• Welcome to the LegalBeagles Consumer and Legal Forum.
    Please Register to get the most out of the forum. Registration is free and only needs a username and email address.
    REGISTER
    Please do not post your full name, reference numbers or any identifiable details on the forum.

Unidentified driver / bailiff action/rossensales

Collapse
Loading...
X
  • Filter
  • Time
  • Show
Clear All
new posts

  • Unidentified driver / bailiff action/rossensales

    In August of this year my son's lease vehicle was allegedly caught driving in a bus lane .
    As my son was working away at the time and barely residing at my house he never saw the original letter nor did I open any of his mail .
    Fast forward to now and I have had rossendales bailiffs attending my house threatening to seize goods . I have explained to the vailiff via telephone that the owner of the debt does not reside at this address and that all belongings in this address belong to me . This has been ignored and they are coming back next week insisting they are adding to the original amount etc .
    Recently what has transpired with the bus lane offence is that my son has not identified the driver of the vehicle as he hasn't seen the original letter .The police are now prosecuting my son fir failing to identify himself or the driver who encroached the bus lane .
    My question is therefore this
    Has the bailiff got a case to enforce this debt if my son has not been identified as the person who committed the bus lane offence . He will appear in court soon .
    How can a bailiff seek money from him if he is not proven to be the driver?
    The bailiff has informed me that it's the address and not the driver who is liable which I think is nonsense .
    Any help please ? Kim
    Tags: None

  • #2
    Re: Unidentified driver / bailiff action/rossensales

    sounds nonsense to me as well

    Comment


    • #3
      Re: Unidentified driver / bailiff action/rossensales

      There has been a confusion here between the local authority and the police.
      PCNs are enforced through the civil justice system rather than the criminal courts. However, the police retain their powers to enforce bus-lane infringements. If both the council and the police attempt to penalise the same incident, the police action will take precedence. In these circumstances, the council cannot proceed with civil enforcement, and must refund any penalty charge already paid. Prosecution by the police may lead to a criminal conviction, with the penalty enforceable in the Magistrates' Court.
      Contact the council and tell them the polce are proceeding with this matter and the bailiffs should be shot

      Comment

      View our Terms and Conditions

      LegalBeagles Group uses cookies to enhance your browsing experience and to create a secure and effective website. By using this website, you are consenting to such use.To find out more and learn how to manage cookies please read our Cookie and Privacy Policy.

      If you would like to opt in, or out, of receiving news and marketing from LegalBeagles Group Ltd you can amend your settings at any time here.


      If you would like to cancel your registration please Contact Us. We will delete your user details on request, however, any previously posted user content will remain on the site with your username removed and 'Guest' inserted.
      Working...
      X