Burstow & Sutor enforcement - unpaid PCN

[sorrylittlelot]

Hi all,

 

I will keep it as short as I can. 

Last October I apparently received a parking ticked from my local council on a public road. I don't recall getting one and on a side note a week after this my car was parked off road for over a month as I left my keys abroad by mistake so it's feasible it could of been put in the car by my other half and forgotten about  (although I've never found it whilst cleaning the car out)

 

 

Anyway last week I received a "notice of enforcement" letter to my current address that I didn't see as other half opens post and it was filed away. 

Today an enforcement officer has turned up and I jave had to pay £400 odd pound to him as the deadline on the enforcement letter was a week ago.

 

I did ask for a copy of the warrant he was telling me was sent out in May and I was adamant I never got. On looking at the "warrant of control" letter dated in May it has my previous address on it (I've lived in my current home for almost 9 months)

 

It is money I can ill afford but figured was best to pay to get enforcement offer off my back and stop any more action and then see what my options (if any are)

 

So here I am asking for advice on options.

 

I have attatched a copy of the letters.

[sorrylittlelot]

[ericsbrother]

if you believe that all the paperwork went to the old address then you can appeal this to TEC so the clock is reset back to the first stage.

Now when was the car supposedly ticketed?

when did you notify the DVLA of the change of address?

[sorrylittlelot]

Ticket was issued October 2018. 

I had to send away last month for a new V5 for my car (for work reasons) as the other was lost during the moving process and I have a funny feeling my car may have remained registered at old address  (although not 100% sure)

[ericsbrother]

 so99% sure you didnt update and then wonder why this happens.

basically you wont be trying to get your money back because you could attract a further £200 fine

[sorrylittlelot]

No I was actually wondering if the warrant of control being in a previous address makes any difference to my case as I was unaware of it.

My driving license, passport, electoral roll etc etc are all in my current address.

[dx100uk]

well you were because you got the NOE.

 

dx

 

[sorrylittlelot]

I was wondering if I have any options available not why it happened. Or to just accept my losses 

[dx100uk]

but you didn't update your v5c

NOE was sent to the correct address so you knew action was coming

you chose to ignore the issue

 

I don't think the warrant having an incorrect address makes any odds

I don't believe the warrant would be void because of that, its against you not an address.

[sorrylittlelot]

^ not really, given I don't live at that address and knew nothing of the correspondance so not sure how I knew action was coming and I ignored it.

 

However thanks for the feedback and  I will take it on the chin. 

[dx100uk]

you said in post 1

 

Anyway last week I received a "notice of enforcement" letter to my current address that I didn't see as other half opens post and it was filed away. 

[sorrylittlelot]

Sorry I misread, i thought you meant the warrant of control.

Guess I'm screwed 

[dx100uk]

I cant see any release no.

but see what others think.

 

no found anything here in past threads to suggest you might have

[sorrylittlelot]

 

Bailiff turned up less than 11 days from the Notice

Bailiffs must wait at least 7 clear days not including Sundays and public holidays, plus the time of first class postage, before then can take control of goods.

Looking at the Date notice issued near the top of the document, the period starts from the following day

The law states that first class post is delivered on the next business day

If the Date of Issue on the Notice of Enforcement, is gives a time of 23:59, then add one extra day because Royal Mail post offices close at 5.30pm and main sorting offices close at 7.30pm

 

 

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The Law:

Civil Procedure rule 6.26 states:

Methods of Service

1. First class post (or other service which provides for delivery on the next business day)

Deemed date of service

The second day after it was posted, left with, delivered to or collected by the relevant service provider provided that day is a business day; or if not, the next business day after that day
 

Civil Procedure Rule 6.3(1)(b) states:

Methods of Service

(b) first class post, document exchange or other service which provides for delivery on the next business day, in accordance with Practice Direction 6A;
 

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Civil Procure Rule 6.2(b) states:

(b) "business day" means any day except Saturday, Sunday, a bank holiday, Good Friday or Christmas Day;

---

 

Keep the envelope the Notice of Enforcement came in.

If it was made by 2nd class post, then delivery is on the 4th business day.

 

 

When the Notice of Enforcement is given post, and its deemed date of service has passed, the law gives a further 7 clear days before the bailiff can attend.

 

---

The Law:

Regulation 6 of taling control of goods Regulations 2013 states:

Minimum period of notice

(1) Subject to paragraph (3), notice of enforcement must be given to the debtor not less than 7 clear days before the enforcement agent takes control of the debtor’s goods.

(2) Where the period referred to in paragraph (1) includes a Sunday, bank holiday, Good Friday or Christmas Day that day does not count in calculating the period.

(3) The court may order that a specified shorter period of notice may be given to the debtor.

(4) The court may only make an order under paragraph (3) where it is satisfied that, if the order is not made, it is likely that goods of the debtor will be moved to premises other than relevant premises, or otherwise disposed of, in order to avoid the goods being taken control of by the enforcement agent.
 

---

 

If bailiffs fees and goods have been taken following a breach of this regulation, then you can start a claim  using the above-mentioned legislation and supported by evidence including a copy of the Notice of Enforcement, and if applicable, the envelope the Notice was posted, and evidence of the date the bailiff took control of goods, or took a sum of money under the pain of the rule

 

 

That's what I was hoping for

 

 

 

 

[dx100uk]

take anything said on that site with large pinch of salt!!

website name removed

[renegadeimp]

large pinch? come on now. You mean a full bag right?

[sorrylittlelot]

Guess I'm all outta options

[Jamberson]

You could also tell your other half to stop opening your post and "filing it away". You have certain responsibilites in life, and this is a bad way to organise your affairs. Anything addressed to you - you open it and read it.