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Wrong address on warrant of execution

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  • Wrong address on warrant of execution

    This morning I went to my car to drive to the wholesalers to buy stock for my bar/function suite for tonights football match. That is my business, I run a function suite and catering business at a non league football club. Any way I arrived at my car, a Mitsubishi Shogun, to be greeted by a big red STOP sticker on my drivers door and a clamp on the o/s/f wheel. There was a mobile number written on the big sticker so I called it and spoke to a bailiff. He told me there was a warrant on my car from Northampton County Court, but was unsure what it was in relation to. He said he would investigate and call me back. He did. It was in relation to a bus lane contravening some 18 months ago in the city of Sheffield. I live in Manchester. I remember this as I had a conversation with a gentleman from the city council there about 10 months ago when I first received a letter via Royal Mail redirect, as we had moved house some moths prior. The gentleman explained what the PCN was for and I offered to pay. He told me it was with bailiffs, although I had had no prior knowledge of the camera generated fine until now. He said I should file a statutory declaration, which I did on 18th June last year, clearly stating the reason being i had never received a "notice to owner". This, for some unknown reason was rejected. I have never been contacted since by a council or bailiff re this matter until hit with a clamp this morning. The paperwork in his file, which he couldn't give me any copies of, clearly showed my former address. I called a solicitor before handing over just shy of £400 who told me that as I'm self employed and the car in question is used in the day to day running of my business that he couldn't take it. The bailiff, from Manchester was having none of it. He had some proper hi tech looking cameras fixed all around the roof of his transit van. He wanted the money or was taking the vehicle. The outstanding balance to Sheffield CC is £97.

    Have I been had over? Have I got any recourse?

    Paul
    Tags: None

  • #2
    Re: Wrong address on warrant of execution

    Paul - Those cameras would be the bailiffs ANPR (Automatic Number Plate Recognition). Effectively it was your car and not you those cameras decided guilt over. Bailiffs can't tell the difference as ANPR is an anathema to a warrant of execution because if the bailiff had a warrant with him he could have driven straight to the address written on it. He needed ANPR precisely because he didn't have a warrant and didn't know where you lived thus the enforcement was illegal on that point alone.

    Indeed if the local authority concerned had even prepared a warrant, I'll give you the money mesself. If they send you one it will be a fake printed after today but backdated

    Problem is - whilst you have the law on your side, he has the money.

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