Bailiff/PCN Fine - looking for son who does not live here.. help

[Mike_R_S]

I had a door step visit from a bailiff a few weeks ago looking for my son,

 

I informed them that he has not lived here for over two years and that we are estranged.

 

He informed me that my son had an outstanding parking fine

and that he would inform the council that he no longer lived here.

 

Today I received a letter from the bailiffs firm addressed to the occupier

saying we have been informed that Mr ****** ***** no longer resides at this address.

 

Then goes on requesting I provide a shed load of information including date I moved in,

my solicitors details and to provide utility bills showing the current occupiers details.

 

My question is am

I obliged to respond and provide the details?

I have lived at my current address for 20 odd years

and to be honest I cannot remember the exact date I moved in

or the solicitors details without having to dig them out.

 

 

Any advice greatly received.

[martin2006]

If its addressed to "the occupier" then its safe to ignore it, you are under no obligation to provide anything as far as im aware, especially if you arent even the named recipient.

I would bin it personally

[brassnecked]

What bailiff company is this? I wouldn't ignore it as they might try to Take Control of your car outside if you have one and argue the toss later.

[Peterbard]

Yes, be interested to know which firm this was. You do not have to tell them anything, in fact ,they should not even be contacting you if they are aware the debtor does not live there as they have no legal right to do so.

 

Have you had any correspondence from this firm before ?

[Peterbard]

Oh, I should ask. Did your son have a vehicle registered at your address ?

[Bailiff Advice]

 

Today I received a letter from the bailiffs firm addressed to the occupier

saying we have been informed that Mr ****** ***** no longer resides at this address.

 

Then goes on requesting I provide a shed load of information including date I moved in, my solicitors details and to provide utility bills showing the current occupiers details.

 

If you could provide the name of the enforcement company it would assist in clarifying whether this debt is in relation to an unpaid penalty charge notices (which is a civil fine) or a motor related FINE which could potentially be a criminal fine.

 

At the moment it looks to be an ordinary local authority issued penalty charge notice. If so, then before a personal visit can take place, you should have received at least 3 letters from the council and one letter from the enforcement company.

 

For the benefit of the regular posters on here, would you mind letting us know what information this enforcement company are asking you to supply.

[Mike_R_S]

If its addressed to "the occupier" then its safe to ignore it, you are under no obligation to provide anything as far as im aware, especially if you arent even the named recipient.

I would bin it personally

 

 

Thanks for the advice Martin

[Mike_R_S]

What bailiff company is this? I wouldn't ignore it as they might try to Take Control of your car outside if you have one and argue the toss later.

 

Hi brassneck I'd rather not post the name of the company in case this get back to them

[Peterbard]

Mornin BA.

 

He says parking fine in post 1. There is also s brief list, including the OPs solicitor ?

[Mike_R_S]

Oh, I should ask. Did your son have a vehicle registered at your address ?

 

Hi Dodgeball I'd rather not post the name of the company in case this get back to them but yes he did although I've not received any DVLA correspondence for him for at least 18 months so I can only assume it's no longer registered at my address. Anything I get for him now I either bin of RTS if it looks official

[Peterbard]

Hi brassneck I'd rather not post the name of the company in case this get back to them

 

Seems a lot of this just lately

[Mike_R_S]

Oh one other thing I should mention the bailiff did give me personal information about my son like where he was living last and the car details etc (not that I asked) I would of thought that went against data protection regulations??

[brassnecked]

Oh one other thing I should mention the bailiff did give me personal information about my son like where he was living last and the car details etc (not that I asked) I would of thought that went against data protection regulations??

It might do, but the bailiff will be wanting someone, anyone to pay, they often try to coerce a parent to pay their child's debt; he might threaten to Take Control of your goods and ask you to prove ownership.

 

Is your son's car registered at your address with DVLA?

[Peterbard]

Oh one other thing I should mention the bailiff did give me personal information about my son like where he was living last and the car details etc (not that I asked) I would of thought that went against data protection regulations??

 

Hi MMike

 

Odd that they should attempt to enforce elsewhere and then go back to his earlier home. Data protection, interesting point.

[brassnecked]

Hi MMike

 

Odd that they should attempt to enforce elsewhere and then go back to his earlier home. Data protection, interesting point.

Especially as parent is not the debtor, and bailiff should not divulge full details to a third party.

[Bailiff Advice]

Hi Dodgeball I'd rather not post the name of the company in case this get back to them but yes he did although I've not received any DVLA correspondence for him for at least 18 months so I can only assume it's no longer registered at my address. Anything I get for him now I either bin of RTS if it looks official

 

Perfectly understandable. If you are satisfied that this is a local authority issued penalty charge notices (which is a civil offence) then I would say that you can safely refuse to provide the information requested.

