Sheffield City Council & Marston Holdings, Proof of sale & incorrect company name on PCN Options

[Bewildered Bob]

Good afternoon.

I appreciate anyones responses to this post.

The situation -

I received a PCN back in 2017 on Ecclesall Road, Sheffield.

Because I had sold the vehicle back in 2015 I ignored more than one communication, just believing it was a clerical error but it has now escalated to Notice of Enforcement, Marston Group Ltd.

Sheffield City Council and now Marston Group Ltd have been sent a signed & dated proof of sale (late 2015) between both parties, the registered keeper was still showing as of this address till this was corrected by myself this year, a copy of a letter from DVLA stating I am not the registered keeper from 30/08/2015 was received and forwarded on and I have shown that the company name on the PCN is not the same as the limited company registered to the correct address.

The company name on the PCN begins MCU - the company registered at the address begins MCL.

There is a clear error in the name on the PCN.

The limited company formerly registered at the address, who I was the sole Director of was dissolved in January 2018 and proof of this has been sent to Marston Group (even though the two names do not match).

The vehicle was never registered to an individual (Me) only a Limited company.

I am informed from Marston Group 'At this stage the only option is to file a late witness statement if you feel you have grounds to do so.'

I cannot see how this can be pursued but your experience may show otherwise.

Any thoughts would be greatly appreciated.

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[Bewildered Bob]

Peterguk - The RK (or director of ltd co, if ltd co was RK) should have informed DVLA of change of keeper.


The V5 was filled out and sent off - apparently lost in the post.

It was done properly - by all accounts it is quite common and that's from A DVLA representative.

This from the DVLA letter -

'Until the new keeper tells us in writing that they have acquired the vehicle our records will not be complete. The police may .'still need to contact you if they have to make enquiries.

This post has been edited by Bewildered Bob: Sun, 22 Jul 2018 - 17:43

[hcandersen]

You’ve confused me.

You have no standing as regards the debtor being pursued. It’s not in your name, it’s not against the company of which you are a director, it is against a non-existent company.

So keep out of it.

You, as in you an EX-director of the dissolved company, keep getting involved.

The car is irrelevant. You, as in you with some knowledge of the car as in your role as EX-director of the defunct company, keep bringing it forward.

Leave it alone.

A warrant has been issued against XYZ at address A.
Your company now occupies those premises.
So what.
Forget the backstory and focus on the legalities and current situation.

[Bewildered Bob]

Thanks HC

Keep door closed, pass the bailiff(s) the proof of company dissolved and watch them leave.

My only concern is with my wife and stepson.

They will be told tomorrow evening (they are on a weeks break in Devon and back tomorrow) that the bailiffs will likely be turning up, do not let them in, keep the door closed and if I'm not in to pass the proof to them.

[hcandersen]

Too passive for me.

Make the points to the council - parking and Head of Legal Services- and forget all about the previous company, you are as much of a stranger to that legal entity as me.

[Bewildered Bob]

If you see a big fella on 'The Sheriffs are coming' with his hands round a sheriffs neck, in the not too distant future I'll say it went less passively than I would have wanted.

If the TV crew don't turn up I will keep all informed of the outcome.

Thanks HC

[DancingDad]

Having read through and thinking I understand, I think that HCA has the right of it.
As long as old company was a limited company, no member of staff or company officer has any liability.
That is what limited means.

While you may have been a director of company ABC at current address, it is company ABC that is the legal entity that is liable for any debts.
Company XYZ at current address has no legal liability, no legal connection to company ABC, any enforcement action, certainly any seizure of goods from you or your new company (once council and bailiffs have been made aware) would be unlawful.
This is something that shady companies (not saying you are) do all the time, run up debts, wind up, start up next day in different name leaving creditors in the lurch. Bailiffs and councils know full well that they cannot transfer a defunct company's debts to another.

A cease and desist letter specifically denying any debt or responsibility along with supporting evidence such as company house records of the winding up and to council (parking dept, cc to legal) and bailiffs should sort it.
Keep copies in an envelope by door to hand to anyone who turns up, no discussion, just here you are mate, bog orfe.

This is no different to someone moving into a new house and finding bailiffs knocking on door for old owners..... nowt to do with newbies, all they need to do is show that they are not the people on the warrant.

You have done the new owner a favour as there is no way that the council can now pursue them. It would have been sorted earlier and easier had you responded to the NTO as Not the Owner but as it is, gnashing of teeth and wailing is all council can lawfully do.

This post has been edited by DancingDad: Sun, 22 Jul 2018 - 20:23

[cp8759]

Thanks HC

Keep door closed, pass the bailiff(s) the proof of company dissolved and watch them leave.

My only concern is with my wife and stepson.

They will be told tomorrow evening (they are on a weeks break in Devon and back tomorrow) that the bailiffs will likely be turning up, do not let them in, keep the door closed and if I'm not in to pass the proof to them.

To be honest even if they get in, there isn't much they can do. They can't seize property from a dissolved company.

[Bewildered Bob]

Good afternoon

Update on this one -

Telling the Bailiffs to 'do one' and that they weren't going to get their money because of the company being dissolved and threatening them with their governing body seems to have put an end to this situation.

Many thanks to all.