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    • OK.  So you lent your car to a friend in 2019 and he racked up three parking tickets that he tells you he didn't know anything about(!).  You were the registered keeper (RK) at the time at your family address, but you got chucked out and could not change your RK address with DVLA because you were homeless.  You knew nothing about the parking tickets and enforcement action until you got a bailiffs' letter passed on to you.  You made an Out of Time (OOT) application in respect of one PCN but Birmingham CC objected to it and the traffic court rejected your application.  A solicitor helped you make OOTs in respect of the other two PCNs but you don't yet know the outcome of those two applications.   Is that the situation you are in?   dx100uk thinks you can resubmit the application saying your friend was the driver.  I don't think saying that will help as the driver is irrelevant.  It's the owner who is liable to pay the charge and that is the RK (unless the RK is a car hire firm).  I assume you are not a car hire firm so you are stuck with the liability, not the driver.   Whether you actually can resubmit an OOT once one has been rejected I do not know, but why not try.  What did the solicitor put on the applications they helped you with?  Did you not ask their advice about the rejected application while you were with them?  I think you would have to say something to the effect that you never received any paperwork in relation to the PCNs because you had been chucked out of your home and because you were homeless you did not update your address at DVLA.  That is the truth isn't it?  You don't want to lie on the application.   To me that's a good reason for you not doing anything about the PCNs, but I suspect that Birmingham CC will object again and that the traffic court will reject again.  And, as I said above, I don't even know if you can submit a second OOT application in respect of a PCN if the first has been rejected.   So it looks to me like you might be a bit stuck.   Unless dx100uk, or spaceman61, or another poster with expertise in local authority PCNs comes along I'm not sure what you do.   If you get no more helpful suggestions here you could try on National Consumer Service.  If you do go there, do not register with a hotmail address.  You will also need to provide them with a timeline of everything for all the documents you actually have, and you will need all the facts and dates etc at your fingertips.  And make sure they are accurate.   http://forums.National Consumer Service.com/index.php?showforum=30   And get your friend to contribute to paying off the PCNs.  Do you believe he really knew nothing about them?
    • To enjoy the protection offered by s.75 CCA 1974 for a credit card payment, you must pay over £100 and under £30,000 for the goods or service (even if part payment for a larger total amount).
    • Hi Charlie and welcome to CAG   As an Executor, you have a duty to insure the property and tell the currect insurer of the passing of the deceased.   Most insurers will refuse normal contents cover on a house left unoccupied beyond 60 days. So, unoccupied, the home will not be insured against break-in damage, theft, flood, accidental damage, etc.   You may be able to obtain FLEE insurance covering only Fire, Lightening, Explosion and Earthquake. It may cost more than usual contents cover  because the home is unoccupied, even though the level/amount of cover is less than for an occupied home.   As said here already, an Executor would be wise (or indeed have a duty) to remove valuables from the home if you have somewhere safer to store them pending Probate, distribution, sale, etc.   I hope if you can explain the insurance risks to YB and assure him that you are not taking items just for your own benefit, he may see sense.   Please keep us updated ............
    • yours is not the next move   dx  
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Newlyn Bailiff took £1275 from me for PREVIOUS OWNERS CAR PARKING TICKETS - HELP!!


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I bought car Yesterday, literately! with no V5 as previous Owner. Today got it insured and sent off the form to DVLA to get V5

 

Today in the morning we had Newlyn PLC guy clamped the car for unpaid tickets in 2012, Southwark Council was involved.

 

The guy had warrants against someone who owned the car that time. He was taking the car with him. I had no choice but to pay £1270! in order to avoid this he was rude I showed him Insurance certificate, receipt for the car and V5 request form that was sent to DVLA. He asked I had to pay this to avoid car being taken away but I can refund refund if am the new owner. I tried all means to convince him but in vain

 

My question is how I am going to proceed. Please be gentle I am not very good with legal stuff.

 

Regards

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what?

 

 

go get that money back by chargeback

 

 

how did you pay debit card??

 

 

its NOT your debt and the bailiff should have left you alone.

 

 

dx

 

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Can you prove you purchased the car? For example, do you have a receipt, and name and address of the seller? Can you show some money coming out of your account?

 

If so, I think you may be able to sort it out directly with the council involved with the original PCNs.

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It was paid by debit card PIN, so bank wont charge back.

 

Any court action i can take?

 

yes you can use chargeback

paid under duress

 

 

go get it back.

 

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Did the bailiff show you the alleged warrant, and he did see proof you are the new owner, and not the debtor?

 

The bailiff has been very naughty indeed, Tort unlawful interference with goods (civil)? Demanding money with menaces? Others may well highlight what criminal offences the bailff has committed

We could do with some help from you.

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The bailiff: A 12th Century solution re-branded as Enforcement Agents for the 21st Century to seize and sell debtors goods as before Oh so Dickensian!

