bailiffs sold my car while the TEC sent my N244 to the LC Court

[HARTGE3]

Hello everyone,

I hope someone can help me get some sort of clarification and advise as to how to proceed next.

I will try and keep this brief.

I had moved out of the previous address and moved abroad in the car. While I was abroad it seems all correspondence from TFL and Bailiffs were sent to the previous address, because the vehicle remained registered to the old address.

My previous address was in the Congestion Charge Zone, despite holding a Resident’s Discount I have been charged a full amount for crossing CC zone. At the end of the months due to the TFL's system glitch the payment was not been processed via previously registered payment method (direct debit), and consequently, the TFL issued PCNs for non-payment of appropriate charge.

As a result, when I came back to the UK and rented accommodation at my current address, I have notified DVLA. However, my car been seized by a bailiff and towed away without giving any notification. I become aware after reporting to the police. The vehicle contained exempt trading tools. Notably, a new logbook arrived after 3 months when the car was towed away.

I have gone through the Statutory Declaration Out of Time process and have been granted permission to file my Stat Decs Out of Time by the Local County Court. However, some of the N244 Applications were refused.

Despite the fact that most of the PCN were reissued to the current address, where I had a chance to challenge them, the bailiffs demanded to pay an initial debt including the paid penalties and the storage fees for all time while the car was stored at the car pound.

I was waiting for the hearing of my last N244 application at the Local County Court when I had a call from the person who had bought my car and was asking whether I can sell the car keys. Also, they stated the car boot was empty, neither construction tools nor personal belongings were contained in the car.

Please let me know what our next step is in this process.
Thanks

[Maxwatts]

I'm not an expert by any means, but if your vehicle was insured either for work purposes or for travelling to and from your place of work, it cannot be levied or taken away.

You might be able to sue the bailiffs under The Torts (Interference with Goods) Act 1977, and get damages.

DISCLAIMER:

This definitely USED to be the law, as I paid an extra tenner to my insurance company to add 'to and from place of work' (much cheaper than using it FOR work) to make sure it could never be towed.

As I say, the law may well have changed, but this might be a good starting point for you to research.

Also: https://www.nationalbailiffadvice.uk...ecover-It.html

Yes, I read that they sold it, but if a tort was committed, you can obtain redress, and maybe under one of the headings in the article above.

Max

[HARTGE3]

Hello Max,
thanks for providing the link. I will definitely check it. also I have left my message to BailifffAdvice.
Best Regards,
Vik

[Partypooper]

Hello Max,
thanks for providing the link. I will definitely check it. also I have left my message to BailifffAdvice.
Best Regards,
Vik

Hi.* What date did you move out of your old address (the address that the congestion charges were registered to) Did you move straight abroad? What date did you return to the UK?

[HARTGE3]

Hi. What date did you move out of your old address (the address that the congestion charges were registered to) Did you move straight abroad? What date did you return to the UK?

Hi,*PARTYPOOPER
*I have moved out* on 11th April, I had moved* in temporarily to my sister's house for week, than I left the country.*
I come back on 10th of August. I was rented an accommodation at other address, but after a week or two I had to move out.**

[Partypooper]

You weren't given notice of enforcement as it was sent to your previous address. Goods cannot be controlled until notice has been sent at your usual address. Before taking your car, Marston should have re-sent the notice to your current address.

[HARTGE3]

You weren't given notice of enforcement as it was sent to your previous address. Goods cannot be controlled until notice has been sent at your usual address. Before taking your car, Marston should have re-sent the notice to your current address.

TFL and Bailiffs were stated that the PCNs and Warrants were issued on the same address which was obtained from DVLA, who had confirmed the vehicle was registered on my previous address where the PCN has been sent to. The vehicle was towed away while the logbook was sent to DVLA for address update.
Would be the TFL's statement valid in this case?

[seduraed]

I would see if your insurance and similar covers legal advice. The tools are exempt, report them as stolen to the police, and get a crime number. If you know who the enforcement agent was, name them. Any criminal conviction can end the career of an enforcement agent. Claim for your exempt tools against your insurance, as well as the personal effects. The car is going to be tricky. Talk to a solicitor. When you sent the V5 to Swansea did you by any chance get proof of postage?

[Partypooper]

TFL were permitted to send PCNs to your last known address (which is your old address if you failed to update with DVLA). It was permissible to obtain the warrant using your old address.

However, before taking control of goods, a bailiff must give notice to your USUAL address pursuant to Regulation 8(1)(a) of The Taking Control of Goods Regulations 2013. The Notice of Sale should also have been sent to your usual address.

In essence, the PCNs may be sent to your last known address but the notices from the bailiffs should have been sent to your usual address. Your vehicle should not have been removed until you were given notice that enforcement had commenced. Until that notice was given, the bailiff was not permitted to escalate the matter. This of course means that he was not allowed to add enforcement and sale fees. Furthermore, all storage fees and auctioneer fees should not have been added.

