Bailiff's right of entry

[Moadeeb]

My partners son is in a spot of bother with a vehicle he sold May 2024. The "new owner" has accrued a substantial amount of fines, however despite him sending the V5C to DVLA they still have him as the registered keeper. My partner and I only found out about this a couple of days ago when she noticed the word "Enforcement" through the window of a piece of mail we hold for him. She opened the letter to find a PCN for a council car park. It has since transpired that there are more, mainly bus lane infringements. The letter is from Rundles Enforcement Agents acting on behalf of Bath & North Somerset Council. He does not live at our address, never has, we live in Minehead. We pass on his mail once a month as he is of no fixed abode, currently in Wales with his tent! I've been in touch with Rundles who are adamant that Bailiffs will turn up next Wednesday, they won't accept my word of his residential status. So, what rights do I have to prevent them entering our home:
- do they have the right to remove our property,
- enter our property,
- what proof can we provide to say he does not live here (Rundles suggested a utility bill, but I can't see how that will be proof of residential status, the house is mine), him being an adult and this matter is not of any concern/business of ours? He and I have also been in touch with DVLA, but this will require six weeks to be resolved. We just don't want uninvited, potentially intimidating/harnessing individuals in our home.

[PallasAthena]

Can I check one thing, are all the 'fines' that the baliffs are chasing in respect of penalties from the council (not from private car parking companies)?

What evidence does your son/you have for the sale of the car a year ago? Surely your son didn't just hand the car over without getting signed documentation from the purchaser and their name and address? Has he sent that to the council as evidence that he doesn't own the car and requested them to cancel the penalties?

Who sent what to the DVLA?

[echat11]

O.K. I understand they are chasing your son's (who is in Wales) debt, also the debt isn't his, it's due to an admin issue.

Would you be classed as 'vulnerable'?

https://www.citizensadvice.org.uk/de...re-vulnerable/

You could amend the following, email, post and keep by the door the following -

https://www.stepchange.org/Portals/0...%20Letter.docx

That should give you time, whilst the DVLA sort out the admin.

[islandgirl]

Agree with having the letter ready but the key is DO NOT OPEN THE DOOR and make sure all entry points are locked. Put your car away in the garage or park it somewhere else just in case. Ignore them after handing the letter and they will go away. They rely on people being embarrassed as their neighbours see what is going on - perhaps have a word with them so they know what to expect!

[echat11]

You could also make a complaint, i.e. you are providing them with information regarding the debt, but they have decided to ignore it etc.

Email, send it in the post, follow up with a call.

https://rundles.org.uk/manage-my-account/complaints

[Moadeeb]

Thank you to all who have replied.

As stated in my OP, the letter we opened, re. the parking penalty, is from the Council. I am not sure of the other apparent bus lane infringements, I'm assuming Council. The penalties amount to £1500. As far as i know the car was sold to someone in Gloucester, and my partners son says he filled in the V5C and posted the new keepers part to DVLA, there was a witness, so other than that there is no real evidence of this! I contacted DVLA to confirm keeper of the vehicle, which is still registered to my partners son.

However, for me at the moment, all I am concerned about is what the intention of the Bailiffs are next Wednesday, all Rundles would say was "it is our Policy", several times when asked. I don't want them here as none of this is our business. I myself am not classed as vulnerable, certainly not as specified in the letter suggested. This is a matter for the son to deal with as he found himself unemployed at the time of the sale of the car, and has had possessions stolen due to living in a tent in a park in Gloucester. We shall make him aware of this CAB notice.

But as stated, we just don't want to the Bailiffs coming here, there's no point, I can see that proving he does not live here is somewhat tenuous! Do they have legal access to my home and for what purpose? What's re\ally annoying is that we would know nothing of them turning up if the letter hadn't been opened!

[echat11]

O.K. heed islandgirl's advice, but also lodge a complaint.

Islandgirl has given you practical advice of what you should do.

If you need to communicate with them on the door step, use a window or letter box to hand over documentation, don't open the door.

https://www.civea.co.uk/blog/what-do...m-someone-else

[islandgirl]

They are not allowed to force entry but can walk in through an open door. They may also try to clamp car so keep it well out of the way. Write a letter explaining it is not your debt and pass through letterbox. Then ignore them until they go away. Warn the neighbours that it is going to happen so their tactics of showing you up will not work!

[echat11]

If you've warned them in writing, 'that they've got it wrong', then if they persist, then you maybe able to seek compensation from them.

Keep a diary, time / date / event.

[Moadeeb]

Many thanks to all who helped out with advice. We waited around all day, and no-one turned up! ... not quite true, a young chap turned up at around 17:30 wearing an orange high-viz jacket and smart suit. My wife alerted me and said "oh no here we go...". I went out, faced him confidently, and he said, "I'm not a nasty person, really........ I'm representing a charity for men's breast cancer, men get it as well, there were 400 cases last year... blah, blah". I, now shocked and deflated, feebly replied "I was expecting someone else...". Imagine that, we have lived here for over two years and this is/was the first cold caller. No joke, stuff happens to me like this all the time, I almost expect it! Anyway, thanks again.