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I have two PCN's from the local council, which apparently have been handed over to a company named EQUITA which keep sending me threatening letters concerning removal of my car and other goods. This has been ongoing for a while now.

 

The notices are being sent to my old address, and according to the letters, the bailiffs have been to my (previous) address on numerous occasions to remove the car!

 

Today I received a letter with "BAILIFF REMOVAL" printed in red ink and large letters and asking me to contact them (on an 0870 number!) and make arrangements to pay this debt now.

 

I have not been able to pay the fines off because of unemployment over the last two years. However, I am in a position to pay the fines now; but I do not want to pay all the excessive bailiff fees that these agencies add on!

 

My questions are:

 

1. Can I make payment without giving out my new address?

2. I have not changed my address with the DVLA, but am planning to send the form out tomorrow. ( Four months late! :-/) Will this have any backlash?

3. The bailiffs notices do not indicate how much I owe (except one which has a little red box at the bottom left corner stating "You must pay: £95.44")

4. When I call them, am I required by law to disclose my new address?

5. I've read about others in my situation filing a ?Statutory Declaration and ?Witness action. How do I do this? How much does this cost? What are my chances if I pursue this route?

 

Thank you for your replies.

 

Sorry for the long post!

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There is now nothing you can do as the letters were correctly sent to the registered address of the vehicle and you just decided not to pay due to your financial situation. Obviously everyone would prefer to pay the debt without the extra fees but life is not that simple. You can ring the agency and they should accept payment over the phone without revealing your current address and will not be that interested in where you live as long as they get paid. You should change the address with the DVLA as soon as possible as you could in theory get fined and it may invalidate your insurance.

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If the notices have not been sent to your correct address, you can file a witness statement, asserting that you did not receive the Notice to Owner.

 

It is free to do and challenges the bailiff warrant, with a view to getting the bailiff fees revoked. You need to get forms from Northampton County Court, for an OUT OF TIME Witness Statement. I think you can download them these days from their website.

 

I suggest you don't mention that you picked up the notices from the old address. Let them assume you knew nothing about it until the bailiffs got your car.

 

One of the two forms will need an explanation of why it is out of time - which is because you weren't living at that address.

 

The council may or may not accept the case. If you can attach proof of where you were living, so much the better. If you succeed, then you are left with the original PCN to pay. If not, you are no worse off than now.

 

Post back if you need any advice on how to proceed.

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Jamberson is correct in that an Out of Time witness statement in the correct route. Once the forms are submitted all enforcement of the warrant must cease until the decision is made on whether to accept the application. The only downside for you when submitting the OTT is that you will need to state on the TE7 and TE9 your CURRENT and your PREVIOUS address.

 

I assume that you still have the car. If so, roughly how much is it worth? ( The reason for asking is to ascertain whether the bailiff is likely to remove it or not).

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