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#Post#: 26882--------------------------------------------------
*Bailiff* Westminster - Contravention12r - Now with Marstons -
Wrong Address
DIR By: JunotheCorso
Date: June 20, 2024, 8:06 am
---------------------------------------------------------
Westminster: WE52596990
The alleged contravention: 12r - Parked in a residents' or
shared use parking place or zone without a valid virtual permit
or clearly displaying a valid physical permit or voucher or pay
and display ticket issued for that place where required, or
without payment of the parking charge (residents’ bay)
Location
Examples: Wigmore Street F3
- EA visited old address not updated by DVLA (Currently fighting
them on this) and then got mobile from new residents in my flat
without my permission. Old neighbour was a pain in the ass and
had multiple noise complaints against him, he may have given my
phone number in breach of GDPR?
- Found out this has advanced to the baliff stage and now out
for enforcement with Marstons who contacted and said they plan
to visit on Friday, tomorrow.
- EA provided a screenshot of his system showing that the
warrant or file is on a previous address. DVLA cocked up and
didn't change my licence address and made that very difficult.
- EA claims they have my new address. No correspondence was
received and PCN was not on my windscreen
- Photo evidence does not show notice sign with the vehicle,
it's unclear if I am parked in a residents bay or not. They
could have faked this
I want to this fight and not pay.
HTML https://i.imgur.com/NXcQPR6.png
HTML https://i.imgur.com/pfJ3vJs.png
HTML https://i.imgur.com/ichJSxg.png
HTML https://i.imgur.com/Odzq20a.png
HTML https://i.imgur.com/KgtrP2x.png
HTML https://i.imgur.com/wkSah7t.png
HTML https://i.imgur.com/MKliIdf.png
HTML https://i.imgur.com/q0aIVnp.png
HTML https://i.imgur.com/Mnaq6K1.png
PE2 and PE3 not yet submitted waiting for review here.
HTML https://i.imgur.com/XbRgsOr.png
HTML https://i.imgur.com/wAHRacj.png
#Post#: 26885--------------------------------------------------
Re: *Bailiff* Westminster - Contravention12r - Now with Marstons
- Wrong Address
DIR By: DWMB2
Date: June 20, 2024, 8:28 am
---------------------------------------------------------
--- Quote from: JunotheCorso link ---
>
> DVLA cocked up and didn't change my licence address and made
that very difficult.
>
--- End Quote ---
A small but potentially very important detail - did you also
update the address on the vehicle's V5C document? This is an
entirely separate process to updating your licence, and changing
one does not change the other.
#Post#: 26888--------------------------------------------------
Re: *Bailiff* Westminster - Contravention12r - Now with Marstons
- Wrong Address
DIR By: JunotheCorso
Date: June 20, 2024, 9:07 am
---------------------------------------------------------
--- Quote from: DWMB2 link ---
>
> [quote author=JunotheCorso link=topic=2283.msg26882#msg26882
date=1718888809]
> DVLA cocked up and didn't change my licence address and made
that very difficult.
>
--- End Quote ---
A small but potentially very important detail - did you also
update the address on the vehicle's V5C document? This is an
entirely separate process to updating your licence, and changing
one does not change the other.
[/quote]
I believe I did, but in that time period I also have several
inquiries on-going with DVLA for other vehicles (purchasing and
selling) many of which the V62's were lost on first submission
and I believe that also happened with my personal vehicle when
sending the V5C for this. I have various tracking numbers and
receipts going to DVLA Swansea SA991BA
A bit of context about the inadequacy of DVLA:
For example, in early 2024 I had to complain to the DVLA
executive that the CIO case worker unit did not process several
V62's for purchasing of three vehicles from Auction. They lost
the V62's from October 2023, I had to submit again in Decemer
2023, then complaint for about 3 months because they didn't look
at the photo evidence sent to them via as requested and almost
closed the V62 cases. DVLA executive apologised then stepped in,
and still provided the log books late despite stating a date we
would receive.
