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#Post#: 44768--------------------------------------------------
Re: Bailiffs. Fine sent to old adress.
DIR By: Enceladus
Date: November 9, 2024, 11:26 am
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Please post up a list of all of the PCNs.
Include the date of issue and the PCN numbers.
Please indicate which PCNs the bailiff is currently pursuing?
What is the vehicle reg?
And please don't submit any out of time applications or pay the
bailiff any money until we have all of the facts.
#Post#: 44770--------------------------------------------------
Re: Bailiffs. Fine sent to old adress.
DIR By: Dudess73
Date: November 9, 2024, 11:30 am
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Ok I will do this for you later in this evening. Please look out
for my reply in a few hours time.
#Post#: 44772--------------------------------------------------
Re: Bailiffs. Fine sent to old adress.
DIR By: Dudess73
Date: November 9, 2024, 11:32 am
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Just a question.
Whilst this is happening should I be putting my car on a private
drive not my own? Would a neighbour’s drive be an option?
#Post#: 44774--------------------------------------------------
Re: Bailiffs. Fine sent to old adress.
DIR By: Pressman
Date: November 9, 2024, 11:39 am
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A warrant issued in a debtor's maiden name remains enforceable
unless the address is incorrect, which would render it invalid.
There are numerous precedents supporting this position, though
they are too extensive to list comprehensively here.
It is crucial to avoid completing a PE2 or TE9 form or
disclosing your current address. Doing so would immediately
activate CPR 75.7(7), enabling the council to issue a new
warrant at your updated address. This action would effectively
reset the process, inviting bailiffs to resume enforcement even
before the authority has addressed your Rule 6 notice.
Putting your car on someone else's driveway prevents the bailiff
from removing it; otherwise, the enforcement is in breach of
Paragraph 14(6) of Schedule 12 of the Tribunals Courts and
Enforcement Act 2007.
While suggesting PE2 or TE9 may come from a place of goodwill,
following this route in your particular situation could lead to
unintended consequences, ultimately working against your
interests.
#Post#: 44775--------------------------------------------------
Re: Bailiffs. Fine sent to old adress.
DIR By: H C Andersen
Date: November 9, 2024, 11:45 am
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OP, IMO get your priorities right pl.
The other 5 I can still see on the Barnet website- they have the
option to pay a £205 fine each.
We and you MUST KNOW when the Orders for Recovery 21 day periods
for submitting your reset applications expire.
ANY still in time must be dealt with before anything else IMO.
#Post#: 44777--------------------------------------------------
Re: Bailiffs. Fine sent to old adress.
DIR By: Enceladus
Date: November 9, 2024, 11:50 am
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Yes I agree. the status of the remaining five PCNs are a
priority.
Please let's have a complete list.
--- Quote from: catnip link ---
>
> 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?
>
--- End Quote ---
That's a good question.
It seems that you cannot update the RK name and address online
at the same time
HTML https://www.gov.uk/change-address-v5c/change-name-address-v5c.<br
/>You have to fill in the relevant parts of the V5c and post
them
to the DVLA and it can take six weeks. A copy of your marriage
cert needs to be included.
Interestingly a copy of the marriage cert or deed poll is not
required just to change the name, without changing the address.
However I assume there is no reason why you cannot keep using
your maiden name if you want to. In which case you can update
the RK address online. So I would still update the address
online.
#Post#: 44779--------------------------------------------------
Re: Bailiffs. Fine sent to old adress.
DIR By: Dudess73
Date: November 9, 2024, 12:02 pm
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The other 5 I can see on the Barnet website – when I spoke to
the TRAFFIC enforcement company they said that all of my fines
were out of time. However, I thought to check on the Barnet
website and it seems I can take the boxes with option to pay the
full amount still on five of my PCNs.
If I don’t submit a PE2/3 then what else can I do especially
with regards to the three that are with the bailiffs now?
#Post#: 44782--------------------------------------------------
Re: Bailiffs. Fine sent to old adress.
DIR By: Pressman
Date: November 9, 2024, 12:38 pm
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To address the enforcement activity by Barnet, I advise you to
review Post 18 within the thread linked here:
HTML https://www.ftla.uk/civil-penalty-charge-notices-(councils-tfl-and-so-on)/bailiffs-in-touch-moving-to-court-reading-council-pcn-contravention-bus-lane-not/15/?PHPSESSID=ntfcqrjceun1t2934m2p80e53g
This post outlines a relevant approach that can assist in
constructing a robust Rule 6 notice demanding an immediate
cessation of enforcement action. The grounds for this are that
the current Warrant of Control inaccurately lists a former
address, rendering it invalid and unenforceable under the
present circumstances.
Utilising the structure and wording within the post will enable
you to present a clear, firm, and authoritative notice. This
document should unequivocally communicate to Barnet that their
enforcement authority is compromised due to the procedural
defect, thereby requiring them to desist until a corrected
warrant is issued. By formally notifying them of this defect,
you assertively challenge the legitimacy of their current
enforcement actions. This strategic approach enhances your
position and compels Barnet to comply with the prescribed
procedural standards.
#Post#: 44789--------------------------------------------------
Re: Bailiffs. Fine sent to old adress.
DIR By: Dudess73
Date: November 9, 2024, 1:31 pm
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Thank you Pressman,
If this is successful will it mean they have to re issue the
fine at the first stage? i.e at the reduced sum? I think it’s
£120 and then £60 for early payment?
#Post#: 44792--------------------------------------------------
Re: Bailiffs. Fine sent to old adress.
DIR By: H C Andersen
Date: November 9, 2024, 2:09 pm
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If this is successful will it mean they have to re issue the
fine at the first stage? i.e at the reduced sum? I think it’s
£120 and then £60 for early payment?
No.
You need to differentiate between the authority's procedures and
post OfR. But if you relieve yourself of £75+£235 then this is
progress.
ONLY TEC may revert the process to the PCN stage, which is
what's implied by your post.
And if you're in the OOT situation, then IMO you'll struggle to
get the OfRs etc. cancelled. Temporary relief from enforcement
of a warrant is...temporary relief.
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