please help, im desperate

[nab9343]

hello, this is my first visit here as i do not know where else to turn to.

i moved house in jan '10 and changed my address with all companies etc, well i thought i had until i bought my road tax that expired in dec '10, i bought this online and it didnt arrive, i then rang the DVLA and told them and we checked addresses and it turned out that i had not informed them that i had moved, this was a complete mistake, i looked at my log book and i had filled it in , i just hadnt sent it off, i probably didnt have an envelope to hand and i just put it to one side, and life took over and i forgot all about it. i contacted the people that had moved into my new house and they hadnt recieved it so i got a duplicate issued from the DVLA.

 

well today i got a phone call from the people in my old house that a Baliff is coming this weekend to recover monies from 2 outstanding parking tickets, from my parking out side my new house, i was on the kerb, which as im on a speed bump, isnt really a 'kerb' if you seee what i mean... i never had a ticket on my car- a smart car with a camera had taken a photo of my car parked like this on 2 seperate occassions, the new occupiers of my old house have not forwarded any mail, or informed me of this until today and the 2 fines have now risen from £60 each to over £700.00 and i feel so sick, if i had a parking i would have paid it straight away, is there anything i can do? im on my own with 4 children, my youngest has just started school so i am not back in employment yet. i really dont know what to do i cannot afford £700.00 + and i said i could giove him £20 today and he said i have to give him a reasonable offer of he will take my car, im in tears, thank you for reading, if you have got this far.

 

Thank you x

[crem]

I think you need tomtubby's advise on this. She is the CAG bailiff expert but doesn't always look at the parking section every day. AIUI a bailiff can only enforce at the address they were given by the claimant, so that would be your "old" address as that is all the DVLA could have supplied. If they have "found" your new address, then I believe they are supposed to notify the claimant (in this case the council) of that new address and await further new instructions.

 

Either post this query up in the bailiff section, or PM tomtubby to ask her to look in on this thread.

Edited February 23, 2011 by crem

[Jamberson]

Do not panic - you can get this sorted without further cost and without losing your car.

 

Quick as you can, go to TEC (that's the Traffic Enforcement Centre, also known as Northampton County Court) website. Download forms to make an Out of Time Statutory Declaration / Witness Statement. Make sure you get "Out of TIme" forms.

 

Complete them, explaining why the forms are out of time (because of the house move) and phone the Council first thing and tell them you have submitted them. Then submit them quick as you can.

 

The council should agree to put everything on hold until the forms are processed. Because you have a valid situation, this should hopefully get everything reverted back for you to the original PCNs, which you can pay or appeal. But first things first - get the forms done and tell the Council. Post back here any problems/queries.

[nab9343]

Dear Crem & Jamberson, Thank you both so much for your input, i really appreciate it. i have gone onto the Northampton TEC and downloaded the forms, and i am filling them out now, i have to find someone to witness them and i will send them straight off tomorrow, i will also keep you informed as to what happend next, as you have been kind enough to help me.

Thanks again x

[Jamberson]

If you are doing a Statutory Declaration, it needs to be witnessed by a commisioner of oaths. If you go into the reception of your local county court (make sure it's specifically the county court), the person at the desk will be qualified and can witness you sign them. They should not charge you for this, but other courts might. You have to also swear an oath when you do it - just takes a minute. They will stamp the forms for you to say it's been done, and you can then post them to Northampton County Court (quick as poss!).

 

The rest of the forms you can complete now, just leave the signature blank for the moment, until you're at the court. Where the three tick boxes are, tick the one which says "I did not receive the Notice to Owner" and briefly say why not.

 

On the other form, there's a space for saying why the forms are late. Be as clear as you can. State your old address, the date you moved, and your new address. Say clearly you did not get any post in relation to this.

 

If possible, enclose a copy of some document to support this (eg rent book or similar, or Council Tax statement - something proving you moved at that time). This is not necessary, it just helps prove the point. It's optional though.

 

Make sure the Council know this is being done, and they will hopefully agree to suspend bailiff action at once. If they will not, they are compelled to once Northampton County Court gets the forms and instructs them to. Also, if you can't get them to agree now, you could try phoning the bailiffs and telling them that you are doing a statutory declaration and that they should not action their warrant until it is resolved. They may or may not agree...

 

Keep us posted.

[dbcc33]

Its even quicker than all that -I have literally done all of this just a month ago. You need to fill in a TE7 and TE9 form, witness statement and OOT stat dec--these forms DO NOT need to be sworn under oath (these were the old PE2 and PE3 forms). You can download them of the HMCS website (search te7 and te9) as jamberson said give ur reasons for why it is late and scan and email to TEC immediately, they will process on same day to halt enforcement.

can you tell us which council and which bailiff it is?

you need to do this v quickly as the processing of the form stops enforcement doesnt reverse it---so if they clamp or take your car, they dont have to reverse this til the outcome of the decision--take it form someone ho had their car clamped by newlyn bailiff for over a month!!

post back once all this is done

[dbcc33]

quick question from Crem too---is this right that they can only enforce at address on warrant? As newlyn clamped my car 100 miles away from my home address after spotting my car using their ANPR lasers---------i was told that this was acceptable!

[dbcc33]

btw it's because of all this unreasonable bailiff behaviour that i started my petition --you can find it under this thread:

http://www.consumeractiongroup.co.uk/forum/showthread.php?295128-Petition-against-Bailiff-clamping-for-parking-offences&highlight=bailiff+parking

would appreciate as many signatures as possible so we can stop these people!!!!

[crem]

quick question from Crem too---is this right that they can only enforce at address on warrant? As newlyn clamped my car 100 miles away from my home address after spotting my car using their ANPR lasers---------i was told that this was acceptable!

 

I only believe this to be true from what I have learnt on CAG. Tomtubby could give a definitive answer.

[nab9343]

Hello again! Just to let you all know that i followed your advice and Northampton County Court who instructed London Borough of Havering to remove the costs> i can now make a representation against the issue of the penalty charge if i wish.

 

Thank you all so, so much for all your help, it has been invaluable..

x

[nab9343]

Hello again! Just to let you all know that i followed your advice and Northampton county court who instructed London Borough of Havering to remove the costs i can now make a representation against the issue of the penalty charge if i wish.

 

Thank you all so, so much for all your help, it has been invaluable..

x

 

[honeybee13]

Great news, nab, well done! [And well done the guys here.] Thank you for letting us know.

 

My best, HB

[dbcc33]

good job! great to hear!