Urgent advice needed bailiff due to call to remove car but letters are in wrong name

[kat2112]

Hi I was wondering if someone could give me some advice on my problem...I received 2 parking tickets within a week of each other about a year ago I am unemployed due to the fact Im mentally disabled I have Bipolar and ADHD anyway I couldnt afford to pay either of them and because Ive been very unwell this last year I will admit I have just tried to forget them as it was all too stressful.

Anyway I have been receiving Letters from Equita but they are addressed to the wrong surname I think this is because an error was made on my registration documents a long time ago...I have re registered the car since the parking fines occurred in my correct name and when I sent the registration forms off I actually filled it in wrong and did it as a change of owner instead of change of name. So the car is now registered to me but in my correct name as a new owner.

What I would like to know is this...if these warrants have been issued in the wrong name and the letters Equita are sending are in the wrong name can they still take my car as it is registered to my correct name now and was registered after the parking tickets were issued so in a way its like the car has changed hands.

Also as they have the wrong name does that also mean I am not liable for the debt so they cant take any of my belongings either??

Id really appreciate if someone could get back to me ASAP so I know what to do when they show up.

Thanks in advance

[raydetinu]

They have to get a court order to sequest goods, that would be the time in court to state your case!

If you have ignored court hearings then they will go ahead and it is much more difficult to to do anything.

I dont think a magistrate will accept your 'mistakes' as a defence for liability.

If a judgement has been made, you can get it set aside or stayed untill you have your say in court. ( speak to court if you have notice of judgement )

[josephbloggs]

Very misguided advice above, if it is a parking fine then if equita are involved a warrant or two in this case have been issued.

It will of been issued at northampton county court.

Regards registration documents, if its a matter of altering your surname i dont think it would make a difference to either the council or bailiffs, as you are still the same person.

The only info that the dvla will give is who was the registered keeper when the offense occured hence why its in the other name.

If you havent corresponded with bailiffs or council they wont be aware of your condition, and the parking section wont have anything to do with the benefits section.

Have you tried contacting the council explaining your vulnerbility?

Also is your car on finance and is it worth any money?

 

Reydetinu, its not a judgement so cant be set aside, it has nothing to do with magistrates, and a warrant not a court order has been issued.

The bailiff doesnt need to carry the warrant UNLESS removing the vehicle in which case a copy should be left at the address.

[raydetinu]

Ok county court then! but the OP can fill out form N245 to make offer of payments and submit to court.

OP could of gone to court to plead mitigation on payments at time warrant was granted or contacted council.

[wonkeydonkey]

This is not a county court matter so N245 is not an option.

 

WD

[brassnecked]

But vulnerability is as per the National Association of Enforcement Agencies 2002 guidelines. so I would gather evidence, such as doctors letters and other information from a healthcare professional regarding of your bipolar ADHD and other problems phone the council and tell them and send copies to Equita and the council, as a first move, and then, see what Caggers reccomend to tackle the issues

 

What actual letters or notes through the letterbox have you actually had, and what do they say?

 

Once the content is known, the advice and steps you need to take can be identified accurately

 

Don't worry and try not to stress out, this can be sorted

[raydetinu]

Silly me, sorry, never fell into this before; I see now that all the council do is apply to the traffic enforcement centre ( courts ) and they rubber stamp the debt for recovery; does not sound like justice to me.

I know its a civil matter but why does not the defendant have an opportunity to offer time to pay or their circumsatnces taken into account!