Warrant of Execution - Sent to Old Address?

[LeeVsHounslowCouncil]

I need some advice!

 

I had a penalty charge notice issued against my vehicle back in February 2009 and I have since done all the appeal letters etc and actually made it to the indepednant tribunal stage with the Parking and Traffic Appeals Service. They rejected my appeal but did recommned to the London Borough of Hounslow that the notice be cancelled due to compelling reasons and the cases particular circumstances.

 

The adjudicator did inform me that the the Council did not have to accept his recommendation but they would need to inform me either way within 35 days of their decision and if they didnt the adjudicators decision would stick. I heard nothing.

 

During this process I moved address. When I did I informed all relevant authorities including the DVLA and especially London Borough of Hounslow of my new address. Everyone involved in the process wrote to me at my new address, apart from the Hounslow Council!

 

Anyway the tribunal happened, I didnt receive anything from Hounslow Council so assumed this was all done and dusted. However I have just met up with the people who live in my old address and have been given several letters. These basically state that Hounslow are enforcing the decision and then subsequent letters are from Northampton Court saying that a Warrant of Execution is being issued, then finally I have the warrant and a letter from Bailiffs to say they are coming on the 23rd November!!

 

Where do I stand?

 

They have continually written to me at my old address and I had no idea that this was being pursued. If I had, then I would have done something to stop this?

 

What are my rights? Becuase they wrote to me at my old address does this void their actions? Is the warrant valid?

 

I'm really frustrated because I thought I had won a moral victory with Hounslow when the adjudicator recommened this be cancelled, and now this has happened, totally out of my control and im furious.

 

One last thing. I notified all authorities of my change of address months before the tribunal took place. The adjudicator and DVLA wrote to me at my new address so surely I have a strong case?

 

Any info/help would be massively appreciated!

[buzby]

I don't believe the warrant would be void - if the bailiffs are aware of your new address, then they can still process the warrant as it is you who is being pursued (not your address).

 

Did you advise the council or adjuducator at any stage you were moving? If you did and they ignred it, you could argue the correspondence was incorrectly servced, but if you simply moved without notice, it would looks as though you were simply a 'skipping' debtor, and the pursuit will continue.

[JimmySpangle]

The OP clearly says that he wrote to Hounslow Council - especially.

[LeeVsHounslowCouncil]

Thanks for the replies so far.

 

In answer to the first post, yes I have notified Hounslow Council along with all the relevant authorities. I have since received two letters from Car Parking Appeals Service so I know this change of address has been acknowledged.

 

I understand the point about the warrant being for an individual and not an address so even though the address is wrong the warrant of execution is still valid, but surely me not having received any of the warning letters or not be able to respond to the threat of court action because I had no idea this was occuring is unfair?

 

Its clear to anyone who wants to check that I wasn't a 'skipping debtor', as anyone who wants to check can find me quite easily ie council tax, DVLA etc.

 

Is it time for me to talk to a solicitor?

 

p.s how come Hounslow council tax dept ackowlegded my change of address and actiioned it, but these fools in the car parking dept didnt!!! Obvioulsy these guys dont share information!! Its almost as if they want it to get this stage so they can try and get more money!!!

[Jamberson]

I'll tell you what I would do - this may work for you if you have time:

 

Contact the manager of the council's parking dept and ask for a personal meeting with him/her (or a deputy). Take a co-operative approach, say you accept the council's decision if they thought it appropriate to enforce this charge after the hearing, although you personally don't think they should have.

 

Explain about notifying them of your address (proves you weren't trying to evade them), but because they failed to write to you, you've been caught out by the ensuing process, which was not a situation you had knowledge of.

 

Offer the original payment to him there and then, and see what happens. If the meeting is constructive, you may walk away with the situation resolved.

[buzby]

You would have to have advised the Council's enforcement division also - not just Council Tax - so with a confirmation from them that they are aware of your new address and the warrant issued to the old one, you have a cast iron defence to have the warrant recalled at RGEIR expense. Incidentally, Council's can issue their own warrants, there's no need for them to 'win' at a court hearing.

[LeeVsHounslowCouncil]

Thanks everyone.

 

I did inform everyone at the time including the parking division, and on top of that all of my letters after I moved had my new address on them!

 

I'm confident that I can get this sorted and i'll sleep on it, but I think im going tp go at them quite hard. They had 38 days since the adjudicators decision to inform them wanted to uphold the charge. This they didnt do, or at least not to the right address. This is their mistake/incompetence so as I see not alot else they can do.

 

I'm also sick to the teeth of all the hours ive spent fighting this, and for an independant adjudicator to recommend that this charge not to be pursued and they still are is ridiculous!

 

Just think of all the money being wasted on this one PCN! 10 months time and its still ongoing. I'd put Hounslows Council costs in the thousands!

