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Warrant valid after filing of witness statement?
Novannocry
post Fri, 23 Aug 2019 - 19:49
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Hi all, new here, thanks for existing !

Question: Can the local authority/bailffs keep my vehicle (towed away) once a TE7 and TE9 have been submitted to the TEC. The forms went into the court after the vehicle was towed away. My understanding is that the enforcement power ceases to have effect. Is this correct? I refer in part to CPR 75.8:

Revocation of order
75.8

Where, in accordance with any enactment, an order is deemed to have been revoked following the filing of a statutory declaration or a witness statement –

(a) the court will serve a copy of the statutory declaration or witness statement on the authority;

(b) any execution issued on the order will cease to have effect; and

© if appropriate, the authority must inform any enforcement agent instructed to levy execution of the withdrawal of the warrant as soon as possible.



Details:

Van towed recently for non payment of a couple parking tickets. The clamping and towing of the vehicle was the first I was aware of the matter as the NtO and subsequent communications from the local authority had gone to a previous address.

I immediately submitted the TE7 / TE9 forms after seeing the van clamped, obtaining the PCN's from the bailiff only to find the PCN's were incomplete and the TEC rejecting the TE7/TE9 submission. I informed the bailff these forms were going in but the vehicle was towed anyway.

I then resubmitted the forms after obtaining the correct and complete PCN's from the council. On the TE7 my grounds were:

'The warrant of control has my previous address [GIVE PREVOUS ADDRESS] and on [DATE] an enforcement agent took an enforcement step without the authority requesting the issue of a new warrant specifying the new address of the respondent under CPR 75.7(7).'

I included evidence of my new address.

I have been calling the TEC regularly and occasionally the council and I get mixed information. Each saying they are waiting for the other to respond.

I have sent the local authority and the bailffs a notice giving them opportunity to return the vehicle, reserving my right to claim for damages due to deprivation of my property should my appeal succeed.

Any pointers appreciated.

NoVaNoCry
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post Fri, 23 Aug 2019 - 19:49
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Neil B
post Sun, 25 Aug 2019 - 16:19
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QUOTE (Novannocry @ Sun, 25 Aug 2019 - 17:00) *
NeilB, sure maybe I misunderstood, you said reference to cpr 75.7(7) was not relevant, I am saying I don't know the date on the warrant so I don't know if it's relevant or not.

That rule has nothing to do with DoW; rather, address, as you referenced it. It's not relevant.

QUOTE (Novannocry @ Sun, 25 Aug 2019 - 17:00) *
Incandescent, ok, my understanding was that the TEC ask council if they will accept my OOT, if they don't then TEC decide. See the TEC presentation I posted a few posts up as well as the guidance notes for TEC staff

Both are old; the PP informative but out of date and the guidance doesn't happen in practice.

We haven't seen your OOT so can't comment on your chances but from limited info, not good, soz.


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

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Novannocry
post Sun, 25 Aug 2019 - 17:00
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Cheers Neil, no need to apologise smile.gif

The reasons for my TE7 were in my original post, the other entries on the form are just name, address, PCN number etc ..

I'm in the hands of the parking gods...

The only other avenue I considered was from here:

https://www.nationalbailiffadvice.uk/Notice...nforcement.html

I think I will ask for a copy of it to see if it meets the necessary criteria.

This post has been edited by Novannocry: Sun, 25 Aug 2019 - 17:01
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hcandersen
post Mon, 26 Aug 2019 - 08:09
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Before or after you pay to release your vehicle?
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