Bailiff Attendance and charges

[Jpritchard]

Hello.

Im looking for advice regarding bailiffs and their charges.

Last year in December I sold a car and posted the logbook to the DVLA after taking a photocopy (sent standard 1st class not recorded). I have since been traveling due to a relative being unwell and have not been receiving my mail. I have just returned from a trip to Spain to find a warrant of execution - unpaid penalty charge and a receipt from a bailiff stating they attended with a van to remove goods up to the value of 489.64. Now these bailiffs have no Levy of goods and have never gained access to the property. I have been told that they have charged for attending twice leaving a letter and twice with a van to remove goods.

 

Now i fail to see how on earth they can be charging me this much. I have contacted the DVLA regarding this incident as its not the first time i've been fined for them not receiving a log book (which i have definitely posted) and I have been told to submit the letters received by the local authorities to an address and i should hear something back within 2 - 6 weeks. they have told me all they will do is confirm who the registered keeper was at the time.

 

I have contacted the enforcement agents today and told them this assuming they will suspend any further action but i don't want any more charges and i cannot understand how they can charge so much even though I have never spoken to the Bailiff.

 

I look forward to any advice and apologize for the length of this rant.

 

Kind regards.

Jpritchard.

[brassnecked]

DVLA up to their usual MO lose the post and fine the innocent, do you know which court let the Bailiff rottweiler loose?

 

You need to swear a Statutory Declaration attesting to the fact you have not had any Penalty notice, summons etc, and also copy the copy and provide that as evidence that you posted the logbook off. You are entitled to assume them as received by DVLA three days later under the Interpretation Act 1978

S7

7 References to service by post.

 

Where an Act authorises or requires any document to be served by post (whether the expression “serve” or the expression “give” or “send” or any other expression is used) then, unless the contrary intention appears, the service is deemed to be effected by properly addressing, pre-paying and posting a letter containing the document and, unless the contrary is proved, to have been effected at the time at which the letter would be delivered in the ordinary course of post.

 

http://www.legislation.gov.uk/ukpga/1978/30/section/7

 

DVLA have lost appeals at Crown Court for this sort of fine using this as it is an Absolute Defence, there being no Legal Compulsiuon to check with DVLA whether they had the form; they lose post and penalise innocents on the back of this, and BBC Watchdog are always on their case, so send details of your issue with DVLA to Watchdog also.

You must contact the court that sent the bailiff, as until you get that Stat dec in, the bailiff will hound you like a rash.

[Jpritchard]

Thank you for your advice.

 

The court that issued this warrant TEC at Northampton county court Bulk centre.

 

Also how do i prove that I posted it when all i did was put the stamp on and put it into the letterbox. I cant even provide a receipt for the stamp.

 

Again i look forward to anymore advice available.

Kind regards.

Jpritchard.

[renegadeimp]

Thats the thing. You dont need to prove it. There is no law that says you need to prove you sent it. . Just that you have to send it.

[brassnecked]

Ah sorry I misunderstood, I thought DVLA had gone to magistrates, and had you for failing to notify change of ownership. Has a new owner had a ticket then? As far as proof of posting is concerned a Statutory Declaration will do the trick for that. Presumably a new owner has gained a ticket and TEC have set the bailiffs on you, is that correct? If so it should be fairly easy to sort, and other Caggers will be along soon.

[Jpritchard]

it was the new owner who got the tickets, the dvla have fined me for "not declaring transfer of ownership" even though i did. and the offenses were before the ownership was transferred by the dvla 3 months after i sold the car.

[brassnecked]

it was the new owner who got the tickets, the dvla have fined me for "not declaring transfer of ownership" even though i did. and the offenses were before the ownership was transferred by the dvla 3 months after i sold the car.

Back to my original post then find out what court DVLA have used, or was it just a notice from them that they sent to bailiffs? Stat Dec to the court the DVLA used giving the information regarding the fact you posted it also separately mention the Interpretations Act, and that there is no legal compulsion to contact DVLA to make sure they haven't lost or delayed your post.

 

I would also send details to BBC Watchdog, and your MP

[hallowitch]

http://www.consumeractiongroup.co.uk/forum/forumdisplay.php?140-DVLA

 

Have a read and post on the DVLA sub forum they should sort it out for you

[tomtubby]

Sorry I am also very confused.

 

Can you post back to advise which enforcement company is involved.

 

If the warrant had been issued by TEC then this matter does NOT relate to enforcement action by DVLA and instead, will relate to a parking ticket issued by a local authority.

 

Please post back and we can then advise further.

[Jpritchard]

The fine was issued by Leicester council. But the problem is i've found out its not the only fine that has been received. I was informed that I should take it up with the DVLA as they are the reason ownership was not transferred in December last year, instead it was transferred in April this year when the person who bought it applied for a new log book after not receiving it after the sale.

[brassnecked]

The fine was issued by Leicester council. But the problem is i've found out its not the only fine that has been received. I was informed that I should take it up with the DVLA as they are the reason ownership was not transferred in December last year, instead it was transferred in April this year when the person who bought it applied for a new log book after not receiving it after the sale.

Have DVLA also had you for "Failing To Notify" if so what I posted earlier about the Interpretations Act will suffice, as to the other council, tomtubby and others will know best but a Stat Dec as to the date of sale may be of assistance to focus their tiny minds.