PCN - newlyn Warrant of control - Notice of enforcement query

[rocky_sharma]

just wondering as I am trying to get the notice to owner re-initiated what if my property get visited by bailiffs in between? or is there any sequence of actions which or letter gets sent before they visit the property?

[dx100uk]

any bailiff would be a court one

and they aren't commission based and are quite 'friendly'

 

 

if they did appear then with the documentation/story you have it wold be obvious theres some 'clerical' error here

so they shouldn't be a problem to you.

[Bailiff Advice]

any bailiff would be a court one and they aren't commission based and are quite 'friendly'

 

With enforcement of local authority issued penalty charge notices, any bailiff enforcement would be via private sector enforcement agents and not by a County Court bailiff (who by the way, is still referred to as a 'bailiff'.

[rocky_sharma]

I am just worried about if bailiff visits my property as I know they it can be tough as I heard the stories of vehicles getting clamped and goods taken away and rough attitude etc.., is there a way I can protect my side? I have also read stories where people start parking their cars somewhere else until the issue gets resolved.

[Bailiff Advice]

rocky_sharma said:

just wondering as I am trying to get the notice to owner re-initiated what if my property get visited by bailiffs in between? or is there any sequence of actions which or letter gets sent before they visit the property?

 

In your particular case, if your application is to be accepted, the Order for Recovery will be revoked and the local authority will re-issue you a new Notice to Owner allowing you to either pay at the earlier discounted rate or to appeal the penalty.

 

This was the reason why I spent so much time trying to clarify exactly when it was that you advised DVLA that you had left property A (in 2014). All that I was able to get from you, was that you had updated DVLA but that you did have details of when this was. You were however able to ascertain that you have a V5C that correctly exhibits that it was updated you address details with DVLA in August 2016 (see my post number 46).

 

rocky_sharma said:

I am just worried about if bailiff visits my property as I know they it can be tough as I heard the stories of vehicles getting clamped and goods taken away and rough attitude etc.., is there a way I can protect my side? I have also read stories where people start parking their cars somewhere else until the issue gets resolved.

 

Depends on what time the Traffic Enforcement Centre received your PE2 and PE3. If they received it before 4pm yesterday, then your application would have been processed yesterday and the local authority advised by the end of the day.

 

As yesterday was a Friday, the local authority may well not receive instructions to cease all bailiff enforcement until Monday morning so it would be best to park your car elsewhere until Monday. After that, all bailiff enforcement is placed on hold for approx 6 weeks while the local authority (not the Traffic Enforcement Centre) make their decision on whether to accept the reasons given by you for not receiving all notices.

 

What the local authority would be looking for, is to see whether you took steps to ensure that your address details were updated as they should have been. With all notices from the council apparently still going to an address that you moved out of in 2014, this could count against you but there is very little that we can do about that.

 

Just out of curiosity, are you absolutely certain that all notices had been going to Property A and NOT to Property B? Who informed you of this?

[dx100uk]

With enforcement of local authority issued penalty charge notices, any bailiff enforcement would be via private sector enforcement agents and not by a County Court bailiff (who by the way, is still referred to as a 'bailiff'.

 

 

ah right that's what confused me..

ta

[rocky_sharma]

when I received the notice from bailiff company called "newlyn" I called them and the representative mentioned address A.

 

I actually sent the email to relevant local authority on 6th may 2017 as soon as I received the notice and also attached utility bill and council tax bill to show that I have been living at this address even before the contravention

 

 

but didn't hear any thing back from them yet

 

 

also sent PE 2 and PE 3 to TEC yesterday but after 4pm.

 

 

I also sent the V5C scan copy to local authority yesterday.

[rocky_sharma]

@ Bailiff Advice - what will happen if my request get rejected just in case? so that I can prepare.

[Bailiff Advice]

rocky_sharma said:

 

also sent PE 2 and PE 3 to TEC yesterday but after 4pm. I also sent the V5C scan copy to local authority yesterday.

 

You should have also provided a copy of the V5C with your PE2 and PE3 to the Traffic Enforcement Centre.

 

Can I just ask a question. On the V5c copy that you sent to the council, it would be showing your current address (Property C) and date (August 2016) when your address was changed. Does it also show on the V5C, the previous address as being that of Property A or...... Property B ?

 

rocky_sharma said:

@ Bailiff Advice - what will happen if my request get rejected just in case? so that I can prepare.

 

You should expect to receive a decision in around 6 weeks. If the application is rejected, you are given a period of 14 days in which to request that your application be 'reviewed' by a District Judge. Most importantly....(and this is why I attach so much importance to the wording on Out of Time witness statements) a 'review' is very limited in that the District Judge will only be able to consider what you had put on the form and the local authorities reply. He will be looking at whether the decision that had been made (to reject) your application was the right decision or not.

 

A request for a 'review' is made by way of an N244 Application and unfortunately, the court fee for a 'review' ranges from between £100 and £255.

 

The '£100' route is where the the decision is made without the need for you to attend the court hearing. The '£255' route is applicable if you decide that you would like the 'review' to be undertaken in open court and for you to address the District Judge in person.

 

If you decide not to seek a 'review', then the warrant will become 'live' again and bailiff enforcement will recommence.

[rocky_sharma]

The V5C doesn't show any other address apart from my current one.

I have sent V5C to both TEC and local authority.

Is it possible to get update from TEC on the PCN?

[Bailiff Advice]

The V5C doesn't show any other address apart from my current one. I have sent V5C to both TEC and local authority. Is it possible to get update from TEC on the PCN?

 

You mention an update from TEC. What is it that you require?

 

I provide assistance with many Out of Time witness statements ever day, and what the local authority (or Dart Charge or Transport for London) will be looking for, is to see whether the applicant had taken the appropriate steps to ensure that the relevant authorities (in this case DVLA) had been advised of a change of address in a timely manner. It was for this reason, that I spend so much time trying to get information from you that you had updated your address details to Property B when you moved out of Property A.

[rocky_sharma]

just want to know if bailiff action has been suspended is there no notification on that? either from TEC or bailiff company itself?

[Bailiff Advice]

You cannot expect the enforcement company to be informing you that they have been instructed to put enforcement on a temporary hold.

 

I am sure that I have already posted this before,

but when you email your forms,

you should receive an email back from the Traffic Enforcement Centre confirming rceipt.

 

The only time that another email may be received from TEC is in cases where there may have been a problem processing the forms.

 

this is usually only when the wrong forms have been used (TE7 and TE9 forms instead of forms PE2 and PE3).

[rocky_sharma]

It's now almost 6 weeks and haven't heard anything from anybody with regards to the PCN or warrant of control. any advice?

[Bailiff Advice]

Yes.....check your dates !!!

 

I calculate that it hasn't even been 3 weeks since you submitted the Out of Time application to the Traffic Enforcement Centre. You stated a number of times that you emailed the forms on 12th May....and we have had one bank holiday weekend since that date.