Bailiff threat to enforce warrant issued at previous address - PCN

[Organboy]

Dear Caggers

 

Sorry to be asking for advice again.

 

OH received a letter from B&S at the end of last week (dated 8th August) with usual stuff about levying goods etc. It's for an unpaid PCN from last November just before we moved house. OH recalls vaguely that he had the ticket for overstaying in a council car park (by ten minutes) but owing to move and my ill health at the time (stroke) overlooked it and subsequently sold the car just before we moved.

 

No further correspondence has ever been received by him until last week. He rang TEC today and filled out their out of time application today but received an email back to say that none of the grounds for appeal were ticked on the form. Well, none of them applied (there were only four). He does not contest the penalty itself but wants to get the matter dealt with by the council and not the bailiffs (they haven't been contacted).

 

Rang the council and explained and they have put a hold on things for two weeks. However, we seem to be at an impasse. I presume the bailiffs will not turn up but they can go and sing if they do. Should we pursue via TEC or the council? I don't think the council should have instructed the bailiffs knowing that we had never received the warrant or other statutory correspondence/notices owing to the change of address.

 

I wonder whether, if we were to present this to the council in this fashion, they might just waive the pcn altogether or what other recourse might we have? TEC were not aware of OH's new address at all so it is the bailiff who has found that out and carried on regardless of due process.

 

Whilst OH does not dispute the pcn would there be grounds to get it revoked under the circumstances?

 

Thanks to you all for your great advice to all on here. When I am feeling a bit better an ex-lawyer might be able to add to it!

 

OB

[rebel11]

The guys will be happy to advise as soon as they are available.

[wonkeydonkey]

Hi

 

In a post on another forum you mention you have a re-direction on your mail after moving house, so it would be a strong possibility you will be seen to have received all the appropriate notifications and you are attempting to avoid paying the pcn. Remember bailiffs do monitor this site and with all the info you have given they might be able to identify you?

 

WD

[tomtubby]

There are only 4 grounds in which to file an Out of Time Application. Most applications are made on the basis that the vehicle owner did not receive the PCN or the Notice to Owner. The second most common ground being that an appeal had been made to the council but that no response had been received.

 

By admitting that your husband received the PCN, you are now in a position where you cannot file the application on this particular ground.

 

As the car has been sold, the bailiff company can now only recover any money by way of you either allowing them to have "peaceful entry" into your home or by way of a payment proposal.

 

If your husband has a NEW car then of course, this is at serious risk of being removed. As long as he does not have a car in his name or refuses to all ow entry into the property they are somewaht stuck.

 

This is an unpaid parking ticket. There is NO RIGHT to forced entry and I would suggest that you do NOT allow the bailiff into the property. It is merely a civil debt.

 

The Operational Guidance to Local Authorities issued by the Secretary of State makes it very clear indeed that the local authority can cancel the PCN AT ANY STAGE OF THE PROCESS.

[Organboy]

Thanks everyone. Yes there is a redirection on but nothing has been sent. It may have gone to the old address in the period when there wasn't a redirection in place but either way the bailiff knows that they have not served anything at this address. They are trying to enforce a warrant they know he hasn't had which I don't think they are allowed to do.

 

He hasn't got a new car as all three cars are in my name as it makes the insurance cheaper.

 

I'll see what happens and may just ask the local authority to take it back and I'll pay the original charge.

 

Thanks again guys.

[Organboy]

Update - Council have taken it back and I have to write to them explaining. Bailiffs suspended now.

[wonkeydonkey]

Well done you and well done your Council, it is refreshing to read a Council can be recorded to have "listened" to the situation.

 

WD

[tomtubby]

It would appear that we have a local authority who have common sense. Well done.