Andrew James Enforcement Bailiffs going to my previous address.

[rdf1988]

Good evening everybody,

 

I had a parking ticket back in September 2012, and due to my own personal financial misfortune, I was only able to pay it in April of this year (£105).

 

Since then, Andrew James bailiffs have on two occassions gone to my previous address. I happen to know the person living at my previous address who told them at the door that I no longer live there. They went away but the same fella came back a fortnight ago again. This time, the resident let him in but explained again that I no longer live there. Again, he went away but gave the resident his mobile number for me to ring.

 

Since then, I have phoned the council (who issued the ticket) and notified them to the fact that I have paid the £105. Unfortunately, they said that by the time I had paid the fine, they had already commissioned Andrew James but said that they would contact Andrew James to take £105 off the debt.

 

The amount due on the bailiff letter was £225, so that now leaves £120 to pay.

 

What should I do? I've never really been in debt.

 

Surely they are harrassing the person living at my previous address as they have been told on two occassions that I no longer live there.

 

Also, is the remaining £120 remaining debt even enforceable?

 

This is playing on my mind but it's not as simple as handing over the £120 as I simply could not afford it!

 

Thanks all in advance.

[unclebulgaria67]

Have a read of the legislation that applies. You will have to pay the bailiff a relevant amount depending on what the original PCN amount was. Contact the bailiffs directly and ask them for a breakdown of their fees and to advise them that the original amount of £105 had already been paid to the council awhile ago. You don't have to provide your address and can give them an email address for them to send the breakdown.

 

http://www.legislation.gov.uk/uksi/2003/1857/made

[lookinforinfo]

Uncle Bulgaria, the bailiff AFAIK never met the OP as he has moved. As no levy was therefore ever made and the letter was sent to his old address is the OP actually liable for any fees

to the bailiff?

[SWLABR9]

You can give them an email address providing you can't be identified by a whois on the email domain, they could get your address from that potentially. Something like a Hotmail address would be ok.

[unclebulgaria67]

Uncle Bulgaria, the bailiff AFAIK never met the OP as he has moved. As no levy was therefore ever made and the letter was sent to his old address is the OP actually liable for any fees

to the bailiff?

 

You may have a point, as I think the bailiff has only permission to collect from the address given by the council. They should go back to the council to get this updated and I am not sure whether they can do this, now the PCN had been paid.

 

Bit of a grey area I think, which hopefully Tomtubby or someone more knowledgeable can answer.

[renegadeimp]

Well, the bailiff cant charge fee's as no levy was possible and he hasnt visited the current address. HOWEVER, did the bailiffs/council have that address as the latest one on record? If so, then they can claim that the info they had was uptodate and the latest possible.

[rdf1988]

Thanks to all for your comments thus far.

 

At the time of the PCN, I was at the previous address but I registered myself on the electoral roll at my current address before the bailiff first visited my previous address. Also, I paid the £105 to the council since I've been at my new address.

[tomtubby]

The local authority know that they must abide by section 75.7(7) of the Civil Procedure Rules which deals with the matter of the procedures that MUST be undertaken when a new address is located for a debtor.

 

In your case, you can file an Out of Time witness statement at the Traffic Enforcement Centre.

 

You will need the TE7 & TE9 forms and they will need to be sent to the Traffic Enforcement Centre by email and once it is processed all enforcement will then cease until the application has been considered ( approx 6-7 weeks).

[unclebulgaria67]

The local authority know that they must abide by section 75.7(7) of the Civil Procedure Rules which deals with the matter of the procedures that MUST be undertaken when a new address is located for a debtor.

 

In your case, you can file an Out of Time witness statement at the Traffic Enforcement Centre.

 

You will need the TE7 & TE9 forms and they will need to be sent to the Traffic Enforcement Centre by email and once it is processed all enforcement will then cease until the application has been considered ( approx 6-7 weeks).

 

If they don't dispute the PCN, as they have already paid what is due, but don't want to pay the bailiff fees, what would the OOT to TEC achieve ?

 

Now that the PCN has been paid, the bailiffs are purely pursuing their fees. But they don't have councils instruction to do so at the new address.

[lookinforinfo]

The bailiffs could be classed as trespassers when they visit the new address as they are not acting under the terms they received from the Court. If the bailiffs feel that they are owed any money

they should do what the rest of the world has to do-write and ask.If that doesn't work send LBA and take the OP to Court. I don't think they would bother in this case as they are playing with a very weak hand.

[rdf1988]

Thanks for all your replies thus far.

 

Are the bailiffs legally allowed to take from my previous address?

Obviously it is no longer my address so therefore none of my possessions are there.

 

Thanks again all.

[tomtubby]

The bailiff is only permitted to remove goods that belong to the debtor. as you no longer live at that property and no goods of yours are at those premises then the bailiff cannot seize any goods.

[rdf1988]

That's what I thought. They have been to that address on two occassions and have been told each time that I no longer live there.

 

I'm in a predicament because I don't want them pestering the occupant of my previous address, but at the same time, I don't want to pay charges to any Tom, Dick or Harry.

 

Thanks.

[unclebulgaria67]

Surely if the council will be informing them that the PCN has been paid awhile ago, they may decide not to bother continuing with collection purely for their fees. I suspect that having gone to a wrong address twice that they will not want to invest much further time, when their client already has the PCN money.

 

If this was me, I think I would leave it and see if the bailiffs make contact at your new address.

[rdf1988]

UPDATE:

 

The bailiffs have sent a letter to my previous address which reads:

 

"You have failed to make a suitable arrangement to discharge the aforementioned debt.

 

You must make immediate fully payment to Andrew James Enforement Limited. Non-comploiance will result in our baillifs attending at your property and removing your goods. Your goods will be taken by our enforcement team and sold at public auction.

 

Statutory costs for our attendance will be incured and charged to your account.

 

NO FURTHER WARNING WILL BE GIVEN PRIOR TO OUR ATTENDANCE SO YOU SHOULD NOT IGNORE THIS NOTICE."

 

What should I do? Bearing in mind that I no longer live there and they have been told on mulitple occassions.

 

Thanks all.

[renegadeimp]

DO you have proof that they know you dont live there? If so, then you ( or rather the person at the previous address), needs to be making complaints. They dont have to tell them where youa re now, but simply that you do not reside there and the bailiffs know about it.

[rdf1988]

DO you have proof that they know you dont live there? If so, then you ( or rather the person at the previous address), needs to be making complaints. They dont have to tell them where youa re now, but simply that you do not reside there and the bailiffs know about it.

 

The occupant has told them on two occassions, and I have phoned them to explain that I no longer live at that address, and that I have paid the original fine to the council.

[renegadeimp]

The occupant NEEDS to put it in writing, and not do it by phone. The bailiff will have no authority to come then. If the occupant tells them by phone, it wont get updated as they will think the resident is trying to evade collection.