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Enforcement notice with the wrong address, My neighbor received a enforcement notice on my name
Vauxhallondon
post Wed, 10 Oct 2018 - 12:17
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Hi all, I apologise in advance if I missed any forum rule , I also couldn't find any similar post .
Let's get into it
I got a ticket on 10/06/2017, on a Zipcar which I was only made aware by zip car them selves on 29/06/2017, saing that they would redirect it so that Lambeth council could reach out to me, and advised to do not pay it until the council had contacted me directly which never happen, (on the letter they said it could take as long as 6 months ) on October I tried to reach out the council to see how it was going a long and on 03/10/2017 they sent on my email the outcome of zip car challenge which was issued on 06/07/2017 ( gave me a bit of peace of mind )and now I got this enforcement notice address to my neighbour, flat Bellow with my full name ( it's silly difference, i live at 194B and the letter is address to 194A, that might be good for me ) I moved to this address on 31/05/2017 my drive license was updated on 20/09/2017 and it has the correct address ever sense , so I'm not sure what is my next step , if I can get the council to give me the chance to pay the discounted fee of 65 as I never got any letter from them or as it is already with an enforcement company do I have to take this to court with the help of a solicitor.
I really appreciate any help as I'm not sure what to do and don't what this to mess with my credit score
Thanks a lot
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post Wed, 10 Oct 2018 - 12:17
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stamfordman
post Wed, 10 Oct 2018 - 12:21
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Post all docs - use a site such as https://imgbb.com

I don't understand what's happened - did you get a PCN in your own name?

Don't worry about court or credit - PCN amounts are not recovered this way only through bailiffs.

This post has been edited by stamfordman: Wed, 10 Oct 2018 - 12:22
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Vauxhallondon
post Wed, 10 Oct 2018 - 13:55
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The PCN was issued by a camera and at first went to the rental company "zip car" they transferred over to me as I was the driver but I never got the pcn , nethier the following letter , I just got the enforcement notice which is on my name but with the wrong address
https://ibb.co/gjQFG9
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peterguk
post Wed, 10 Oct 2018 - 14:00
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QUOTE (Vauxhallondon @ Wed, 10 Oct 2018 - 14:55) *
The PCN was issued by a camera and at first went to the rental company "zip car" they transferred over to me as I was the driver but I never got the pcn , nethier the following letter , I just got the enforcement notice which is on my name but with the wrong address
https://ibb.co/gjQFG9


Have you checked zipcar had your correct address?

Have you checked what address zipcar gave the LA?


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Neil B
post Wed, 10 Oct 2018 - 17:29
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A few observations.

Zipcar tried to transfer liability to you and were REFUSED by Lambeth on 6/7/2017.
Their only option then was to ask the adjudicator to over-rule Lambeth's decision.
But I can't find any cases in the Tribunal register that confirm they did.

So as far as we know, you are not liable and the address issue is irrelevant.

It only becomes relevant because 'something' has happened since, making Lambeth decide you are liable
and now engaging the bailiff to enforce.

So you need to ask Lambeth why they now believe you are liable.
You might also ask Zipcar what has happened since the rejection of 6/7/17.
When did Lambeth send you a copy of that?

--
You are way past the deadline on that bailiff notice? So act quickly.

Phone TEC (the Court) 0300 123 1059 and ask > >
-- when the debt was registered
-- when a warrant was authorised
-- what address is on the warrant
-- has the warrant address ever been changed.


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QUOTE (DancingDad @ Fri, 11 May 2018 - 12:30) *
Neil is good at working backwards.

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peterguk
post Wed, 10 Oct 2018 - 17:34
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QUOTE (Neil B @ Wed, 10 Oct 2018 - 18:29) *
Zipcar tried to transfer liability to you and were REFUSED by Lambeth on 6/7/2017.


Neil. Why would transfer of liability be refused?


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Neil B
post Wed, 10 Oct 2018 - 17:48
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QUOTE (peterguk @ Wed, 10 Oct 2018 - 18:34) *
QUOTE (Neil B @ Wed, 10 Oct 2018 - 18:29) *
Zipcar tried to transfer liability to you and were REFUSED by Lambeth on 6/7/2017.


Neil. Why would transfer of liability be refused?

Read the rejection?

---
I think it possible that Zip responded further to get Lambeth to change their mind, without having
to go to adjudication.


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QUOTE (DancingDad @ Fri, 11 May 2018 - 12:30) *
Neil is good at working backwards.

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peterguk
post Wed, 10 Oct 2018 - 17:53
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QUOTE (Neil B @ Wed, 10 Oct 2018 - 18:48) *
Read the rejection?


