Hell and advice please

[delilah21]

Dear all,

Just a quick hello to say that I am glad to have joined this site as some of the information has been really helpful so far, with lots of knowledge shared on the subjects of bailiffs. I have used ther SARS form already on a different matter, so thank you Amy.

I was wondering if anyone knew the answer to the following:

My husband is being pursued by a Bailiff (who turned up at our home) seeking payment for a parking ticket incurred by one of the drivers who worked for my husbands firm.

We didn't receive the original ticket (presume that the worker threw it away). The Charge Notice arrived at the company address when, unfortunately, his company went into liquidation. This was sent to the liquidator to deal with. We wrongly assumed that it had all been dealt with, until the bailiff turned up at our home address.

We believe this is a company debt and that any claims for payment need to go to our liquidator.

I called the council to find out more information on what the debt related to, as the bailiff had of course, only put limited information on his paperwork i.e the vehicle reg, my husbands name and the PCN number. Nothing else, no address or finer details.

The council parking dept confirmed that the ticket was issued to the Company (on the first line) then it had my husbands name (on the second line), and that the address was the company address - not our home address.

This vehicle was sold during the liquidation, so we don't have the paperwork any longer, as a contingency I have asked the DVLA to confirm the registered keeper details at the time of the contravention. As strangely the council (Enforcement Department) and the bailiffs refuse to acknowledge the company name and address. Hoswever, the parking department at the council did send out a charge cert with the name and address of the company (also husbands name). I have sent them back a copy. Unfortunately the DVLA requested information takes five weeks and I don't have that much time. HOwever, we do have a tax disc reminder form which clearly states, company name, and then husbands name with company address from the DVLA. It was never changed into just my husbands name nor our home address. The council concerned, are yet to come back.

I am out of my mind with worry that the bailiffs will return and get a walking notice to remove goods from my home as they have threatened.

The bailiffs have turned up at the house to pursue my husband for this debt and have done so twice now. Leaving unsigned documentation, threatening to take a car in my name?? Threatening police and breaking in etc. The bailiff even asked my 5 year old daughter to open the door for him. Fortunately it was locked.

My question is: although we believe that the debt is in the company name, due to tax, registration, insurance being through the company, the reg keepr details do mention my husband (along with company name etc) and not at our home address. My husbands company was a Limited company.

What do people think - or does anyone know, if this is in fact a company debt as we believe? I hope so.

Then hopefully I can have the bailiff for trespassing on private property (or not?).

Can anyone help?

Thank you.

[labman]

Re: Hell and advice please

With a PCN the fine is not driver dependent, it is against the owner, who is presumed to be the Registered Keeper.

This would be the crux here. Can you prove the company was the owner of the vehicle through, for example, supplying the receipt from when the vehicle was purchased.

If not, and your husband is listed on the V5, I fear he will be liable for the fine. As this is clearly beyond the 36 day period, you need to complete a Statutory Declaration Form, Out of Time - phone 08457 045007 to get the forms.

If you have received a CCJ for this already, then you should apply to have this set aside. This link explains well how to do this:

National Debtline England Wales | Debt Advice | Factsheet 12 How To Set Aside A Judgment In The County Court

[bluebottle]

Re: Hell and advice please

In addition to Labman's advice, you should also report this bailiff to the police. What he has done, so far, is illegal. If a child under the age of 12 years is the only person at home when a bailiff calls, they know very well they are not allowed to enter and must walk away. The threat to break in is an arrestable offence under Section 2, Criminal Damage Act 1971. If the bailiff tries to take your car and knows it is your car, he will risk arrest for theft. I would also ring the bailiff and ask which court issued his certificate. If he asks why you want to know, don't tell him. Once you have that information, go to the Ministry of Justice website and download a Form 4 and send to the court. This bailiff is a menace and the sooner he is taken out of circulation, the better. Oh, be prepared for the police to claim it's a civil matter. Insist on making a statement of complaint.

[delilah21]

Re: Hell and advice please

Dear Bluebottle,

Thanks for the reply, really very much appreciated and I have followed much of your advice.

I did go to the local police station and we were fobbed off with 'it's a civil matter' - in fact the Community Support Officer - when I was telling her the details re my child, commented 'that she wouldn't let her child open the door, so what was I doing?'. I did point out to her that was why the door was locked, so that she didn't open it to strangers or in fact go out into the road, as I do know what five year olds are like and that my daughter immediately came to fetch me - I also pointed out that I was trying to lodge a complain for harrassment against a bailiff who has also been discovered looking through the window of my house and who threatened that he would sit outside my house until the bill was paid - and not to get parenting classes from her.

I did complain to her Sergeant, but I don't feel that she took my complaint too seriously. The Sergeant also advised that he was entitled to look through the window of my property? Unbelievable! As a result I left in tears with what felt like a flea in my ear and that I had done something wrong.

I have taken your advice and have chased the County Court re the bailiffs cert, after calling the Ministry of Justice to see if he was on their register as a certificated bailiff, he wasn't, but I guess that doesn't mean he hasn't renewed his licence and that the records just haven't been updated by his certifying court.

The county court are going to look at my request and come back to me. I really do hope he is not certificated, but that would be too good to be true.......

Our liquidator has put in TE7 and TE9 forms to Northampton Council and we are waiting to hear back re their decision. So thank you for that advice Labman.

Finally, our liquidator wrote to the Council and provided their original letter back to them which stated my husbands name, then the company name and company address and also a copy of a DVLA tax disc renewal request. This 'lady' advised my liquidator to stop emailing her and wait for the outcome of Northamptons OOT decision. So rude.

How can they come to my home address, when it is not on the registered keeper details?

I wonder how this lady, who seems to not want to drop this matter, would feel if we sent someone to sit outside her house and threaten all sorts of things - she even lied and said they had no knowledge of my husbands company being on the form, which I guess is why Mr Bailiff put through documentation that was not dated, only had husband's name and no address on the form through our home address door. Nor was it signed. Really no information whatsoever. Don't the council have some responsibility to the public to provide an answer. I have written separately to her from my liquidator to ask her questions and have had no response. I would like a personal response as they have made this a personal issue, by turning up at my property.

I am so worried that the bailiffs will all come back and it will all start all over again. That said we have managed to stop the bailiff action for the time being, unless the Council want to pursue the matter further - which it seems it does - so fingers crossed that the OOT will be in our favour. If not, we'll have to tackle the above on the technicality where my husband name comes second on the registered keeper documents after the company name.

I really despise bailiffs and have not come across them before luckily. I feel sad for people that are more vulnerable and do not have access to the wonderulf advice and information that I have been able to obtain through this site.

I cannot beleive all this is over a parking ticket thsat we never received, as ther vehicle was not driven by my husband and that when the Charge Notice came out it was sent to the liquidator to deal with. What a nightmare.

Any further advice or thoughts, much appreciated.

I really want to do anything I can to stop such bad practice by bailiffs.

Sorry for the rant, I am just worried.

[labman]

Re: Hell and advice please

Tell the bailiff that Forms TE7 and TE9 have been submitted and provide them with proof of this. I'd copy this to the council personally as well. The bailiffs should then back off.

What happens now is that the TEC will notify the local authority and give them 19 working days to either accept or reject the application.

If accepted, the application will be treated as ‘in time’ and the Court registration will be revoked. The matter is then referred back to the Local Authority who will decide on their next action. If rejected, the application will be referred to a Court Officer at the TEC for an impartial decision to be made.


Hope this helps.

[delilah21]

Re: Hell and advice please

Thanks Labman, great advice. Will keep a nervous eye on things.