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jamieleigh

Phoenix bailiffs - Seized Car for 5 PCNs change of reg'd Keeper During process

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On 10/12/2019 at 11:50, Bailiff Advice said:

At the time that the vehicle was seized,  a warrant would have already been issued against your ex partner. Most significantly, the warrant 'binds' the goods (in this case, the car). In simple terms, this means that the vehicle cannot be either sold or transferred. If it is, (which is what has happened), then the vehicle CAN be seized. 

 

As your ex partner was the registered keeper at the time of the various contraventions, then sadly, he is the person responsible for paying the debts. As such, it would be for him...and not you....to submit Out of Time witness statements. He would be able to make such applications on the basis that he had not received any of the statutory notices. In doing so, he would need to outline the reason WHY he would not have received any notices. 

 

As I understand it, there were five separate parking contraventions. Therefore, there would have been a total of 15 letters from the council (Notice to Owner (NtO), Charge Certificate and Order for Recovery). In his Out of Time application, your ex partner really should have elaborated on the reason WHY he had not received these notices. Instead, he has simply stated this:

 

'No Notice to Owner was ever received by myself, I WORK AWAY AND HAVE A 'COA' ONLY. 

 

Your ex should have provided far more detail as to WHY he did not receive the notices.

 

For example, was he working abroad?

How long was he working away for?

Did the person in charge of the 'care of' address notify him of correspondence?

How often did he return to that address?

 

Taking the above into consideration, I would be surprised if his applications were to be accepted. It normally takes approx. 4-6 weeks to receive notification of the decision. 

 

Did your ex provide the 'care of' address in his application? If so, has he taken steps to ensure that correspondence reaches him?

 

Hi the warrant only binds the goods that would have been listed on the controlled goods agreement. A controlled goods agreement was never completed.

As mentioned previously, I was the driver of the vehicle when seized, I was also at a family home in gillingham, the previous owner lives in walderslade. Bailiffs are allowed to remove goods from a business address or the debtors home address as advised by citizens  advice.

Also in regards to your last question, yes I believe he has confirmed with the courts to receive correspondence via email.

 

On 10/12/2019 at 15:18, dx100uk said:

Statutory notices etc cannot be sent by email

Yes they can

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they don't need a signed controlled goods agreement , these are PCN's

- At the time that the vehicle was seized,  a warrant would have already been issued against your ex partner. Most significantly, the warrant 'binds' the goods (in this case, the car). In simple terms, this means that the vehicle cannot be either sold or transferred. If it is, (which is what has happened), then the vehicle CAN be seized. 

 

there would have been a total of 15 letters from the council (Notice to Owner (NtO), Charge Certificate and Order for Recovery).

- none of those would ever be sent by email and neither from a court.

 

note sure where you are getting your info from but ………..

 


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

 

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