PCN- Bailiff pressure. Submitted TE7/TE9 and worried it may be rejected **Won**

[tomtubby]

Please...read the LGO report and the other BPA document. When an OTT is filed I have never known a bailiff to continue enforcement BUT if he did then TEC would need to be advised and they will contact the LA for you.

 

The LGO report is vitally important.

[Jamberson]

Re: bailiffs,

 

for instance from Monday evening, when the TEC have receieved my TE7/TE9....,what if a bailff did try to recover debts from me, what should I do in this situation? What if the Bailiffs just come to my house when I'm not in and tow away my car?

 

The way the system works is this: TEC receive your application. They instruct the local authority to place all enforcement on hold until the matter is dealt with. The local authority are immediately obliged to notify the bailiff to cease action until further notice.

 

As TT says, it is very rare for this process to fail, but in the unlikely event that it did, get on to the local authority at once and insist that they undo whatever steps the bailiff might have taken. It would be unlawful for them to do otherwise - assuming TEC have your forms and have relayed this to the local authority.

[Jamberson]

Thankyou tomtubby, I will read the LGO report ASAP

 

Say the TEC have received my TE7/TE9,do you think I should still forward on supporting documents? When sending proof of my address etc, how would I go about getting docs to prove the date I changed my address with the DVLA? Do I need to contact the DVLA for this?

 

Forget DVLA for the moment - they are nothing to do with this. The TE7 is there for applications which are late, which yours is. It is there to allow you to explain why it is late - that's all. It's not an appeal, and you don't have to mention the PCN or anything. Just explain why it was not submitted before the bailiff contacted you.

 

I don't think it's too late, if you email something now. Make it crystal clear what you are doing:

 

"Supplementary information to include with my TE7 application, submitted by post on x/x/2013. Please add this as an attachment. PCN number xxxxxx"

 

Then explain simply what happened. You moved on x date, and consequently received no correspondence on this matter. You received no notices in the post and were quite unaware that the enforcement process was underway until the bailiff contacted you.

 

Give your new address.

 

By way of proof, I would scan something like a rental agreement or morgage agreement - just one page showing the address and date it started. Alternatively, a bank statement or utility bill dated as early as possible after the house move. If you can't do that, refer them to the correspondence you sent in at the time, which verifies your story.

 

Hopefully they will attach all this to the file, and when the local authority get it, they will see the situation.

[shazbazz]

I have read the LGO and the BPA!!....Thankyou for sending me those. I can see the importance of them now and how the council has commited Maladministration. I will be phoning the TEC on monday to find out if my TE7 is in process yet.

 

I had an email from the LA on Friday in responce to the Formal complaint I made to them. There reply was that ultimately it was my fault as i didnt inform the DVLA. They have denied any knowledge of me contacting them, but as I suspected as when i contacted them it was already after they had sent me a charge certificate they have not even read my email and they refused to up date my address over the phone. Ive got proof of the email and ive got a telephone bill which proves that i phoned them to give my address but obviosly i didnt record the telephone converation at the time. In the letter they are also tryinmg to claim that they sent me info regarding making an application to the TEC, which is a blatant lie as i never received such things. They aslo claimed they emailed it to me and that there was a problem with the email address but its the same email they have used to contact me last friday!!!!

 

I replyed back asking what addresss was on the warrant. currently the address is now correct on the warrant but since they never updated my address i suspect they must not of done when they originally gave the warrant to the bailiffs

[tomtubby]

Can you just confirm whether the address on the warrant is now your CURRENT address?

 

If so, when did you move and what date is the warrant?

[shazbazz]

i moved address in february 2012.

 

I havent actually seen the warrant. I have a letter from the bailffs addressed to my current address, which was delivered on 9 Dec 2012 saying that they have a warrant from the tec etc.

 

The council say they sent the warrant to the bailiffs on 7 nov 2012, but the date the bailiffs first visited me was on the 9 dec, which is one month later, so the bailiffs were probably given my old address previously??

 

I phoned the TEC today. They received my TE7 and it was procesed last thursday. They said that it is too late for me to forward supporting evidence regarding it as it all needs to go together at the same time. They said i can forward it to them if i want but they said it wont go togther along with my TE7. They said i can send the evidence to the council instead to help them assess it.

[tomtubby]

When TEC receive OTT's they send an email to the LA and a paper copy of your application is sent to the LA a few days later BY POST. Trying to send supporting evidence to TEC after the application has been submitted very rarely works.

 

I would suggest that you call TEC in the morning and ask them to confirm the address on the warrant. If it is your current address, ask TEC to confirm the date that the LA applied to reissue the warrant. Please post back in the morning.

[lamma]

"I would suggest that you call TEC in the morning and ask them to confirm the address on the warrant. If it is your current address, ask TEC to confirm the date that the LA applied to reissue the warrant. Please post back in the morning." I concur - and strongly suggest.

