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#Post#: 27045--------------------------------------------------
Re: *Bailiff* Westminster - Contravention12r - Now with Marstons
- Wrong Address
DIR By: JunotheCorso
Date: June 21, 2024, 4:05 pm
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--- Quote from: NighSoul link ---
>
> 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.
>
--- End Quote ---
For the previous warrants which were defected with wrong address
but paid do I need any specific reason on the form?
#Post#: 27046--------------------------------------------------
Re: *Bailiff* Westminster - Contravention12r - Now with Marstons
- Wrong Address
DIR By: JunotheCorso
Date: June 21, 2024, 4:06 pm
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Does anyone have examples of individuals winning compensation
and damages against a local authority or TFL when EA's have
clamped/towed car with a defective warrant (wrong address).
This N244 form has been mentioned by a few people now but there
doesnt seem to be any examples of wins that i can find?
#Post#: 27069--------------------------------------------------
Re: *Bailiff* Westminster - Contravention12r - Now with Marstons
- Wrong Address
DIR By: MythSoul
Date: June 22, 2024, 1:13 am
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Cases involving applications against enforcment using a
defective instrument are typically unreported, as they are
handled as "applications" under Civil Procedure Rule 84.13
rather than court claims. When applying for damages due to
enforcement under a defective warrant, it is essential to
provide evidence of the defect and quantify any special damages
with supporting evidence. Failure to do so may result in the
court awarding only nominal damages, such as £25 per day for the
loss of a vehicle, as demonstrated in Burton v Ministry of
Justice [2024] EWCA Civ 681
HTML https://www.bailii.org/ew/cases/EWCA/Civ/2024/681.pdf.
#Post#: 27076--------------------------------------------------
Re: *Bailiff* Westminster - Contravention12r - Now with Marstons
- Wrong Address
DIR By: H C Andersen
Date: June 22, 2024, 4:25 am
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OP, can we get back to what IMO is the central issue please
which is what could you legitimately put in an OOT submission
such as to give you the best chance of the OfR being revoked.
As a working hypothesis let's say that the council issued all
necessary notices in a timely manner to the DVLA address. This
then leaves you with why should the NTO be deemed not received
by you?
Your claim, as with many we see here, is that the DVLA address
was not your address for service; that you had notified DVLA of
the change prior to the contravention; that there was no reason
for you to access mail delivered to this address; that you were
unaware that DVLA had not updated the change; and that you had
done everything which could reasonably have been expected of you
to rectify the situation with DVLA.
I've seen nothing in the form of hard proof which addresses the
highlighted points. IMO, you* need to get back to these issues.
You should pay the bailiff to cap your liability because all
monies would be returned should your OOT and subsequent
reps/appeal succeed.
It is the registered keeper's duty to maintain a current address
for service. If an application is made in writing then the DVLA
website gives the following:
If your new log book does not arrive
Contact DVLA if the new log book has not arrived after 4 weeks.
If you have not received your log book after 6 weeks and you
have not notified DVLA, you’ll have to pay £25 to get a
replacement.
*- your thread refers to a company in some posts, is the RK a
person or corporation?
#Post#: 27090--------------------------------------------------
Re: *Bailiff* Westminster - Contravention12r - Now with Marstons
- Wrong Address
DIR By: Enceladus
Date: June 22, 2024, 5:59 am
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To answer two of the OP's questions.
Yes if you want to submit a Witness Statement that is late then
you also need need to submit the associated Out of Time
application at the same time. That seems to be the case here.
You need to be very careful explaining why you are late else the
council will likely object and the Court will likely refuse your
application.
And yes you should put the correct current address on the OOT
and WS. The Council well be informed of your application and
will update the address on their system if it's different. A
re-seal of the warrant with updated address will be requested
from the TEC and the bailiff will also be informed.
The issue date on the V5c registration doc for your car is dated
the 28th June 2022. That's prior to the date of the alleged
contravention 17th Nov 2023.
So dig out your V5c. Is the name and address on it correct? IE
you at the address where you actually live. Or is the car maybe
registered to a company or a lease company? Don't assume
anything, actually check the V5c.
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