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At this present time both the DCLG and senior people at the Department for Transport are looking at the way in which bailiffs use ANPR to enforce unpaid parking tickets. Everything is WRONG with this type of enforcement and is made worse by the way in which the enforcement industry continually try to state that the warrant is against a VEHICLE.

 

NO IT IS NOT !!!!!

 

The warrant is against an INDIVIDUAL PERSON and the problem that has arisen is due ONLY to the fact that on the warrant is states the VRM of the car !!!! I really do hope that the government stop this dreadful means of enforcement.

 

Rant over...back to the question:

 

Sadly, it is going to be very difficult to provide satisfactory advice if you are only able to provide one word answers to queries.

 

From a GREAT deal of experience, it is the case that individuals that have a lot of parking tickets have been known to "sell" a vehicle to a partner, friend, relative etc in the mistaken belief that by disposing of the asset a bailiff cannot easily enforce the warrants. Even worse, is where a debtor will remove a clamp from a car....hide the car for a few weeks and then "sell" the vehicle.

 

Whilst it is perfectly legal to "transfer" or 'sell" an asset BEFORE seizure debtors need to be aware that if car has previously been 'seized: (clamped) etc then even if sold, the bailiff may still take the car. This happens very frequently.

 

Because of the frequency in which assets ( in particular a car) are 'sold' bailiff companies become suspicious as to whether the sale was 'genuine' and it is for this reason that they will require NEW OWNERS to provide sufficient evidence as proof.

 

In this respect, they will be asking for evidence of a proper receipt, proof of payment, evidence that the car had been advertised for sale and insurance. I appreciate that such evidence can be difficult but I am merely stating the requirements that most bailiff companies will be looking for.

 

If you are considering a "chargeback" then YES this can be done but a word of warning. There are simply endless websites that suggest "chargebacks' against credit ( and sometimes debit cards) but the pitfalls of this are that once the bailiff company are aware of the chargeback the warrant will once again be assigned to a bailiff and IF the bailiff locates the car ( by ANPR) it will very likely NOT be clamped and instead, the car will be removed to the car pound. Such action will add significant additional fees to the account ( including storage fee of approx £30 per day). Furthermore, because of the 'chargeback' it is common for bailiff companies to insist that the car will ONLY be released if payment is made IN CASH.

 

I do not for one moment want to worry you but I am merely pointing out the FACTS.

 

Payment of the PCN is the responsibility of the PREVIOUS OWNER and you can take a civil action against him.

 

If you can provide any evidence of a genuine sale this would help you a great deal.

 

PS: The warrant has a "life" of 12 months.

 

Lastly, have you spoken to the previous owner?

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Personally I would have called the Police, he had no warrant to enforce against you and the vehicle was legally yours removing the vehicle without a warrant is theft.

 

Which begs the question, why on earth didn't the OP call the police? Surely that would be the first thing one would do under the circumstances?

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If insurance was shown in your name and was taken out before the clamp then the bailiff should have released car. I would have let him take it then show the council what they have done. People say they are new keepers all the time and it is very easy to establish who is telling the truth.

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tomtubby, surely there is a similar method of making a third party claim in this matter to that used HCE cases even if this claim was to the monies paid after the event?

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tomtubby, surely there is a similar method of making a third party claim in this matter to that used HCE cases even if this claim was to the monies paid after the event?

 

The 'Third Party Claim' used by all HCE companies works fine and I am at a loss to understand why the government should even consider Part 6. It could be too late though as the MOJ team seem intent on introducing this provision.

 

PS: The original poster has failed to update the thread !!!

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I believe they have had help from another Forum that deals with dogs!

 

I used to be a werewolf but I'm all right NOWWWWWWWOOOOOOO

 

Would be good for Op to post back how they got on

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

Have we helped you ...?         Please Donate button to the Consumer Action Group

 

If you want advice on your thread please PM me a link to your thread

 

The bailiff: A 12th Century solution re-branded as Enforcement Agents for the 21st Century to seize and sell debtors goods as before Oh so Dickensian!

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I have just read the thread on the other forum and I am very concerned to hear that after payment had been made the bailiff provided a receipt and addressed this to the PREVIOUS OWNER.

 

It is therefore clear that the bailiff ACKNOWLEDGED that the person know he was speaking to was NOT the debtor and accordingly, he should have removed the clamp and advised Southwark Council.

 

Furthermore, given the above, the bailiff appears to have failed to abide by the National Standards and should NOT have been discussing this matter with a person who the bailiff KNEW was not the debtor.

 

Lastly, I am in the process of submitting a very detailed report to the Secretary of State for Transport and the Information Commissioners Office regarding the astonishing way in which parking details are enforced by bailiffs.

 

The above case proves yet again that the bailiff considers that the CAR is responsible for the debt instead of the DEBTOR. The vehicle number plate MUST be removed from the warrants to stop this happening.

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