[tomtubby]

If the LA have requested the re-issue of the warrant then this request would have been UNLAWFUL. If so, this is very serious for the local authority.

 

 

Please post back in the morning.

[shazbazz]

I have just contacted the TEC today...i was ill for the last couple of days as ive been in a car accident hence the delay, ....ok the TEC confirmed to me over the telephone that the LA did contact them when they realised they had the wrong address. The TEC then authorised the reissue of the warrant on the 29th Novemeber 2012. They didnt tell me the date in which the LA requested the re isuue of the warrant and she got very angry when i said the LA had requested a re issue of the warrant!!!! shall I phone them back and get this information.

[shazbazz]

i phoned the tec back and asked then what date did the LA apply for a re issue of the warrant. the tec said the warrant had not been re issued since 7 nov 12. i then told him that the tec had just told me that they had authorised the re issue of the warrant on the 29 nov 12. they seem to be very defensive when i ask them questions about this. ..... so i said to him what address is on the warrant currently. instead of telling which adress is on the warrant, he started asking me what my current address was. i then said to please confirm the current address on the warrant as i asked the question first and he said to me i had to tell him my address first before he could give me any information. then the line got cut off due to bad reception. I will awaite for your responce now as im really confused. The LA clearly knew they had the wrong address and they did inform the TEC of this, then the TEC authorised the re isuuse of the warrant. .....now they are telling me that the warrant was not re issued????? ...confused!!!

[shazbazz]

My TE7 is in process. The TEC has confirmed to me that is was in process since last thursday , 4 April 13. and that the bailiffs cannot take any action whilst this is in procees which can take up to 6 weeks. phew!! I hope that my TE7 will be accepted. They also informed me that it is too late for me to forward on to them supporting documents as evidence as they have to be sent along with the form. At the time when i posted off my TE7 i wasnt aware i was able to enclose evidence otherwise I would of done. The TEC informed me that I can forward the evidence to the LA directly.

[shazbazz]

I have done this and have been given conflicting information from the TEC regarding this. The first time I phoned then they said the TEC authorised the re issue of the warrant on the 29 Nov 12, due to the LA informing then that the address was incorrect.

 

the second time i phoned the TEC they said that the warrant has not been re issued since 7 november. I asked him to confirm to me which adress is on the warrant cuurently. He wouldnt confirm that to me until i confirmed my address first. He was like you tell me your address first!! he said he could not give me any more info until i told him what my address was. it all seemed very shady. ....i then got cut off due to bad recpetion. I will phone them back later on once ive had a responce and feedback from here.

[shazbazz]

Ive just had an email from the LA today in response to my question of what address is on the warrant. i have copy and pasted it below as follows:-

 

The Warrant was registered to the address given to the Council by DVLA.

 

After bailiff action and confirmation that you no longer lived at the address provided the bailiff requested for the warrant to be re-issued to a different address they had obtained for the debtor and this was .......... The request for re-issue was received on 28/11/2012 and sent to the Traffic Enforcement Centre on the same day. The warrant was re-registered to the new address on 29/11/2012 and the bailiffs were informed on 05/12/2012 that the warrant was successfully re-issued to the new address.

 

Edited April 10, 2013 by shazbazz

[brassnecked]

shabazz please delete your address from the above post

[tomtubby]

shazbazz

 

I would suggest that you remove personal details from your email.

 

I am NOT happy as YET AGAIN another local authority have UNLAWFULLY applied to TEC to have the warrant reissued. This is simply dreadful and must be STOPPED by TEC.

Edited April 10, 2013 by tomtubby

[shazbazz]

He was told by the LA to respond to my formal complaint, which I made to the Council 4 weeks ago. I have since processed a TE7 since then on 2 April. I dont think he is personally responsible for reissuing the warrant. he has just responded to my complaint and tried to twist everything I have said to make me look to blame, but i dont think he would have re issed the warrant.

Edited April 11, 2013 by shazbazz

[tomtubby]

If nobody minds, I will send a PM to shazbazz as he really does need to send an email to the Traffic Enforcement Centre and hopefully this should be attached to his file when the matter of the Out of Time application is considered by the.

[brassnecked]

If nobody minds, I will send a PM to shazbazz as he really does need to send an email to the Traffic Enforcement Centre and hopefully this should be attached to his file when the matter of the Out of Time application is considered by the.

Go right ahead TT we understand the urgency of this and the flagrant disregard of the regulations by the council and their bailiffs.

[shazbazz]

Dear tt,

 

Thanks for your quick responce

Edited April 11, 2013 by shazbazz

[shazbazz]

Dear tomtubby,

 

thanks for your advice

 

many thanks

 

shazbazz

Edited April 11, 2013 by shazbazz

[shazbazz]

thankyou brassnecked for your support an advice

[brassnecked]

if you can edit your post still to remove your mobile number, just in case the wrong people see it.

[shazbazz]

ok thanks done!

[brassnecked]

ok thanks done!

Great with TT on the case you should get this sorted OK