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#Post#: 26553--------------------------------------------------
Re: Bailiff - Brent Council, 50 Performing a prohibited turn,
Glacier Way, Brent
DIR By: fraser.mitchell
Date: June 18, 2024, 8:01 am
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Having now read your OOT submission, I can see why it was
rejected. What a pity you didn't seek help on here, or by
'bailiffadviceonline', before submitting it, but what is done is
done, unfortunately.
Nowhere on the reason for requesting an OOT submission do you
mention that the address on your V5C is correct therefore there
was no reason for the statutory enforcement documents to not be
received. I checked your reg number using "check ved" and the
last V5C was issued on 18th November 2022, so just as you said
here. However, all three documents went astray, so either there
is an error you haven't spotted on your V5 or the post was
thrown away by persons unknown when you were abroad.
Is it worth going for a review of the TEC decision ? At the
stage you are at, it is now a matter of minimising the amount
you may have to pay. A papers-based review will be by a county
court judge looking at your submission, and also the objection
submitted by the enforcing council. They will say they sent all
the statutory documents to the V5 address and none were
returned. There is no opportunity to speak to the judge to
further explain your situation or answer questions. For this
same reason, we don't recommend papers-based adjudications on
this forum, so if you want a fair hearing, it needs to be the
higher cost option of an interview with the judge "in chambers".
However if he declines to order the OOT be accepted, you would
have the cost of this, plus the existing bailiff fees to pay. A
very hard decision to make !
#Post#: 26614--------------------------------------------------
Re: Bailiff - Brent Council, 50 Performing a prohibited turn,
Glacier Way, Brent
DIR By: H C Andersen
Date: June 18, 2024, 3:35 pm
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Or the OP's DVLA address does not accord with the Royal Mail's
postcode finder.
HTML https://www.royalmail.com/find-a-postcode
Or, like my recent case, the DVLA address has been transcribed
incorrectly.
OP, pay the enforcement officer.
Why?
Because this has nothing to do with the N244 process.
AND get hold of copies of the PCN and OfR.
The ONLY way to tell what address has been used is to see copies
of the notices.
#Post#: 26801--------------------------------------------------
Re: Bailiff - Brent Council, 50 Performing a prohibited turn,
Glacier Way, Brent
DIR By: ivanleo
Date: June 19, 2024, 4:38 pm
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--- Quote from: raphaeldonatello link ---
>
> cp8759 - what would you advise if your partner/ son/ daughter
was in this situation?
>
--- End Quote ---
[member=1982]raphaeldonatello[/member] I suspect I'd just offer
to pay the £303 fee myself to test the argument. But then, I'd
be able to look at all the papers including the V5C to work out
what's gone wrong. If you want to send me unredacted copies of
all the documents privately, drop me a PM and I can send you my
email address.
If you attempt an N244 then you may or may not get the fees
back, the simple truth is that we cannot say for sure because
we've never tested the argument properly.
The one word of warning I would give you is you cannot change
the owner of the car, there are specific rules around any
transfers of property effect for the purposes of evading
enforcement being deemed invalid by law. After all, the people
who drafted these laws weren't born yesterday. So it would still
be your car and it could still be taken and sold.
The question worth asking is how much is the car actually worth?
I don't know the latest figures but I have heard before that if
a car is worth under £10k, then it's not actually worth the
hassle and expense of removing it and selling it at auction.
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