on the 15th Nov 2019, Witness statement from Sean ******to the TEC dated 21/11/2019 ( Previous owner) I have today submitted a Witness statement confirming the following information: NO Notice to owner was ever received by my self, i work away and have a "COA" only. Miss Leanne *******s now the Owner of the vehicle, and was the driver at the time the PCN were issued and should be liable for all outstanding charges! I can confirm i have no connection regarding this vehicle going forward I can confirm i was the owner of the vehicle when the said contravention occurred however i was not driving the vehicle : The driver of the vehicle was " MISS LEANNE ***** Supporting Documents 1. NEW KEEPER SLIP 2. PROOF OF PURCHASE 3. EMAIL FROM PREVIOUS OWNER GIVING ME (LEANNE ******) FULL AUTHORITY 4. EMAIL FROM MEDWAY COUNCIL CONFIRMING I AM NOT THE OWNER OF THE VEHICLE SO THEY CAN NOT CORRESPOND ANY FURTHER REGARDING THE PCN 5. EMAIL FROM LEANNE PHILLIPS TO MEDWAY COUNCIL CONFIRMING ALL THE ABOVE DETAILS AND ASKING FOR ADIVCE AND GUIDANCE RELATING TO THE MATTER 6. OTHER SUPPORTING DOCUMENTS Please Note: i have made a formal request to have my vehicle returned to me today, as i have two young children and the enforcement officer has no legal right to hold my vehicle for the weekend. DATE PROTECTION INFORMATION - I would also like all documents regarding communication with medway council and Enforcement Officer. i am duly concerned on how The Enforcement officer was able to locate the vehicle at my home address in Gillingham, when the previous owner and vehicle was registered at Walderslade. Lasted update (Information) Nick.....: Medway council confirmed he will call me on Monday morning regarding the vehicle as he was going to take a full look in to the details and what has gone wrong in the process of removing my vehicle. I MAKE THIS REQUEST AS THE OWNER OF THE VEHICLE AND NOT THE DEBTOR THE ENFORCEMENT ACTION IS AGAINST. AT PRESENT I HAVE NO RELATIONSHIP WITH MEDWAY COUNCIL NOR THE PCN IN RESPECT OF THE SEIZED GOODS. THEREFORE I AM MAKING A REQUEST THAT MY VEHICLE BE RETURNED kind Regards I
  10. @dx100uk yes your correct, my vehicle has been seized by pheonix enforcement. This was emailed to medway council around 2 months prior to the enforcement action. Miss **** I recently appealed a parking fine i received an email in response stating because I was not the registerd owner of the vehicle they was unable to process my appeal and that a letter had been sent to the registered keeper. The registerd keeper of the vehicle: **** *** Peugeot. Is my ex partners, my children's father, I am a named driver for this car, and have insurance documents to prove this. Also I can get a letter of confirmation from registerd keeper to say I'm named driver and all responsibility of any parking tickets and fines are mine, Miss ****** Iam unable to receive any letters about parking fines if they have been sent to the registered keeper address which is: Mr **** And Mr ***** himself works away from home so therefore would also not receive the letters. An email address for him is ********** Which would be the best way to contact him and for him to reply also. I have a number of parking fines that I was not aware of and need to appeal to a majority of them but if my appeals are not being accepted how can I resolve these? Which also means the fines are going to rise. Please inform me of what I can do about this, as iam fully responsible for all parking permits that I currently have for the vehicle: **** ***. During this time I brought the vehicle from my father children, and the log book was changed to my name ect. Please note during this time I was unaware of any enforcement action being in place.
  11. Hi I am after some advice, Can the council put a owner of controlled goods claim on hold, while waiting for the response to a statutory declaration made by the debtor. 2 seprate claims made by 2 different people the owner of the vehicle and the debtor. Thanks
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