CDER ANPR THREAT letter - had 2 pcns, paid one, forgot the other, - help!

[Campbell1]

Hi Everyone,

 

CDER have been chasing me to try and get £513 from me for a parking ticket I incurred in Lambeth in March last year. 

 

I managed to get 2 tickets in one day (don't ask) and paid one off, not having realised that I had actually incurred 2 tickets not one . 

 

I had to move address recently. 

The old address was visited by an 'enforcement agent' but after I had moved. 

I am staying with friends for now so won't have a new permanent address for a while. 

 

I'm aware that the old warrant would now not be valid because I am no longer resident at the old address. 

I've had no physical contact from CDER at the address where I'm staying, but have had a text from them today saying that their ANPR vehicles are 'in my area and my car could be seized'. 

 

This doesn't sound like something to ignore but by the same token I don't have £513 to give them at this moment. 

I need my car for work and couldn't afford to lose it. 

 

I'm trying to find ways to get the money but it will take a bit longer and I am concerned that there are now ANPR cameras looking for me! 

 

Any advice on the situation would be gratefully received. 

I realise I owe the money but don't have it to hand. 

Is there any point in speaking to CDER?

 

Many thanks. 

Edited February 22, 2022 by dx100uk
spacing

[dx100uk]

did you ever get the 2nd PCN directly from the council?

[Campbell1]

Yes - I originally had two notices from Lambeth Parking.  One was for leaving my car in a residents zone at the wrong time, and the other notice was for going into a bus lane.  I didn't even remember straying into a bus lane!  It was about 0630hrs in the morning and I was heading for a job interview so was focusing on trying to find the venue, not whether I had driven into a bus lane!!!

[dx100uk]

You are obv in hardship etc.

 

it can do you no harm to contact the council and explain they might take it back and help you.d

 

there is also your local councillors whos mobile numbers and email are freely available.

 

other than that, i'm not sure...

 

Dx

 

 

[Bailiff Advice]

You mention that you had been involved in two contraventions on the same day......one for parking and the other for driving into a bus lane.  You paid the parking penalty leaving the bus lane one unpaid. You also confirmed that you HAD received notices regarding both offences. 

 

I notice that you have also recently moved address.  If you had not been at the address to receive notices from Lambeth, you would ordinarily have grounds in which to file an Out of Time Statutory Declaration (forms PE2 and PE3). However, given that you had received all notices, I would very much doubt if your application would be accepted. 

 

Your reference to the warrant no longer being 'valid' is an interesting point. The legal position is that if a bailiff is made aware of a new address, he should return the warrant back to his client (in this case; Lambeth) and they will make a simple request to the Traffic Enforcement Centre to obtain permission to have the warrant 're-sealed' to your new address. HOWEVER.....and this is the important point.....the vehicle is located on a 'highway' by way of ANPR, the current warrant would be valid and your vehicle can be legally 'seized'. 

[Bailiff Advice]

I forgot to respond to your comment about the vehicle being needed for your employment.

 

The Taking Control of Goods Regulations 2013 states that a vehicle is exempt if it is 'necessary for use personally by the debtor IN the debtors' employment, trade, profession, study or education'. 

 

The important word is 'in' the debtor's employment. If a vehicle is needed to get to and from work...it would not be considered 'exempt'. 

 

Secondly, a vehicle will not be considered 'exempt' if its value exceeds £1,350. 

 

Edited February 23, 2022 by Bailiff Advice

[Campbell1]

Thank you very much indeed for responding to me. 

 

I was no longer resident at the address when the enforcement agent visited and left a notice but I imagine that wouldn't count in terms of a Out of Time Declaration.  That said, presumably it is worth a try. 

 

Beyond that, I will speak to Lambeth and ask them to consider withdrawing the notice or allowing me a payment arrangement.  

 

The only other question I had was regarding the legal requirement to provide 7 days' notice of action. 

 

If my vehicle went through an ANPR camera would I still receive 7 days' notice of action?  Thank you once again.

[dx100uk]

Going through any anpr camera alerts them.

 

its if one of their anpr equipped vans detects you and they are few and far between.

And thats a standard threat line they put in every like letter.

 

dx

[Bailiff Advice]

2 hours ago, Campbell1 said:

 

 

Beyond that, I will speak to Lambeth and ask them to consider withdrawing the notice or allowing me a payment arrangement.  

 

 

By all means call the council but I would be absolutely staggered if they were to agree to withdraw a warrant (or to allow you to make a repayment proposal with them). The reason why, is because of the wording under Item 11 of The National Standards for Enforcement Agents 2014 which states as follows:

 

Quote

Creditors agreeing the suspension of a warrant or making direct payment arrangements with debtors must give appropriate notification to and should pay appropriate fees due to the enforcement agent for the work they have undertaken.

 

 

 

 

 

Edited February 23, 2022 by Bailiff Advice