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#Post#: 41800--------------------------------------------------
Re: Ulez Fine now CDER Bailiff
DIR By: maripop00
Date: October 21, 2024, 6:53 pm
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--- Quote from: mickR link ---
>
> [quote author=maripop00 link=topic=3529.msg41752#msg41752
date=1729533242]
> [quote author=Enceladus link=topic=3529.msg41692#msg41692
date=1729519873]
> Have you ever used your mother's address as the Registered
Keeper address of the car with the DVLA. IE has your mother's
address ever been on the car's V5c registration doc?
>
--- End Quote ---
It is the same address where I live, or lived before I went
abroad back in end of April
[/quote]
and the answer to the actual question asked is???
[/quote]
My mum lives with me. :-\
Thought I already answered this, sorry
#Post#: 41802--------------------------------------------------
Re: Ulez Fine now CDER Bailiff
DIR By: Pressman
Date: October 21, 2024, 7:10 pm
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[member=3089]maripop00[/member]
You've been grilled like a Sunday roast, with every question
picking over answers you've already served up. So, let's skip
the fluff and get straight to the juicy bits to spare you any
further hassle.
Given your relocation overseas, the Warrant address remains at
your mother's. I provided guidance for making a Stage 1 Formal
Complaint to request the withdrawal of the enforcement.
As you currently reside abroad, enforcement action cannot be
pursued under the statutory provisions of the Tribunals, Courts,
and Enforcement Act 2007, which limits jurisdiction to England
and Wales.
Consequently, the Warrant of Control is unenforceable in this
context, and your mother is fully entitled to peace and privacy,
free from bailiffs attempting to seek you out at her doorstep.
If your mother feels concerned about her safety, she is entitled
to submit a Statutory Declaration confirming that she is the
sole occupant of the property and that you no longer reside
there, thereby removing the address from the scope of the
enforcement.
#Post#: 41805--------------------------------------------------
Re: Ulez Fine now CDER Bailiff
DIR By: maripop00
Date: October 21, 2024, 9:09 pm
---------------------------------------------------------
--- Quote from: Pressman link ---
>
> [member=3089]maripop00[/member]
>
> You've been grilled like a Sunday roast, with every question
picking over answers you've already served up. So, let's skip
the fluff and get straight to the juicy bits to spare you any
further hassle.
>
--- End Quote ---
Thank you for your advice and taking your time to respond.
Really appreciate this
#Post#: 41819--------------------------------------------------
Re: Ulez Fine now CDER Bailiff
DIR By: stamfordman
Date: October 22, 2024, 4:39 am
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So I'm guessing you went abroad - what date? - and the PCN,
charge certificate and order for recovery arrived and weren't
opened by your mother? But we don't know if they sent them to
the right address.
If you were moving abroad permanently TFL cannot pursue you
although they have an agency that tries to scare people. If you
give them your current address this should effectively write it
off but we haven't seen this situation before.
#Post#: 41838--------------------------------------------------
Re: Ulez Fine now CDER Bailiff
DIR By: Pressman
Date: October 22, 2024, 6:46 am
---------------------------------------------------------
--- Quote from: stamfordman link ---
>
> So I'm guessing you went abroad - what date? - and the PCN,
charge certificate and order for recovery arrived and weren't
opened by your mother? But we don't know if they sent them to
the right address.
--- End Quote ---
You should read the post because maripop00 indicates he went
abroad over a year ago. He mentioned that he will be abroad for
9-12 months, and the car is marked as "exported" due to being
outside the country for more than a year. Therefore, maripop00
went abroad sometime around April 2023.
--- Quote from: stamfordman link ---
>
> If you were moving abroad permanently TFL cannot pursue you
although they have an agency that tries to scare people. If you
give them your current address this should effectively write it
off but we haven't seen this situation before.
>
--- End Quote ---
Transport for London need not use agencies for intimidation, as
there are established legal frameworks for enforcing judgments
internationally. The Hague Convention on Choice of Court
Agreements (2005) or the Commonwealth Scheme may provide
suitable mechanisms for enforcement, depending on the
jurisdiction where Maripop00 resides. However, the Lugano
Convention is no longer applicable following Brexit
#Post#: 41847--------------------------------------------------
Re: Ulez Fine now CDER Bailiff
DIR By: John U.K.
Date: October 22, 2024, 8:00 am
---------------------------------------------------------
--- Quote ---
> You should read the post because maripop00 indicates he went
abroad over a year ago. He mentioned that he will be abroad for
9-12 months, and the car is marked as "exported" due to being
outside the country for more than a year. Therefore, maripop00
went abroad sometime around April 2023.
