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ajjars

Sons parking fine - bailiff trying to sieze husbands car.

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Hi all,

I had help on here a while ago with a parking ticket for my son where the bailiff was calling at my home address for payment. My son had moved out. I had help from some wonderful people on here and managed to get it sorted. Seems he has done it again though. This morning I opened the door to a bailiff threatening to clamp my husbands car for a parking fine he had got back last year. After speaking to someone at the bailiffs office I realised that the parking ticket was my sons (in a totally different car) and not my husbands. They both have the same name, and my son is still on the electoral register as living here. (Will be removing him asap!). I tried to explain to the bailiff that they had the wrong Mr A. Nother, as my son is also called Mr A. Nother. The bailiff would not listen and said he was clamping my car, then later he said he was going to call the police and have the car removed from my drive, then later he actually drove his van over my drive so I could not remove our own car. All of this I was told today by a woman at the county court that a court bailiff is not allowed to do. The thing is if the bailiff contacted DVLA and got the details of the registered keeper of the vehicle that got the penalty notice, they would see that it was my sons car, get his date of birth and see that they car he tried to sieze this morning is registered to his father. Rocket science? I don't think so - but obviously it is to the bailiff. Now I have been told that my son needs to contact the court with an out of date order or something and sort this out himself. I know he will not do this .... it will be left to us. So, can anyone tell me where to go from here? The woman I spoke to at the council who issued the penalty notice said the bailiff may well turn up again and try to sieze the car. Help please!!!

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You would have had a few notices from the council before it came to this!!

Did you ignore them!

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You would have had a few notices from the council before it came to this!!

Did you ignore them!

 

The son would have had the notices; not the OP

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If the car used for the offences is registered to your son, Lets call him Andrew Nother and the car they are trying to sieze belongs to your husband, lets call him Arthur Nother, they are breaking the law as they have no lawful right to touch Arthurs car or to obstruct him in any way.

 

The next time they turn up call the police as there is a potential breach of the peace. If the bailiffs try to immobilise Arthurs car or take it, call the police as someone is trying to steal the car right now!

 

Get your irresponsible son removed from the electoral roll tomorrow and I strongly advise you to contact Experian etc and dissassoiacte yourselves from him financially before he wrecks your credit rating too.

 

Sounds like a lovely lad. Give him an almight slap when you see him - from me!

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Out of interest, where is your son? Go and get him and drag him into the baliffs office and leave him there!

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The thing is if the bailiff contacted DVLA and got the details of the registered keeper of the vehicle that got the penalty notice, they would see that it was my sons car, get his date of birth and see that they car he tried to sieze this morning is registered to his father. Rocket science? I don't think so - but obviously it is to the bailiff.

 

Since when do you put your date of birth on your car registration?

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If the car used for the offences is registered to your son, Lets call him Andrew Nother and the car they are trying to sieze belongs to your husband, lets call him Arthur Nother, they are breaking the law as they have no lawful right to touch Arthurs car or to obstruct him in any way.

 

The next time they turn up call the police as there is a potential breach of the peace. If the bailiffs try to immobilise Arthurs car or take it, call the police as someone is trying to steal the car right now!

 

Get your irresponsible son removed from the electoral roll tomorrow and I strongly advise you to contact Experian etc and dissassoiacte yourselves from him financially before he wrecks your credit rating too.

 

Sounds like a lovely lad. Give him an almight slap when you see him - from me!

 

Not that simple if they both have the same forename.

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But they don't do they?

 

PLEASE tell me you didn't name your son exactly the same as your husband? They are not both called 'Arthur' are they?

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Green and mean - there is a space on the registration document (section 6) to enter your date of birth ..... something my husband and son did ... to avoid any confusion as they do have the same forename. But thanks anyway guys for your swift and helpful replies!

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Yes Green and mean - my husband and son both have the same name. Is that so unusual? We know of lots of fathers and sons with the same name .....

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Are the middle names the same too?

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No - the middle names are different - but for some reason he didn't have a middle initial - just the forename and surname. We showed the bailiff my sons old provisional driving licience and my husbands, so at least he could see there really were 2 of them ...... and he left, but that doesn't mean he won't be back. I can't believe they don't come across this often - it's not unique to have a father and son named the same ..... and how would we prove the car was not my husbands car but my sons car that got the penalty notice? Could we ring DVLA???

