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#Post#: 36324--------------------------------------------------
Contacted by bailiffs for unaware PCN
DIR By: tawnyess
Date: September 10, 2024, 7:39 am
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I have been receiving texts from one source debt for last few
weeks. Decided to give them a call, after confirming name, they
wanted my address my current address which I mentioned was wrong
and it was my previous address which was correct.
It was a PCN from havering council (parking fine, yellow PCNs
stuck on my window according to having website images) which
occurred 31/08/2023.
My previous address was about 4 years ago when I moved to
current.
I do not remember a yellow on stuck on my window and obviously
did not receive any correspondence due to it being the wrong
address.
What can I do here?
#Post#: 36343--------------------------------------------------
Re: Contacted by bailiffs for unaware PCN
DIR By: Nom1
Date: September 10, 2024, 9:48 am
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Hi Tawnyess,
I believe you need to complete forms PE2 and PE3 immediately get
them witnessed by a solicitor and emailed into TEC as soon as
possible. (Sometimes you have to complete forms TE7 or TE9 but I
believe you are too late for that)
Once the correct forms are registered TEC they will halt all
action until your case is considered.
Top Tip
Park you car on a family member or friendly neighbour's
driveway, bailiffs cannot clamp your in these circumstances, but
beware of leaving your car in public places: roads, car parks
etc. until you know your forms have been registered and
processed by TEC!!
Nom1
#Post#: 36352--------------------------------------------------
Re: Contacted by bailiffs for unaware PCN
DIR By: fraser.mitchell
Date: September 10, 2024, 10:57 am
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So, when you moved 4 years ago, did you update the address on
the V5C Registration Certificate for the car ?
Read this and update your thread accordingly, because without
sight of documents we are totally in the dark. Only redact name
and address.
HTML https://www.ftla.uk/civil-penalty-charge-notices-(councils-tfl-and-so-on)/read-this-first-before-posting-your-case!-this-section-is-for-council-tfl-dartme/
#Post#: 36353--------------------------------------------------
Re: Contacted by bailiffs for unaware PCN
DIR By: tawnyess
Date: September 10, 2024, 11:34 am
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I don’t have that vehicle anymore and one I have now is on
finance
#Post#: 36362--------------------------------------------------
Re: Contacted by bailiffs for unaware PCN
DIR By: stamfordman
Date: September 10, 2024, 12:09 pm
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Do you have an enforcement notice from the bailiff.
Did you give them your current address.
#Post#: 36379--------------------------------------------------
Re: Contacted by bailiffs for unaware PCN
DIR By: Neil B
Date: September 10, 2024, 1:17 pm
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--- Quote from: Nom1 link ---
>
> Hi Tawnyess,
>
> I believe you need to complete forms PE2 and PE3 immediately
get them witnessed by a solicitor and emailed into TEC as soon
as possible. (Sometimes you have to complete forms TE7 or TE9
but I believe you are too late for that)
>
--- End Quote ---
This is nonsense. Don't assume that what applied in your case is
the same for others.
#Post#: 36398--------------------------------------------------
Re: Contacted by bailiffs for unaware PCN
DIR By: fraser.mitchell
Date: September 10, 2024, 3:40 pm
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Until we know the legislation under which the PCN was served,
the form of the submission to TEC is not decided.
--- Quote ---
> I don’t have that vehicle anymore and one I have now is on
finance
--- End Quote ---
What car you have now is irrelevant, the bailiffs are after
money to pay the debt, and if you don't pay can seize goods to
sell to generate the money. It is common for cars to be seized
as they are fairly easy to find. The fact your car is on finance
will not stop them.
My question is still the same - when you moved address did you
update the V5C for the vehicle ?
Reason for asking is that the only avenue open to you to revert
the matter back to the PCN, is to submit an out-of-time
declaration. Whether this is a Witness Statement, or a Statutory
Declaration depends on the reason for the PCN and the
legislation under which it was served. Parking PCNs are mostly,
(may be exclusively) served under the Traffic Management Act and
require a Witness Statement.
Any Out-of-Time submission must have a statment from you saying
why you are submitting out-of-time. The TEC court officer will
pass the details to the enforcing council who can object to it
and normally do so on the basis that they sent all the statutory
enforcement documents to the name and address advised by DVLA,
(i.e. the name and address on the V5C). If they do this, it is
almost inevitable your declaration will be refused. I'm afraid
there is no easy "Get out of jail free" card.
#Post#: 36407--------------------------------------------------
Re: Contacted by bailiffs for unaware PCN
DIR By: tawnyess
Date: September 10, 2024, 9:40 pm
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That’s the thing, the car that I got the pcn on was not on my
name but leasing company. And usually leasing company makes me
aware of PCNs. I do not have any letters from bailiff or
council. And have not told them my new address. The only way I
knew it because of a text to call the bailiffs. They provided me
with a pcn number and the pcn shows my vehicle with a yellow pcn
on windscreen. I do not remember this at all.
#Post#: 36409--------------------------------------------------
Re: Contacted by bailiffs for unaware PCN
DIR By: H C Andersen
Date: September 11, 2024, 2:45 am
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IMO, you have to discover more info if you want advice as to
your options.
Your name is on a warrant but the address is incorrect. You need
to discover why. We're not talking about ages ago, the relevant
issues occurred during the last year. As you now have a
different car, then you must have changed cars since Aug. 2023
which means that the previous(possibly still current) company
must have had your correct i.e. current address as at Aug. 2023.
Therefore we should be able to disregard you moving 4 years ago
because it's not relevant.
You have the PCN number, the bailiff and council. You also know
the leasing company concerned.
When did you change your car and are you still with the same
leasing company?
Is it the same as your current? If so, ask for copies of the
relevant correspondence.
If it's not the same, then you can still ask them if you have
contact details, after all you're looking at pretty recent
events.
You need documents, not telephone recollections.
As regards your car, if on the highway it may be immobilised
unless it's provided by Motobility or displaying a BB.
#Post#: 36411--------------------------------------------------
Re: Contacted by bailiffs for unaware PCN
DIR By: fraser.mitchell
Date: September 11, 2024, 3:24 am
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--- Quote ---
> the car that I got the pcn on was not on my name but leasing
company. And usually leasing company makes me aware of PCNs
--- End Quote ---
Oh dear, all this drip, drip drip of information. This latest is
probably key to success with your OOT
So the council would not have obtained your name and address
from the DVLA, but from the leasing company who would have
received the initial PCN, and responded with your name and
address. If this was not correct at the time the statutory
documents would have gone astray.
So it seems the content of your OOT submission must be based
around the leasing company supplying a wrong address. You could
then be in with a chance on your OOT.
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