 

Ol by the way, on the very initial notice they sent to me the evidence included was not even pictures of my car! It was of a similiar model but certainly not my car.

 

What a bunch of jokers this department must be.

 

Thanks again for everyones reply.

 

All agree I should fight this?

[lamma]

Do you have hard proof that you notified the Council of change of address. Did you inform the TEC of your change of address ? if so when ?

[LeeVsHounslowCouncil]

Whats the TEC?! Sorry if thats a stupid question?

 

Hard proof as recorded delivery receipt for the letter I sent? Then no I dont as if I had sent every letter to these clowns via recorded delivery I might as well have just paid the PCN!

 

Hard Proof as in every other single authority writing to me at my new address including the tribunal service and DVLA then yes!

 

I've decided that im going to write a letter to both Hounslow and Bailliff tomorrow stating that the debt/PCN is now unenforceable because they did not inform me within the necessary time frame (35 days) after the adjudicators recommendation. The fact they have may have done is insignificant becuase if they did then it was sent to the wrong address after I had informed them I had moved, and I think I have a fairly strong case to back this up.

 

If they continue to pursue after yet another clear explanation from me, the i'll get a solicitor involved and take them to court.

 

Everyone in agreement?!

[Jamberson]

TEC = Traffic Enforcement Centre = Northampton County Court

 

Personally, no. Not in agreement. As I said above, if I were you I would speak personally to a senior person and try and get agreement to revert the process. It's almost certainly not deliberate on their part, just a breakdown in communication. No reason to think they will want to play hardball over it now.

[LeeVsHounslowCouncil]

Thanks for the clarification Jamberson.

 

I think trying to contact some in authority to discuss this, just isnt going to work.

 

I patiently went through the whole process for 6 months adhering to there procedures and protocols and where did it get me?! Nowhere!

 

I've since spoken to my solicitor and he said this is typical of councils just steam rolling there way though processes and not stopping to listen until there in front of a judge.

 

Thanks for thr advice everyone, but im in mood to cooperate with this council and i'm going to take this issue to court.

 

I'll let everyone know how I get on.

[Jamberson]

It's your call, and I wish you the best of luck whatever you do.

 

I'll bet a solicitor will charge you a fair bit for his or her advice and input, and I can't see your legal angle. What would you be suing them for at this stage? And wouldn't you have to wait until "after the event" - ie after they have clamped your car and taken your money, then sue to get your money back?

 

Has your solicitor discussed this with you? Call me a cynic, but a solicitor wants your money just as much as the council does, and this is not a complex legal situation in my opinion.

 

If you aren't interested in trying to reason with the top guy in the council, have you considered filing another statutory declaration? I believe that if the Council wish to enforce the charge, they should have issued you with a new Notice to Owner (someone might be able to confirm this), but since they did not write to your home address, you can clearly file on the basis that you did not receive it. This would give you a route back to the original charge, and a way of having bailiffs called off.

[LeeVsHounslowCouncil]

Another quick point.

 

Why should I play ball with these people and offer the original PCN paymwent as a way of resolving this?

 

It clearly stated at the tribunal that Hounslow Council had 35 days to inform me of their decision, if I heard nothing then the matter was considered closed. I heard nothing.

 

I am one for following procedures and a very law abiding citizen, but on this occasion I really feel I have been unfairly treated and their conitued actions is bordering on harrasment.

[LeeVsHounslowCouncil]

Hi Jamberson

 

The solicitor has drafted a letter which is intended to stop this action. You are correct in saying that unless something actually happens then I cant doing anything. So the best thing for them to do now is to take my solicitors advice.

 

Only if their action continues will I have a case.

 

The solicitor I am using is actually my companies in house solicitor who i have the privilege of sometimes using for personal advice, so their definitely not advising me to do something just for money.

 

Thanks for your help

[Jamberson]

OK - keep us posted.

[lamma]

be aware that phone calls are meaningless, especially to councils. Get things in writing.

[LeeVsHounslowCouncil]

Hi

 

I've attached the letter just received from Hounslow Council. Looks like a consumer victory!

 

Thanks for everyones help

img-091124213252.pdf

[buzby]

Good to hear. It was sloppy of them anyway. Well done!

[lamma]

well done.

[dpmeade]

Hey, Just read throught this case and I am in a similar situation, PCN in March 2009 sent to wrong address and I recieved a Baliffs letter on 17th of November. Is it still the case that they have to notify you within 35 days. Do I have a case. I am about to send off the Satutory dec out of time and I wonder should I include the 35 day issue. Please help. Thanks

[buzby]

I've never heard of any 35 day period of limitation, sorry.

[Jamberson]

Is it still the case that they have to notify you within 35 days.

 

Who has to notify you of what?