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Hi,

 

I have received an enforcement letter from baliff's (jacobs) dated 19/3/2012, but was not driver on date of offence as was out of country which can be substantiated. I also sold the car 9/02/2012 unaware of this situation. The car was bought by my boss and is used by my daughter who lives at the correspondence address - can they lift the car ??

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Hi,

 

I have received an enforcement letter from baliff's (jacobs) dated 19/3/2012, but was not driver on date of offence as was out of country which can be substantiated. I also sold the car 9/02/2012 unaware of this situation. The car was bought by my boss and is used by my daughter who lives at the correspondence address - can they lift the car ??

 

Hello and welcome to CAG. I think the guys will need more information to be able to help you.

 

Was this a ticket from the council or the police, or a private parking company please?

 

When was the ticket issued?

 

How was the situation left?

 

I hope I've asked the right sort of questions and that the guys will be along later with some thoughts for you.

 

My best, HB

Illegitimi non carborundum

 

 

 

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If the offence was on a public road and the Police or Local Authority issued a Penalty Charge Notice there would have been a string of documents, Notice to Owner, Charge Certificate etc, which were ignored.

 

If it is a Private Parking Contractor Notice (disguised to look official and threatening) they can only act as baliffs after you had been taken to Court, you lost, and you failed to pay what the Judge ordered within 28 days.

 

More info please.

 

 

 

OffTopic Edit - Perfect, HB!

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1. Originally council

2. 25/8/2011

3. Only received 1st commuication 19/03/2012 due to change of address's

4. I communicated with jacobs this morning advising them that I sold the car 09/02/2012

 

Thanks in advance

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May help if you can post up an image of the letter which should answer some questions. Obscure all personal details first.

Please Note

 

The advice I offer will be based on the information given by the person needing it. All my advice is based on my experiences and knowledge gained in working in the motor and passenger transport industries in various capacities. Although my advice will always be sincere, it should be used as guidence only.

 

I would always urge to seek face to face professional advice for clarification prior to taking any action.

 

Please click my reputation 'star' button at the bottom of my profile window on the left if you found my advice useful.

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The fact that you sold the car after the ticket was issued will not be relevant, you will still be liable for the penalty. When changing address, did you notify DVLA?

Please Note

 

The advice I offer will be based on the information given by the person needing it. All my advice is based on my experiences and knowledge gained in working in the motor and passenger transport industries in various capacities. Although my advice will always be sincere, it should be used as guidence only.

 

I would always urge to seek face to face professional advice for clarification prior to taking any action.

 

Please click my reputation 'star' button at the bottom of my profile window on the left if you found my advice useful.

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You will need to apply to Northampton Court traffic enforcement centre to get the recovery order suspended.

Please Note

 

The advice I offer will be based on the information given by the person needing it. All my advice is based on my experiences and knowledge gained in working in the motor and passenger transport industries in various capacities. Although my advice will always be sincere, it should be used as guidence only.

 

I would always urge to seek face to face professional advice for clarification prior to taking any action.

 

Please click my reputation 'star' button at the bottom of my profile window on the left if you found my advice useful.

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It doesn't matter who the driver was (no-one is driving a parked car). The owner at the time will be liable.

 

The fact that you have sold it means they cannot legally lift it (provided you can demonstrate to them that you really did sell it, prior to the warrant being issued). However it is within their power to clamp it in order to ascertain who the actual owner is, so there could be hassles in the pipeline.

 

As advised above, you will need to contact Northampton County Court and obtain papers to file an Out of Time Witness Statement. This will formally challenge the bailiff's warrant, on the basis that you did not receive the NTO. (It was not sent to your correct address).

 

If is is accepted you are back with the original charge to settle or appeal. If not, then you can persevere with the process - post back here for more advice.

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