Warrant Of Execution - Parking Fine

[l0sssst]

Hi there, first time poster to bear with me!

 

I received a parking ticket on a car which I had traded in at a local 'trader', he told me to give him the V5 and he'd send it off once he'd sold the vehicle. He ran up a couple of parking tickets which I appealed but to no avail.

 

Since then I've moved address and don't often get my mail forwarded to me. I know bailiffs have been round to my previous address but the person basically told them this is rented accomadation, that person doesn't live here and bugger off (technical term!). I've had letters from the bailiffs using all sorts of wordings and excuses to find a way for me to contact them, often stating urgency.

 

I've just had another letter from Marston Group saying "Marston Group Ltd has been issued with a warrant of execution issued by the Traffic Enforcement Centre of Northampton County Court pursuant to statute" saying I need to pay the amount within 7 days or bailiffs will attend my address. They've also supplied me with a "Lancaster City Council Ref", I've spoken to LCC and they don't know what the reference means.

 

I'm unregistered at another address, nothing is registered to me at this address and I'd be very unlucky for them to find me here. Is this letter a CCJ and will it affect my credit rating in the future? What should I do?

 

Thanks in advance

[Jamberson]

Hi there.

 

He ran up a couple of parking tickets which I appealed but to no avail.

 

Why did you appeal them? If you'd relinquished the car and weren't responsible for incurring the PCNs, how could you even put an appeal letter together? No matter now - but why didn't you just write and tell them you'd sold the car beforehand?

 

Is this letter a CCJ

 

No

 

and will it affect my credit rating in the future?

 

No

 

What should I do?

 

Contact Northampton County Court via web or phone and get forms to file an Out of Time Statutory Declaration. You need to quote all PCN numbers - and make sure you get "out of time" forms. This is the process by which you can challenge the bailiff warrant.

 

On the forms, state that you did not receive Notice to Owners for them and were unaware of the situation before bailiffs contacted you. Since you moved, the documents were not sent to you. Explain that you moved, and tell them the dates and addresses.

 

Once you have filed the forms, bailiff action will be placed on hold, pending a decision on the case. Hopefully it will go in your favour but if not, you can take things further, so post back here if that happens.

 

The purpose of filing these forms is to challenge the bailiff warrants with a view to getting them revoked. If successful, all bailiff action will cease and their charges will be cancelled off. You will be sent Notice to Owner documents for each PCN at your new address (make sure you tell them where you live now!), and at that stage you can contest liability for the original PCNs as you were not the owner when the PCNs were issued.

 

Hope that all makes sense!!

[l0sssst]

Why did you appeal them? If you'd relinquished the car and weren't responsible for incurring the PCNs, how could you even put an appeal letter together? No matter now - but why didn't you just write and tell them you'd sold the car beforehand?

 

hi! Sorry, appeal was the wrong word. I notified them I wasn't the owner at the time, and gave them details of the car I took in exchange with mine (that V5 transferred over on the date) but the trader didn't fill in the trader part and basically ran the car around for a couple weeks and transferred it to it's new owner once he'd sold it. It's completely my fault for not handling the V5 correctly but it's hard not to feel hard done by.

 

Contact Northampton County Court via web or phone and get forms to file an Out of Time Statutory Declaration. You need to quote all PCN numbers - and make sure you get "out of time" forms. This is the process by which you can challenge the bailiff warrant.

 

Excellent help, thankyou very much!

[Jamberson]

You're welcome.

 

Assuming you file the statutory declarations and they are accepted, you will still be left with the original PCNs to deal with.

 

What you attempted first time was the right thing to do, but what they generally want in these cases is a) new owner name and address, and b) proof of sale - receipt or similar.

 

The name and address will be crucial because they have to transfer liability - they won't just cancel them, so they need someone to transfer them to. The more solid the info you can give the better (I'm assuming the other guy won't just do the decent thing and pay them?).

 

Anyway - that's a way down the line yet. At the moment, you need to get the Out of Time statutory declaration sorted.

 

Post back here if you need any help.

[l0sssst]

You're welcome.

 

What you attempted first time was the right thing to do, but what they generally want in these cases is a) new owner name and address, and b) proof of sale - receipt or similar.

 

I gave them the name and the address of the trader and the transaction details for the car I took ownership of, but of course the trader denied all knowledge I presume and as the V5 was in my name during that time I'm left holding the ticket. Will the PCN revert back to £60? If so I can afford to pay that no problem, my only problem with proving I've changed address is that I've left all mail to be registered at my old address. So whereas I can say I've moved, I can't actually prove it (apart from receipts from my flat mate to say I've paid each month?).