 

I know from enquiries that I have received through my website that many parents receiving such letters consider it best to pay their son or daughters debt.

 

Possibly this is the reason why the letters request so much personal information.

 

PS: Note to self....wash your mouth out with soap BA.

[Peterbard]

No, a stat dec is not appropriate in this situation and at this point.

The enforcement is down to the EA not to the court you just need to tell the bailiff that the debtor is not at that address, the person the ticket is addressed to may want to contest it with a stat dec in due course.

[AndyOrch]

Off topic posts removed...

 

Andy

[Mike_R_S]

Hello BA/ All

The fine is for a council parking charge. Another thing the bailiff told me.

My son did have his car registered to my address but not for at least the last 18 months

I don't think they have tried to enforce at another address the just told me where he had been living no mention of trying to enforce it there

Full list of what they are asking for in the letter to "the occupier" below

In order to stop any further action we need the following

Current utility bill showing the names of the current occupiers

Current occupiers names

Date you occupied the property

Purchasing solicitors details

Forwarding address and telephone number for the former occupier

Hope this helps and thanks for all the comments.

[Mike_R_S]

No, a stat dec is not appropriate in this situation and at this point.

The enforcement is down to the EA not to the court you just need to tell the bailiff that the debtor is not at that address, the person the ticket is addressed to may want to contest it with a stat dec in due course.

 

Hi dodgeball not sure what you mean by a stat dec is not appropriate. Please advise.

[Peterbard]

Hi dodgeball not sure what you mean by a stat dec is not appropriate. Please advise.

 

Yes, a poster recommended a statutory declaration on here. This action is not appropriate in your circumstance (as reported) you need to just make the bailiff aware that the debtor does not live there.

A stat dec is generally for the debtor to make in support of an appeal, or challenge to the ticket.

[Mike_R_S]

Yes, a poster recommended a statutory declaration on here. This action is not appropriate in your circumstance (as reported) you need to just make the bailiff aware that the debtor does not live there.

A stat dec is generally for the debtor to make in support of an appeal, or challenge to the ticket.

 

Ahh ok I didn't see that post it must of been deleted. Thanks for that

[Mike_R_S]

Off topic posts removed...

 

Andy

 

Hi Andy what does this mean?

[Mike_R_S]

Perfectly understandable. If you are satisfied that this is a local authority issued penalty charge notices (which is a civil offence) then I would say that you can safely refuse to provide the information requested.

 

I know from enquiries that I have received through my website that many parents receiving such letters consider it best to pay their son or daughters debt.

 

Possibly this is the reason why the letters request so much personal information.

 

PS: Note to self....wash your mouth out with soap BA.

 

 

Hi BA,

Wondered if you had seen my reply below and if you had any more thoughts on this?

 

Hello BA/ All

The fine is for a council parking chargeicon. Another thing the bailiff told me.

My son did have his car registered to my address but not for at least the last 18 months

I don't think they have tried to enforce at another address the just told me where he had been living no mention of trying to enforce it there

Full list of what they are asking for in the letter to "the occupier" below

In order to stop any further action we need the following

Current utility bill showing the names of the current occupiers

Current occupiers names

Date you occupied the property

Purchasing solicitors details

Forwarding address and telephone number for the former occupier

Hope this helps and thanks for all the comments

[unclebulgaria67]

Hi BA,

Wondered if you had seen my reply below and if you had any more thoughts on this?

 

Hello BA/ All

The fine is for a council parking chargeicon. Another thing the bailiff told me.

My son did have his car registered to my address but not for at least the last 18 months

I don't think they have tried to enforce at another address the just told me where he had been living no mention of trying to enforce it there

Full list of what they are asking for in the letter to "the occupier" below

In order to stop any further action we need the following

Current utility bill showing the names of the current occupiers

Current occupiers names

Date you occupied the property

Purchasing solicitors details

Forwarding address and telephone number for the former occupier

Hope this helps and thanks for all the comments

 

The letter sent to you is not relevant. All that has happened is the Enforcement Agent has reported back to their office that the person does not live at your address and a generic letter has been sent.

 

They will continue to try to enforce, so probably best to respond with a copy of your council tax bill and list of who is resident. Advise them that your Son who they are seeking has not resided with you for 18 months. They are not really entitled to this information, but if they come back, you have responded and can escalate a complaint to the council, taking it up with the LGO if appropriate. If you complained to the Council now, they will tell you to deal with the Enforcement company.

 

Unfortunately Councils are struggling for funds and Enforcement companies are eager to make money. They can't trace your Son, so will target your address, believing he is hiding in a wardrobe somewhere. Hence why you should respond in writing and then have something which you can use later as part of a complaint if needed.