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#Post#: 45371--------------------------------------------------
Re: Bailiff stage - Not notified of PCN for box junction entry,
straight to enforcement
DIR By: Joe0002
Date: November 13, 2024, 1:36 am
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[member=38]Enceladus[/member] when you put it like that then it
seems incredibly doubtful that I would have not received the
first three documents, and in hindsight I wish I had taken a
copy of the V5 for my records.
The reg is correct as it states it in the enforcement notice. I
only have one picture of my old car where you can see the reg
plate, I shall link it below:
HTML https://imgur.com/a/CklP8co
I’ve just tried to find my old car details on the MOT check
website and it seems to have disappeared. Possibly been scrapped
or had the plates changed?
#Post#: 45375--------------------------------------------------
Re: Bailiff stage - Not notified of PCN for box junction entry,
straight to enforcement
DIR By: H C Andersen
Date: November 13, 2024, 2:27 am
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This could be batted around almost endlessly because we don't
have enough facts.
As regards the PCN:
To whom and where was this and subsequent notices sent? You have
to find out, we can't. You could ask the authority - and include
dates for when they were posted - but do not ask for copies
because they'll baulk. As you're asking for personal info which
they hold on the addressee you might be asked to prove you're
that person and that they may release the info. This might be a
barrier, in which case you need to submit a simple,
straightforward(despite the name) Subject Access Request to the
council.
HTML https://www.lbhf.gov.uk/councillors-and-democracy/data-and-information/your-data-rights/your-data-rights-how-exercise-them
You shouldn't have to explain, but sometimes it's better so you
want the addressee, addresses plus dates of posting of:
PCN
Charge Certificate
Order for Recovery
The warrant of control
(you already have the Notice of Enforcement and notice demanding
the enforcement fee, yes?)
There's often an issue around the address on the warrant which,
if it is made out as per the council's notices, could give the
'wrong' address. This means that the bailiff could not enforce
against your premises but could still do so against any car that
you own if parked on the road.
Which itself would beg the question why, once they discovered
your current address, did they not notify their client to get
the warrant reissued with a correct address?
So many unknowns.
OP, over to you. I agree that paying now is the best interim
step because this doesn't prejudice your position as regards
scrutinising the council's and bailiff's procedures or as
regards getting the process reset to the PCN.
#Post#: 45432--------------------------------------------------
Re: Bailiff stage - Not notified of PCN for box junction entry,
straight to enforcement
DIR By: Enceladus
Date: November 13, 2024, 7:24 am
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The link to the bailiff's Notice of Enforcement is in the
opening post.
The NoE is dated 1st November 2024 and the deadline is 23:59 on
Friday the 15th Nov.
The amount demanded is £279. £204 Council and £75 bailiff fee.
The OP has already confirmed that the address on the NoE is
correct.
If the £279 is not paid then the bailiff will eventually visit
the current address and a further fee of £235 will be added.
Given the recent nature of the NoE and the elapsed time between
the NoE and the original contravention, 18th June 2023, I think
it highly probable that the Council has appelied to the TEC to
have the warrant re-issued to the OP's current address from some
other currently unknown address where the bailiff was unable to
enforce.
Local Authority Warrants of Control are not posted to the
Registered Keeper. They are passed electronically to the
Enforcement Agent companies. The missing docs are the PCN,
Charge Cert and Order for Recovery, all of which would have been
posted to the address held by the DVLA on the 18th June.
I suggest the OP phones the TEC and ask for the date that the
warrant was originally sealed (issued), the address used and
whether and when was it re-sealed (re-issued)? Tel:
0300-1231059.
The OP could also phone LBHF and ask for the address used on the
PCN and following notices.
#Post#: 45441--------------------------------------------------
Re: Bailiff stage - Not notified of PCN for box junction entry,
straight to enforcement
DIR By: H C Andersen
Date: November 13, 2024, 8:00 am
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IMO, something's awry with timings here. It might just be minor
inaccuracies in the OP's narrative or possibly something more
significant.
The first time i was made aware of the incident was when I
received a text from Marston Recovery at the start of November
2024 indicating it had moved to enforcement stage. As i was
unaware of this incident, i deleted the text assuming it was a
scam and emailed the Marston customer service to clarify if this
was a legitimate text. No response has been received so far.
I then received the below document in the post to my new address
which confirmed this was a legitimate case, at which point the
liability is now £279:
This was read that the link was merely confirmation that this
was a legitimate case, not a procedural notice i.e. NoE. The NoE
is dated 1 Nov. so logically could not have been sent after the
OP's conversation with Marston which itself was only prompted by
the text at the 'start of November' which was then deleted and
followed by a phone call all prior to the NoE arriving on or
about 5 Nov. But what if the OP is a few days out? Perhaps the
text and conversation took place prior to/on the 1 Nov. and that
in their conversation with Marston - which was prompted only by
a text- they gave away their new address which hitherto Marston
did not know. Otherwise is it one hell of a coincidence.
If this is correct then the likelihood that there wasn't(and
possibly still isn't) a properly made out warrant remains and
needs to be examined IMO. Having a NoE with the correct address,
possibly posted after the conversation, does not disprove this
possibility. This could remove the £75 and paying now would
avoid the £235.
OP, what do you remember about your conversation and did you
give them your address?
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