Northampton PCN Marstons Bailiff Visit 3 months after failed TEC decision - no warning!

[JC101]

Hi - wonder if anybody can help me please!

 

I had an appeal at TEC in Northampton about a ticket that I was fighting, it went against me (it happens!) - and the letter from the courts said it would therefore just continue as previously. 

This morning a Bailiff turns up at my house, I wasn't in, very threatening towards my wife, who had 3 small kids with her - big burly guy, talking about police coming and entering the property, real bullying tactics from Marston. I'd expect nothing less.

My question - I really can't recall if prior to my appeal the ticket had gone to enforcement stage or not, but is there not a duty for somebody to send me a letter first to say the matter is back with the bailiff? The tribunal decision was February, and I had nothing since, apart from this visit.

Secondly - once my wife had said I wasn't in, and my car is registered in my name, do they have any right to even speak to my wife or appear threatening?

Thank you!

JC

[dx100uk]

with the number of bailiff threads here you have...you should know the answer better than we do....

i'd be finding the reason why you appear to have a bailiff magnet fitted to your car.......

what made you appeal to TEC in the 1st place, p'haps why you did is you'd already gotten the NOE.?

i strongly suspect you did, not moved have you or the car is registered to a different address par chance is it?
 

[JC101]

Thanks for the somewhat cursory response! 

I certainly have had my fair share of run ins, but that's because I challenge everything, and not just simply sit there and pay, unless necessary.

In the course of my job I receive a lot of tickets - and inevitably there are those that get left behind. In the case I'm talking about, I sent an appeal which was not received, and I received nothing back from the council. Hence it going to enforcement, whilst I was appealing. That is sort of irrelevant though. 

That's pretty much it - I haven't moved, car is still in my name - the question is simply, do the council or bailiff have to send me any correspondence before clearly just turning up out of the blue, once TEC have dismissed my appeal.

I couldnt find the answer in the threads.

Thanks

PS - I have also received over £4000 in compensation from bailiff companies for procedural irregularities, or downright lies...

[dx100uk]

Good show.

So if they didnt get rhe appeal its as if you did nothing. So yes surely a notice of enforcement etc must be sent and the 7days before attendance must be abided by.

I'd say youve a good case here..where is it marstons.

 

Dx

[JC101]

Cheers, so I need to find out what Marston have claimed to send to me. Will do and revert.

 

If they had sent something back before it went to appeal ( i don't recall seeing anything) would they be able to just pick up from where they left off? Without further letters?

[dx100uk]

When was the incident, was it within the last year. I know a warrant expires ... but not sure on a NOE. Doubt it 

[AndyOrch]

Notice of enforcements expire after 12 months IE if the date on the NOE is more than 12 months old then the enforcement of the debt ceases to be lawfully valid

[JC101]

Pretty sure it was within the year, so guess they don't need to resend anything?

 

Seems bizarre when the previous notice was easily 6 months ago. 

[blfuk1]

A couple of points. 

The enforcement agency are only obliged [legally] to send one Notice - the Notice of Enforcement giving you 7 clear days [most simply set it as 14 calendar days which more than covers the requirement].

  In cases where a creditor places the case on hold pending the outcome of a late witness statement (appeal), it would be good practice, where it is rejected, for the agency to send a letter/text/e-mail advising they are resuming, but not a legal requirement (and perhaps too costly when thousands of cases are dealt with?).  The onus would be on the debtor, knowing their challenge has failed, to resolve matters with the agent.

The warrant itself does not have a 12 month lifespan, it's the process which is time barred. 

The agent must take control of goods within 12 months of issuing the Notice of Enforcement or 12 months from when any [compliance stage] arrangement is defaulted on.  If a default happens after 6 months, for example, the 'life' of the warrant would then be 18 months.

Finally, the agent/agency must 'give' notice but there is nothing which prevents them continuing to enforce where the debtor claims not to have [or really didn't] receive Notice.