Bailiffs trying to claim for long period

[NZJames]

Hi,

My situation is a little complicated but I'm hoping someone can give me some advice.

I went travelling for 3 months back in May 2011, arriving back at the end of July. Because of this I gave up my flat (number 56a for ease of reference) that I was renting and my friend held on to my car for a few months. On my return as I didn't have a job or permanent address I stayed with various friends over the next number of months, couch crashing until I finally secured employment and a new flat for January 2012.
On October 2011, I received a parking ticket for being in a loading zone, though I didn't get anything on my car when I returned so it may have been blown away by the wind, but that was when the ticket was recorded and looking back at my diary I know that I was in that location on that day, which I accept. Of course having not received the ticket at the time, I was unaware of any outstanding ticket.

Because my driving license still had flat 56a as my address, follow up demands for payment were sent there, which I did not receive obviously as I was no longer at that address and clearly no-one at the address forwarded it on or returned to sender. The debt was then sent to the courts and judgement was filed against me on November 2011, again, without any communication to me or knowledge by me, other than what I assume were letters sent to my old address which I had no access to and I had no knowledge of. Court costs were apparently added, bringing it to about £200 and demands sent for payment. By the end of december, as the court judgement had not been settled, it was passed to a private debt collection company who again took my last known address from DVLA and visited flat 56a twice in the first quarter of 2012.

Finally in October 2012 - almost a year later, I received a letter from these bailiffs at my current address which I have been living in since January 2012 and has been on record with the DVLA since early february 2012. However since the bailiffs went to DVLA in december/january when the address on record was still flat 56a, they have visited that premise twice and have not bothered to re-check the address since I updated it. As I had no permanent address between April 2011 and January 2012 there was nothing I could have updated at DVLA.

Because of the two bailiff visits, administration costs and the judgment fees, the private debt company are now trying to claim over £600 from me and have written with intent to visit my new address to claim this in possessions. The first I heard of any of this (including the parking ticket) was October 2012, a year after the ticket which I never physically saw or knew about, was issued.

If it was just the ticket and a few fees I would just pay it but over £600 for a parking ticket seems extortionate, given that most of it is from the private debt collectors adding their own fees for visits to an address I was no longer living at. I refuse to pay these fees for their blunder - as I see it - as had I been contacted and notified of the debt at the time, I would have paid it instantly.

I have tried appealing against the court judgement made by submitting a witness statement out of time - as the period for this has elapsed, but this has been refused and they have given no reason why, just that a hearing would be of no value and they refuse my appeal to submit a witness statement out of time. I can appeal against this and have it seen at a court hearing, at a cost of £85 to myself and taking a day off work - which would set me back about £500.

So I am now feeling like I have run out of options but do not want to pay a debt collection company £600 for a parking ticket that I was never told or notified about, just because they racked up costs based on an old address DVLA had, when I had no permanent address during that period.

Can anyone suggest a course of action for me?

Many thanks,
James

[ploddertom]

Re: Bailiffs trying to claim for long period

The warrant that has been issued is for a different address. When you submitted your out of time where did you send it and what grounds did you use? It is normal to apply to the Traffic Enforcement Centre and as this was an old address this should have been allowed, the Warrant returned to the Council who should have written to your new address giving you opportunity to pay at the original rate on the ticket & not a Bailiff fee in sight.

[NZJames]

Re: Bailiffs trying to claim for long period

I requested the out of time from the Northampton County Court, giving a basic explanation of having no permanent address during that period and not receiving any communication or having seen the original ticket. I received a letter with one piece of paper from Northampton County Court and the other from Traffic Enforcement Centre saying it had been refused but they are not required to give explanation. Would you suggest I request a review of the decision?

[ploddertom]

Re: Bailiffs trying to claim for long period

Look at this:
http://www.britishparking.co.uk/writ...%20f%20doc.pdf

Then have a read of this, especially Para 7
CPR Rule 75

(1) An authority seeking the issue of a warrant of execution must file a request –

(a) certifying the amount remaining due under the order;

(b) specifying the date of service of the order on the respondent; and

(c) certifying that the relevant period has elapsed.

(2) The court will seal the request and return it to the authority.

(3) Within 7 days of the sealing of the request the authority must prepare the warrant in the appropriate form.

(4) No payment under a warrant will be made to the court.

(5) For the purposes of execution a warrant will be valid for 12 months beginning with the date of its issue.

(6) An authority may not renew a warrant issued in accordance with this Part beyond the 12 month validity period but, subject to paragraph (7), an authority may request the reissue of a warrant during the 12 month validity period.

(7) Where the address of the respondent has changed since the issue of the warrant, the authority may request the reissue of the warrant by filing a request –

(a) specifying the new address of the respondent;

(b) providing evidence that the new address for the respondent does relate to the respondent named in the order and against whom enforcement is sought; and

(c) certifying that the amount due under the order remains unpaid.

(8) Where the court is satisfied that the new address of the respondent given in the request for the reissue of the warrant relates to the respondent named in the order, it will seal the request and return it to the authority.

(9) The authority must prepare the reissued warrant in the appropriate form within 7 days of the sealing of the request to reissue.

(10) A reissued warrant will only be valid for the remainder of the 12 month period beginning with the date it was originally issued.