Car Seized by Bailiff, CCJ Under Previous Address

[sjt_1984]

Hi all,

I had my car seized by a bailiff on Monday morning, which was as a result of a CCJ being issued against me, however it was registered under my previous address and I had never received any notification of this. I had moved out of my previous address in August 2017 and the court writ (which I saw for the first time on Monday) was dated 28/01/2019.

The claimant is UK Car Park Management Limited and they are after money for ticketing my car numerous times despite me being parked in my own parking space that I owned as part of the contract on my previous flat. Months and months ago I sent them a letter disputing the money that they were claiming and never received a reply back.

I have been left a couple of handwritten notes over the last couple of weeks from DCBL, which had very little information on (a name and phone number to call and a reference number that meant nothing to me). Then there was another visit on Monday and I came out to find my car had been clamped and upon calling the police I was told if I interfere I could be arrested.

I have had a look online, but I'm not really sure what my best option is here? I saw that there is an N244 form to set aside the CCJ, but assume it is now too late to do that as the car has been taken already?

Over the last couple of years I have been suffering from stress and anxiety and was beginning to feel back to normal, but now this has happened it has brought me to square one.

If anyone could provide any help on this it would be much appreciated?

Thanks
Stuart

[ploddertom]

Which Enforcement Co seized the car or was it the County Court Bailiff? How much is the CCJ for? I assume your vehicle is free of finance?

[sjt_1984]

The enforcement company is DCBL, I’m not sure if it’s the county court bailiff though? The writ says it’s to Simon John Williamson, an enforcement officer authorised to enforce writs of execution from the high court. Then further down it says on the application of DCBLegal.

The CCJ total is £1011.54, however the bailiff was going on about 2.5k!

There is no finance outstanding on the car.

[ploddertom]

Thank you for that. Unfortunately the CCJ has been transferred to the High Court for enforcement. DCBL are also known for charging all enforcement charges at the same time whether you owe them or not - they work on the principle that those they are enforcing against do not know the Regulations and therefore get away with it.

What letters have you had from them? How much is your vehicle worth? Have you made any offers to pay?

[sjt_1984]

I have never received any letters from them and can only assume that they would have been sent to my previous address.

Car would be worth around 8-9k.

Not made any offers to pay as Monday was the first I knew about this. The bailiff said he would post the details through my letterbox after the car was towed away but he never did. He also mentioned the car would be sold after 7 days and I’d get the money back minus all of their fees etc.

Am I completely out of luck with this situation?

[ploddertom]

If we go back to the beginning.

Are you saying you got some tickets for parking - how many?

Can you explain this part as I don't quite follow - ticketing my car numerous times despite me being parked in my own parking space that I owned as part of the contract on my previous flat."

What address was the vehicle registered at? When was the last time the V5 was changed?

[ploddertom]

You should have received a Notice of Enforcement prior to any visit and even though you are at a different address a new NoE should be furnished. When they attended on Monday did they give you an option to pay - could you have paid or at least paid half? Did DCBL not give you a receipt for the vehicle? Yes the vehicle can be sold after 7 days but they must notify you of when & where - it could be you want to buy it back. Did you surrender the keys to the vehicle?

It is possible to serve an injunction on DCBL to prevent them selling the vehicle - cost, guess in excess of £300 but no guarantee of success. I think you may be better off fighting the original CCJ. You can also apply for a Stay of Execution against the Writ that DCBL have quoting any or all of the following:
i - you had no knowledge of the original CCJ until an Enforcement Agent from DCBL knocked on your door
ii - all communication had gone to an old address
iii - DCBL have not furnished you with any paperwork
a - no Notice of Enforcement - a legal requirement
b - no receipt for Taking Control of Goods/Removal of Goods - a legal requirement
c - despite removing a vehicle Reg No xxxxxxx, they have not furnished any details of the proposed sale - a legal requirement
iv - cannot afford the fees/charges demanded & they have not provided a breakdown despite a request to do so
v - pending determination of a Set Aside application against the original CCJ

No doubt there will be more if needed. Again this application can be made on an N244 - cost £255. This can be done as an urgent application and if granted
will prevent any further enforcement or charges. Also include a request to prevent the sale of the vehicle and ask it be returned to you. The important bit is that this would have to filed tomorrow or Friday at the very latest - this can be done at your local County Court if it acts as a District Registry of the High Court.

[sjt_1984]

I received several parking notices a few years ago (2014/5 at a guess), I contested these as the parking space was owned by myself, I only ever got generic reposes saying I was in breach of the parking rules. Around a year ago I got a letter from them saying they intended to take the matter to court so I replied and asked them to give me all the evidence they were referring to and what their reasoning was. I got no response.

The car is registered at my current address. It wasn’t done straight after I moved as i forgot that updating the licence address doesn’t include the V5. It was updated in June 2018, way before the CCJ was issued.

I wasn’t given an option to pay on Monday as my vehicle had already been clamped. I wouldn’t have paid regardless of the option as I do not believe the demands for payment are valid.

DCBL gave me no receipt for the vehicle and I still have the keys.

Thanks for all the information. I will get the N244 form filled out and taken to my local court tomorrow. What would happen if they don’t file it by Friday?

Thanks again

[ploddertom]

As said previously as long as your local County Court acts as a District Registry of the High Court then you can attend in person just after 10am. Explain at the desk it is an urgent application and they can usually find a Judge who will hear it immediately and may make an Interim Order pending a full Hearing.

If granted then contact DCBL and tell them a Stay as granted by Judge xxx at vvvCourt on aa/bb/cccc. Tell them any conditions which were granted. Don't get into an argument, tell them & hang up. If they want to ignore it then that is up to them. When the paperwork comes send a copy to them via email initially followed by a hard copy in the post.

[sjt_1984]

Ok thank you very much for your help. I will be at my local district registry at 10am tomorrow!

[sjt_1984]

So I visited my local court yesterday and a judge ruled a stay of execution and also arranged a new court hearing.

An order was written for DCBL to return my car, however they have said they can’t comply as the order doesn’t have my car reg or the correct date it was seized (order states 18th Jan instead of 18th March).

Ive emailed the court to see if they can amend the order, but are DCBL correct in what they have come back with?

[ploddertom]

Typical response by DCBL and in the majority of cases is time wasting by them.

I'd be more tempted to go back to the Court and allege they are committing Contempt, also are you sure they actually still have the vehicle - wouldn't be the first to have disposed/sold it even though the time to do so is not yet up.