I don't hold out much hope for your tools unless you have evidence that they were in your boot at the time that the car was taken. There is of couse absolutely no harm in including the cost of replacing them in any subsequent claim you make. However, it would be for a court to decide whether you were to be reimbursed for them.
*

[HARTGE3]

I would see if your insurance and similar covers legal advice. The tools are exempt, report them as stolen to the police, and get a crime number. If you know who the enforcement agent was, name them. Any criminal conviction can end the career of an enforcement agent. Claim for your exempt tools against your insurance, as well as the personal effects. The car is going to be tricky. Talk to a solicitor. When you sent the V5 to Swansea did you by any chance get proof of postage?

Unfortunately, my insurance had expired while the car was contained in the carpound. I don't know bailiffs name, as it seems all correspondence was sent to previous address. The car was clamped in 6:20 am, than it was towed away after 2 hours. I didn't even head about it.*After that I have noticed the bailiffs and bunch of trucks* were operating quite often like a gang in my area,* by picking* the clumped cars.
*I can't afford a solicitor, most of them ask to pay upfront around £3000.

[Partypooper]

If you don't want to go through the courts, another option available to you is the Local Government Ombudsman. TFL fall under the jurisdiction of the LGO.

There are advantages and disadvantages with this route. The first obstacle that you would have to overcome is to ensure that the LGO will look at your complaint. The LGO will sometimes not look at complaints if it was possible for you to pursue the matter in the courts. This is a grey area and there are numerous examples of the LGO taking on complaints where legislation has been breached/ignored.

In order to go through the LGO, you must first exhaust the internal TFL complaints procedure. You must also complain within 12 months of you first becoming aware of the problem.

It costs nothing for the LGO to look at your complaint. The other advantage of you going through the LGO is that you still have the option of going through the courts afterwards, if you are not happy with a decision.

Personally, I don't have as much faith in the current LGO as I did with the previous one but the opportunity is there for you to get an independent decision free of charge.

In the first instance, I would ensure that you get a copy of the Notice of Enforcement. Write to TFL and inform them that you did not receive one and that you require sight of it. This together with the Notice of Sale will be your evidence that you did not receive statutory notice of enforcement or intention of sale.

Once you have a copy of the notice of enforcement, include a copy together with a copy of the Notice of Sale in your complaint. Regrettably, Marstons and/or their agents read these forums so there is a chance that they will send out a copy of a notice to the correct address and claim it was sent there. You should then fall back on the previous correspondence that you have where TFL and Marston appear to claim that correspondence was sent to your last known address.


*

[HARTGE3]

If you don't want to go through the courts, another option available to you is the Local Government Ombudsman. TFL fall under the jurisdiction of the LGO.

There are advantages and disadvantages with this route. The first obstacle that you would have to overcome is to ensure that the LGO will look at your complaint. The LGO will sometimes not look at complaints if it was possible for you to pursue the matter in the courts. This is a grey area and there are numerous examples of the LGO taking on complaints where legislation has been breached/ignored.

In order to go through the LGO, you must first exhaust the internal TFL complaints procedure. You must also complain within 12 months of you first becoming aware of the problem.

It costs nothing for the LGO to look at your complaint. The other advantage of you going through the LGO is that you still have the option of going through the courts afterwards, if you are not happy with a decision.

Personally, I don't have as much faith in the current LGO as I did with the previous one but the opportunity is there for you to get an independent decision free of charge.

In the first instance, I would ensure that you get a copy of the Notice of Enforcement. Write to TFL and inform them that you did not receive one and that you require sight of it. This together with the Notice of Sale will be your evidence that you did not receive statutory notice of enforcement or intention of sale.

Once you have a copy of the notice of enforcement, include a copy together with a copy of the Notice of Sale in your complaint. Regrettably, Marstons and/or their agents read these forums so there is a chance that they will send out a copy of a notice to the correct address and claim it was sent there. You should then fall back on the previous correspondence that you have where TFL and Marston appear to claim that correspondence was sent to your last known address.

Thank you for advise,I am currently at last stage of TFL complaint procedure. However, I have started to draft a complaint to the Local Ombudsman.

[HARTGE3]

In continuation to my the previous post I would like to advise the car was sold on 13th March just before Covid-19 lockdown, I have not been informed about the sale date, so I did not knew about the auction and bailiffs auction. Although I advised TFL(Creditor) in telephone conversation in beginning of March there is one ongoing application N244 to file a Statutory Declaration out of time still under review with TEC and County Court.
At this moment I still have not received any updates regarding the sale and personal belongings.
The court hearing will take place in November; that will last N244 application.
Although the vehicle has been sold, the Task Enforcement ignore my requests to provide with sale bill and receipt of the inventory of items. I still have not receive a response from bailiffs of how I can collect my items removed from the vehicle before the sale. The TFL redirect with all enquires to their bailiffs.
It seem I have been totally ignored by TFL and their bailiffs.

I look forward for any feedback and advise.