Someone internally in DVLA then went and looked up all of our
company vehicles even going back to May 2023 and saw one vehicle
which was untaxed but off the road and issued a fine for £300+,
in a completely separate unrelated case to this. They also then
issued fines for untaxed vehicles on all three of our new
purchases stating they were untaxed in March 2024, in a
malicious act. We received the logbooks in April 2024 and they
issued untaxed vehicle fines for March 2024. The logbooks were
issued by DVLA about 1-2 weeks before the April 2024 acc. They
even couldn't adhere to the commitments made by the DVLA
executive that stated which date out logbooks would be issued.
We verified this by checking MOT status of the vehicle online
which shows you when the last logbook was processed. So IF there
were no postal issues, we had a two week time period to tax our
untaxed new purchase or get fined. There is a stage 2 out of 3
complaint now with the DVLA for malicious retaliation and
maladministration and misconduct.
(Note, we could not tax the vehicle, in the post office, online
or via paper according to the CIO due to it being a casework
investigation due to the value of the vehicles being high, which
was my main gripe with them as we couldn't get the vehicles
repaired and moving on.)
So that's a little background about DVLA being incompetent.
#Post#: 26895--------------------------------------------------
Re: *Bailiff* Westminster - Contravention12r - Now with Marstons
- Wrong Address
DIR By: Enceladus
Date: June 20, 2024, 9:43 am
---------------------------------------------------------
Put the other cars to one side for the moment. Do you have any
evidence that shows you applied to the DVLA for a change of RK
address on 74HT prior to the date of the contravention? Change
of address can be done online, so maybe you have an email
receipt?
One of the CEO's evidence photos appears to show a PCN envelope.
You appear to have the wrong forms. You've posted up Statutory
Declaration forms. You need a TE7 Out of Time
HTML https://assets.publishing.service.gov.uk/media/60c73ad0d3bf7f4bd6a9bc69/te7-dart-eng.pdf<br
/>and a TE9 Witness statement. You need to explain on the TE7
Out
of Time application why you are late filing the Witness
Statement and just stick to that.
#Post#: 26896--------------------------------------------------
Re: *Bailiff* Westminster - Contravention12r - Now with Marstons
- Wrong Address
DIR By: NighSoul
Date: June 20, 2024, 9:44 am
---------------------------------------------------------
The bailiff obtained your mobile number from DVLA, as you had
provided it during your V5 application. They did not obtain it
from a neighbour.
The Traffic Enforcement Centre (TEC) will reject your TE9 based
on the reasons you supplied. Instead, they will issue a new
warrant using your updated address, allowing enforcement to
proceed. Currently, the warrant lists your old address,
rendering it defective and nullifying any enforcement actions
taken under it. It is advisable to leave the defective Warrant
of Control as it is. Correcting it is not your responsibility.
#Post#: 26898--------------------------------------------------
Re: *Bailiff* Westminster - Contravention12r - Now with Marstons
- Wrong Address
DIR By: Enceladus
Date: June 20, 2024, 9:53 am
---------------------------------------------------------
--- Quote from: NighSoul link ---
>
> The bailiff obtained your mobile number from DVLA, as you had
provided it during your V5 application. They did not obtain it
from a neighbour.
>
> The Traffic Enforcement Centre (TEC) will reject your TE9
based on the reasons you supplied. Instead, they will issue a
new warrant using your updated address, allowing enforcement to
proceed. Currently, the warrant lists your old address,
rendering it defective and nullifying any enforcement actions
taken under it. It is advisable to leave the defective Warrant
of Control as it is. Correcting it is not your responsibility.
>
--- End Quote ---
Unless things have changed the VQ5 response from the DVLA does
not include phone numbers. It's just the Registered Keeper's
name and address.
The TEC will only re-seal the warrant when a request comes in
from the Enforcement Authority. They won't do it automatically
and nor can the bailiff request it. However the bailiff will be
able to trace your current address if they want to. They'll
inform the EA who can then request the re-seal on the warrant.
Not to mention the lack of an updated warrant won't stop them.
If the car is parked in a public place and they find it, they'll
just clamp it and threaten to tow it if you don't pay up. So I
wouldn't park it close to where you live, until this is
resolved.