Doh. Thanks.


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Vauxhallondon
post Thu, 11 Oct 2018 - 07:52
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I got the enforcement notice 2 days ago from my neibour , I'll email Lambeth and zip car to see what they have done regarding the rejection
Thx
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Neil B
post Thu, 11 Oct 2018 - 09:21
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Given the late hour, I'm thinking we are probably going to discover you are liable
and need to file an OOT application pronto, focusing on the address issue.

Then again -- do you own a vehicle?


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QUOTE (DancingDad @ Fri, 11 May 2018 - 12:30) *
Neil is good at working backwards.

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Vauxhallondon
post Thu, 11 Oct 2018 - 11:58
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I just got off the phone
And I was "adivesed" to fill in forms PE3 & PE2 get then witnessed at my local court or a solicitor then email it to them.
Regarding the infoation Neil mentioned
The debt was registered on 11/01/2018
The warrant was issued on 02/03/2018
Last address update was on 17/09/2018
Forgot to ask if the warrant address has ever been changed but assuming that they granted the warrant on 03/18 and updated on 09/18 I strongly believe it was.

I think the out of time application is those forms PE3 and PE2 (I'll look into it on how to fill it proply )

Yes I own a vehicle

Thanks a lot
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Neil B
post Thu, 11 Oct 2018 - 12:17
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QUOTE (Vauxhallondon @ Thu, 11 Oct 2018 - 12:58) *
I think the out of time application is those forms PE3 and PE2 (I'll look into it on how to fill it proply )

Quickly but ONLY with our help. Important to get right.

I'm out hntil tonight but others might help.

Quickest way - draft something and we'll correct.


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QUOTE (DancingDad @ Fri, 11 May 2018 - 12:30) *
Neil is good at working backwards.

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Vauxhallondon
post Thu, 11 Oct 2018 - 14:49
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As English isn't my first language I'm struggling to draft something that looks good any help would be really welcome and very appreciated

Here what i've got so far



I had no knowledge of this matter until received a notice of enforcement handed by my neighbour. (My address still wrong despite had been updated on 17 September 2018)
I did some research on the matter and found out that the PCN was issued on a hired car, the hire Co. had requested transfer of liability which was rejected at first by Lambeth on 06 July 2017 and when the liability was finally transferred Lambeth had the wrong address despite have myself on council tax with the correct address sense may 2017.
Therefore giving the miss communication between hire Co. and the council I have had no earlier opportunity to file a statutory declaration
I’m confidente that the court and the enforcement authority will recognise that this matter has resulted from a miss information given by a third party , neither me or the enforcement authority are at fault
I respectfully request that I now be permitted to file this statutory declaration so that I may settle the matter promptly

And as evidence I'll send a PDF of my renting agreement

Any comments very welcome
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Neil B
post Thu, 11 Oct 2018 - 21:29
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Sorry Vauxhall.
I'm really really struggling for time.

I hope others help you out.

But some brief input -
QUOTE (Vauxhallondon @ Thu, 11 Oct 2018 - 15:49) *
I had no knowledge of this matter until received a notice of enforcement handed by my neighbour. (My address still wrong despite had been updated on 17 September 2018)
I did some research on the matter and found out that the PCN was issued on a hired car, the hire Co. had requested transfer of liability which was rejected at first by Lambeth on 06 July 2017 and when the liability was finally transferred Lambeth had the wrong address despite have myself on council tax with the correct address sense may 2017.
Therefore giving the miss communication between hire Co. and the council I have had no earlier opportunity to file a statutory declaration
I’m confidente that the court and the enforcement authority will recognise that this matter has resulted from a miss information given by a third party , neither me or the enforcement authority are at fault
I respectfully request that I now be permitted to file this statutory declaration so that I may settle the matter promptly

And as evidence I'll send a PDF of my renting agreement

The red bits delete.
Concentrate on the 'statutory notices being sent to the wrong address' and apparently Hire Co at fault.
Give both addresses so they understand. Be clear which is correct.


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QUOTE (DancingDad @ Fri, 11 May 2018 - 12:30) *
Neil is good at working backwards.

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Vauxhallondon
post Fri, 12 Oct 2018 - 13:35
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Thank you a really appreciate that even struggling with time , you still helped me a lot.

