Bus Lane PCN sent to an old address - now bailiffs need help with SD form please

[andrews33x]

Hi,

I need an advice urgently.

 

I moved house on 3 March 2015

 

 

on 20 Aug 2015 received a Notice of enforcement from bailiffs, Equita.

 

 

According to the council the incident happened on 6 March 2015 (3days after I moved house),

on 11th Council applied for my address from DVLA and were given an old address and all the correspondence was sent to the old address.

 

Council claims that because their letters left their building they assume that I received them,

there was no sender's address at the back of their letter so that is why I think the letters could not be returned.

 

 

I know that lots of my mail was returned to the senders, for example my credit card was blocked

because my statement was sent back from an old address,

so not sure why council's mail was not returned or it is easier for them that way.

 

I spoke to Council on 21 Aug 2015 and they advised to contact TEC and ask for Statutory Declaration form and fill them in.

I managed to speak to TEC today, they sent me Late Statutory Declaration form PE2 and Statutory Declaration form PE3.

 

I would like an advise how correctly fill the forms,

I know that my main reason I have never received any correspondence,

and because the dates of moving house and incident were so close to each other,

there was a confusion with an address.

 

 

DVLA was informed with a new address, surprisingly it took very long to get my new VO5,

but I eventially received it back in April 2015.

 

But still I cannot believe that the council has followed the correct procedures,

how somone could be taken to the court without being informed.

 

 

Council claims that under data protaction act they could not check my address with council tax department,

my old address was at the same council as where the incident happened, but how come the bailiffs found me.

 

Any advises would be much appreciated

 

Thanks

[Bailiff Advice]

 

Council claims that under data protaction act they could not check my address with council tax department, my old address was at the same council as where the incident happened, but how come the bailiffs found me.

 

Any advises would be much appreciated.

 

Every time that I see enquiries such as yours and read of the local authorities response my blood boils!!!

 

The answer as to HOW the bailiff company have located you to a new address is very simple. Unfortunately, the present position is that the regulations state that local authorities may only approach DVLA ONCE during the parking ticket life and that is within a specified number of days following the initial contravention. On the other hand, the enforcement company have no such restrictions and accordingly, as soon as they receive the warrant, a search is undertaken and a new address located.

 

It is actually not quite as simple as writing to you at the new address. What must happen is that a request has to be made to the Traffic Enforcement Centre for PERMISSION to amend the address on the warrant. Before completing the Out of Time application can you call the local authority and ask them to confirm the date on which they applied to TEC to amend the address and the date that permission was granted. From what you have said, I am not persuaded that any such request would be legal in your case but would prefer to hear back from you before commenting any further.

 

Can you also advise the local authority that you are considering making a a subject access request and would like to know whether there are any notes on your parking ticket history to indicate the date on which any correspondence had been returned by Royal Mail. This is a very important point given that Section 12 of the Taking Control of Goods National Standards states that creditors must not issue a warrant is they know that the debtor is not at the address.

[andrews33x]

Thanks for reply,

I asked about if any mail were returned, LA relied no, but that is my question, how thw mail could be returned if there is no sender's address at the back of the envelop. LA sending the parking charges in the plain white envelope with no stamp with the sender's address. The only evidence they have: " The letters left the building"

[andrews33x]

Ok, I spoke to the council and they have confirmed that on the 10 Aug 2015 they applied for the warrant to change the address and on the 12th it was granted. Also they have confirmed that there was no returned mail to the council and the letter does not have the senders address at the back.

[andrews33x]

"It is actually not quite as simple as writing to you at the new address. What must happen is that a request has to be made to the Traffic Enforcement Centre for PERMISSION to amend the address on the warrant. Before completing the Out of Time application can you call the local authority and ask them to confirm the date on which they applied to TEC to amend the address and the date that permission was granted. From what you have said, I am not persuaded that any such request would be legal in your case but would prefer to hear back from you before commenting any further."

 

The LA has confirmed that the permission to amend the address was requested on 10 Aug and granted on 12th.

How could I use this information for PE2 and PE3?

Thanks