DIR Return Create A Forum - Home
---------------------------------------------------------
FreeTrafficLegalAdvice
HTML https://ftla.createaforum.com
---------------------------------------------------------
*****************************************************
DIR Return to: Civil penalty charge notices (Councils, TFL and so ...
*****************************************************
#Post#: 3220--------------------------------------------------
Horrible situation with bailiffs and no idea what the fine is
for
DIR By: on_reflection
Date: August 14, 2023, 9:02 am
---------------------------------------------------------
Hello
- Four days ago, my old housemate messaged me to tell me a
bailiff (Marston rec) came round and sent me the form he left.
He says I owe over £500 and this is the first I'm hearing of it.
- I thought I'd registered my new address on my V5C. I tried
doing this a couple of months ago shortly before my father died
- I've been having a really difficult time grieving (he died
very suddenly and it was quite a traumatic situation)
- So the thought never crossed my mind that it didn't arrive as
I was fully preoccupied with horrible stuff. And then,
strangely, I remembered about 10 days ago and re-applied
- I'm guessing they never got my first application. I can't find
an email so perhaps it never went through.
- My address was updated (successfully) on my driving license
and everything else as soon as I moved into my current place.
- I'm so scared of the bailiffs and have no idea what to do. I
don't even know if I was driving when the fine was issued but if
I was, I would have paid it immediately if I'd known.
- I've emailed them immediately saying "I have just received a
letter saying I owe money for something that I have received no
previous letters about. Please can you let me know who your
client is and what this is referring to?". As I need to know
what it's referring to but they still haven't replied.
- I am very worried that they are taking a while to get back to
me because they're finding my current address and will turn up
here. If they do, I have no idea what to say to them and any
advice would be appreciated. Surely I have a legal right to know
what happened in the first place?
- I will obviously pay the horrible fine if necessary but I
think I'd have to make monthly payments
- I've contacted bailiffadviceonline (also four days ago) and
they still haven't got back to me either but maybe they're just
busy
This forum is clearly full of very generous and wonderful
people. It's very reassuring to read everything I've read so far
when going through an upsetting time. Thank you in advance.
#Post#: 3249--------------------------------------------------
Re: Horrible situation with bailiffs and no idea what the fine
is for
DIR By: fraser.mitchell
Date: August 14, 2023, 3:51 pm
---------------------------------------------------------
--- Quote ---
> - I thought I'd registered my new address on my V5C. I tried
doing this a couple of months ago shortly before my father died
--- End Quote ---
So when did he die ? We need to relate this to the PCN date to
see how much time difference there is between you trying to
update your V5 and the date of your father's death, and the date
of the PCN itself. Worst case we've seen recently is failure to
update the V5 for 8 years ! Clearly this OP is a no-hoper !
How did you attempt to update the V5, online ?
The plain fact is that bailiffs are very diligent at tracking
people down, as their livelihood depends on it, so they'll no
doubt find you eventually, and the £500 could well have
increased.
The only avenue open to you to revert the matter back to the
Notice to Owner, or PCN stage is to submit a Statutory
Declaration to the Traffic Enforcement Centre that you never
received the PCN/NtO. Because this submission is out-of-time,
the council that issued the PCN can object to it, and they
inevitably do so, and then TEC reject your submission. YOu can
request a review by a county court judge ((about £160 for
papers-based review, and £260 for an interview with the judge
"in chambers"). These figures are approximate BTW, and the sums
are not recoverable.
ONe point to bear in mind is that even if you pay the bailiffs,
you can still submit an OOT SD, as payment does not close it
off. You may well serve yourself best by arranging a payment
schedule with the bailiffs.
BTW, bailiifadviceonline is very good but likely to be busy.
Four days is not a long time.
#Post#: 3278--------------------------------------------------
Re: Horrible situation with bailiffs and no idea what the fine
is for
DIR By: guest179
Date: August 15, 2023, 7:31 am
---------------------------------------------------------
Sorry about your Dad, but as you imply you have to attend to
this matter.
Whether your V5C is even relevant we don't know e.g. moving
traffic contravention in a hired vehicle relies upon the address
you gave the hire company etc.
We (and bailiffadviceonline) need more details, and so do you.
Get the letter from your old housemate*, and the other notices
which must have been sent there, among the most important being
the Notice of Enforcement which would have been sent to you by
the bailiff no more than 2 weeks before.
The component elements of the £500ish are £310 bailiffs' fees
and £200 council penalty, so you can see that the larger part is
the fees and so whether you could avoid all or part of these on
their own would represent a significant saving.
*- presumably at the address, which raises the question why only
contact you now when so many other letters have been sent and
presumably landed on the mat?
#Post#: 3289--------------------------------------------------
Re: Horrible situation with bailiffs and no idea what the fine
is for
DIR By: on_reflection
Date: August 15, 2023, 9:25 am
---------------------------------------------------------
Yes, I applied for the V5 online.
Dad first went into a coma on the 25th May.
Very worried about the fees going up.
When you say paying the bailiffs will not close off submitting
an out of time form, I'm guessing the bailiff fees are
unrecoverable? Or could I get them back even if I pay?
Unfortunately, I have a difficult relationship with my
ex-housemate and I've asked if they've kept any of the letters
but I wouldn't be surprised at all if they've thrown them away.
Either way, they never told me a thing until the bailiff turned
up the other day.
The car belongs to me and isn't hired.
Thanks for your help so far. Desperate to sort this quickly
before it leaves me any more broke.
#Post#: 3291--------------------------------------------------
Re: Horrible situation with bailiffs and no idea what the fine
is for
DIR By: on_reflection
Date: August 15, 2023, 9:28 am
---------------------------------------------------------
PS I've now nudged Marston rec to tell me who their client is
and what it's about but still haven't had a reply.
Surely they have to tell me what this is about? I must have a
legal right to know?
#Post#: 3296--------------------------------------------------
Re: Horrible situation with bailiffs and no idea what the fine
is for
DIR By: fraser.mitchell
Date: August 15, 2023, 9:58 am
---------------------------------------------------------
--- Quote ---
> When you say paying the bailiffs will not close off submitting
an out of time form, I'm guessing the bailiff fees are
unrecoverable? Or could I get them back even if I pay?
--- End Quote ---
OP, you are in a very bad place and, (sorry to have to say it),
it is of your making in not updating your V5 when you moved
address. You have ONLY the avenue I outlined to get the matter
reverted to the PCN stage, but from your narratives so far, it
is very unlikely an out-of-time Statutory Declaration will be
accepted by TEC because the council will object to it. We see a
lot of cases like yours and most of them end badly. We see that
most people update their driving licence address, but forget to
update the V5 for their car as well. Unfortunately, whilst both
sets of data are held by DVLA there is no link between them.
If I were you, I'd negotiate a payment plan with the bailiffs.
Acceptance of an OOT SD does mean you get the money back if
you've already paid it, but it can be a struggle. The problem is
getting acceptance.
#Post#: 3561--------------------------------------------------
Re: Horrible situation with bailiffs and no idea what the fine
is for
DIR By: ivanleo
Date: August 20, 2023, 7:01 am
---------------------------------------------------------
--- Quote from: on_reflection link ---
>
> - I've contacted bailiffadviceonline (also four days ago) and
they still haven't got back to me either but maybe they're just
busy
>
--- End Quote ---
Sheila tends to be very busy, I can only suggest you chase her
up as I think you need her help to get out of this mess.
*****************************************************
Page 1 of 1