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Bus Lane, Notice sent to wrong house, bailiffs charging double
dablax
post Sun, 8 Jun 2014 - 10:41
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HI,

first post, I have tried looking at some others to see what i could do but still need some help.

I received a letter from a collection agency saying I owed £285. This was for driving in a bus lane while on a work course in Reading, I had no knowledge I went in a bus lane or that I was served a notice from the council.

Apparently the notice went to an old address which I had moved from, I cant say if I had updated my DVLA form by that or not. So apparently the case was sent to courst and a later passed to bailiffs who tracked me down to a new address and asking for the £285 as they occurred costs in visiting my old address.

I am more than happy to pay for the original fine if I committed the offence but not happy paying for bailiffs to visit an old address. I communicated with them and here is the correspondence:

To Whom it may concern,

I received a letter stating that you are applying for a warrant of execution regarding a PCN issued on September 4th from Reading Borough Council.

The letter also states that you are requesting £285.14.

I would like a breakdown of the cost of the amount due as i believe these costs are not liable to myself. You state in your letter that notices have been sent a previous address, as I have not received any notices and you yourself have admitted that letter have not been sent to mu current address I will not accept any charges for a mistake on your part as you clearly have my current address as you sent a letter on 1st April.

Therefore as requested, I would like a breakdown of the costs as I will only pay the original PCN charge and will contact reading council regarding this. If you dispute this then I will be willing to take this to court as well as claim for my time and any correspondence i make to your company.

I look forward to hearing from you


I received the following reply

Further to your email, when a contravention is identified from CCTV images the local authority make an enquiry to the DVLA to establish the details of the registered keeper. The penalty charge notice is issued by post to the keeper at the address held by the DVLA. The council are only required to carry out one check throughout the issuing process.

It appears that the vehicle was registered to you at 59 Thimblemill Road, Smethwick, West Midlands, B67 5QP at this time. We presume you made arrangements for your mail to be re-directed when you moved.

We would also remind you that it is a legal requirement to notify the DVLA of any change to the registered keeper details at the time the change occurs.

Where an order for recovery of the unpaid penalty charge has been served, an appeal has not been filed and payment is not received, the local authority applies to the Traffic Enforcement Centre at Northampton County Court for a Warrant of Execution. This authorises a certificated bailiff to seize and sell goods if the debt and costs are not paid in full.

Costs have been applied for action carried out at the address issued on the court warrant. Once we were informed you no longer resided at the address we traced you to your current location.

We do not have the authority to cancel the warrant.

The full balance is due immediately to avoid a bailiff executing the warrant at your current address.


The problem following is that I have moved again (rental to owning) and I fear that the costs will increase if they visited the 2nd address.

Is there anything I can do? I am happy to pay the fine, just think the other costs are a bit annoying. I have attached the letters they sent with the last email.
Attached File(s)
Attached File  Breakdown_of_Costs.pdf ( 27.1K ) Number of downloads: 1111
Attached File  Statement_of_Account_.pdf ( 93.13K ) Number of downloads: 78
 
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post Sun, 8 Jun 2014 - 10:41
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Enceladus
post Sun, 8 Jun 2014 - 10:56
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Did they provide you with a copy of the warrant?
What address is on it?

If not your current address then you should ring the TEC (Traffic Enforcement Centre) at Northampton County Court first thing Monday. Phone = 0300 1231059 /01604 619450.
Establish;
the date of registration of the charge (unpaid PCN),
the date of the warrant,
the address it was issued for,
whether or not it was ever re-issued against some other address,
and the dates.

Don't just ask for a copy of the warrant. It is not the TEC's job to provide one. But they will give you the details above if asked.

Download a Statutory Declaration (PE3) and an Application to file a Statutory Declaration Out of Time (PE2) and get them submitted asap. The forms will have to be witnessed. This can be done free of charge by an appointed officer at any convenient County Court. Check opening times and tell them you need an SD witnessed. You can also go to a solicitor who will charge £5-£10. A magistrate can also sign but will likely charge. (I cannot link the files at the moment as the court website is down.)

You can scan the completed forms and email them to the TEC as attachments. Or fax. See guidance notes here. Once the forms are submitted any enforcement by the bailiff will be suspended until a decision is made.

Below are the TEC guidelines OOT applications. Please report back what you intend to put on the SD & OOT.

QUOTE
Purpose – to grant / refuse permission for the respondent to file their stat dec / witness statement late. You are not looking for anything else e.g. whether the penalty charge is valid etc.
-------------------------------------------------------------------------------------------------------
Begin by reading the respondent’s reason on the OOT for not responding within the time limit.

Tip: If they do not answer the question (they refer to the original contravention only or write about payments made etc), refuse the application.

Tip: If the respondent has provided a valid reason why they could not make the deadline and were unable to apply for a time extension and they provide proof (holiday tickets / hospital letter etc), grant the application.
If the respondent has provided a valid reason why they could not make the deadline and were unable to apply for a time extension, but you are still unsure of their reasons (no proof enclosed), read the statement provided by the LA to make the decision.

Tip: If the LA do not send a full statement but simply advise they reject the application, automatically grant the application. If the respondent states that they moved addresses, check the system details for the date of the move ….

Tip: If the respondent has stated in their OOT that they have moved address before the notice to owner (NTO) was served or provided dates of when they moved so we can see the NTO was not served, the COO should be accepted.
If the LA state in their rejection that they obtained the address from the DVLA but the respondent moved before NTO, the COO would still be accepted.
If they have only stated that they moved address and have provided no details, the COO would be refused. If the respondent admits that they did not notify the DVLA of their address change, the COO would be refused.


This post has been edited by Enceladus: Mon, 9 Jun 2014 - 00:10
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