Warrant of execution / DVLA addresses

[Diggydog]

can someone please clear something up for me. I am a bit confused as to the rules on PCNs (from Local Authorities) and the RK address supplied by the DVLA.

 

So if someone moves house and therefore doesn't get the original paperwork can the council simply amend the address from that supplied by the DVLA? Also can they issue warrants of execution to addresses different to that supplied by the DVLA?

 

sorry if this seems a really stupid question but I thought I had read somewhere on this forum that warrants of execution could only be issued to the address supplied by the DVLA at the date of the contravention. Is that the case or have i dreamt this up?

 

I will also put this post on the bailiffs section in case i read it there.

 

Thanks

[%Ostrich%]

Although the Local Authority cannot just change the address on the warrant, a change of address would not "invalidate" the warrant as far as execution is concerned. The warrant is merely the document that enables the bailiff to seize one's goods.

 

However, if you have proof of a change of address pre-dating the issue of a Notice to Owner, Charge Certificate and Notice of Debt Registration from the Local Authority, you stand a good chance of successfully filing an "Out of Time Statutory Declaration" with the Traffic Enforcement Centre at Northampton County Court. If accepted, the Local Authority will reset the PCN to stage 1 and give you 14 days to pay the original discounted price.

[tomtubby]

can someone please clear something up for me. I am a bit confused as to the rules on PCNs (from Local Authorities) and the RK address supplied by the DVLA.

 

So if someone moves house and therefore doesn't get the original paperwork can the council simply amend the address from that supplied by the DVLA? Also can they issue warrants of execution to addresses different to that supplied by the DVLA?

 

sorry if this seems a really stupid question but I thought I had read somewhere on this forum that warrants of execution could only be issued to the address supplied by the DVLA at the date of the contravention. Is that the case or have i dreamt this up?

 

I will also put this post on the bailiffs section in case i read it there.

 

Thanks

.

Thank you for posting this question !! This is a subject that really does get to me so I will say sorry in advance for the long response......

.

.

 

If you incur a PCN the local authority will make a request to DVLA for details of vehicle keeper and a letter will be sent to that address to request payment. ALL further notices such as the Notice to Owner, Order for Recovery will also be sent to that same address.

 

We have had cases where the registered keeper moved home within days of apparently incurring a PCN and even though they had advised DVLA of their NEW ADDRESS all notices would still have to go to the address originally given by DVLA.

 

Unless a person has arranged for postal divert then they would not have received these notices and eventually the local authority make a request for the debt to be registered with the Traffic Enforcement Centre and this will lead to a Warrant of execution being issued and passed to the relevant bailiff company to enforce.

 

What happens next is CRUCIAL.

 

Bailiff companies will then "data cleanse" (their wording not mine) the warrants using various agencies and they will then locate a new address.

 

The motorist will be sent a letter to his NEW address and most times this is the very first that they knew of the PCN (other times are when a car is clamped or removed after being located using the bailiff companies ANPR vehicles).

 

When the Operation Guidance for Local Authorities was issued last year by the DfT for the new Traffic Management Act 2004 it provided that a bailiff could change the address on a Warrant.

 

This prompted an immediate complaint by yours truly and a question was raised in the House of Lords which led to this provision being removed.

 

That should have been the end of the matter.......but was not !!

 

 

 

Clearly complaints were made to the Ministry of Justice (possibly by bailiff companies) and for reasons that are still unclear the MOJ issued changes to Part 75 of the CPR Rules as follows:

 

Warrant of execution

 

75.7

 

(1) An authority seeking the issue of a warrant of execution must file a request –

(a) certifying the amount remaining due under the order;

 

(b) specifying the date of service of the order on the respondent; and

 

© certifying that the relevant period has elapsed.

 

 

(2) The court will seal the request and return it to the authority.

 

(3) Within 7 days of the sealing of the request the authority must prepare the warrant in the appropriate form.

 

(4) No payment under a warrant will be made to the court.

 

(5) For the purposes of execution a warrant will be valid for 12 months beginning with the date of its issue.

 

 

(6) An authority may not renew a warrant issued in accordance with this Part beyond the 12 month validity period but, subject to paragraph (7), an authority may request the reissue of a warrant during the 12 month validity period.

 

 

(7) Where the address of the respondent has changed since the issue of the warrant, the authority may request the reissue of the warrant by filing a request –

 

(a) specifying the new address of the respondent;

 

 

(b) providing evidence that the new address for the respondent does relate to the respondent named in the order and against whom enforcement is sought; and

 

 

© certifying that the amount due under the order remains unpaid.

 

 

 

(8) Where the court is satisfied that the new address of the respondent given in the request for the reissue of the warrant relates to the respondent named in the order, it will seal the request and return it to the authority.

 

 

(9) The authority must prepare the reissued warrant in the appropriate form within 7 days of the sealing of the request to reissue.

 

(10) A reissued warrant will only be valid for the remainder of the 12 month period beginning with the date it was originally issued.

 

 

 

 

PS: Complaints have been sent to various bodies as this change to the CPR Rules was made without ANY consultation !!

[Diggydog]

Thanks Tomtubby! That question was actually intended for you but I didn't want to email or PM as I know how busy you are.

 

Thanks very much for the response. I did think you had told me something like that in the past hence the question!

[letsmakeamark]

Jbw are very good at doing this. I have seen several of their warrants where the issue time is 12.00 and it was issued to the enforcement officer at 10.00. If i have put anything wrong on my replies or threads then jbw would have done something about it.

[tomtubby]

Thanks Tomtubby! That question was actually intended for you but I didn't want to email or PM as I know how busy you are.

 

Thanks very much for the response. I did think you had told me something like that in the past hence the question!

.

.

My pleasure.

 

This subject is one that is so serious that it deserves being made public.

 

Every year approx 48,000 motorists file an Out of Time late Statutory declaration with TEC and the common reason for their application is becuse they had NOT received the PCN becuse all notices had gone to a previous address.

 

A further unknown fact is that many local authority Contracts provide that the relevent BAILIFF COMPANY be responsible for dealing with rejecting the Out of Time Declaration will many of them also attending Court on BEHALF of the local authority to oppose an N244 !!

 

Shocking!!!.....but true...

[letsmakeamark]

Well they can attend any that i help with including that mr waller as since i left him havent had the pleasure of talking to his xyz.

[%Ostrich%]

.

.

A further unknown fact is that many local authority Contracts provide that the relevent BAILIFF COMPANY be responsible for dealing with rejecting the Out of Time Declaration will many of them also attending Court on BEHALF of the local authority to oppose an N244 !!

 

Shocking!!!.....but true...

 

As it is an "unknown fact", can you list the LA's that you are aware please.

[letsmakeamark]

Westminister,hackney,medway,camden,wandsworth are 4 of them.