I re-wrote it with your addivese

QUOTE
I had no knowledge of this matter until received a notice of enforcement handed by my neighbour. (My address still wrong)
I did some research on the matter and found out that the PCN was issued on a hired car, the hire Co. had requested transfer of liability which was rejected at first by Lambeth on 06 July 2017 and when the liability was finally transferred Lambeth were given the wrong address 223 address by the Hire Co.
Therefore giving the miss communication between hire Co. to Lambeth I have had no earlier opportunity to file a statutory declaration
I’m confidente that the court and the enforcement authority will recognise that this matter has resulted from a miss information given by a third party , neither me or the enforcement authority are at fault
I respectfully request that I now be permitted to file this statutory declaration so that I may settle the matter promptly

As mentioned above all address you have are wrong the correct address would be 194B address i have been living here sense may 2017
And as evidence I'll send a PDF of my renting agreement


I'll get it signed on Monday couldn't find any earlier appointment , just hide my car and wait for Monday to get it sent and then communicate Lambeth, fingers crossed the forms will be accepted

Thank you so much for your help
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Neil B
post Fri, 12 Oct 2018 - 23:15
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I'm just not understanding this bit >
QUOTE (Vauxhallondon @ Fri, 12 Oct 2018 - 14:35) *
wrong address 223

I thought the issue was 194A vs 194B ?

and -
QUOTE (Vauxhallondon @ Fri, 12 Oct 2018 - 14:35) *
the hire Co. had requested transfer of liability which was rejected at first by Lambeth on 06 July 2017 and when the liability was finally transferred

Have you found out for sure that liability was transferred?
I've assumed so because it's the only thing I can possibly think has happened.
But as Lambeth told you not liable, back in October 2017, I think we can improve this bit.


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QUOTE (DancingDad @ Fri, 11 May 2018 - 12:30) *
Neil is good at working backwards.

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hcandersen
post Sat, 13 Oct 2018 - 08:07
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OP, too much unnecessary info.

Your only issue is I did not receive the PCN.

Your SD is therefore did not receive the PCN.

Your OOT reason:
On ** my neighbour gave me the enclosed Enforcement Notice.
As you will see, it is addressed to **** ( just the first line of your address), however, I live at *** first line of your address. I can only presume that the authority have used this incorrect address for all other correspondence, hence why I have received none.
I have no idea how the authority used the wrong address given that this was supplied to them by the hiring company ( forget council tax and anything else, these are irrelevant. The authority had to use the address supplied to them in the first instance. On this point, do you have anything from Avis to you with your correct address - you posted I was only made aware by zip car them selves on 29/06/2017, so you might have something.

Do not send your OOT without clearing it here first.

This post has been edited by hcandersen: Sat, 13 Oct 2018 - 08:09
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Bailiff Advice
post Sat, 13 Oct 2018 - 09:58
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QUOTE (Vauxhallondon @ Wed, 10 Oct 2018 - 13:17) *
I got a ticket on 10/06/2017, on a Zipcar which I was only made aware by zip car them selves on 29/06/2017, saing that they would redirect it so that Lambeth council could reach out to me, and advised to do not pay it until the council had contacted me directly which never happen

I live at 194B and the letter is address to 194A.

I moved to this address on 31/05/2017

My driving license was updated on 20/09/2017 and it has the correct address ever since.


I have tried above to highlight the parts of your post that are of importance. You moved house 10 days before renting the vehicle. At that time, your driving licence would have recorded your PREVIOUS address. Did you inform the hire company of your NEW address when hiring the vehicle? Have you checked the invoice to ascertain what address they had on their records for you?

You also mention that your received notification from Zip Car on 29th June 2017 that they were seeking to transfer liability to you. Was their notification sent to you by email...or by post? If by post, was it addressed to your current address?


http://bailiffadviceonline.co.uk/

This post has been edited by Bailiff Advice: Sat, 13 Oct 2018 - 10:00
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Neil B
post Sat, 13 Oct 2018 - 10:46
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QUOTE (Bailiff Advice @ Sat, 13 Oct 2018 - 10:58) *
You moved house 10 days before renting the vehicle. At that time, your driving licence would have recorded your PREVIOUS address.

Ouch.
I missed that!


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QUOTE (DancingDad @ Fri, 11 May 2018 - 12:30) *
Neil is good at working backwards.

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hcandersen
post Sat, 13 Oct 2018 - 11:10
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I can't understand the point here.

Did the authority use the address supplied by the hiring company is step one.

It's not being suggested that the OP moved from ***B to ***A or vice versa, is it?

IMO, the OP doesn't need to go any further than did the authority use the address supplied by the hiring company - whether this is where they lived is secondary, it couldn't have reached the OP even at their previous address if it was addressed wrongly.
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