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#Post#: 40475--------------------------------------------------
Re: BAILIFF - 7 Days. Warrington Borough Council, PCN Driving
onto a Bus Only Road, Scotland Road - Warrington,
DIR By: H C Andersen
Date: October 12, 2024, 7:13 am
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[member=38]Enceladus[/member],.. But don't delay, else the
Council will claim that you closed the case by paying the PCN.
With respect, the council's view on this point is not relevant*
as regards TEC who would decide upon any OOT on its own merits.
OP, cp is correct in that you must find out to which addresses
the notices were sent AND the address on the present warrant
which can be done by asking the council and/or B&S before you
fire off an OOT.
You get one bite at this cherry, so get yourself informed.
*- perhaps if they considered it closed they might not twig that
they would need to object to an OOT application and thereby
allow TEC to issue a revoking order by default!
[member=2185]Pressman[/member], From a legal enforcement
perspective, it is important to note that any enforcement action
concerning the vehicle is ineffective, as you have already sold
it.
Sadly this could be a problem for the current owner unless the
OP notifies and shows to B&S that they've disposed of the
vehicle. Whether the OP wants to act on this is up to them. But
just imagine if you'd just bought a vehicle from a private
seller and then found it clamped outside your house a few weeks
later with a bailiff's notice stuck on the windscreen!
OP, a vehicle is a means to an end, not the end itself. You can
slip and slide, dodge and weave, batten down the hatches and try
all sorts of peripheral avoidance measures, but unless you
engage with the core issue it will not go away.
IMO, 4 players:
DVLA - when was your V5C updated to your current address?
Council- a SAR and who may or may not object to any OOT
application to....
Traffic Enforcement Centre - who alone will decide upon your
application; and
B&S - what notices have they sent in total and who you must
avoid being permitted to add £235 to the debt.
You say that your V5C did have your current address when the
vehicle was sold. It therefore must follow that unless this is
address C or D then between when you moved last and the sale you
must have updated it. IMO, at present your only chance to
succeed at TEC and thereby revert the process back to the
original PCN is to show that the V5C was updated soon after the
contravention.
#Post#: 40750--------------------------------------------------
Re: BAILIFF - 7 Days. Warrington Borough Council, PCN Driving
onto a Bus Only Road, Scotland Road - Warrington,
DIR By: TheConfusedMotorist
Date: October 14, 2024, 3:19 pm
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I really do appreciate your replies lads.
I would suspect paying it is the only due course.
"You can pay the £215 directly to the council and provide formal
written notice to the limited company, confirming that the debt
has been settled per the Warrant of Control. As per paragraph 59
of Schedule 12 of the Tribunals, Courts and Enforcement Act
2007, the enforcement agent bears liability should they proceed
with any enforcement action linked to a no longer enforceable
Warrant. This approach safeguards your position and ensures
compliance with the law, preventing unnecessary enforcement
steps."
I take this to mean, I contact the council and ask to pay what
debt I owe to them without the added fee's from B&S? Would they
not just pull a wall up and say the debt has now been passed on?
If they allow me to pay, should I email B&S with the payment
confirmation and tell them in no other terms that I will no
longer be corresponding with them over any charges they may deem
fit As per paragraph 59 of Schedule 12 of the Tribunals, Courts
and Enforcement Act 2007?
Thanks again all
#Post#: 40782--------------------------------------------------
Re: BAILIFF - 7 Days. Warrington Borough Council, PCN Driving
onto a Bus Only Road, Scotland Road - Warrington,
DIR By: Pressman
Date: October 14, 2024, 9:48 pm
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If the council responds by directing you to "contact the
bailiffs", their email constitutes clear evidence that you have
acted in good faith to resolve the debt within the legal bounds
of the enforcement process.
When notifying Bristow and Sutor of the payment, keep your
communication brief and focused. Provide the PCN number and
confirm that the debt has been fully paid. For your records, it
is prudent to send yourself a copy to timestamp this
correspondence.
By adhering to Paragraph 59 of Schedule 12 of the Tribunals,
Courts and Enforcement Act 2007, you have demonstrated your full
compliance with the law.
From a legal standpoint, an enforcement agent has not yet been
appointed to your case. If you choose to settle the debt as per
the warrant, you are not liable for any additional fees.
The Taking Control of Goods (Fees) Regulations 2014 stipulates
that such fees are applicable only to certificated bailiffs.
Bristow and Sutor, lacking the legal status of a certificated
bailiff, are not entitled to recover these fees.
It's worth noting that bailiff companies often cultivate the
misconception that they can act as bailiffs. However, this
status is strictly reserved for individuals holding a valid
certificate under Section 63 of the Tribunals, Courts and
Enforcement Act 2007.
#Post#: 40784--------------------------------------------------
Re: BAILIFF - 7 Days. Warrington Borough Council, PCN Driving
onto a Bus Only Road, Scotland Road - Warrington,
DIR By: H C Andersen
Date: October 15, 2024, 2:12 am
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Why would you want to pay £215, the debt is £190 until at least
the 15 October this being 'within 7 days' of their letter dated
8 Oct??
And as the debt involved is the same whether you pay the council
or the bailiff, then why not just pay the bailiff rather than
unilaterally step outside the process, possibly miss the 15th
and then get embroiled in complicated arguments and risk a
breakdown in communications which results in a visit from the
bailiffs. Be practical, would you rather have a visit or would
you not? Why operate on the brink just for the hell of it when
the risk is yours?
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