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You might love your son dearly, but he needs to learn about life and you should give full details of his address and then they can seize his car which should teach him a lesson you say he is not willing to learn.

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Thanks for that Conniff - but I actually wanted advice on what to do with the bailiff - not parenting advice on what to do with my son. For the record, he got rid of the car over a year ago - and doesn't have another because he can't afford to run one. He also has a baby to look after - so I'm not going to let the bailiff know where he is, sorry if you feel I should - but i'm thinking of my family first!

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Well .. if the baliff turns up again you need to prove that there are the two same named people at the same address and that your husband is not the guilty party. Try and call the baliff to discuss, rather than wait for them to come again, or ring the court and speak to the enforcements department.

 

I can understand you might not want to turn your son in, but the CCJ wont go away so ignoring it isn't really an option.

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This same situation is very COMMON.

 

In the first place the bailiff will have a good idea as to whether the vehicle belongs to your husband or son because he will have access to the Warrant of Execution which has on it the name and address of the owner, the date and place of contravention AND THE VEHICLE REGISTRATION NUMBER.

 

What is CLEAR is that the bailiff is trying to force you or your husband to pay your son's debt by threatening the removal of your husband's car.

 

Which company is this?

 

The solution to this is for your SON to file a simple Out of Time Statutory Declaration. He will need to sign this document..although he no longer needs to SWEAR the document. This will then need to be FAXED to the Traffic Enforcement Centre and they in turn will notify the local authority and inform the bailiffs to CEASE all enforcement. This application will HOLD all enforcement for approx 2 months while the local authority consider the application.

 

PS: This is NOT a County Court Judgment....

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What to do with the bailiff - It seems you are asking how to avoid the bailiff rather than how to comply with the law.

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I can understand you might not want to turn your son in, but the CCJ wont go away so ignoring it isn't really an option.

 

You don't get a CCJ with a parking fine.

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Since when do you put your date of birth on your car registration?

 

When purchasing a vehicle there is a box on the V5 that requires the DoB of the new keeper. There is no legal requirement for the new keeper to supply this, however many do.

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Coniff - neither I nor my husband have done anything to warrant a bailiff visit ...... so therefore how are we trying to avoid the bailiff?? I'm trying to avoid getting my car siezed for a fine that isn't ours. I'm trying to establish how to make sure the bailiff complies with the law.

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Ty Tomtubby for your reply. You have answered my query as to what to do, I will get my son to do this. I appreciate the replies that offered genuine advice - some I felt just wanted to make me feel like a bad parent!!

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When purchasing a vehicle there is a box on the V5 that requires the DoB of the new keeper. There is no legal requirement for the new keeper to supply this, however many do.

 

Just goes to show how long it is since I bought a car!! lol

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When purchasing a vehicle there is a box on the V5 that requires the DoB of the new keeper. There is no legal requirement for the new keeper to supply this, however many do.

 

If it is not compulsory then they can not "require" the RKs DoB. Presumably you meant "requests" which would make it voluntary.

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If I were you I would write a courteous letter to the bailiffs enclosing copies of any relevant documentation, and methodically explain the situation.

 

For example, if you have a copy of an old council tax bill with two "A. Nothers" on it, that demonstrates two different adults lived there with that name. Also show a copy of the current one which will show just one "A. Nother", and shows he no longer lives there.

 

Clearly assert that none of your son's property is stored at your address. Tell them the date he moved out (don't tell them where to though!). Show whatever you can to demonstrate that the cars at the address are specifically owned by yourself/your husband and not your son.

 

Emphasise that you have no knowledge of the offending vehicle, and that if your son is being held liable they should pursue him and not yourself, and that you will not accept further attempts to harass you for a debt which you have shown is not yours not allow them to claim your property, which would in any case be illegal.

 

This may or may not not get them off your back, but at least it gives you a strong position if they do persist, and you end up wanting to escalate the matter via police of the local authority.

 

By the way you have no obligation whatsoever to supply your son's address or any of his details. It will help you get rid of the bailiff if you do - but if you don't want to, then don't. Untimately you are in the right, not the bailiff.

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