#Post#: 26903--------------------------------------------------
Re: *Bailiff* Westminster - Contravention12r - Now with Marstons
- Wrong Address
DIR By: JunotheCorso
Date: June 20, 2024, 10:34 am
---------------------------------------------------------
--- Quote from: Enceladus link ---
>
> Put the other cars to one side for the moment. Do you have any
evidence that shows you applied to the DVLA for a change of RK
address on 74HT prior to the date of the contravention? Change
of address can be done online, so maybe you have an email
receipt?
>
> One of the CEO's evidence photos appears to show a PCN
envelope.
>
> You appear to have the wrong forms. You've posted up Statutory
Declaration forms. You need a TE7 Out of Time
HTML https://assets.publishing.service.gov.uk/media/60c73ad0d3bf7f4bd6a9bc69/te7-dart-eng.pdf<br
/>and a TE9 Witness statement. You need to explain on the TE7
Out
of Time application why you are late filing the Witness
Statement and just stick to that.
>
--- End Quote ---
I have screenshots from 2023 and recently showing that I could
not successfully change my address online due to a mismatch in
address. I tried every possible combination but nothing would
work and it directed me to the paperwork.
I'll have to dig out an old receipt from royal mail going to
DVLA and check
#Post#: 26904--------------------------------------------------
Re: *Bailiff* Westminster - Contravention12r - Now with Marstons
- Wrong Address
DIR By: JunotheCorso
Date: June 20, 2024, 10:37 am
---------------------------------------------------------
--- Quote from: NighSoul link ---
>
> The bailiff obtained your mobile number from DVLA, as you had
provided it during your V5 application. They did not obtain it
from a neighbour.
>
> The Traffic Enforcement Centre (TEC) will reject your TE9
based on the reasons you supplied. Instead, they will issue a
new warrant using your updated address, allowing enforcement to
proceed. Currently, the warrant lists your old address,
rendering it defective and nullifying any enforcement actions
taken under it. It is advisable to leave the defective Warrant
of Control as it is. Correcting it is not your responsibility.
>
--- End Quote ---
DVLA doesn't have my mobile number I never include a mobile
number or email address.
- If I submit the TE9, will they update my address but would the
proceedings also reset and revert back to PCN stage?
- If I leave the defective warrant and they clamp my vehicle, as
they have done so in the past, what remedy is there?
#Post#: 26905--------------------------------------------------
Re: *Bailiff* Westminster - Contravention12r - Now with Marstons
- Wrong Address
DIR By: JunotheCorso
Date: June 20, 2024, 10:41 am
---------------------------------------------------------
Sorry good spot, I actually did have the TE7 AND TE9 ready but
uploaded the wrong forms.
Are you sure I don't need to submit a TE7 AND TE9 at the same
time?
#Post#: 26918--------------------------------------------------
Re: *Bailiff* Westminster - Contravention12r - Now with Marstons
- Wrong Address
DIR By: NighSoul
Date: June 20, 2024, 1:21 pm
---------------------------------------------------------
It is essential to recognise that submitting a TE9 with the
Traffic Enforcement Centre (TEC) is a critical measure. This
action halts enforcement under paragraph 8.1 of Practice
Direction 75. The TEC then assesses your TE9. If accepted,
enforcement is suspended. Conversely, if rejected, enforcement
will proceed.
If the authority obtains a new Warrant with your current address
and the bailiff continues enforcement, this would constitute a
breach, as the bailiff must issue a Notice of Enforcement (NOE)
before taking control of goods. In such a scenario, you can file
an N244 application under Civil Procedure Rule 84.13 to request
the return of your vehicle and claim damages together with your
legal costs.
Should you allow the warrant to remain defective and the bailiff
locates your vehicle using an ANPR camera and removes it, your
case would fall under Paragraph 66(6) of Schedule 12 of the
Tribunals, Courts and Enforcement Act 2007. Often, with ANPR
camera use, the bailiff acts on a defective instrument (warrant
of control with an incorrect address), or the vehicle may not
belong to the debtor.
In your situation, even if the warrant address is correct and a
bailiff removes your vehicle, you should apply for its return
and claim for damages and legal costs by completing an N244
application under Civil Procedure Rule 84.13. This is necessary
because the bailiff breached regulations by failing to provide
the debtor with an inventory when he removed the vehicle.
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