I was advised on MSE that this was the best place to come for my issue, so here I am!
I had Marsden’s bailiffs visit this morning. I have an unpaid council parking ticket from September 2013. Long story short, having moved house and not received any correspondence from the council to do with the ticket, I received the compliance notice and then enforcement stage notices from Marsdens. I attempted to dispute the PCN via the Traffic Enforcement Centre with TE7 and TE9 forms and request an appeal out of time – this was on grounds I had moved address and never received proper notice to owner.
(I suppose it doesn’t matter, but this was because when taxing my vehicle in February 2013 I’d attempted to inform the DVLA of my change of address, but the post office never posted the V5C and instead handed it back to me (I didn’t notice until after I got the parking ticket in September, when I came to renew my tax disc again.).
The council refused my out of time appeal and said this was because they’d stuck the initial charge to my car (which they did) and I'd only not received the notice to owner because my address was incorrect with the DVLA (it didn’t matter whether it was the post office’s fault or mine- OK fair enough).
I did then attempt to pay what was due at that time to the council (£112) directly via their website on multiple occasions – but their website refuses payment when I enter my PCN reference number with a message “Bailiff Case Do Not Process” and when I spoke to them they kept sending me back to the bailiffs.
Since then, I’ve not really thought about this and hadn’t been receiving letters from Marsden. That changed this morning with one of their reps arriving at my door and stating he was from “the county court”. I refused to speak to him but he put a “Final Notice” form through my door saying there was a balance due of £422, with a tick box ticked saying he’d be back for my goods “one morning this week”. There was a hand written note on the form, with my car reg on it, saying immediate payment was required or my car would be removed adding £110 for removal/storage (I don’t think my car is worth £110 but ok.)
He then sat in his van outside my house. When I went to get in the car for work – he came over and stuck a “Warning Of Immobilisation” to it and put a "controlled goods agreement" through my door, (which as the debtor I have not signed), and said if I moved the car he’d ring the police as I was interrupting him taking control of it- but he hadn't clamped it (not sure if this was because he had to wait a certain amount of time- or has anything to do with my car being parked in a private communal car park - although my space does say my flat number on it and its coincidentally outside my front door). I didn’t believe him about ringing the police , so I drove the car to work.
I’m not sure what to do next – it seems obvious to not take the car anywhere near my home at this time, but what else should I do. I don’t mind paying the £112 I owe, but if I can, I’d rather not be paying the bailiffs £422. What should I be doing?
The date of the County Court Warrant of Execution is dated 14th March 2014, prior to the change of the Taking Control of Goods regulations on 6th April 2014 I've read about, so am I correct in assuming it expires after 12 months on 14th March 2015 as it is under the old rules?
Thanks for any help.
EDIT - As an addendum to the above, I've had a look at SCHEDULE 12 Taking control of goods from the Tribunals, Courts and Enforcement Act 2007
QUOTE
Offences
68(1)A person is guilty of an offence if he intentionally obstructs a person lawfully acting as an enforcement agent.
(2)A person is guilty of an offence if he intentionally interferes with controlled goods without lawful excuse.
68(1)A person is guilty of an offence if he intentionally obstructs a person lawfully acting as an enforcement agent.
(2)A person is guilty of an offence if he intentionally interferes with controlled goods without lawful excuse.
I was worried reading this that the bailiff may have been right that I could have been committing an offence for driving off but..
QUOTE
An enforcement agent may take control of goods only if they are—
(a)on premises that he has power to enter under this Schedule, or
(b)on a highway.
(a)on premises that he has power to enter under this Schedule, or
(b)on a highway.
The car was not on my premises (and actually, the warrant is for my old address anyway) and it was not on a public highway it was in a private residents car park. Also...
QUOTE
Ways of taking control
13(1)To take control of goods an enforcement agent must do one of the following—
(a)secure the goods on the premises on which he finds them;
(b)if he finds them on a highway, secure them on a highway, where he finds them or within a reasonable distance;
©remove them and secure them elsewhere;
(d)enter into a controlled goods agreement with the debtor
13(1)To take control of goods an enforcement agent must do one of the following—
(a)secure the goods on the premises on which he finds them;
(b)if he finds them on a highway, secure them on a highway, where he finds them or within a reasonable distance;
©remove them and secure them elsewhere;
(d)enter into a controlled goods agreement with the debtor
...He didn't/couldn't secure or remove the car because of it's location and he didn't enter into a controlled goods agreement, as he only put an agreement through my door and I haven't signed it - so am I right to say I wasn't interfering at all?
Also, reading this..
QUOTE
Time limit for taking control
8(1)An enforcement agent may not take control of goods after the prescribed period.
(2)The period may be prescribed by reference to the date of notice of enforcement or of any writ or warrant conferring the enforcement power or any other date.
(3)Regulations may provide for the period to be extended or further extended by the court in accordance with the regulations.
8(1)An enforcement agent may not take control of goods after the prescribed period.
(2)The period may be prescribed by reference to the date of notice of enforcement or of any writ or warrant conferring the enforcement power or any other date.
(3)Regulations may provide for the period to be extended or further extended by the court in accordance with the regulations.
..as my County Court Warrant was issued in March 2014, so is prior to the new regulations on 6th April 2014, is 12 months the "prescribed period" or am I interpreting that incorrectly?
Thanks again for any help.