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#Post#: 44742--------------------------------------------------
Re: Bailiffs. Fine sent to old adress.
DIR By: Pressman
Date: November 9, 2024, 8:40 am
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Go with this.
Subject: Defective Warrant and Cease and Desist Notice under CPR
Rule 6
Dear London Borough of Barnet,
I am writing to urgently address serious procedural deficiencies
in the enforcement actions related to multiple Penalty Charge
Notices (PCNs) issued for the alleged "no left turn"
contravention from Tilling Road to Brentfield Gardens. I believe
the Warrant of Control is defective, and procedural breaches
render any ongoing enforcement invalid until these issues are
resolved immediately.
Incorrect Address on the Warrant: Enforcement actions were
directed to my previous address, despite my efforts to update my
details and having a Royal Mail redirection in place. This
breaches Regulation 8 of The Taking Control of Goods Regulations
2013, which requires enforcement notices to be sent to the "last
known address". The failure to verify my address compromises the
validity of the Warrant under CPR Rule 83.9.
Absence of Proper Notification: I received no correspondence at
my new address. Under Schedule 12 of the Tribunals, Courts and
Enforcement Act 2007 and Regulation 3 of The Civil Enforcement
of Parking Contraventions (England) General Regulations 2007,
notices must be sent to the registered keeper's current address.
The lack of notice has obstructed my right to respond, further
undermining the legitimacy of enforcement actions.
Repetitive Issuance of PCNs: Seven PCNs were issued for the same
offence without prior warning or opportunity for rectification.
This breaches the Statutory Guidance for Local Authorities on
Civil Enforcement of Parking Contraventions, which advises
authorities to inform motorists of recurring offences to avoid a
punitive approach. Barnet Council's failure to do so is
disproportionate and unfair.
In light of these serious procedural defects, I demand the
immediate suspension of all enforcement actions related to these
PCNs. I further request an urgent review of the Warrant to
verify adherence to statutory regulations. Please provide
written confirmation within 7 days outlining the steps Barnet
Council will take to achieve full compliance. Additionally, I
require a formal cease and desist notice from Barnet Council in
writing by 14 November 2024, confirming the suspension of all
enforcement actions until these procedural issues are fully
resolved. If enforcement proceeds without resolving these
statutory breaches, I will be left with no option but to
commence formal legal action.
I trust you will treat this matter with the utmost urgency and
respond promptly to avoid unnecessary escalation.
Yours sincerely,[Your Full Name]
#Post#: 44751--------------------------------------------------
Re: Bailiffs. Fine sent to old adress.
DIR By: Dudess73
Date: November 9, 2024, 9:31 am
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Dear Pressman,
You are very kind to do this for me I am so grateful for your
help.
I will send this letter to London Borough of Barnet parking
team.
Should I send it via email? I have contacted them before using
the enquiry form on their website - but is there a more formal
address to send it too? Also, I have already sent Barnet a
message via the online website enquiry form asking them to put
my case on hold with the bailiffs whilst I organise an PE2/PE3
form - has this ruined my case and made your letter un-sendable?
#Post#: 44752--------------------------------------------------
Re: Bailiffs. Fine sent to old adress.
DIR By: Dudess73
Date: November 9, 2024, 9:35 am
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Dear Pressman,
Also I want to clarify one thing, my V5c is still registered to
my old address. That is probably why this has happened. Is your
letter still valid?
Many thanks again.
#Post#: 44757--------------------------------------------------
Re: Bailiffs. Fine sent to old adress.
DIR By: Enceladus
Date: November 9, 2024, 10:26 am
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You will have to put your correct and current address on the
Statutory Declaration (PE3) and it's associated Out of Time
Application (PE2). It would be illegal not to. The Council will
be informed of your application and consequently the updated
address. They will no doubt inform their agents, the bailiffs.
Even if the bailiffs don't know already.
I would update the V5c with the DVLA now. You can do it online.
It won't do you any good to delay.
#Post#: 44758--------------------------------------------------
Re: Bailiffs. Fine sent to old adress.
DIR By: Dudess73
Date: November 9, 2024, 10:43 am
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I will be using my correct address on the PE2/3 forms and also
be updating my V5c this weekend.
Please could you re clarify the following:
If the V5c is in my old address will the council say they tried
to contact me at the " last known address"?
You have written in your letter the following:
"This breaches Regulation 8 of The Taking Control of Goods
Regulations 2013, which requires enforcement notices to be sent
to the "last known address". The failure to verify my address
compromises the validity of the Warrant under CPR Rule 83.9."
Does this still apply if they did not have my new address?
I am presuming that the council received all my undelivered post
as Royal mail said they could not deliver it.
This seems to be a sticking point.
#Post#: 44759--------------------------------------------------
Re: Bailiffs. Fine sent to old adress.
DIR By: H C Andersen
Date: November 9, 2024, 10:56 am
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[member=38]Enceladus[/member], +1
+1. Frankly the letter draft is unnecessary and also incorrect
in important details.
They can't enforce against you at your old address because you
don't live there. Whoever does will no doubt tell them as much,
and maybe where you live if they know. So this doesn't need a
letter from you in the terms suggested. As regards the
authority's use of your old address, up to and including the OfR
their obligation is to use the keeper info supplied by DVLA.(and
as you haven't yet bothered to update this, what else could they
use even if they wanted to?). The 2007 regs do not exist because
they have been revoked and replaced by the 2022 regs.
But for me of more importance is: The other 5 contraventions are
near bailiff stage.
What does this mean precisely? If any of the Orders for Recovery
have not lapsed then your priority MUST be to submit Stat Decs
where possible.
#Post#: 44761--------------------------------------------------
Re: Bailiffs. Fine sent to old adress.
DIR By: Dudess73
Date: November 9, 2024, 11:08 am
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Yea agree about my mistake in not updating my V5c address.
The other 5 I can still see on the Barnet website- they have the
option to pay a £205 fine each. I think they are about to be
sent off to the bailiffs from What i could gather from the
person I spoke to at the council.
These remaining 5 - I will be issuing the out of time forms for.
As they are not with a bailiff does this mean that they will be
put on hold until Barnet have made a decision ? Thank you
#Post#: 44763--------------------------------------------------
Re: Bailiffs. Fine sent to old adress.
DIR By: catnip
Date: November 9, 2024, 11:09 am
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Just reading through this and one point to me stands out, the
PCNs and presumably the Bailiff letters will be in your maiden
name as this is what appears on the V5C, does this help in any
way?
#Post#: 44764--------------------------------------------------
Re: Bailiffs. Fine sent to old adress.
DIR By: Dudess73
Date: November 9, 2024, 11:16 am
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Yes they are in my maiden name. this is why this has happened.
I am wondering if there is any point of trying to get an out of
time form for the three fines with the bailiffs now.
#Post#: 44765--------------------------------------------------
Re: Bailiffs. Fine sent to old adress.
DIR By: Neil B
Date: November 9, 2024, 11:17 am
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--- Quote from: Dudess73 link ---
>
> Yea agree about my mistake in not updating my V5c address.
> The other 5 I can still see on the Barnet website- they have
the option to pay a £205 fine each. I think they are about to be
sent off to the bailiffs from What i could gather from the
person I spoke to at the council.
> These remaining 5 - I will be issuing the out of time forms
for. As they are not with a bailiff does this mean that they
will be put on hold until Barnet have made a decision ? Thank
you
>
--- End Quote ---
No you are getting this wrong and making flawed assumptions.
Just tell us the latest position with each pcn.
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