Bailiff have warrant for the wrong address

[jerryff]

I own money to the council for a parking fine that I am contesting. The incident happened nearly 2 years ago.

The bailiffs have a warrant (issued by a county court) for my old residence.

I know they cannot come to my new residence to remove property but what about clamping and towing our car which is parked outside our new residence?

thanks for your time!

[Amy]

Re: Bailiff have warrant for the wrong address

Was the parking fine from a private company?

[jerryff]

Re: Bailiff have warrant for the wrong address

hello amy, thanks for your reply.

no, the parking fine was issued by the council. We moved shortly after receiving the parking fine and all documents (notice to owner, court order and judgement and such) went to the old address where the tenant promptly returned it to sender.

The council admitted they have received some of their documents back.

Almost 2 years later the bailiffs had got hold of my mobile number and are claiming over £500 for the £180 outstanding debt.

My questions are:

1. can the bailiffs remove our car standing outside a residence to which they don't have a warrant?
2. does the court judgement (traffic court I believe) affect my credit score?

thanks

[Amy]

Re: Bailiff have warrant for the wrong address

If you have a warrant of execution against you then this is only valid for 12 months.

[jerryff]

Re: Bailiff have warrant for the wrong address

It was issued earlier this year (February-ish).

I'm wondering whether the car can be removed even though it is registered and parked outside our new residence.

[Paule]

Re: Bailiff have warrant for the wrong address

I am not up on bailiff procedure, so someone correct me if I am wrong, but the warrant is against YOU, not your address.
So if you move address the warrant will still be valid until it expires.


Can I just ask How are you 'contesting this fine' as you say you moved away after receiving it.
What was your reason for this and did you inform them of your new address

[jerryff]

Re: Bailiff have warrant for the wrong address

Thanks for the input pkea.

My impression was that the bailiffs can only collect at the address issued on the warrant. They cannot break into my old residence to take the current owners property nor can they break into my current address because they don't have a warrant for that.

I have filed a statuary declaration because I never received the notice to owner. I have also filed a out of date declaration because the ticket was issued almost 2 years ago.

I have contacted the council and offered to settle in full because I believe a genuine mistake was done but they told me they cannot do anything about it any more because "it is with the bailiffs".

My question still remains, can they remove our car which is parked at a address not on their warrant.

To be honest I don't even mind settling with the bailiffs but after reading up on my rights here on legalbeagle at least I know what is a resonable fee on top of the fine.

thanks

[Amy]

Re: Bailiff have warrant for the wrong address

The bailiffs cannot break into any property in this instance as this is a civil debt as opposed to a criminal matter.

You did receive the original PCN but not the NTO - is this correct?

I believe the period to contest a PCN is 14 days, but if nothing is received within 28 days then an NTO will be issued.

I am not sure that not receiving an NTO is a valid reason for filing a statutory declaration.

If you are prepared to settle the debt, how much are the bailiffs asking you to pay?

In answer to your question - yes, they can take your car and it is often their easiest option. However, if it is financed or does not belong to you then the answer would be, no.

[jerryff]

Re: Bailiff have warrant for the wrong address

The bailiffs are asking for £500+ for the original £180 debt. I have had no visits from them nor anything in the post.

I have requested a copy of the warrant and they sent this after a short delay (still to the old address).

What would be a reasonable sum to agree upon?

thank you,

[Amy]

Re: Bailiff have warrant for the wrong address

I would be inclined to send a Subject Access Request to the bailiff and then they will have to tell you how they have arrived at £500+.

Bailiff - SAR - Legal Beagles

[jerryff]

Re: Bailiff have warrant for the wrong address

Thank you