--- End Quote ---
- [member=2185]Pressman[/member]
I have been through this thread, reading carefully, and I find
no mention of 2023. All the instances of April seem to refer to
2024, including this from maripop00'e post Reply#16
--- Quote ---
> It is the same address where I live, or lived before I went
abroad back in end of April
--- End Quote ---
Hence my question posited in post Reply#18 :
--- Quote from: John U.K. link ---
>
> [quote author=maripop00 link=topic=3529.msg41680#msg41680
date=1729517032]
> The logbook was not changed, I bought the vehicle in April and
applied for a logbook in my name. I then went abroad with it
>
--- End Quote ---
Date of purchase / date on V5 - 10th April
Date of alleged contravention - 21st April
Could it be that DVLA had not fully updated its records when TfL
applied for owner details? Might that explain absence of post?
[/quote]
And the possibility that official notices from TfL went to the
previous owner's address until CDER tracked maripop00's home
address?
#Post#: 41850--------------------------------------------------
Re: Ulez Fine now CDER Bailiff
DIR By: mickR
Date: October 22, 2024, 8:23 am
---------------------------------------------------------
--- Quote from: Pressman link ---
>
> [quote author=stamfordman link=topic=3529.msg41819#msg41819
date=1729589978]
> So I'm guessing you went abroad - what date? - and the PCN,
charge certificate and order for recovery arrived and weren't
opened by your mother? But we don't know if they sent them to
the right address.
--- End Quote ---
You should read the post because maripop00 indicates he went
abroad over a year ago. He mentioned that he will be abroad for
9-12 months, and the car is marked as "exported" due to being
outside the country for more than a year. Therefore, maripop00
went abroad sometime around April
[/quote]
I think you need to read the post.
the op bought the car in April and then went about for about 9-
12 months NOT has been abroad for 9 - 12 months.
the OP has been grilled like a roast as its as difficult to get
straightforward replies as it is picking up red hot roast
potatoes with no gloves.
if the vehicle is marked as "exported" what address should be in
the V5 now?
#Post#: 41852--------------------------------------------------
Re: Ulez Fine now CDER Bailiff
DIR By: stamfordman
Date: October 22, 2024, 8:51 am
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The OP says none of the PCN letters were received so I would
have thought that merits investigation.
If you take a vehicle abroad for more than 12 months you must
tell DVLA it has been permanently exported, which I presume the
OP did. Less than 12 months you don't. But I don't think there
is a requirement to apply for a certificate of permanent export
and I presume the UK address remains on the record if you don't.
#Post#: 41888--------------------------------------------------
Re: Ulez Fine now CDER Bailiff
DIR By: H C Andersen
Date: October 22, 2024, 12:38 pm
---------------------------------------------------------
The OP says none of the PCN letters were received so I would
have thought that merits investigation.
Indeed, but the OP wasn't in residence as they've been abroad
since April and therefore has no first-hand knowledge.
OP, how about:
I bought a (non-compliant as regards ULEZ) car in Cheshire where
I live;
I gave my mother's address (her house, not mine)to DVLA because
I would be out of the country for some months;
I subsequently drove to London where inadvertently I entered the
ULEZ zone;
I didn't pay the road user charge and then left the country with
my car*;
My mother tells me that she didn't receive any notices at her
address until a Notice of Enforcement.
*- plausible based on what we know? But doesn't answer the
question why is the car still registered if DVLA have been told
it's been exported, aren't these mutually incompatible? Also,
the car's tax was valid until July 2024, but how come given that
a minimum of 6 months had to be bought in April? And the car's
not SORN'd.
If giving their mother's address was a matter of convenience and
the OP indeed does not live there but uses it perhaps as a
stopover then IMO they need to tell TfL the full story, not just
'I don't live there'. Any issues with the car's status aren't
germane for these purposes.
OP, we're asking these questions because you asked: 'how can I
keep my mother out of this?'. So is it her premises with none of
your goods there, how old is she and could you possibly and
objectively prove that she should be classified a 'vulnerable'
as understood under Schedule 12? None of this addresses your
liability and indeed if it's her property and you actually live
in Cheshire and her address is the one on the warrant because
you gave this to DVLA then ultimately the bailiffs would find
you in Cheshire IMO and due process followed from this point.
#Post#: 41906--------------------------------------------------
Re: Ulez Fine now CDER Bailiff
DIR By: mickR
Date: October 22, 2024, 2:01 pm
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noted HCA... re the car tax issue. it doesn't add up.
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