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#Post#: 5758--------------------------------------------------
Re: Bailiff at my home for paid Congestion Zone Charge
DIR By: DancingDad
Date: September 22, 2023, 5:48 am
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--- Quote from: NightSoul link ---
>
> Bailiffs cannot execute your brother's warrant at your address
it is not where he lives. Paragraph 14(6) of Schedule 12 of the
Tribunals Courts and Enforcement Act 2007.
>
> The warrant is therefore a defective instrument.
>
> If bailiffs threaten you with enforcement, then just show a
document that you are the occupant of the address.
>
> Transport for London needs to re-apply for a new warrant
specifying your brother’s current address (wherever that may
be). Civil Procedure Rule 75.7(7).
>
> You don't need to pay the debt on your brother's behalf.
>
--- End Quote ---
Warrrant is not defective, the address that they visited is the
relevant address as it is the RK address of record.... all the
bailiff needs is reasonable belief, which is satisfied by DVLA
records.
The warrant is rebuttable by proving he doesn't live there.
I'm not sure that 14(6) is the right legislation BTW, that
implies right of entry, which bailiffs in these cases do not
have as long as not invited in.
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